14.Section 3 sets out the meaning of “building” for the purposes of section 2. The purpose of this section is to identify the parameters of the “building” that needs to be considered when deciding whether that building meets the criteria for being a “regulated building”. If that building does meet the criteria for being a “regulated building” it will subsequently be categorised under section 6 into one of three categories.
15.Subsection (2) provides that in the case of a structure that is not attached to any other structure, that structure is a “building” for the purposes of section 2. However, this is subject to whether the structure contains any independent parts. If the structure contains any independent parts, each independent part is a “building” for the purposes of section 2 (subsections (4) and (5)).
16.Subsection (3) provides for the case of structures that are attached to each other. The set of structures is a “building” for the purposes of section 2, including parts that attach them to each other. However, this is subject to whether the set of structures contains any independent parts. If the set contains any independent parts, each independent part is a “building” for the purposes of section 2 (subsections (4) and (5)).
17.For example, in the case of a complex development of structures spanning a large area, so long as the structures are attached, the structures and the constructions attaching them are together a “building” at first sight. However, it is then necessary to consider the set of structures to decide if any parts of it meet the criteria for being an independent part. The criteria for being an independent part are set out in section 4.
18.It is possible for a structure or a set of structures to have more than one “building” within it for the purposes of section 2.
19.Subsection (6) sets out the meaning of “structure” for the purposes of this section i.e. a roofed construction with walls. A construction with walls and a roof is still a “structure” even if it includes parts that do not have a roof or walls (for example, a walkway that does not have a roof).
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Regulated buildings, residential units and categories of building Section 3 - Meaning of “building”