Last updated
Values this chapter turns on
- area a structure must exceed to be a building without plumbing
- 10 m²
- area a structure must exceed to be a building without plumbing
- exposed height above which a retaining wall is designated
- 1,000 mm
- exposed height above which a retaining wall is designated
- parts of the Act's definition of building
- 5 clauses
- parts of the Act's definition of building
- make up plumbing: drainage, venting and water
- 3 systems
- make up plumbing: drainage, venting and water
The General Legal/Process exam starts where the Building Code Act, 1992 starts: with the words it defines and the jobs it gives each person in the building process. Many later questions turn on a single defined word. Is a 9 m² shed with a sink a "building"? Is an upper-tier municipality a "principal authority"? Who must notify the designer when site conditions change? This chapter covers section 1 (definitions) and section 1.1 (role of various persons) of the Act. Both may be quoted, because the Act is free to reproduce.
Definitions in the Act
Section 1 of the Act defines the core terms. The ones that come up most are below.
Building. The definition in BCA s. 1(1)BCA s. 1 building“building” means, (a) a structure occupying an area greater than ten square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto, (b) a structure occupying an area of ten square… has five parts. A building is:
| Clause | What it covers |
|---|---|
| (a) | a structure "occupying an area greater than ten square metres" made of a wall, roof and floor (or any of them), including its plumbing and service systems |
| (b) | a structure of ten square metres or less "that contains plumbing" |
| (c) | "plumbing not located in a structure" |
| (c.1) | "a sewage system" |
| (d) | "structures designated in the building code" |
The designated structures in clause (d) are listed in OBC Div. A 1.3.3.5.OBC Div. A 1.3.3.5. Designated Structures(1) The following structures are designated for the purposes of clause (d) of the definition of building in subsection 1 (1) of the Act: (a) a retaining wall exceeding 1,000 mm in exposed height adjacent to (i) public property, (ii) access to a building, or (iii) private property to which the public is admitted, (b) a…. They include retaining walls over 1,000 mm in exposed height next to public property or access, pedestrian bridges, crane runways, larger solar collectors and dish antennas mounted on buildings, outdoor pools and public spas, and demountable stages.
Construct means "to do anything in the erection, installation, extension or material alteration or repair of a building", and it includes installing a building unit "fabricated or moved from elsewhere" (BCA s. 1(1)BCA s. 1 construct“construct” means to do anything in the erection, installation, extension or material alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere and “construction” has a corresponding meaning; (“construire”, “construction”, “travaux de construction”)). So placing a factory-built home on a foundation is construction.
Demolish means "to do anything in the removal of a building or any material part thereof" (BCA s. 1(1)BCA s. 1 demolish“demolish” means to do anything in the removal of a building or any material part thereof and “demolition” has a corresponding meaning; (“démolir”, “démolition”, “travaux de démolition”)).
Plumbing means "a drainage system, a venting system and a water system or parts thereof" (BCA s. 1(1)BCA s. 1 plumbing“plumbing” means a drainage system, a venting system and a water system or parts thereof; (“installation de plomberie”)).
Principal authority is the body that enforces the Act in an area: the Crown, the council of a municipality, an upper-tier municipality with an enforcement agreement, or a prescribed (or contracting) board of health, planning board or conservation authority (BCA s. 1(1)BCA s. 1 principal authority“principal authority” means, (a) the Crown, (b) the council of a municipality, (c) an upper-tier municipality that has entered into an agreement under subsection 3 (5), 6.1 (1) or 6.2 (1), (d) a board of health that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under…).
Municipality means "a local municipality" (BCA s. 1(1)BCA s. 1 municipality“municipality” means a local municipality; (“municipalité”)). An upper-tier municipality is not a "municipality" for the Act unless a section says so.
Other definitions worth knowing:
- Chief building official is one appointed or constituted under section 3 or 4 (BCA s. 1(1)BCA s. 1 chief building official“chief building official” means a chief building official appointed or constituted under section 3 or 4; (“chef du service du bâtiment”)).
