approved means approved by the Director of Building Control;
as-constructed plans means plans, in a form and containing such details as determined by the Director of Building Control, that specify how work has been constructed under this Act;
building work means work consisting of, or relating to –
(a) erecting, re-erecting, constructing, altering, repairing, underpinning, demolishing or removing a building; or
(b) adding to a building; or
(c) excavating, or filling, that is incidental to an activity referred to in paragraph (a) or (b); or
(d) any other prescribed work;
business day means a day that is not a Saturday, a Sunday, a statutory holiday as defined in the Statutory Holidays Act 2000 or a public holiday throughout the State;
certificate of completion includes –
(a) a certificate of completion (notifiable building work); and
(b) a certificate of completion (notifiable plumbing work); and
(c) a certificate of completion (notifiable demolition work); and
(d) a certificate of completion (permit building work); and
(e) a certificate of completion (permit plumbing work); and
(f) a certificate of completion (permit demolition work);
certificate of completion (notifiable building work) means a certificate of completion (notifiable building work) issued under section 104 ;
certificate of completion (notifiable demolition work) means a certificate of completion (notifiable demolition work) issued under section 127 ;
certificate of completion (notifiable plumbing work) means a certificate of completion (notifiable plumbing work) issued under section 115 ;
certificate of completion (permit building work) means a certificate of completion (permit building work) issued under section 153 ;
certificate of completion (permit demolition work) means a certificate of completion (permit demolition work) issued under section 203 ;
certificate of completion (permit plumbing work) means a certificate of completion (permit plumbing work) issued under section 178 ;
certificate of final inspection (building) means a certificate of final inspection (building) issued under section 152 ;
certificate of final inspection (demolition) means a certificate of final inspection (demolition) issued under section 202 ;
certificate of likely compliance includes –
(a) a certificate of likely compliance (notifiable building work); and
(b) a certificate of likely compliance (notifiable plumbing work); and
(c) a certificate of likely compliance (notifiable demolition work); and
(d) a certificate of likely compliance (permit building work); and
(e) a certificate of likely compliance (permit plumbing work); and
(f) a certificate of likely compliance (permit demolition work);
certificate of likely compliance (notifiable building work) means a certificate of likely compliance (notifiable building work) issued under section 98 ;
certificate of likely compliance (notifiable demolition work) means a certificate of likely compliance (notifiable demolition work) issued under section 121 ;
certificate of likely compliance (notifiable plumbing work) means a certificate of likely compliance (notifiable plumbing work) issued under section 109 ;
certificate of likely compliance (permit building work) means a certificate of likely compliance (permit building work) issued under section 134 ;
certificate of likely compliance (permit demolition work) means a certificate of likely compliance (permit demolition work) issued under section 185 ;
certificate of likely compliance (permit plumbing work) means a certificate of likely compliance (permit plumbing work) issued under section 160 ;
certificate of substantial compliance means a certificate of substantial compliance provided under section 257 ;
classification means classification under the National Construction Code;
demolition order means a demolition order under section 267 ;
demolition permit means a demolition permit issued under section 193 ;
demolition work is building work that –
(a) completely, or partially, demolishes a building or structure by pre-planned and controlled methods or procedures; and
(b) does not include the building of any new building or structure, or associated building works;
designer means the person performing design work under this Act;
dilapidated building means a building that, because of neglect, disrepair, defacement or damage, is of an appearance that is unsightly, particularly in comparison with its surroundings;
Director of Building Control means the person appointed under section 15(1) as the Director of Building Control;
emergency order means an emergency order made under section 245 ;
essential building services means the features of a building, or the measures in or associated with a building, that are prescribed for the purposes of this definition;
farm building has the same meaning as in the National Construction Code;
fire source feature has the same meaning as in the National Construction Code;
function control authority means an authority that is prescribed for the purposes of this definition;
Fund means the Building Administration Fund continued in force under section 329 ;
licensed builder, in relation to building work, means –
(a) the holder of a building services licence under the Occupational Licensing Act 2005 that authorises the holder of the licence to perform the building work; or
