BUILDING ACT 2004 - SECT 84 Definitions—pt 6

BUILDING ACT 2004 - SECT 84

In this part:

"actuary", for an approved scheme, does not include a special actuary.

"approval criteria" means the requirements determined under section 99 (Approval criteria for schemes).

"approved scheme" means a fidelity fund scheme approved under section 96.

"builder", in relation to residential building work or a residential building, means the entity stated to be the builder in the commencement notice for the building work or building.

"building" does not include paving or a structure that is a fence, retaining wall, outdoor swimming pool, outdoor ornamental pond, mast, antenna, aerial, advertising device, notice or sign.

"building work" does not include work in relation to the demolition of a whole building.

"complying residential building work insurance" means an insurance policy issued in relation to insurable residential building work that complies with section 90.

"cost", of building work, means the cost of the work as worked out under section 86.

"fidelity certificate", for building work, means a certificate issued for the building work by the trustees of an approved scheme.

"fidelity fund scheme" means a scheme for a building industry fidelity fund established under a trust deed.

"insurable residential building" means a residential building—

        (a)     the residential parts of which (other than a part of the building that is a structurally integral adjunct to the building) are classified as a class 1 or class 2 residential building; and

        (b)     that has no more than 3 storeys at any point, excluding any storey used exclusively for parking.

Examples

1     A building has 2 wings, which are structurally independent of each other. The north wing has 3 storeys including the ground storey. The south wing has 6 storeys including the ground storey. All storeys contain residential units. The north wing is an insurable residential building. The south wing is not an insurable residential building because it is 6 storeys.

2     A building has 2 wings that are dependent on each other for structural support. The north wing has 3 storeys including the ground storey. All storeys contain residential units. The lower 3 storeys of the south wing are structurally integrated with the north wing. A structural instability in any of the lower 3 storeys in the south wing could compromise the structural integrity of both wings of the building. The south wing storeys that are higher than the north wing are structurally independent of the north wing. The north wing of the building is an insurable residential building. The lower 3 storeys of the south wing are an insurable residential building to the extent that they are a structurally integral adjunct to the building as a whole. The upper 3 storeys of the south wing are not an insurable residential building because they are over 3 storeys and not a structurally integral adjunct to the building.

"insurable residential building work "means residential building work in relation to an insurable residential building.

"prudential standards" means the standards determined under section 103.

"residential building "means—

        (a)     a building intended mainly for private residential use; or

        (b)     part of a building mentioned in paragraph (a) (whether or not the part is intended for private residential use) if the part provides structural support, or is a structurally integral adjunct, to the building.

Examples

1     A building has shops on its ground storey and hotel accommodation on its 2nd and 3rd storey. The building is not a residential building because it is not used mainly for private residential use.

2     A 4-storey residence has a parking garage as its ground storey. A structural instability in the garage could compromise the building's structural integrity. The garage is a residential building because it is a part of the building that is a structurally integral adjunct to the building and the building is a residential building.

3     A single storey residence has a garage attached at the side. The roof trusses of the building span across the residence and garage in a single span. A structural instability in the garage could compromise the structural integrity of the roof trusses and, because of that, compromise the structural integrity of the building. The garage is a residential building because it is a part of the building that is a structurally integral adjunct to the building and the building is a residential building.

4     A single storey residence has a garage attached at the side and under the same roofline as the residence. The garage is mainly used for cars and is not for residential use. No structural elements of the residence depend on the garage for structural integrity. A structural instability in the garage could not compromise the structural integrity of the residence. The garage is not a residential building because it is not a structurally integral adjunct to a building intended primarily for residential use. The residence, apart from the garage, is a residential building.

"residential building work" means building work in relation to a residential building.

"special actuary"—see section 122 (Special actuary to investigate liabilities).

"storey" does not include a storey below the ground storey.