- Inspector is one appointed under section 3, 3.1, 4, 6.1 or 6.2 (BCA s. 1(1)BCA s. 1 inspector“inspector” means an inspector appointed under section 3, 3.1, 4, 6.1 or 6.2; (“inspecteur”)).
- Director is the person appointed under section 2 (BCA s. 1(1)BCA s. 1 director“director” means the person appointed as director under section 2; (“directeur”)).
- Minister is the Minister of Municipal Affairs and Housing (BCA s. 1(1)BCA s. 1 Minister“Minister” means the Minister of Municipal Affairs and Housing; (“ministre”)).
- Registered code agency is a person with the qualifications and requirements in subsection 15.11(4) (BCA s. 1(1)BCA s. 1 registered code agency“registered code agency” means a person that has the qualifications and meets the requirements described in subsection 15.11 (4); (“organisme inscrit d’exécution du code”)).
- Plans review certificate, change certificate and final certificate are certificates prescribed under the code or approved by the Minister (BCA s. 1(1)BCA s. 1 final certificate“final certificate” means a certificate prescribed under the building code or approved by the Minister as a final certificate; (“certificat définitif”)).
- Building code means "regulations made under section 34" (BCA s. 1(1)BCA s. 1 building code“building code” means regulations made under section 34; (“code du bâtiment”)).
Two scope rules sit in section 1 as well. A reference to "chief building official" in most of the Act also includes an inspector who has CBO powers for sewage systems or plumbing (BCA s. 1(1.3)BCA s. 1 Definitions(1) In this Act, “building” means, (a) a structure occupying an area greater than ten square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto, (b) a structure occupying an area…). And the Act "does not apply to structures used directly in the extraction of ore from a mine" (BCA s. 1(2)BCA s. 1 Definitions(1) In this Act, “building” means, (a) a structure occupying an area greater than ten square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto, (b) a structure occupying an area…).
Worked example: is it a building?
A homeowner wants to put up three things: a 9 m² garden shed with no services, a 9 m² pool cabana with a toilet, and a 12 m² gazebo with a roof and no walls.
- The 9 m² shed with no plumbing is not 10 m² or more and has no plumbing, so it fails clauses (a) and (b). It is not a building under the Act.
- The 9 m² cabana contains plumbing, so clause (b) makes it a building.
- The 12 m² gazebo occupies more than ten square metres and has a roof, so clause (a) makes it a building.
(Whether a permit is needed is a separate question, answered by Division C 1.3.1.1. See chapter 11.)
Role of various persons
Section 1.1 tells each participant what the law expects of them. Each role is limited to matters for which the person holds any required qualifications. Subsection (8) says nothing in the section relieves anyone of the duty to comply with the Act or code.
| Person | Key duties in s. 1.1 |
|---|---|
| Person who causes a building to be constructed (often the owner) | build to the Act, code and permit; no construction until the permit is issued; use only qualified and insured persons where required (BCA s. 1.1(1)BCA s. 1.1 Role of various persons(1) It is the role of every person who causes a building to be constructed, (a) to cause the building to be constructed in accordance with this Act and the building code and with any permit issued under this Act for the building; (b) to ensure that construction does not proceed unless any permit required under this…) |
| Designer | provide designs that comply, with documentation "sufficiently detailed" to assess compliance and to let a builder do the work; do general review only within their qualifications (BCA s. 1.1(2)BCA s. 1.1 Role of various persons(1) It is the role of every person who causes a building to be constructed, (a) to cause the building to be constructed in accordance with this Act and the building code and with any permit issued under this Act for the building; (b) to ensure that construction does not proceed unless any permit required under this…) |
| Builder | no construction without a permit; build to the permit; use appropriate techniques; "when site conditions affect compliance with the building code, to notify the designer and an inspector or the registered code agency, as appropriate" (BCA s. 1.1(3)BCA s. 1.1 Role of various persons(1) It is the role of every person who causes a building to be constructed, (a) to cause the building to be constructed in accordance with this Act and the building code and with any permit issued under this Act for the building; (b) to ensure that construction does not proceed unless any permit required under this…) |
| Manufacturers, suppliers, retailers | ensure products meet the standards under the Act and code (BCA s. 1.1(4)BCA s. 1.1 Role of various persons(1) It is the role of every person who causes a building to be constructed, (a) to cause the building to be constructed in accordance with this Act and the building code and with any permit issued under this Act for the building; (b) to ensure that construction does not proceed unless any permit required under this…) |
