Building Act 2004

9 Building: what it does not include

In this Act, building does not include—

(a)

a NUO system, or part of a NUO system, that—

(i)

is external to the building; and

(ii)

is connected to, or is intended to be connected to, the building to provide for the successful functioning of the NUO system in accordance with the system’s intended design and purpose; and

(iii)

is not a mast pole or a telecommunication aerial that is on, or forms part of, a building; or

(ab)

a pylon, free-standing communication tower, power pole, or telephone pole that is a NUO system or part of a NUO system; or

(ac)

security fences, oil interception and containment systems, wind turbines, gantries, and similar machinery and other structures (excluding dams) not intended to be occupied that are part of, or related to, a NUO system; or

(b)

cranes (including any cranes as defined in regulations made under the Health and Safety at Work Act 2015); or

(c)

any of the following, whether or not incorporated within another structure:

(i)

ski tows:

(ii)

other similar stand-alone machinery systems; or

(d)

any description of vessel, boat, ferry, or craft used in navigation—

(i)

whether or not it has a means of propulsion; and

(ii)

regardless of what that means of propulsion is; or

(e)

aircraft (including any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth); or

(f)

any offshore installation (as defined in section 222 of the Maritime Transport Act 1994) to be used for petroleum mining; or

(g)

containers as defined in regulations made under the Health and Safety at Work Act 2015; or

(h)

magazines as defined in regulations made under the Health and Safety at Work Act 2015; or

(i)

scaffolding used in the course of the construction process; or

(j)

falsework.

Compare: 1991 No 150 s 3

Section 9(ab): inserted, on 15 March 2008, by section 7 of the Building Amendment Act 2008 (2008 No 4).

Section 9(ac): inserted, on 13 March 2012, by section 8 of the Building Amendment Act 2012 (2012 No 23).

Section 9(b): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 9(g): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 9(h): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).