Building Control Act 1989 - Singapore Statutes Online

Interpretation of this Part

26.—(1) In this Part —

“competent person”, in relation to a façade inspection, means a qualified person who satisfies such requirements as may be prescribed for the purposes of this Part;

[Act 12 of 2020 wef 01/01/2022]

“façade”, in relation to a building, means —

(a)	the exterior of the building;
(b)	any exterior feature attached to the building, including any bracket or similar installation attaching the exterior feature to the building; and
(c)	any other part of the building as may be prescribed; [Act 12 of 2020 wef 01/01/2022]

“façade inspection” means an inspection mentioned in section 28(1)(b);

[Act 12 of 2020 wef 01/01/2022]

“façade inspector”, in relation to a façade inspection, means an individual who —

(a)	is appointed to assist a competent person in carrying out a façade inspection, or to carry out a façade inspection under the direct supervision and control of a competent person;
(b)	has the prescribed qualifications and experience; and
(c)	is accredited with the Building and Construction Authority or a prescribed organisation; [Act 12 of 2020 wef 01/01/2022]

“inspect” includes examine and test, with or without the aid of equipment;

[Act 12 of 2020 wef 01/01/2022]

“owner” —

(a)

in relation to a subdivided building comprised in a strata title plan, means —

(i)	the management corporation having control of the common property of the building, or the person receiving any rent or charge for the maintenance and management of that common property; and
(ii)	in relation to any limited common property of the building, the subsidiary management corporation established under the Building (Strata Management) Act 2004 having control of the limited common property, or the person receiving any rent or charge for the maintenance and management of that limited common property; [Act 12 of 2020 wef 01/01/2022]

(b)

in relation to any subdivided building which is not comprised in a strata title plan, means —

(i)

in relation to the common property of residential and commercial property in any housing estate of the Housing and Development Board, that Board; and

(ii)

in relation to the common property of any other subdivided building, every person who is a registered proprietor in the land‑register under the Land Titles Act 1993 of the fee simple, estate in perpetuity or leasehold estate of a lot in that building, or the person receiving any rent or charge for the maintenance and management of the common property of the building;

[Act 12 of 2020 wef 01/01/2022]

(c)

in relation to any premises which are not subdivided, means any person who is the registered proprietor of the fee simple, estate in perpetuity or leasehold estate of those premises in the land‑register under the Land Titles Act 1993; and

(d)

where paragraphs (a), (b) and (c) do not apply, 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 the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as the owner of the premises or building, or a mortgagee in possession;

“special building” means any building of which not less than 90% of its floor area is used solely for residential purposes, and in this definition, “floor area” means the total area of floor space within the building measured between party walls including the thickness of external walls;

“structural engineer” means a person who is registered under the Professional Engineers Act 1991 in the civil or structural engineering discipline and who has in force a practising certificate issued under that Act authorising him or her to engage in civil or structural engineering work;

[Act 12 of 2020 wef 01/01/2022]

“structural inspection” means an inspection mentioned in section 28(1)(a).

[34/2004; 47/2004; 22/2012; 4/2021]

[Act 12 of 2020 wef 01/01/2022]

(1A) Despite subsection (1), in relation to the common property of any residential or commercial property (within the meaning of the Town Councils Act 1988^*) in a public housing estate of the Housing and Development Board, a reference to the owner of a building in this Part for the purposes of any façade inspection of the façade of a building which is such common property, is a reference to —

(a)	the Town Council of the Town within which the public housing estate is comprised; or
(b)	in any other case, the Board. [Act 12 of 2020 wef 01/01/2022] [*Updated to be consistent with the 2020 Revised Edition]

(2) For the purposes of this Part, a building which is physically connected with another building —

(a)	must although so connected, be treated as a separate building if it is so constructed as to be capable of remaining in position and being used independently of the other building or as to require only minor modification as to render it so capable; and
(b)	must not be treated as other than a separate building merely because it is so connected with the other building at or below ground level or by means of a bridge or similar structure (whether affording access or accommodation to both).

Application of this Part

27.—(1) Subject to subsection (2), this Part applies to buildings other than —

(a)	detached houses, semi-detached houses, terraced or linked houses which are used solely by the owners or occupiers thereof solely as their residence; and
(b)	temporary buildings. [Act 12 of 2020 wef 01/01/2022]

(2) The requirements of this Part for the inspection of a building to ensure its structural stability or integrity apply to and in relation to fixed installations (whether or not associated with another building) as if the fixed installation is a building, with the prescribed exceptions, modifications and adaptations in the building regulations as the differences between a fixed installation and a building require.