| Building owner | maintain, repair and evaluate the building; keep and provide records (BCA s. 1.1(4.1)BCA s. 1.1 Role of various persons(1) It is the role of every person who causes a building to be constructed, (a) to cause the building to be constructed in accordance with this Act and the building code and with any permit issued under this Act for the building; (b) to ensure that construction does not proceed unless any permit required under this…) |
| Registered code agency | review plans, issue certificates, inspect, within its qualifications (BCA s. 1.1(5)BCA s. 1.1 Role of various persons(1) It is the role of every person who causes a building to be constructed, (a) to cause the building to be constructed in accordance with this Act and the building code and with any permit issued under this Act for the building; (b) to ensure that construction does not proceed unless any permit required under this…) |
| Chief building official | set operational policies, co-ordinate and oversee enforcement, act "in an independent manner" under the code of conduct (BCA s. 1.1(6)BCA s. 1.1 Role of various persons(1) It is the role of every person who causes a building to be constructed, (a) to cause the building to be constructed in accordance with this Act and the building code and with any permit issued under this Act for the building; (b) to ensure that construction does not proceed unless any permit required under this…) |
| Inspector | review plans, inspect, do maintenance inspections, issue orders, only where qualified, independently and under the code of conduct (BCA s. 1.1(7)BCA s. 1.1 Role of various persons(1) It is the role of every person who causes a building to be constructed, (a) to cause the building to be constructed in accordance with this Act and the building code and with any permit issued under this Act for the building; (b) to ensure that construction does not proceed unless any permit required under this…) |
Note who sets policy. Only the chief building official's role includes establishing "operational policies for the enforcement of this Act and the building code within the applicable jurisdiction". Inspectors carry out the work. Both must follow the code of conduct, which the principal authority must establish under section 7.1.
Worked example: unexpected soil
During excavation the builder finds soft fill where the drawings assumed native soil. Under BCA s. 1.1(3)(d)BCA s. 1.1 Role of various persons(1) It is the role of every person who causes a building to be constructed, (a) to cause the building to be constructed in accordance with this Act and the building code and with any permit issued under this Act for the building; (b) to ensure that construction does not proceed unless any permit required under this…, the builder's role is to notify the designer and an inspector (or the registered code agency, if one is appointed). The designer then revises the design within their qualifications. The change to the permit documents needs the chief building official's authorization under section 8(12).
Common traps
- The 10 m² line. Clause (a) says "greater than" ten square metres. A structure of exactly 10 m² without plumbing is not a building under clause (a).
- Plumbing alone is a building. Clause (c) makes plumbing outside any structure a building, and clause (c.1) does the same for a sewage system.
- Construct includes repair. "Material alteration or repair" is construction, so it can need a permit.
- Mines. Only structures used "directly in the extraction of ore" are excluded, not every building on a mine site.
- Municipality vs principal authority. A board of health is never a "municipality", but it can be a principal authority.
- Policy vs enforcement. Operational policies come from the CBO, not from council and not from inspectors.
Chapter review
Chapter at a glance
One line per section: the idea to carry into the exam. Then the answers that most often catch candidates out.
- Role of various persons
Section 1.1 tells each participant what the law expects of them.
Usual exam traps
- The 10 m² line. Clause (a) says "greater than" ten square metres. A structure of exactly 10 m² without plumbing is not a building under clause (a).
- Plumbing alone is a building. Clause (c) makes plumbing outside any structure a building, and clause (c.1) does the same for a sewage system.
- Construct includes repair. "Material alteration or repair" is construction, so it can need a permit.
- Mines. Only structures used "directly in the extraction of ore" are excluded, not every building on a mine site.
- Municipality vs principal authority. A board of health is never a "municipality", but it can be a principal authority.
- Policy vs enforcement. Operational policies come from the CBO, not from council and not from inspectors.