(b) an owner builder who holds an owner builder permit under that Act that authorises the owner builder to perform the building work;
licensed plumber, in relation to plumbing work, means the holder of a licence under the Occupational Licensing Act 2005 that authorises the holder of the licence to perform the plumbing work;
low-risk work includes low-risk building work, low-risk plumbing work and low-risk demolition work;
National Construction Code means the National Construction Code series published by the Australian Building Codes Board, as amended or substituted from time to time;
notice of work means –
(a) in the case of notifiable building work, a notice of work under section 97 ; and
(b) in the case of notifiable plumbing work, a notice of work under section 108 ; and
(c) in the case of notifiable demolition work, a notice of work under section 120 ;
notifiable work includes notifiable building work, notifiable plumbing work and notifiable demolition work;
occupancy permit means an occupancy permit issued under section 223 ;
owner, in relation to premises, includes the following persons:
(a) every person who jointly or severally, whether at law or in equity, is entitled to the premises for any estate in freehold in possession;
(b) a person who has contracted to buy the premises;
(c) in the case of premises that are subject to a mortgage, the person for the time being holding the equity of redemption in that mortgage;
(d) in the case of premises held under a tenancy for life, the person who is the life tenant;
(e) in the case of premises held under a lease for a term of not less than 99 years or for a term of not less than such other prescribed period, the person who is the lessee of the premises;
(f) if the premises are Crown land, the Minister, authority or other person responsible for the management of the land;
(ii) separates adjoining buildings that belong to different owners or that are occupied by different persons; and
(b) a wall, forming part of a building, that stands –
(i) outside the footings of the building; and
(ii) on lands that belong to more than one owner; and
(c) a wall, partition, arch, floor or other structure separating buildings vertically or horizontally that is approached by a distinct staircase or separate entrance;
performance solution has the same meaning as in the National Construction Code;
special-use building means a building, or a class of buildings, that the Director has determined to be used for a special purpose;
specified means specified by the Director of Building Control;
staged permit means a building permit, plumbing permit or demolition permit that is issued in respect of a stage of work under this Act;
standard of work certificate includes –
(a) a standard of work certificate (notifiable building work); and
(b) a standard of work certificate (notifiable plumbing work); and
(c) a standard of work certificate (notifiable demolition work); and
(d) a standard of work certificate (permit building work); and
(e) a standard of work certificate (permit plumbing work); and
(f) a standard of work certificate (permit demolition work);
standard of work certificate (notifiable building work) means a standard of work certificate (notifiable building work) provided in accordance with section 103 ;
standard of work certificate (notifiable demolition work) means a standard of work certificate (notifiable demolition work) provided in accordance with section 126 ;
standard of work certificate (notifiable plumbing work) means a standard of work certificate (notifiable plumbing work) provided in accordance with section 114 ;
standard of work certificate (permit building work) means a standard of work certificate (permit building work) provided in accordance with section 151 ;
standard of work certificate (permit demolition work) means a standard of work certificate (permit demolition work) provided in accordance with section 201 ;
standard of work certificate (permit plumbing work) means a standard of work certificate (permit plumbing work) provided in accordance with section 177 ;
temporary occupancy permit means a temporary occupancy permit issued under section 232 ;
temporary structure includes –
(a) a booth, tent or other temporary enclosure, whether or not part of the booth, tent or temporary enclosure is permanent; and
(b) a temporary seating structure; and
(c) a structure prescribed for the purposes of this definition;
work includes building work, plumbing work and demolition work.
(2) For the purposes of this Act, the nature, purpose or use of a building is –
(a) to be determined from the design of the building; or
(b) if the building is suitable for different purposes or uses by its design, to be determined according to its most natural purpose or use as inferred from its design, its situation and the declared intention of the owner at the relevant time.
(3) For the purposes of this Act –
(a) a reference in this Act to the class of a building is a reference to that class as set out in the National Construction Code; and
(b) if the class of a building is unclear or disputed, the relevant building surveyor for the building must classify it as belonging to the class of building it most closely resembles.