Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) In this Act:
"building" includes—
(a) a structure on or attached to land; and
(b) an addition to a building; and
(c) a structure attached to a building; and
(d) fixtures; and
(e) part of a building, whether the building is completed or not.
Example of part of building
footings poured for a building that is being built
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) However, "building" does not include—
(a) a vehicle or craft that is not used or adapted for use as a class of building or structure classified under the building code; or
(b) a transportable building, mobile home, caravan or similar that—
(i) is not used for long-term habitation; and
(ii) is readily transportable without being disassembled or removed from associated components including a footing, pier, stump, rigid annexe or an attached building or similar; or
(c) if on the ground and not inside a building—paving, a driveway or a road; or
(d) a surface-level carpark that is not inside a building; or
(e) a ground treatment; or
(f) vegetation; or
(g) ground excavations or fillings; or
(h) fittings, other than fittings included in a building—
(i) to make the building comply with the building code; or
(ii) that cause the building to not comply with the building code; or
(i) fixtures that are not integral to the building, but are fixed to the building to prevent theft or for some other reason not related to the building; or
(j) something exempted under the regulations.
Examples—par (h)
1 An existing house was built when there was no requirement for the house to satisfy any energy efficiency requirements or thermal insulation requirements. Bulk thermal insulation batts are included in an extension to the house to comply with the building code's energy efficiency provisions which apply to the extension. The opportunity is taken to include batts in the ceiling of the existing house. The batts sit loosely on the ceiling and are not fixed to the building.
The batts are part of the extension, because they are regulated under the building code for the extension. However, they are not part of the existing house, because they are not fixtures, and are not regulated under the building code in relation to the existing house, unless they are needed in the existing house to make the extension comply with the building code.
2 Some light fittings in an office building are fitted with energy efficient lamps to comply with the energy efficiency provisions of the building code. The lamps are part of the building. However, other lamps that are not relied on to comply with the building code are not part of the building unless another provision brings them within the definition of building for the Act.
3 An office building has cubicles that are not fixed to the building. The cubicles have partition walls, are part of the fit-out for the building and are shown in the building approval. Some cubicles are placed where they obstruct a fire evacuation path in a way that prevents compliance with the building code. Those cubicles are part of the building. The others are not unless another provision brings them within the definition of building for the Act.
4 A warehouse is being extended. The warehouse stores furniture. Some partitions for cubicles stored in the warehouse impede fire evacuation paths relied on for the extension to comply with the fire evacuation provisions of the building code. The partitions cause the extension to not comply with the building code. The partitions are stored goods and not fittings, so they are not part of the building unless another provision of the Act brings them within the definition of building for the Act.
5 An apartment building has a surface-level carpark, part of which is below the apartments and part of which is adjacent to the building with no building above, below or within it. The part of the surface-level carpark below the apartments is part of the building or a separate building, depending on the building code. The other part of the carpark is not part of the building unless another provision of the Act brings it within the definition of building for the Act.
6 A concrete floor slab for a home is being poured together with a floor slab for a garage and a surface-level driveway to the garage. The floor slabs are parts of the building. The surface-level driveway is not part of the building unless another provision of the Act brings it within the definition of building for the Act.
(3) To remove any doubt, something is not excluded from the definition of building only because it is temporary or novel.
Example
a building used in connection with a fair, circus, carnival, celebration, market, show, concert, display, exhibition, competition, training event, recreational event or publicity event is not excluded on the basis of its temporary or novel nature