What is the Definition of a "Building"?

Modified on Wed, 19 Jun at 8:47 AM

Building definition

Building for the purposes of the higher-risk regime is defined in regulation 4 of the Regulations. The diagrams in this section will help you determine how regulation 4 applies to your building.

Diagram 1 shows one seven storey residential tower (tower 1A).

Tower 1A is:

not attached to any other structure; and
does not have anything within the overall structure which could be considered an independent section

Tower 1A is one building.

Diagram 2 shows one seven storey residential tower (tower 2A) with a separated gym on the ground floor (section 2B).
Tower A has:

its own entrance and exit to the outside, accessible from anywhere within tower A; and
no access to another section within the overall structure.

Tower 2A (excluding section 2B) is an independent section and considered a ‘building’ for the higher-risk regime.

Diagram 3 shows one eight storey residential tower (tower 3A) with a function room / commercial cafe on the 6th floor of the tower (area 3B). Tower A has:

its own entrance and exit to the outside, accessible from anywhere within tower 3A; and
no access to any other section of the overall structure. Although tower 3A has access to area 3B, area 3B cannot reasonably be considered a separate section as it relies on tower 3A for egress.

As there are no independent sections in this building tower 3A and area 3B are considered one building.

Diagram 4 shows two seven storey residential towers (tower 4A and tower 4B) attached by a party wall and basement car park. Tower 4A has:

its own entrance and exit to the outside, accessible from anywhere within tower 4A; and
access to another section within the overall structure which does not contain a residential unit (the basement carpark).

Tower 4A is an independent section and considered a ‘building’ for the higher-risk regime.

The same assessment applies to tower 4B; it is an independent section and considered a ‘building’ for the higher-risk regime.

Diagram 4 shows two seven storey residential towers (tower 4A and tower 4B) attached by a party wall and basement car park. Tower 4A has:

its own entrance and exit to the outside, accessible from anywhere within tower 4A; and
access to another section within the overall structure which does not contain a residential unit (the basement carpark).

Tower 4A is an independent section and considered a ‘building’ for the higher-risk regime.

The same assessment applies to tower 4B; it is an independent section and considered a ‘building’ for the higher-risk regime.

Diagram 5 shows two seven-storey residential towers (tower 5A and tower 5B) attached by a party wall, with access to move between them and a third seven-storey residential tower (tower 5C) attached to tower 5B via walkways.

Tower 5A has:

access to another section within the overall structure which contains a residential unit (tower 5B).

Tower 5B has:
access to another section (in this case two sections) within the overall structure which contains a residential unit (tower 5A and tower 5C)

Tower 5C has:
access to another section within the overall structure which contains a residential unit (tower 5B). This is because the walkways attaching tower 5B and tower 5C cannot be considered separate sections as they do not have their own egress outside.

Tower 5A, 5B and 5C cannot be considered independent sections, therefore the overall structure is considered a ‘building’ for the higher-risk regime.

Diagram 6 shows one seven storey residential tower (tower 6A) and one five storey residential tower (tower 6B) attached by a shared basement carpark and a second seven storey residential tower (tower 6C) attached to tower 6B via a walkway. Tower 6A has:

its own entrance and exit to the outside, accessible from anywhere within tower 6A; and
access to another section within the overall structure which does not contain a residential unit (the basement carpark).

Tower 6A is an independent section and considered a ‘building’ for the higher-risk regime.

Tower 6B has:

its own entrance and exit to the outside, accessible from anywhere within tower 6B; and
access to another section within the overall structure which does not contain a residential unit (the basement carpark and the walkway). The basement and walkway can be considered sections as they are used for a different purpose than the towers and have their own egress outside.

Tower 6B is an independent section and considered a ‘building’ for the higher-risk regime, however, as tower 6B does not meet the storey threshold it is not a higher-risk building (see section on measuring height and counting storeys for more detail on height thresholds).

Tower 6C has:

its own entrance and exit to the outside, accessible from anywhere within tower 6C; and
access to another section within the overall structure which does not contain a residential unit (the walkway). The walkway can be considered a section as it is used for a different purpose than the towers and has its own egress outside.

Tower 6C is an independent section and considered a ‘building’ for the higher-risk regime.

Diagram 7 shows four seven storey residential towers on a shared podium.
Tower 7A and tower 7B are attached by a party wall, with maintenance access between them. Tower 7C and tower 7D are attached by a party wall, with access regularly used by residents between them.

Tower 7A has:

its own entrance and exit to the outside, accessible from anywhere within tower 7A;
access to another section within the overall structure which does not contain a residential unit (the podium containing shops). The shops and podium can be considered their own section as they are used for a different purpose than the residential towers and have their own egress outside, therefore they are not part of the independent section; and
a doorway from tower 7A to another section (tower 7B) within the overall structure used solely for maintenance and not for regular use. This is not considered as doorway access to another section.

Tower 7A is an independent section and considered a ‘building’ for the higher-risk regime.

The same assessment applies to tower 7B; it is an independent section and considered a ‘building’ for the higher-risk regime.

Tower 7C has:

its own entrance and exit to the outside, accessible from anywhere within tower C;
access to another section within the overall structure which contains a residential unit (tower 7D); and
no access to the podium containing shops. The podium can be considered its own section and it is used for a different purpose than the residential towers and has its own egress outside

The same assessment applies to tower 7D.

Tower 7C and tower 7D are not individually independent sections because there is access between the residential areas. Together, 7C and 7D are an independent section and therefore a ’building’ for the higher-risk regime.