47Meaning of serious defect

47 Meaning of serious defect (1) In this Act: serious defect, in relation to a building, means— (a) a defect in a building element that is attributable to a failure to comply with a performance requirement of the building code, the relevant Australian Standards or the relevant approved plans for the building work; or (b) a defect in a building product or building element that— (i) is attributable to defective design, defective work or defective materials; and (ii) causes or is likely to cause— (A) the inability to live in or use any part of the building for its intended purpose; or (B) the destruction of any part of the building; or (C) a threat of collapse of any part of the building; or (c) a thing prescribed by regulation. above grade wall, in relation to a building, means a wall above the level of the ground surrounding the building. approved plans—see the Building Act 2004, dictionary. below grade wall, in relation to a building, means a wall below the level of the ground surrounding the building. building element, in relation to a building— (a) means any of the following: (i) the fire safety systems for the building within the meaning of the building code;

(ii) waterproofing of the building; (iii) an internal or external load-bearing component of the building that is essential to the stability of the building, or a part of it, including in-ground and other foundations and footings, floors, walls, roofs, columns and beams; (iv) a component of the building that is part of the building enclosure; (v) those aspects of the mechanical, plumbing and electrical services for the building that are required to achieve compliance with the building code; (vi) a thing prescribed by regulation; but (b) does not include a thing excluded by regulation. building enclosure, in relation to a building, means the part of the building that physically separates the interior environment of the building from the exterior environment, including roof systems, above grade and below grade walls (including windows and doors). building product means any product, material or other thing that is, or could be, used in a building.