Building Act 2011

In this Act, unless the contrary intention appears —

adult means a person who has reached 18 years of age, and in the absence of positive evidence as to age, means a person who is apparently 18 or more years of age;

adversely affect land includes —

applicable building standard, in a provision, means a building standard that is prescribed as an applicable building standard for the purposes of the provision in respect of a kind of building, incidental structure, building or demolition work or application to which the provision relates;

applicable certificate of design compliance, in relation to a building permit, means the certificate of design compliance —

as is relevant in the case;

approved, in relation to the manner or form of something, means approved —

authorised person means a person designated under section 96 as an authorised person and includes, for the purposes of section 93(2)(d) —

authority under a written law includes an approval, licence, registration, right, permit or exemption granted under a written law;

building includes a part of a building;

building approval certificate means a building approval certificate granted on an application of a kind mentioned in Part 4 Division 2;

Building Commissioner has the meaning given in the Building Services (Complaint Resolution and Administration) Act 2011 section 3;

building order means an order made under section 110(1);

building order (emergency) means a building order made in the circumstances mentioned in section 111(2);

building permit means a permit granted under section 20;

building service contractor has the meaning given in the Registration Act section 3;

building standard means a prescribed requirement in relation to the technical aspects of the construction or demolition of a building or an incidental structure;

building surveyor means a building service practitioner, as defined in the Registration Act section 3, who is registered in a class of building service practitioner that is prescribed for the purposes of this definition;

building work means —

or

but does not include work of a kind prescribed for the purposes of this definition as not being building work;

classification, in relation to a building or incidental structure, means the classification of the building or incidental structure under the regulations;

commencement day means the day on which section 9 comes into operation;

Crown land has the meaning given in the Land Administration Act 1997 section 3(1);

demolition permit means a permit granted under section 21;

demolition work means —

but does not include work of a kind prescribed for the purposes of this definition as not being demolition work;

incidental structure means a structure attached to or incidental to a building and includes —

independent building surveyor has the meaning given in section 4;

land includes a lot as defined in the Community Titles Act 2018 section 3(1) or the Strata Titles Act 1985 section 3(1);

Minister for Lands means the Minister as defined in the Land Administration Act 1997 section 3(1);

occupancy permit means an occupancy permit granted or modified on an application of a kind mentioned in Part 4 Division 2;

owner has the meaning given in section 5;

permit authority for a building or permit authority for an incidental structure has the meaning given in section 6;

prescribed means prescribed by regulation;

Registration Act means the Building Services (Registration) Act 2011;

specialist, in relation to a technical certificate, means a person who belongs to a class of persons prescribed as persons who can sign the technical certificate for the purposes of this Act;

strata lease has the meaning given in the Strata Titles Act 1985;

survey means a survey for the purpose of recording the condition of land including the existing cracks and defects in a building or structure on the land;

technical certificate means a certificate in relation to a specific building standard applicable to, or any other technical aspect of, the construction or demolition of a building or incidental structure that is the subject of an application for a building permit, demolition permit, occupancy permit or building approval certificate.

[Section 3 amended: No. 37 of 2012 s. 4 and 33; No. 30 of 2018 s. 121; No. 32 of 2018 s. 192.]