What is Building Work-Building

Sections 7, 8 and 9, Building Act 2004
What is building work?
Under the Building Act 2004, “building work” is:
  • any work connected with the construction, design, alteration, demolition, or removal of a building
  • sitework or preparatory work related to construction
  • work on an allotment that affects other buildings compliance with the Building Code

Some Energy Work, (also known as gas fitting or prescribed electrical work), is also captured under Building Code and Building Act rules.

This definition of “building work” is further informed by the case law.

For example, the manufacture or supply of building products is not considered to be “building work” (see Minister of Education v Carter Holt Harvey Ltd). The term “building work” is intended to refer to specific work on specific sites.
Empty space, drag to resize
Contrast this again with the case of Deeming v EIG-ANSVAR where a geotechnical report that was obtained for a subdivision was not considered “building work”, as it did not relate to the construction of any particular building.

Importantly, the definition of what is and is not a “building” informs the meaning of “building work” for the purposes of the Act.

What is a building?
The term “building” is specifically defined within the Building Act 2004.

Section 8 of the Act defines a “building” as “a temporary or permanent, movable or immovable, structure, including a structure intended for occupation by people, animals, machinery, or chattels.”

It also includes:
  • Mechanical, electrical, or other similar systems
  • Residential pool fencing barriers (but not small heated pool covers) 
  • Vehicles that are immovable and are occupied by people on a permanent or long-term basis (Also see Tiny Homes and Relocatables)
  • Large mast poles or telecommunication aerials on buildings 
  • Moving and non-moving parts of a cable car attached to/ servicing a building
  • Complexes of two or more buildings.


Section 9 provides a list of things that are not considered “buildings” under the Act.

This includes; 
  • Network Utility Operator systems
  • Free standing communication tower
  • Cranes
  • Vessels 
  • Aircraft Oil-rigs
  • Containers
  • Falsework/scaffolding 
  • Ski-lifts
  • Other stand-alone machinery systems (excluding cable cars)


Otherwise, what is and is not a “building” is largely informed by MBIE Determinations and the case law.

Take for example, the case of Christchurch City Council v Smith Crane & Construction Ltd, where it was found that there was not a requirement for the structure to be fixed to the ground in order to be considered a building. 

Similarly, in MBIE Determination 2016/002, a concrete slab driveway was not a “building” as it was not considered a “structure” owing to its lack of complexity.

For tiny homes or structures on trailers, there is a complex mix of case law and Determinations that inform what is a “vehicle” and what is a “building” for the purposes of the Act.

Questions about the structure such as:
  • Is it immoveable?
  • Is there long-term occupancy?
  • Does it have common vehicle features (lights, brakes, suspension)?
  • Is it connected to site services (water, power)?
  • Would anything have to be deconstructed in order to move the structure?


As the case of Dall v Chief Executive of MBIE demonstrates, one cannot “simply add wheels to a structure in an attempt to avoid the application of the Building Act”.
Empty space, drag to resize

Case Law

Thompson v Battersby, HC Auckland CIV-2007-404-676, 8 June 2007
  • This case involved a restrictive covenant that barred any building being constructed beyond a certain line and whether a wall or deck was a building.


Woodward v Astrograss Allweather Surfaces Ltd, HC Auckland HC112/96, 25 November 1996
  • This case concerned a situation where a Building Permit had not been issued specifically in relation to the concrete slab forming the underlay of an astrograss tennis court, subsequently the appellant declined to pay the costs involved.


Minister of Education v Carter Holt Harvey Ltd [2014] NZHC 681
  • These were proceedings against proceedings against manufacturers alleging that the cladding sheets and cladding systems in various schools were defective and subject to weathertightness failures.


Christchurch City Council v Smith Crane & Construction Ltd, DC Christchurch CRI-2009-009-12480, 19 February 2010
  • This case contains discussion on what is a building, including whether it must be fixed to the ground.


Dall v Chief Executive of Ministry of Business, Innovation and Employment [2020] NZDC 2612
  • This case dealt with a tiny house, and discussed whether it was a vehicle under the Act.


Thames-Coromandel District Council v Te Puru Holiday Park Ltd [2010] NZCA 633
  • This case concerns “trailerised recreational and accommodation units”, and asks the question of whether the units were immovable and occupied by people on a permanent basis in order to help determine their status as buildings.


Marlborough District Council v Bilsborough [2020] NZDC 9962.
  • This case examines the status of a Tiny House as a building or vehicle. Distinguishes the case of Dall v MBIE [2020]


Antoun v Hutt City Council [2020] NZEnvC 6, (2020) 21 ELRNZ 595
  • This was a Tiny House case that examines the role that wheels, axles and vehicle registration play in determining what is a vehicle and what is a building.


Weaver v HML Nominees Ltd [2014] NZHC 2073
  • This case discusses the definitions of building work and design work respectively.


Auckland Council v Liaw [2017] NZDC 13532
  • This case examines whether building work (including prefabrication work) conducted offshore was ‘building work’ by the definition in s 7.


Carter Holt Harvey Ltd v Genesis Power Ltd (No 8) HC Auckland CIV-2001-404-1974, 29 August 2008.
  • This case concerns whether manufacture and supply of cladding can be held to be building work.


Kwak v Park [2016] NZHC 530
  • This case considered whether the signing of a producer statement relating to the construction of a building is “building work”


Deeming v EIG-ANSVAR [2013] NZHC 955
  • This case examines whether it is correct to view geotechnical reports as “building work”.


Empty space, drag to resize

Most Recent Determinations

2022/001: The authority's proposal to issue a notice to fix and whether a unit is a vehicle or a building, 1 March 2022.
  • Building work carried out without first obtaining building consent. Whether a “transportable unit” fell outside of the scope of the definition of “building” in the Act.


2021/022: Regarding two notices to fix and whether work carried out is building work, 30 September 2021
  • Notices to fix for construction of something that the owner claims was not a building, whether the construction was of a vehicle or building.