Practice this chapter
Questions on Interpretation and roles, in the exam format, every answer explained and cited to its article. Sign in to start; a free account gets the free questions.
Code cited in this chapter
Based on the official 2024 Building Code Compendium on ontario.ca.
© King's Printer for Ontario, 2024. Reproduced with permission.
BCA s. 1 building
Open BCA s. 1 in the code viewer“building” means,
(a)a structure occupying an area greater than ten square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto,
(b)a structure occupying an area of ten square metres or less that contains plumbing, including the plumbing appurtenant thereto,
(c)plumbing not located in a structure,
(c.1) a sewage system, or
(d)structures designated in the building code; (“bâtiment”)
OBC Div. A 1.3.3.5. Designated Structures
Open OBC Div. A 1.3.3.5. in the code viewer(1)The following structures are designated for the purposes of clause (d) of the definition of building in subsection 1 (1) of the Act:
(a)a retaining wall exceeding 1,000 mm in exposed height adjacent to
(i)public property,
(ii)access to a building, or
(iii)private property to which the public is admitted,
(b)a pedestrian bridge appurtenant to a building,
(c)a crane runway,
(d)an exterior storage tank and its supporting structure that is not regulated by the Technical Standards and Safety Act, 2000,
(e)signs regulated by Section 3.15. of Division B that are not structurally supported by a building,
(f)a solar collector that is mounted on a building and has a face area equal to or greater than 5 m²,
(g)a structure that supports a wind turbine generator having a rated output of more than 3 kW,
(h)a dish antenna that is mounted on a building and has a face area equal to or greater than 5 m²,
(i)an outdoor pool,
(j)an outdoor public spa,
(k)a permanent solid nutrient storage facility with supporting walls exceeding 1,000 mm in exposed height,
(l)a demountable stage, and
(m)a demountable support structure.
BCA s. 1 construct
Open BCA s. 1 in the code viewer“construct” means to do anything in the erection, installation, extension or material alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere and “construction” has a corresponding meaning; (“construire”, “construction”, “travaux de construction”)
BCA s. 1 demolish
Open BCA s. 1 in the code viewer“demolish” means to do anything in the removal of a building or any material part thereof and “demolition” has a corresponding meaning; (“démolir”, “démolition”, “travaux de démolition”)
BCA s. 1 plumbing
Open BCA s. 1 in the code viewer“plumbing” means a drainage system, a venting system and a water system or parts thereof; (“installation de plomberie”)
BCA s. 1 principal authority
Open BCA s. 1 in the code viewer“principal authority” means,
(a)the Crown,
(b)the council of a municipality,
(c)an upper-tier municipality that has entered into an agreement under subsection 3 (5), 6.1 (1) or 6.2 (1),
(d)a board of health that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under subsection 6.1 (2) or (3) or 6.2 (2),
(e)a planning board that has been prescribed for the purposes of subsection 3.1 (1), or
(f)a conservation authority that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under subsection 6.2 (2); (“autorité principale”)
BCA s. 1 municipality
Open BCA s. 1 in the code viewer“municipality” means a local municipality; (“municipalité”)
BCA s. 1 chief building official
Open BCA s. 1 in the code viewer“chief building official” means a chief building official appointed or constituted under section 3 or 4; (“chef du service du bâtiment”)
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BCA s. 1 inspector
Open BCA s. 1 in the code viewer“inspector” means an inspector appointed under section 3, 3.1, 4, 6.1 or 6.2; (“inspecteur”)
BCA s. 1 director
Open BCA s. 1 in the code viewer“director” means the person appointed as director under section 2; (“directeur”)
BCA s. 1 Minister
Open BCA s. 1 in the code viewer“Minister” means the Minister of Municipal Affairs and Housing; (“ministre”)
BCA s. 1 registered code agency
Open BCA s. 1 in the code viewer“registered code agency” means a person that has the qualifications and meets the requirements described in subsection 15.11 (4); (“organisme inscrit d’exécution du code”)
BCA s. 1 final certificate
Open BCA s. 1 in the code viewer“final certificate” means a certificate prescribed under the building code or approved by the Minister as a final certificate; (“certificat définitif”)
BCA s. 1 building code
Open BCA s. 1 in the code viewer“building code” means regulations made under section 34; (“code du bâtiment”)
