Building Act 2004

This Act is the Building Act 2004.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘occupation class—see the Construction Occupations (Licensing) Act 2004, dictionary.’ means that the expression ‘occupation class’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

In this Act:

building work means—

work in relation to the erection, alteration or demolition of a building, and includes disposal of waste materials generated—

by the alteration of a building other than a building excluded under the regulations; or

by the demolition of a building (but not part of the building); or

work in relation to repairs of a structural nature to a building.

Note Building work, for pt 6 (Residential building work—warranties, conditions, insurance etc) does not include work in relation to the demolition of a whole building (see s 84).

The regulations may—

exempt a kind of work from the definition of building work; or

include a kind of work in the definition of building work.

In this Act:

building includes—

a structure on or attached to land; and

an addition to a building; and

a structure attached to a building; and

fixtures; and

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

However, building does not include—

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

a transportable building, mobile home, caravan or similar that—

is not used for long-term habitation; and

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

if on the ground and not inside a building—paving, a driveway or a road; or

a surface-level carpark that is not inside a building; or

a ground treatment; or

vegetation; or

ground excavations or fillings; or

fittings, other than fittings included in a building—

to make the building comply with the building code; or

that cause the building to not comply with the building code; or

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

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.

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

In this Act:

site work is development that is—

building work; and

work other than building work that—

physically affects the place (the building site) where the building work is being carried out; and

if not carried out at the building site, is carried out near, and connected with, the building site.

Examples of site work

1 putting up temporary fencing to protect trees growing on a road verge

2 building a house

3 damaging or removing a significant tree

4 laying paving for driveways and parking areas

In this Act:

structure includes—

a fence, retaining wall, swimming pool, ornamental pond, mast, antenna, aerial, advertising device, notice or sign; and

a thing prescribed under the regulations as a structure.

However, structure does not include something that is part of a machine or mechanical plant unless it is—

part of something classified as a building or structure by the building code; or

prescribed under the regulations for this section.

In this Act:

specialist building work—

means—

the installation of a swimming pool; or

the demolition of a building; and

includes building work prescribed under the regulations as specialist building work.

In this Act:

basic building work—

means the following building work:

erecting a prefabricated class 10a building;

erecting a class 10a outbuilding;

installing fireplaces or solid-fuel heaters;

non-structural work; but

does not include specialist building work.

In subsection (1):

non-structural work—

means work on a part of a building that does not, or is not intended to, carry a structural load imposed or transmitted by another part of a building; and

includes work on non-load bearing walls, doors, partitioning, reticulated pipework, ventilation ductwork and building fit-out items; but

does not include the following work:

work that may affect the structural integrity of a structural element of a building, or weaken or remove, completely or partly, the structural element, if the element is installed in a way that it carries, or can carry, a load of part of a building;

work that involves the use of a structural element to carry, or to possibly carry, a structural load of part of a building.

Example for par (c) (i) work that affects the existing bracing beams on a multi-storey car park if the bracing beams are designed to bear wind load, even though most of the time they do not carry any load

Examples for par (c) (ii)

1 the installation of a new storey on a building

2 underpinning a subsiding building

The regulations may—

exempt a kind of work from the definition of basic building work; or

include a kind of work in the definition of basic building work.

For this Act, work disturbs friable asbestos if the work increases, or may significantly increase, the risk of the dispersal of asbestos fibres into the air.

This Act does not affect the operation of any other law in force in the ACT relating to land use or to the provision of services for a building.

Example of related laws not affected

Electricity Safety Act 1971

Scaffolding and Lifts Act 1912

Utilities Act 2000

Water and Sewerage Act 2000