[Act 12 of 2020 wef 01/01/2022]

(3) However, the requirements under this Part for the inspection of the façade of any building do not apply to —

(a)	a building mentioned in subsection (1); and
(b)	a building the highest point of which (whether or not a roof) is 13 metres or lower when measured from the ground. [Act 12 of 2020 wef 01/01/2022]

(4) For the purposes of this Part, the age of a building in respect of which a temporary occupation permit or certificate of statutory completion is granted is counted —

(a)	from the date the last temporary occupation permit was granted in respect of the whole building; or
(b)	where no such temporary occupation permit was granted, the date the last certificate of statutory completion was issued for the whole building. [Act 12 of 2020 wef 01/01/2022]

Periodic inspection of buildings and building façades

28.—(1) Subject to subsections (2), (2A) and (2B), the Commissioner of Building Control may, by written notice, require either or both of the following inspections to be carried out in accordance with this section:

(a)

an inspection of a building to ensure its structural stability or integrity;

(b)

an inspection of the façade of a building to identify —

(i)	any part of the façade that may be subject to excessive erosion, corrosion, wear, fatigue, stress or strain; or
(ii)	any other situation or circumstance,

that may give rise to a probability of the occurrence or potential occurrence of the collapse (wholly or partly) of the façade and death or injury to individuals, or damage to other property, within or outside the building.

[Act 12 of 2020 wef 01/01/2022]

(2) A notice under subsection (1) may be given —

(a)

where the building (other than a special building) is used other than solely for residential purposes — after the 5th year commencing from the date the first temporary occupation permit or first certificate of statutory completion was issued in respect of the building, whichever was issued earlier, and thereafter at intervals of not less than 5 years from the date of the last notice under this section; or

(b)

where the building is a special building or is used solely for residential purposes — after the 10th year commencing from the date the first temporary occupation permit or first certificate of statutory completion was issued in respect of the building, whichever was issued earlier, and thereafter at intervals of not less than 10 years from the date of the last notice under this section.

[34/2004]

[Act 12 of 2020 wef 01/01/2022]

(2A) Subject to subsection (2B), where a notice requiring a structural inspection under subsection (1) is made in relation to a building in respect of which no temporary occupation permit or certificate of statutory completion has been issued, the notice may be given at any time that the Commissioner of Building Control considers appropriate, and thereafter —

(a)	at intervals of not less than 5 years from the date of the last notice under this section for a building (other than a special building) used other than solely for residential purposes; or
(b)	at intervals of not less than 10 years from the date of the last notice under this section for a building which is a special building or used solely for residential purposes. [22/2012] [Act 12 of 2020 wef 01/01/2022]

(2B) A notice under subsection (1) requiring a façade inspection to be carried out may be given —

(a)	if the building is more than 20 years of age on the relevant date — at any time after that date;
(b)	if the building first attains more than 20 years of age at any time after the relevant date — at any time after the building first attains more than 20 years of age;
(c)	for a building in respect of which no temporary occupation permit or certificate of statutory completion has been issued for the whole building — at any time after the relevant date; or
(d)	at any time during the 7th or later year after the year during which the last notice requiring a façade inspection to be carried out was given. [Act 12 of 2020 wef 01/01/2022]

(2C) A notice under subsection (1) must —

(a)	be given to the owner of the building, or the building the façade of which is (as the case may be) required to be inspected under the notice; and
(b)	specify the building or the façade of the building (as the case may be) which is required to be inspected, and the period within which the inspection must be completed. [Act 12 of 2020 wef 01/01/2022]

(3) Where a notice is given under subsection (1), the owner mentioned in subsection (2C)(a) —

(a)

must appoint —

(i)	for the purpose of a structural inspection, a structural engineer; or
(ii)	for the purpose of a façade inspection, a competent person,

to carry out the inspection in accordance with subsection (6)(a); and

(b)

must submit to the Commissioner of Building Control, within the period specified in the notice under subsection (2C)(b), a copy of the report of the inspection by the structural engineer or competent person (as the case may be) prepared under subsection (6)(b).

[Act 12 of 2020 wef 01/01/2022]

(4) Where a building comprising 2 or more flats is not subdivided and there are subsisting leases for those flats registered under the Registration of Deeds Act 1988 or the Land Titles Act 1993, the owners of those flats must, on receipt of a notice under subsection (1), jointly appoint a structural engineer to carry out a structural inspection, or a competent person to carry out a façade inspection (as the case may be) within the time specified in the notice and in the prescribed manner.

