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The legality of a Whitianga apartment block is being challenged after an investigation by building experts uncovered problems with the property.
But the council which approved the building says nothing is wrong and it has refused to revoke any approvals.
Leaky building law specialist Grimshaw & Co has asked the Thames Coromandel District Council to reconsider consents which allowed the three-level First Light Apartments to be built in Victoria St overlooking the marina.
The lawyers' move followed a damning report by building consultants Prendos, whose surveyor Phil O'Sullivan inspected the property.
The building was finished thisyear but has remained largely vacant, although units were sold beforethe block was built.
Buyers have raised concerns about fire, weathertightness, exterior cladding, ventilation and the building's overall finish and standard.
O'Sullivan found "many weathertightness failures and durability concerns" with the building, which he said did not comply with the Building Code's external moisture and durability clauses.
The extent of the problems would require a significant amount of destructive investigation, he said. The exterior departed "significantly" from the building consent drawings approved by the council.
A fire report by consultant Peter Dunkin found problems with some parts of the building. Exits in some areas were not wide enough to comply with fire safety standards, he said.
Tim Rainey at Grimshaw has asked the council to reconsider the units' legality. The building was given consents for short-stay visitor accommodation, yet an apartment block had gone up, he complained.
Rainey said the council had the ability to revoke resource consents because the block did not comply with the law.
But Sam Napia, group manager for environment services at the council, rejected that request. He said the building could be used for either traveller or permanent residential accommodation.
The building consent had been correctly issued and the finished building complied with its consent, he said.
Nor would the council consider withdrawing any documents it had issued stating the building was legal.
"The council will not revoke the code compliance certificate as requested in your letter," Napia told Rainey.
