Building - Definition - Law Dictionary Home Dictionary Definition building

Definition :

Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v. Attorney-General, 1906 AC 53. With regard to the (English) Disused Burial Grounds Act, 1884 (47 & 48 Vict. c. 72), an electricity transformer chamber, Rector and Churchwardens of the Parish of St. Nicholas Acons v. London County Council, 1928 AC 469 and a urinal (the Mayor, Aldermen and Councillors of Bermondsey v. Mortimer, (1926) 87), are buildings within the meaning of s. 3, but a small tool-shed is not (ibid.). Building is defined in the (English) Roads Improvement Act, 1925 (15 & 16 Geo. 5, c. 68), s. 11, as including 'any erection of whatsoever material and in whatsoever manner constructed and any part of a building.' For the (English) Lead Paint (Protection against Poisoning) Act, 1926 (16 & 17 Geo. 5, c. 37), building is defined as including fixtures, s. 7. The term 'building' for the purposes of the (English) Representation of the People Act, 1832 (2 & 3 Will. 4, c. 45), s. 27 (repealed 7 & 8 Geo. 5, c. 64), is discussed in Powell v. Boraston, (1865) 18 CBNS 175 (179). See also 18 & 19 Geo. 5, c. 12. See NEW BUILDING.

Means a house, outhouse, stable, latrine, shed, hut or other roofed structure whether of masonry, brick, wood, mud, metal or other material, and part thereof and includes a well and a wall other than a boundary wall but does not include a tent or other portable and temporary shelter. [Cantonments Act, 1924 (2 of 1924), s. 2 (iv)]

Means any structure or erection or part of a structure or erection, after the rules relating to energy conservation building codes have been notified under clause (a) of s. 15 or clause (1) of sub-s. (2) of s. 56, which is having a connected load of 500 KW or contract demand of 600 KVA and above and is intended to be used for commercial purposes. [Energy Conservation Act, 2001 (52 of 2001), s. 2 (c)]

Building, includes structure, Halsbury's Laws of England, Vol. 20, 4th Edn., Para 440, p. 275.

Building, includes a temporary or movable building, Halsbury's Laws of England, Vol. 10, 4th Edn., Para 1021, p. 562.

Building, is a structure with wall and roof, Halsbury's Laws of England, Vol. 4(2), 4th Edn., Para 335, p. 302.

Means any house or hut or part of a house or hut, let or to be let separately for residential or non-residential purposes and includes: (a) gardens, apartment to such house, hut or part of such house or hut and let or to be let along with such house or hut or part of such house or hurt (b) any furniture supplied or any fifftings affixed by the landlord for use in such house or hut or part of a house or hut, but does not include a room in a hotel or boarding house. A.P. Building (Lease, Rent and Eviction) Control Act, 1960, Nandan Mahamma v. Markonda Narasimha Rao, AIR 2006 AP 8.

The word 'building' has not been defined in the U.P. Zamindari Abolition Act, 1951 and must be construed in its ordinary grammatical sense unless there is something in the context or object of the statute to show that it is used in a special sense different from its ordinary grammatical sense. In Websters New International Dictionary the word 'building' has been defined as follows: 'That which is built specific: (a) as now generally used a fabric or edifice, framed or constructed, designed to stand more or less permanently, and covering a space of land for use as a dwelling, store house, factory, shelter for beasts or some other useful purpose. Building in this sense does not include a mere wall, fence, monument, hoarding or similar structure though designed for permanent use where it stands, nor a steamboat, ship or other vessel of navigation', Ghanshiam Das v. Devi Prasad, (1966) 3 SCR 875: AIR 1966 SC 1998.

Includes roof structures including the land underneath the said structure, State of U.P. v. VII Additional District Judge, AIR 1993 SC 1232: (1992) 4 SCC 429. [U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, s. 3 (i)]

Building in its ordinary sense would include appurtenances which form thereof, Vannttarikandy Ibrayi v. Kunhabdulla Hajee, AIR 2003 SC 4453 (4461). [Kerala Buildings (Lease and Rent Control) Act, (2 of 1965) s. 2(1)]

--The expression 'building' includes, the fabric of which it is composed, the ground upon which its walls stand and the ground within those walls, D.G. Gouse v. State of Kerala, (1980) 2 SCC 410: AIR 1980 SC 271 (278). [Kerala Building Tax Act, 1975, s. 2(3)]

It would include any other additional super structure in the same premises and appurtenant land, Airports Authority Employees Union v. International Airport Authority, (2001) 1 SCC 205: AIR 2001 SC 276.

The word 'building' should, therefore, be given its literal meaning as something which is built, Even 'ottas' and Chabutras ' fall within the term 'Building', State of Bombay v. Sardar Venkat Rao Krishna Rao Gujar, AIR 1966 SC 991 (994): 1963 (1) SCR 428. [Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (1 of 1951), s. 5(a)]

The expression 'building' according to the definition given in s. 5(7) of the Act would include a part of a building, Corpn. of the City of Nagpur v. Nagpur Handloom Cloth Market Co. Ltd., AIR 1963 SC 1192 (1197): 1963 Supp (2) SCR 796. [City of Nagpur Corporation Act, 1948 (2 of 1950), s. 5(7)]

The roads laid within the factory premises as links or provided approach to the buildings are necessary adjuncts to the factory buildings to carry on the business activity of the assessee and would be building within the meaning of s. 32 of the Act, CIT v. Gwalior Royan Sild Mfg. Co. Ltd, (1992) 3 SCC 326: AIR 1992 SC 1782 (1788). (Income-tax Act, 1961, s. 32)

'Building' means any work or construction done in any manner by use of any material and includes a farm building for agricultural purposes, plinth, doorstep, wall, drain, advertisement board and other things fixed with such building. [Control of National Highways (Land and Traffic) Act, (13 of 2003), s. 2(b)]

Building includes separate buildings in the ambit used for a common purposes, Halsbury's Laws of England, Vol. 8(1), 4th Edn., Para 110, p. 93; Richards v. Swansea Improvements and Tramway Company, (1878) 9 Ch D 425; Siegeberg v. Metropolitan District Railway Company, (1893) 49 LT 554; Greswolde Williams v. Newcastle-upon-Tyne Corpn., (1927) 92 JP 13; London Transport Executive v. Congregational Union of England and Wales (Inc), (1978) 37 P&CR 135.

Building includes any structure or erection and any part of a building as so defined but does not include plant or machinery comprised in a building, Halsbury's Laws of England, Vol. 8(1), 4th Edn., Para 246, p. 206.

Building includes part of a building and references to a building may include reference to land occupied therewith and used for the same purposes, Halsbury's Laws of England, Vol. 5(1), 4th Edn., Para 53, p. 45.

Building includes more than one structure in some limited circumstances; that the qualifying flats in one or more structures which had in common use appurtenant premises, Long Acre Securities Ltd. v. Kartt, (2004) 3 WLR 866 (CD): (2004) EWHC 42 (Ch); Landlord and Tenant Act, 1987 (UK), s. 4.

Means a house, outhouses stable, latrine, shed, hut or other roofed structure whether of masonry, brick, wood, mud, metal, other material and any part thereof, and includes a wall and a wall other than a boundary wall but does not include a tent or other portable and temporary shelter, Cantonments Act, 2006, sec. 2(d).

Means a residential or non-residential structure having a roof, Rizwan Akhtar v. Shrawan Kumar Bhatia, AIR 2007 (NOC) 431 (All).