PART I | Short title and commencement |
1.—(1) This Act may be cited as the Building Control Act 1989 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.| (2) The Minister may appoint different dates for the coming into operation of the different provisions of this Act. |
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2.—(1) In this Act, unless the context otherwise requires —| “accredited checker” means a person who is registered as an accredited checker under section 16; |
| “analyst” means an analyst approved by the Minister; |
| “builder” means any person who undertakes, whether exclusively or in conjunction with any other business, to carry out any building works for his own account or for or on behalf of another person (referred to in this definition as A), but does not include any person who contracts with a builder for the execution by that person of the whole or any part of any building works undertaken by the builder for or on behalf of A under a contract entered into by the builder with A; |
“building” means any permanent or temporary building or structure and includes —| (a) | a hut, shed or roofed enclosure; | | (b) | a wall, earth retaining or stabilising structure, partition, gate, fence, paling , platform, post, pillar, hoarding or frame; | | (c) | a slip, dock, wharf or jetty; | | (d) | a culvert, crossing, bridge, underpass or tunnel; | | (e) | a sewage treatment plant, sewer, drain, swimming pool or any non-proprietary type of concrete tank for the storage of any solid, liquid or gaseous product; and |
| such other erection or structure (whether permanent or temporary) as the Minister may, by order published in the Gazette, declare to be a building; |
[Subst. by Act 18/95 wef 01/09/1995 vide S 370/95] |
| “Building Authority” means the Building Authority appointed under section 3(1); [Subst. by Act 18/95 wef 01/09/1995 vide S 370/95] |
| “building regulations” means any regulations made under section 50; |
“building works” means —| (a) | the erection, extension or demolition of a building; | | (b) | the alteration, addition or repair of a building; | | (c) | the provision, extension or alteration of any air-conditioning service or ventilating system in or in connection with a building, [Act 18/95 wef 01/09/1995 vide S 370/95] |
| and includes site formation works and any other kind of building operation connected with or carried out for the purpose of paragraph (a), (b) or (c); |
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| “certificate of statutory completion” means a certificate of statutory completion issued under section 20; |
| “common property” has the same meaning as in the Buildings and Common Property (Maintenance and Management) Act [Cap. 30]; |
| “competent authority” means the competent authority appointed under section 3 of the Planning Act [Cap. 232, 1990 Ed]; |
| “immediate supervision”, in relation to any building works or part thereof, means personally and directly exercising oversight, control and inspection of the carrying out of the building works or part thereof; |
| “key structural elements” means the foundations, columns, beams, shear cores and such other parts of a building which are essential for its support and overall structural stability; |
| “occupier”, in relation to any building, means the person in occupation of the building or having the charge, management or control thereof, either on his own account or as agent of another, but does not include any lodger within the building; |
“owner” —| (a) | in relation to any premises or building, means the person for the time being receiving the rent of the premises or building, whether on his own account or as agent or trustee or as receiver, or who would receive the same if the premises or building were let to a tenant and includes a mortgagee in possession; [Act 18/95 wef 01/09/1995 vide S 370/95] | | (b) | in relation to premises to which the Control of Rent Act applies, includes the tenant of the premises; [Cap. 58. Act 18/95 wef 01/09/1995 vide S 370/95] [] | | (c) | in relation to the common property of any subdivided building, includes the management corporation established under the Land Titles (Strata) Act [Cap. 158, 1988 Ed] having control of the building or the person receiving any rent or charge for the maintenance of that common property or any body corporate constituted under an order made by the Minister pursuant to section 3 of the HUDC Housing Estates Act [Cap. 131]; | | (d) | in relation to the common property of residential and commercial property in any housing estate of the Housing and Development Board, means that Board; and | | (e) | in relation to the common property of any building which is not subdivided, includes any person receiving any rent or charge for the maintenance and management of that common property; [Act 18/95 wef 01/09/1995 vide S 370/95] [Act 18/95 wef 01/09/1995 vide S 370/95] |
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| “premises” includes buildings, lands, easements and hereditaments of any tenure; |
“qualified person” means a person who is registered as —| (a) | an architect under the Architects Act 1991 and has in force a practising certificate issued under that Act; or [Act 22/91 wef 30/10/1991 vide S 337/91] | | (b) | a professional engineer under the Professional Engineers Act 1991 and has in force a practising certificate issued under that Act; [Act 23/91 wef 30/10/1991] |
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| “repealed Act” means the Building Control Act [Cap. 29, 1985 Ed] repealed by this Act; |
| “short-lived materials” means any building materials which are, in the absence of special care, liable to rapid deterioration or are otherwise unsuitable for use in the construction of permanent buildings; |
| “site supervisor” means a site supervisor of building works appointed under section 10; |
| “temporary building” means any building or structure constructed of short-lived materials or permitted to be used by the competent authority or Building Authorityfor a period not exceeding 36 months or such other period as may be prescribed; [Act 18/95 wef 01/09/1995 vide S 370/95] |
| “temporary occupation licence” means a temporary occupation licence issued pursuant to section 8(1) of the repealed Act; |
| “temporary occupation permit” means a temporary occupation permit issued under section 20; |
| “unauthorised”, in relation to a building or building works, means any building erected, or any building works commenced or carried out, in contravention of any provision of this Act or the building regulations; |
| “ventilating system” means a mechanical system for introducing or exhausting air. |
| (2) In this Act, unless the context otherwise requires, any reference to a building includes a reference to a part of a building. |
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| 3.—(1) The Minister may appoint any person by name or office to be the Building Authority responsible for the operation and administration of this Act. [Subst. by Act 18/95 wef 01/09/1995 vide S 370/95] (2) Subject to the directions of the Building Authority , the powers conferred and the duties imposed on the Building Authority under this Act and the building regulations may be exercised and carried out by —| (a) | any public officer; and | | (b) | any qualified person who is in the employment of —| (i) | the Housing and Development Board; | | (ii) | the Land Transport Authority of Singapore; | | (iii) | the Port of Singapore Authority; or | | (iv) | such other public authority constituted by any written law as the Minister may approve for the purpose, |
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| generally or specially authorised by name or office by the Building Authority. |
[Subst. by Act 18/95 wef 01/09/1995 vide S 370/95] |
(3) Any qualified person who is generally or specially authorised under subsection (2) to exercise the powers or to carry out the duties of the under this Act shall —| (a) | be deemed to be public officers for the purposes of this Act; and | | (b) | be public servants within the meaning of the Penal Code [Cap. 224]. |
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