5 December 2003
Media Advisory

Council Requirements in Respect of Monolithic Cladding

Further to recent publicity about future use of monolithic cladding systems, we felt you might find Waitakere City’s position useful. The relevant information is provided below. This information is being provided to the building and related industries and building owners. The advice is:

Effective immediately Waitakere City has initiated a number of changes in respect of Building Consents, Inspections and Code Compliance Certificates where monolithic cladding is used.

All Building Consent applications that include the use of monolithic cladding must have a cavity system incorporated into the design. This will provide a first line of defence against the harmful effects of any water or moisture that may penetrate the cladding. In the interim until the amendments to the Building Code Clause E2 External Moisture become available, either specific design of the cavity will be required or the Building Industry Authority Consultation Document used as a basis for establishing compliance.

Further inspections will be required during the application of these systems. Should these inspections not be adhered to and passed, Council will not issue a Code Compliance Certificate.

Note: The following shall not be construed to be a “blanket” approach and each decision will be made on a case by case basis. Where a building is deemed to be compliant a Code Compliance Certificate will be issued.

Any building work that has a cavity installed behind the cladding and has been subject to and passed the new inspection regime, will be able to have a Code Compliance Certificate issued in the normal manner. Building work that has been completed or is in the process of being completed (and does not currently have a Code Compliance Certificate) or has a cavity that has not had the new required inspections will not be given a Code Compliance Certificate unless Council can establish on reasonable grounds that the building will comply. If in Council’s opinion the building does not comply applicants will be issued with a Notice to Rectify.

Where a Notice to Rectify is not complied with and/or a Code Compliance Certificate is not issued, the Consent Applicant will be advised to apply to the BIA for a determination.

These changes have been brought about by a number of “drivers” together with the “Kelleway” Judgement, the first of WHRS adjudications which held that:-

Council must put in place proper inspection processes at appropriate stages during construction of a building so that the Council is able to ensure compliance with the Building Code.

In light of this decision and the implications we consider we have no option other than to impose these requirements. Council has a duty not only to the Construction Industry as a whole but also home owners and future home owners in terms of the projected life span of these buildings. One of the primary duties is to ensure that the quality of housing stock is compliant and remains compliant and in a safe and sanitary condition. This is not limited to the cladding system but the structure as a whole.

ENDS

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