3Definitions

#### 3 Definitions 3 Definitions > > (1) In this Act— > > > > approved plans, in relation to building work, means the following— > > > > > (a) approved plans and specifications issued with respect to a construction certificate or complying development certificate for the building work under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), together with any variations to those plans and specifications for the purposes of those certificates effected or approved in accordance with that Act, > > > > > (b) regulated designs under the [Design and Building Practitioners Act 2020](/view/html/inforce/current/act-2020-007), > > > > > (c) any other plans prescribed by the regulations for the purposes of this definition. > > > > Building Code of Australia has the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203). > > > > Building Commissioner means the Building Commissioner referred to in section 61. > > > > building element has the same meaning as in the [Design and Building Practitioners Act 2020](/view/html/inforce/current/act-2020-007), and includes any element of a building that is prescribed by the regulations for the purposes of this definition. > > > > building product means any product, material or other thing that is, or could be, used in a building. > > > > building work—see section 5. > > > > building work rectification order—see section 33. > > > > class of building means a building of that class as recognised by the Building Code of Australia. > > > > completion, in relation to building work, means the date that the occupation certificate for the building or part of a building to which the building work relates was issued. > > > > Department means the department in which this Act is administered. > > > > developer—see section 4. > > > > expected completion amendment notice—see section 8. > > > > expected completion notice—see section 7. > > > > expected date—see section 7(2). > > > > function includes a power, authority or duty, and exercise a function includes perform a duty. > > > > occupation certificate means an occupation certificate issued under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203). > > > > owners corporation for a strata scheme means the owners corporation for the strata scheme constituted under the [Strata Schemes Management Act 2015](/view/html/inforce/current/act-2015-050). > > > > prohibition order—see section 9. > > > > rectification bond—see section 28. > > > > residential apartment building means a class 2 building within the meaning of the Building Code of Australia, and includes any building containing a part that is classified as a class 2 component, but does not include any building or part of a building excluded from this definition by the regulations. > > > > Secretary means the Secretary of the Department. > > > > serious defect, in relation to a building, means— > > > > > (a) a defect in a building element that is attributable to a failure to comply with the performance requirements of the Building Code of Australia, the relevant Australian Standards or the relevant approved plans, or > > > > > (b) a defect in a building product or building element that— > > > > > > > (i) is attributable to defective design, defective or faulty workmanship or defective materials, and > > > > > > > (ii) causes or is likely to cause— > > > > > > > > > (A) the inability to inhabit or use the building (or part of the building) for its intended purpose, or > > > > > > > > > (B) the destruction of the building or any part of the building, or > > > > > > > > > (C) a threat of collapse of the building or any part of the building, or > > > > > (c) a defect of a kind that is prescribed by the regulations as a serious defect, or > > > > > (d) the use of a building product (within the meaning of the [Building Products (Safety) Act 2017](/view/html/inforce/current/act-2017-069)) in contravention of that Act. > > > > stop work order—see section 29. > > > > strata building means a building containing a lot or part of a lot that is the subject of a strata scheme. > > > > strata plan has the same meaning as in the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051). > > > > strata scheme has the same meaning as in the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051). > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) Notes included in this Act do not form part of this Act. > > **s 3:** Am 2021 No 23, Sch 1.12\[1\]; 2024 No 53, Sch 3.8.