5A. Deviations from approved building plans

Terms defined in this Act

• accredited checker

  accredited checker

  Defined · s 2

  “accredited checker” means a person who is registered as an accredited checker under section 16, whether acting on his or her own behalf or on behalf of an accredited checking organisation;

  Open s 2
• amended plans

  amended plans

  Defined · s 2

  “amended plans” means plans showing any deviation from, or any amendment or addition to, any plans of building works approved or deemed approved under section 5(3) or 5AA(1);

  Open s 2
• builder

  builder

  Defined · s 2

  “builder” means any person who undertakes, whether exclusively or in conjunction with any other business, to carry out any building works for the person’s own account or for or on behalf of another person but does not include a sub-contractor in relation to those building works;

  Open s 2
• building

  building

  Defined · s 2

  “building” means any permanent or temporary building or structure and includes —(a)a hut, shed or roofed enclosure;(b)an earth retaining or stabilising structure, whether permanent or temporary;(c)a dock, wharf or jetty;(ca)a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that —(i)is or is to be supported by water;(ii)is not intended for or useable in navigation; and(iii)is or is to be permanently moored;(d)a culvert, crossing, bridge, underpass or tunnel;(da)a fixed installation;(e)a sewage treatment plant, sewer, drain, swimming pool or any non‑proprietary type of concrete tank for the storage of any solid, liquid or gaseous product;(f)a shelter provided under the Civil Defence Shelter Act 1997; and(g)such other erection or structure (whether permanent or temporary) as the Minister may, by order in the Gazette, declare to be a building;

  Open s 2
• building regulations

  building regulations

  Defined · s 2

  “building regulations” means any regulations made under section 49;

  Open s 2
• building works

  building works

  Defined · s 2

  “building works” means —(a)the erection, extension or demolition of a building;(b)the alteration, addition or repair of a building;(c)the provision, extension or alteration of any air conditioning service or ventilating system in or in connection with a building,and includes any fixed installation works, and any site formation works connected with or carried out for the purpose of paragraph (a), (b) or (c);

  Open s 2
• Commissioner of Building Control

  Commissioner of Building Control

  Defined · s 2

  “Commissioner of Building Control”, in relation to this Act or any Part or provision of this Act, means any Commissioner of Building Control appointed under section 3(1) to be responsible for the operation of this Act or that Part or provision, as the case may be;

  Open s 2
• developer

  developer

  Defined · s 2

  “developer”, in relation to any building works, means the person for whom or on whose behalf the building works are carried out;

  Open s 2
• geotechnical aspects

  geotechnical aspects

  Defined · s 2

  “geotechnical aspects”, in relation to any geotechnical building works, means —(a)an analysis of the geological structure and earth materials of the site of the geotechnical building works and its influence on the geotechnical building works;(b)an analysis of the ground water regime and its influence on the wall stability and integrity of the geotechnical building works over time; and(c)such other applications of earth sciences to and engineering aspects of the geotechnical building works as may be prescribed;

  Open s 2
• geotechnical building works

  geotechnical building works

  Defined · s 2

  “geotechnical building works” means any of the following building works: (a)any excavation or other building works to make —(i)a tunnel with a diameter, width or height of more than 2 metres; or(ii)a caisson, cofferdam, trench, ditch, shaft or well with a depth of more than 6 metres; (b)any building works for constructing, altering or repairing any earth retaining structure in or for a trench, ditch, shaft or well with a depth or height of more than 6 metres; (c)any earthworks or other building works for constructing or stabilising a slope with a height of more than 6 metres (measured as the vertical distance between the highest level and lowest level of the slope);(d)any type of foundation works that the Minister may prescribe in the building regulations for buildings of 30 storeys or more;

  Open s 2
• geotechnical engineer

  geotechnical engineer

  Defined · s 2

  “geotechnical engineer” means a professional engineer who is registered under the Professional Engineers Act 1991 as a specialist professional engineer in the specialised branch of geotechnical engineering;

  Open s 2
• key structural elements

  key structural elements

  Defined · s 2

  “key structural elements” means the foundations, columns, beams, shear cores, structural walls, struts, ground anchors and any other parts of a building which are essential for its support and overall structural stability;

  Open s 2
• major building works

  major building works

  Defined · s 2

  “major building works” means building works other than minor building works;

  Open s 2
• prescribed

  prescribed

  Defined · s 29A

  “prescribed” means prescribed in the regulations made under section 29L.

  Open s 29A
• qualified person

  qualified person

  Defined · s 2

  “qualified person” means a person who is registered as —(a)an architect under the Architects Act 1991 and has in force a practising certificate issued under that Act; or(b)a professional engineer under the Professional Engineers Act 1991 and has in force a practising certificate issued under that Act;

  Open s 2
• specialist accredited checker

  specialist accredited checker

  Defined · s 2

  “specialist accredited checker” means an accredited checker who is registered under section 16 to undertake the work of an accredited checker as regards the geotechnical aspects of any geotechnical building works;

  Open s 2