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BUILDING AND CONSTRUCTION LEGISLATION AMENDMENT ACT 2016 (NO. 44 OF 2016) - SECT 18

Section 84, new definitions

insert

"insurable residential building" means a residential building

        (a)     the residential parts of which (other than a part of the building that is a structurally integral adjunct to the building) are classified as a class 1 or class 2 residential building; and

        (b)     that has no more than 3 storeys at any point, excluding any storey used exclusively for parking.

Examples

1     A building has 2 wings, which are structurally independent of each other. The north wing has 3 storeys including the ground storey. The south wing has 6 storeys including the ground storey. All storeys contain residential units. The north wing is an insurable residential building. The south wing is not an insurable residential building because it is 6 storeys.

2     A building has 2 wings that are dependent on each other for structural support. The north wing has 3 storeys including the ground storey. All storeys contain residential units. The lower 3 storeys of the south wing are structurally integrated with the north wing. A structural instability in any of the lower 3 storeys in the south wing could compromise the structural integrity of both wings of the building. The south wing storeys that are higher than the north wing are structurally independent of the north wing. The north wing of the building is an insurable residential building. The lower 3 storeys of the south wing are an insurable residential building to the extent that they are a structurally integral adjunct to the building as a whole. The upper 3 storeys of the south wing are not an insurable residential building because they are over 3 storeys and not a structurally integral adjunct to the building.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

"insurable residential building work "means residential building work in relation to an insurable residential building.



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