BCA s. 1 Definitions
Open BCA s. 1 in the code viewer(1)In this Act,
“building” means,
(a)a structure occupying an area greater than ten square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto,
(b)a structure occupying an area of ten square metres or less that contains plumbing, including the plumbing appurtenant thereto,
(c)plumbing not located in a structure,
(c.1) a sewage system, or
(d)structures designated in the building code; (“bâtiment”)
“building code” means regulations made under section 34; (“code du bâtiment”)
“building condition evaluation” means an evaluation conducted under a building condition evaluation program; (“évaluation de l’état du bâtiment”)
“building condition evaluation program” means a program established under subsection 34 (2.3); (“programme d’évaluation de l’état des bâtiments”)
“building owner” means, in respect of a building,
(a) the registered owner of the land on which the building is located or, if the building is owned separately from the land on which the building is located, the owner of the building, unless the person is a person prescribed in the building code,
(b) the person that is responsible for maintaining the building or part of the building subject to a building condition evaluation program, unless the person is a person prescribed in the building code, and
(c) such other persons as may be prescribed; (“propriétaire du bâtiment”)
“change certificate” means a certificate prescribed under the building code or approved by the Minister as a change certificate; (“certificat de modification”)
“chief building official” means a chief building official appointed or constituted under section 3 or 4; (“chef du service du bâtiment”)
“code of conduct” means a code of conduct described in section 7.1; (“code de conduite”)
“construct” means to do anything in the erection, installation, extension or material alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere and “construction” has a corresponding meaning; (“construire”, “construction”, “travaux de construction”)
“demolish” means to do anything in the removal of a building or any material part thereof and “demolition” has a corresponding meaning; (“démolir”, “démolition”, “travaux de démolition”)
“director” means the person appointed as director under section 2; (“directeur”)
“final certificate” means a certificate prescribed under the building code or approved by the Minister as a final certificate; (“certificat définitif”)
“inspector” means an inspector appointed under section 3, 3.1, 4, 6.1 or 6.2; (“inspecteur”)
“maintenance inspection” means an inspection conducted under a maintenance inspection program; (“inspection d’entretien”)
“maintenance inspection program” means a program established under clause 7 (1) (b.1) or subsection 34 (2.2); (“programme d’inspections d’entretien”)
“Minister” means the Minister of Municipal Affairs and Housing; (“ministre”)
“municipality” means a local municipality; (“municipalité”)
“officer” means a property standards officer who has been assigned the responsibility of administering and enforcing by-laws passed under section 15.1; (“agent”)
“planning board” means a planning board established under section 9 or 10 of the Planning Act; (“conseil d’aménagement”)
“plans review certificate” means a certificate prescribed under the building code or approved by the Minister as a plans review certificate; (“certificat d’examen des plans”)
“plumbing” means a drainage system, a venting system and a water system or parts thereof; (“installation de plomberie”)
“principal authority” means,
(a) the Crown,
(b) the council of a municipality,
(c) an upper-tier municipality that has entered into an agreement under subsection 3 (5), 6.1 (1) or 6.2 (1),
(d) a board of health that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under subsection 6.1 (2) or (3) or 6.2 (2),
(e)a planning board that has been prescribed for the purposes of subsection 3.1 (1), or
(f)a conservation authority that has been prescribed for the purposes of subsection 3.1 (1) or has entered into an agreement under subsection 6.2 (2); (“autorité principale”)
“registered code agency” means a person that has the qualifications and meets the requirements described in subsection 15.11 (4); (“organisme inscrit d’exécution du code”)
“regulations” means regulations made under this Act. (“règlements”)
(1.1)Except as provided in subsection (1.2), a reference to “this Act” in any provision of this Act shall be deemed to be a reference to this Act excluding sections 15.1 to 15.8.
