Paragraph Interpretation of Part 23 F1

For the purposes of Part 23—

• “building” does not include part of a building;

• “excluded demolition” means demolition—

  1. (a)

     on land which is the subject of a planning permission for the redevelopment of the land—

     1. (i)

        granted under Part III of the Act (except under article 3 of, and this Schedule to, this Order), or

     2. (ii)

        deemed to be granted under that Part of that Act,

     where the demolition is necessary in order to implement that planning permission, or

  2. (b)

     required or permitted to be carried out by or under any enactment, or

  3. (c)

     required to be carried out by any provision of an agreement made under section 50 of the Act;

• F2“qualifying building” means—

  1. (a)

     a dwellinghouse;

  2. (b)

     a building containing one or more flatted dwellings; or

  3. (c)

     a building having a mutual wall with, or having a main wall adjoining the main wall of a dwellinghouse or a building containing one or more flatted dwellings,

  but for the purposes of this definition—

  1. (i)

     a building is not to be regarded as a dwellinghouse or as containing one or more flatted dwellings if use as a dwelling is ancillary to any non-residential use of that building or other buildings on the same site; and

  2. (ii)

     each house in a pair of semi-detached houses and every house in a row of terrace houses (whether or not, in either case, the house is in residential use) is to be regarded as a building.