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BUILDING AND CONSTRUCTION INDUSTRY (IMPROVING PRODUCTIVITY) ACT 2016 (NO. 87, 2016) - SECT 6

Meaning of building work

             (1)  Subject to subsections (3), (4) and (5), building work means any of the following activities:

                     (a)  the construction, alteration, extension, restoration, repair, demolition or dismantling of buildings, structures or works that form, or are to form, part of land, whether or not the buildings, structures or works are permanent;

                     (b)  the construction, alteration, extension, restoration, repair, demolition or dismantling of railways (not including rolling stock) or docks;

                     (c)  the installation in any building, structure or works of fittings forming, or to form, part of land, including heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, water supply, fire protection, security and communications systems;

                     (d)  any operation that is part of, or is preparatory to, or is for rendering complete, work covered by paragraph (a), (b) or (c), for example:

                              (i)  site clearance, earth-moving, excavation, tunnelling and boring; or

                             (ii)  the laying of foundations; or

                            (iii)  the erection, maintenance or dismantling of scaffolding; or

                            (iv)  the prefabrication of made-to-order components to form part of any building, structure or works, whether carried out on-site or off-site; or

                             (v)  site restoration, landscaping and the provision of roadways and other access works;

                     (e)  transporting or supplying goods, to be used in work covered by paragraph (a), (b), (c) or (d), directly to building sites (including any resources platform) where that work is being or may be performed;

but does not include any of the following:

                      (f)  the drilling for, or extraction of, oil or natural gas;

                     (g)  the extraction (whether by underground or surface working) of minerals, including tunnelling or boring, or constructing underground works, for that purpose;

                     (h)  any work that is part of a project for:

                              (i)  the construction, repair or restoration of a single dwelling-house; or

                             (ii)  the construction, repair or restoration of any building, structure or work associated with a single dwelling-house; or

                            (iii)  the alteration or extension of a single dwelling-house, if it remains a single dwelling-house after the alteration or extension.

             (2)  To avoid doubt, paragraphs (1)(f) and (g) do not prevent this Act from applying to building work (within the meaning of paragraphs (1)(a) to (e)) that is performed on land in which there is an interest relating to the mining of oil, gas or minerals.

Note:          This Act extends to any resources platform, and to certain ships, in the exclusive economic zone or in the waters above the continental shelf (see section 11).

             (3)  Paragraph (1)(h) does not apply if the project is part of a multi-dwelling development that consists of, or includes, the construction of at least 5 single dwelling-houses.

             (4)  Subject to subsection (5), building work includes any activity that is prescribed by the rules for the purposes of this subsection.

             (5)  Building work does not include any activity that is prescribed by the rules for the purposes of this subsection.

             (6)  In this Act:

"land " includes land beneath water.



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