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Building Act 2004
7Meaning of building
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7 Meaning of building
building includes—
(a) a structure on or attached to land; and
(b) an addition to a building; and
(c) a structure attached to a building; and
(d) fixtures; and
(e) part of a building, whether the building is completed or not.
Example of part of building
footings poured for a building that is being built
(2) However, building does not include—
(a) a vehicle or craft that is not used or adapted for use as a class of
building or structure classified under the building code; or
(b) a transportable building, mobile home, caravan or similar that—
(i) is not used for long-term habitation; and
(ii) is readily transportable without being disassembled or
removed from associated components including a footing,
pier, stump, rigid annexe or an attached building or similar;
or
(c) if on the ground and not inside a building—paving, a driveway
or a road; or
(d) a surface-level carpark that is not inside a building; or
(e) a ground treatment; or
(f) vegetation; or
(g) ground excavations or fillings; or
(h) fittings, other than fittings included in a building—
(i) to make the building comply with the building code; or
(ii) that cause the building to not comply with the building
code; or
(i) fixtures that are not integral to the building, but are fixed to the
building to prevent theft or for some other reason not related to
the building; or
(j) something exempted under the regulations.
Examples—par (h)
1 An existing house was built when there was no requirement for the house
to satisfy any energy efficiency requirements or thermal insulation
requirements. Bulk thermal insulation batts are included in an extension
to the house to comply with the building code’s energy efficiency
provisions which apply to the extension. The opportunity is taken to
include batts in the ceiling of the existing house. The batts sit loosely on
the ceiling and are not fixed to the building.
The batts are part of the extension, because they are regulated under the
building code for the extension. However, they are not part of the
existing house, because they are not fixtures, and are not regulated under
the building code in relation to the existing house, unless they are
needed in the existing house to make the extension comply with the
building code.