[Act 12 of 2020 wef 01/01/2022]

(5) Each of the following persons has a right of access at any reasonable time in the day to any part of the building in order for that person to carry out an inspection under this section:

(a)	a structural engineer who is appointed to carry out a structural inspection;
(b)	a competent person who is appointed to carry out a façade inspection and any façade inspector assisting the competent person in carrying out the façade inspection. [Act 12 of 2020 wef 01/01/2022]

(5A) A person who hinders, obstructs or delays a structural engineer, competent person or façade inspector in the performance of that person’s duty under subsection (5) shall be guilty of an offence and shall be liable on conviction —

(a)	to a fine not exceeding $5,000; and
(b)	in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. [Act 12 of 2020 wef 01/01/2022]

(6) A structural engineer appointed to carry out a structural inspection, or a competent person appointed to carry out a façade inspection (as the case may be), must —

(a)	carry out the structural inspection or façade inspection (as the case may be) in the prescribed manner;
(b)	prepare, in such form as the Commissioner of Building Control may specify, a report on the results of the inspection mentioned in paragraph (a) and the assessment of the condition of the building or façade, as the case may be;
(c)	give a copy of the report mentioned in paragraph (b) to the owner of the building mentioned in subsection (2C)(a) without delay, and in any case, to enable the owner to comply with subsection (3)(b); and
(d)	comply with any written directions by the Commissioner of Building Control in respect of the report mentioned in paragraph (b). [Act 12 of 2020 wef 01/01/2022]

(6A) Without limiting subsection (6)(d), the Commissioner of Building Control may direct the structural engineer or competent person (as the case may be) to —

(a)	carry out, within the period specified in the direction, such further steps as the Commissioner of Building Control considers necessary to ensure that the structural inspection or façade inspection (as the case may be), and the assessment of the condition of the building or façade (as the case may be), is complete; and
(b)	supplement the report mentioned in subsection (6)(b) to include the results of the further steps mentioned in paragraph (a), and such further information or documents as the Commissioner of Building Control may require to clarify those results. [Act 12 of 2020 wef 01/01/2022]

(7) Where a report mentioned in subsection (6)(b) also contains a recommendation on any measures or other building works necessary —

(a)	to ensure the structural stability or integrity of the building; or
(b)	to prevent the occurrence or potential occurrence of collapse (wholly or partly) of the façade of the building,

the owner of the building must carry out, or cause to be carried out, such of the measures or building works within such period, and subject to such conditions, as the Commissioner of Building Control may specify.

[Act 12 of 2020 wef 01/01/2022]

(8) Any owner of a building who contravenes or fails to comply with a notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.

[47/2007]

(9) Any owner of a building who, without reasonable excuse, fails to comply with subsection (3), (4) or (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both, and in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues, and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction.

[47/2007]

[Act 12 of 2020 wef 01/01/2022]

(10) A person who fails to comply with subsection (6) or (6A) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.

[Act 12 of 2020 wef 01/01/2022]

(11) The Minister may, by order, provide for the application of this section with such adaptations or modifications as may be specified therein to buildings in respect of which no certificate of fitness for occupation has been issued under regulations made under the repealed Act.

(12) In this section, “relevant date” means the date of commencement of section 25 of the Building Control (Amendment) Act 2020.

[Act 12 of 2020 wef 01/01/2022]

Independence of structural engineers and competent persons

29.—(1) A structural engineer must not be appointed by the Commissioner of Building Control or owner of a building for the purpose of carrying out a structural inspection if the structural engineer has any professional or financial interest in the building.

[Act 12 of 2020 wef 01/01/2022]

(1A) A competent person must not be appointed by an owner of a building the façade of which is required to be inspected, for the purpose of carrying out a façade inspection if the competent person has any professional or financial interest in the building or its façade.

[Act 12 of 2020 wef 01/01/2022]

(2) A structural engineer or competent person is to be regarded as having a professional or financial interest in any building if —

(a)

he or she is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which —

(i)	do not affect any key structural element; or
(ii)	affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;

(b)

he or she or any nominee of his or hers is a member, officer or employee of a company or other body which has a professional or financial interest in the building or any part thereof;

(c)

he or she is a partner or is in the employment of a person who has a professional or financial interest in the building or any part thereof; or

(d)

he or she holds any interest in the building or any part thereof.

[Act 12 of 2020 wef 01/01/2022]

(2A) A competent person has a professional or financial interest in the façade of a building if the competent person is or has been responsible for the design or construction of the façade of the building.

[Act 12 of 2020 wef 01/01/2022]

(3) For the purposes of this section —

(a)	a person is to be treated as having a professional or financial interest in the building even if he or she has that interest only as trustee for the benefit of some other person; and
(b)	in the case of married people living together, the interest of one spouse is, if known to the other, deemed to be also an interest of the other.

(4) For the purposes of this section —

(a)	involvement in any structural inspection or façade inspection; and [Act 12 of 2020 wef 01/01/2022]
(b)	entitlement to any fee paid for carrying out any structural inspection or façade inspection,

is not to be regarded as constituting a professional or financial interest.

[Act 12 of 2020 wef 01/01/2022]

(5) The Minister may, by notification in the Gazette, exempt from subsection (1) any building owned by any public authority constituted by any public Act.

[22/2012]

[Act 12 of 2020 wef 01/01/2022]

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