NSWIn ForceAct
Design and Building Practitioners Act 2020
36Definitions
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#### 36 Definitions
36 Definitions
> > (1) In this Part—
> >
> > association means an association within the meaning of the [Community Land Management Act 2021](/view/html/inforce/current/act-2021-007).
> >
> > building has the same meaning as it has in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).
> >
> > building product has the same meaning as in the [Building Products (Safety) Act 2017](/view/html/inforce/current/act-2017-069).
> >
> > building work includes residential building work within the meaning of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).
> >
> > construction work means any of the following—
> >
> > > (a) building work,
> >
> > > (b) the preparation of regulated designs and other designs for building work,
> >
> > > (c) the manufacture or supply of a building product used for building work,
> >
> > > (d) supervising, coordinating, project managing or otherwise having substantive control over the carrying out of any work referred to in paragraph (a), (b) or (c).
> >
> > owner of land means any of the following—
> >
> > > (a) every person who jointly or severally or at law or in equity is entitled to the land for an estate of freehold,
> >
> > > (b) for a lot within a strata scheme, the owner of a lot within the meaning of the [Strata Schemes Management Act 2015](/view/html/inforce/current/act-2015-050),
> >
> > > (c) for a development lot or neighbourhood lot within a community scheme, the proprietor in relation to the lot within the meaning of the [Community Land Management Act 2021](/view/html/inforce/current/act-2021-007),
> >
> > > (d) every person who jointly or severally or at law or in equity is entitled to receive, or receives, or if the land were let to a tenant would receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise,
> >
> > > (e) other persons prescribed by the regulations for the purposes of this definition.
> >
> > owners corporation means an owners corporation constituted under the [Strata Schemes Management Act 2015](/view/html/inforce/current/act-2015-050).
>
> > (2) In this Part, a reference to building work applies only to building work relating to a building within the meaning of this Part.
>
> > (3) In this Part, a reference to the owner of land includes—
> >
> > > (a) if the land is subject to a strata scheme under the [Strata Schemes Management Act 2015](/view/html/inforce/current/act-2015-050), the owners corporation constituted for the scheme, or
> >
> > > (b) if the land is subject to a community scheme, precinct scheme or neighbourhood scheme within the meaning of the [Community Land Management Act 2021](/view/html/inforce/current/act-2021-007), the association for the scheme.
>
> > (4) In this Part, a reference to a person who carries out construction work includes a reference to a person who manufactures, or is a supplier (within the meaning of the [Building Products (Safety) Act 2017](/view/html/inforce/current/act-2017-069)) of, a building product used for building work.
>
> > (5) The regulations may—
> >
> > > (a) prescribe additional work that is construction work for the purposes of this Part, and
> >
> > > (b) exclude work from being construction work for the purposes of this Part.
>
> > (6) The regulations may exclude persons from being owners for the purposes of this Part.
>
> **s 36:** Am 2021 No 7, Sch 4.6.