(1.2)A reference to “this Act” in subsection 1 (1) and sections 2, 16, 19, 20, 21, 27, 31, 36 and 37 includes a reference to sections 15.1 to 15.8.
(1.3)A reference to the “chief building official” in this Act, other than in subsections 1 (1), 3 (2), (3) and (6) and section 4, includes an inspector who has the same powers and duties as the chief building official,
(a)in relation to sewage systems by virtue of subsections 3.1 (3) or 6.2 (4); and
(b)in relation to plumbing by virtue of subsection 6.1 (5).
(2)This Act does not apply to structures used directly in the extraction of ore from a mine.
BCA s. 1.1 Role of various persons
Open BCA s. 1.1 in the code viewer(1)It is the role of every person who causes a building to be constructed,
(a)to cause the building to be constructed in accordance with this Act and the building code and with any permit issued under this Act for the building;
(b)to ensure that construction does not proceed unless any permit required under this Act has been issued by the chief building official; and
(c)to ensure that construction is carried out only by persons with the qualifications and insurance, if any, required by this Act and the building code.
(2)It is the role of a designer,
(a)if the designer’s designs are to be submitted in support of an application for a permit under this Act, to provide designs which are in accordance with this Act and the building code and to provide documentation that is sufficiently detailed to permit the design to be assessed for compliance with this Act and the building code and to allow a builder to carry out the work in accordance with the design, this Act and the building code;
(b)to perform the role described in clause (a) in respect of only those matters for which the designer has the qualifications, if any, required by this Act and the building code; and
(c)if the building code requires that all or part of the design or construction of a building be under general review, to perform the general review in respect of only those matters for which the designer has the qualifications, if any, required by this Act and the building code.
(3)It is the role of a builder,
(a)to ensure that construction does not proceed unless any permit required under this Act has been issued by the chief building official;
(b)to construct the building in accordance with the permit;
(c)to use appropriate building techniques to achieve compliance with this Act and the building code; and
(d)when site conditions affect compliance with the building code, to notify the designer and an inspector or the registered code agency, as appropriate.
(4)It is the role of manufacturers, suppliers and retailers of products that are intended for use in Ontario in the construction of a building for a purpose that is regulated by this Act or the building code to ensure that the products comply with the standards established under this Act and the building code.
(4.1)It is the role of a building owner,
(a)to ensure that the building or part of the building is maintained, repaired and evaluated in accordance with this Act and the building code; and
(b)to ensure documents, records and other information about the building are kept and provided in accordance with this Act and the building code.
(4.2)It is the role of a person who conducts a building condition evaluation,
(a)to carry out the responsibilities of that person under a building condition evaluation program in accordance with this Act and the building code; and
(b)to perform the role described in clause (a) in respect of only those matters for which the person has the qualifications, if any, required by this Act and the building code.
(5)It is the role of a registered code agency,
(a)to exercise powers and perform duties under this Act and the building code in connection with reviewing plans, issuing certificates, inspecting construction and performing other functions in accordance with this Act and the building code; and
(b)to carry out the duties of a registered code agency under this Act and the building code in respect of only those matters for which the registered code agency is qualified under this Act and the building code.
(6)It is the role of a chief building official,
(a)to establish operational policies for the enforcement of this Act and the building code within the applicable jurisdiction;
(b)to co-ordinate and oversee the enforcement of this Act and the building code within the applicable jurisdiction;
(c)to exercise powers and perform the other duties assigned to him or her under this Act and the building code; and
(d)to exercise powers and perform duties in an independent manner and in accordance with the standards established by the applicable code of conduct.
(7)It is the role of an inspector,
(a)to exercise powers and perform duties under this Act and the building code in connection with reviewing plans, inspecting construction, conducting maintenance inspections and issuing orders in accordance with this Act and the building code;
(b)to exercise powers and perform duties in respect of only those matters for which he or she has the qualifications required by this Act and the building code; and
(c)to exercise powers and perform duties in an independent manner and in accordance with the standards established by the applicable code of conduct.
(8)Nothing in this section relieves any person from the duty to comply with any part of this Act or the building code or affects the rights or duties of a person not mentioned in this section in respect of the construction of a building.