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Building Act 2004

Preliminary provisions - Interpretation - Meaning of building

8: Building: what it means and includes

You could also call this:

“A building is any structure, including things attached to it, that people or animals can use or live in.”

In this law, a building means more than just a house. It can be any structure that doesn’t move or can be moved, whether it’s meant for people, animals, machines, or things to be inside. This includes systems like electrical or mechanical ones that are part of the building and required by the building code.

A building can also be something that stops people from getting into a residential pool. Even some vehicles that don’t move and where people live for a long time can be considered buildings.

Tall poles or aerials on buildings that are more than 7 metres high are also counted as part of the building, but satellite dishes less than 2 metres wide are not.

Sometimes, two or more buildings that are meant to be managed together as one building with the same use and ownership are treated as a single building.

Parts of a cable car that don’t move but are attached to a building are included in the definition. After 30 March 2008, even the moving parts of a cable car attached to a building are considered part of the building.

This definition is used for certain parts of the law, like when you need a building consent or a code compliance certificate. Remember, there are some exceptions to this definition, which you can find in section 9 of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306318.

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7: Interpretation, or

“This section explains the meaning of important words and terms used in the law about buildings and construction”

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9: Building: what it does not include, or

“Things that are not counted as buildings under the law, like power poles, cranes, boats, and scaffolding.”

Part 1 Preliminary provisions
Interpretation: Meaning of building

8Building: what it means and includes

  1. In this Act, unless the context otherwise requires, building—

  2. means a temporary or permanent movable or immovable structure (including a structure intended for occupation by people, animals, machinery, or chattels); and
    1. includes—
      1. a mechanical, electrical, or other system; and
        1. any means of restricting or preventing access to a residential pool; and
          1. a vehicle or motor vehicle (including a vehicle or motor vehicle as defined in section 2(1) of the Land Transport Act 1998) that is immovable and is occupied by people on a permanent or long-term basis; and
            1. a mast pole or a telecommunication aerial that is on, or forms part of, a building and that is more than 7 m in height above the point of its attachment or base support (except a dish aerial that is less than 2 m wide); and
            2. includes any 2 or more buildings that, on completion of building work, are intended to be managed as one building with a common use and a common set of ownership arrangements; and
              1. includes the non-moving parts of a cable car attached to or servicing a building; and
                1. after 30 March 2008, includes the moving parts of a cable car attached to or servicing a building.

                  1. Subsection (1)(b)(i) only applies if—

                  2. the mechanical, electrical, or other system is attached to the structure referred to in subsection (1)(a); and
                    1. the system—
                      1. is required by the building code; or
                        1. if installed, is required to comply with the building code.

                        2. Subsection (1)(c) only applies in relation to—

                        3. subpart 2 of Part 2; and
                          1. a building consent; and
                            1. a code compliance certificate; and
                              1. a compliance schedule.

                                1. This section is subject to section 9.

                                Compare
                                  Notes
                                  • Section 8(1)(b)(ii): replaced, on , by section 6 of the Building (Pools) Amendment Act 2016 (2016 No 71).
                                  • Section 8(1)(c): replaced, on , by section 4 of the Building Amendment Act 2005 (2005 No 31).
                                  • Section 8(1)(d): inserted, on , by section 4 of the Building Amendment Act 2005 (2005 No 31).
                                  • Section 8(1)(e): inserted, on , by section 4 of the Building Amendment Act 2005 (2005 No 31).