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Building Control (Amendment) Bill

Bill No. 10/1995

Read the first time on 1st March 1995.

An Act to amend the Building Control Act (Chapter 29 of the 1990 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Building Control (Amendment) Act 1995 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2(1) of the Building Control Act (referred to in this Act as the principal Act) is amended —

(a)

by deleting the definitions of “building” and “Building Authority” and substituting the following definitions:

“ “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
(f)	such other erection or structure (whether permanent or temporary) as the Minister may, by order published in the Gazette, declare to be a building;

“Building Authority” means the Building Authority appointed under section 3(1);”;

(b)

by deleting the words “, ventilating system or fire protection system” in paragraph (c) of the definition of “building works” and substituting the words “or ventilating system”;

(c)

by inserting, immediately after the word “tenant” at the end of paragraph (a) of the definition of “owner”, the words “and includes a mortgagee in possession”;

(d)

by deleting the word “and” at the end of paragraph (b) of the definition of “owner”;

(e)

by inserting, immediately after the word “property” at the end of paragraph (c) of the definition of “owner”, the words “or any body corporate constituted under an order made by the Minister pursuant to section 3 of the HUDC Housing Estates Act [Cap. 131]”;

(f)

by inserting, immediately after paragraph (c) of the definition of “owner”, the following paragraphs:

“(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;”; and

(g)

by inserting, immediately after the definition of “site supervisor”, the following definition:

“ “temporary building” means any building or structure constructed of short-lived materials or permitted to be used by the competent authority or Building Authority for a period not exceeding 36 months or such other period as may be prescribed;”.

Amendment of section 3

3. Section 3 of the principal Act is amended by deleting subsections (1) and (2) and substituting the following subsections:

“(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.

(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 Mass Rapid Transit Corporation;
(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,

generally or specially authorised by name or office by the Building Authority.”.

Amendment of section 4

4. Section 4 of the principal Act is amended by deleting paragraph (a) and substituting the following paragraph:

“(a)	any temporary building or to the occupation of any such building; or”.

Amendment of section 6

5. Section 6 of the principal Act is amended —

(a)

by inserting, immediately after the word “impose,” in subsection (2)(a), the words “or disapprove”;

(b)

by deleting subsection (3) and substituting the following subsections:

“(3) Subject to the provisions of this Act, every person for whom any building works are or are to be carried out shall, before making any application under subsection (1), appoint an appropriate qualified person in respect of those works.

(3A) The qualified person shall, within such period as may be specified by the Building Authority or such other period as may be extended by the Building Authority, comply with any written direction given by the Building Authority under subsection (2) and resubmit the plans of the building works, failing which the plans shall be deemed to have been disapproved by the Building Authority.

(3B) Where an application for the approval of the detailed structural plans of any building works is accompanied by the certificate of an accredited checker as required under subsection (1)(c) certifying that, to the best of the knowledge and belief of the accredited checker, the detailed structural plans and design calculations which are checked and reviewed by him do not show any inadequacy in the key structural elements of the building shown therein, the Building Authority may, without checking those plans or design calculations, approve those plans on the basis of the certificate and evaluation report of the accredited checker.

(3C) Notwithstanding subsection (3B), the Building Authority may, in his discretion, carry out random checks on any of the detailed structural plans and design calculations of any building works before approving those plans under that subsection.”;

(c)

by deleting the words “section 9” in the second line of subsection (5)(c) and substituting the words “section 10(5)”; and

(d)

by inserting, immediately after subsection (5), the following subsections:

“(6) The Building Authority may at any time revoke any approval granted in respect of any building works under subsection (2)(a) if he is satisfied that any information given in the application for approval or any document submitted to the Building Authority in respect of the application for approval is false in a material particular.

(7) Where the Building Authority has revoked under subsection (6) any approval granted in respect of any building works, any permit, certificate of statutory completion and temporary occupation permit granted in respect of the building works under this Act shall automatically lapse.”.

Amendment of section 7

6. Section 7(1) of the principal Act is amended by deleting the words “section 9” in paragraph (b) and substituting the words “section 6(3)”.

Amendment of section 9

7. Section 9 of the principal Act is amended —

(a)	by deleting subsection (1);
(b)	by deleting the words “subsection (1)” in the first and second lines of subsection (2) and substituting the words “section 6(3)”;
(c)	by deleting the words “subsection (4)” in the fourth line of subsection (2) and substituting the words “this Act”; and
(d)	by deleting the words “this section in respect of building works” in the first and second lines of subsection (4) and substituting the words “section 6(3)”.

Amendment of section 10

8. Section 10 of the principal Act is amended by deleting the words “section 9” in subsections (1), (2) and (4)(b) and substituting in each case the words “section 6(3)”.

Amendment of section 12

9. Section 12 of the principal Act is amended by deleting the words “section 9” in the second line of subsection (1) and substituting the words “section 6(3)”.

Amendment of section 13

10. Section 13 of the principal Act is amended —

(a)

by deleting the word “specify —” in the fourteenth line of subsection (1) and substituting the words “specify all or any of the following:”; and

(b)

by deleting subsection (6) and substituting the following subsection:

“(6) This section shall apply to any building works, whether or not for or connected with any temporary building.”.

Amendment of section 14

11. Section 14 of the principal Act is amended by inserting, immediately after the word “works” in the second line of subsection (1) and in the third line of subsection (2), the words “, advertisements, signboards or skysigns”.

New section 16A

12. The principal Act is amended by inserting, immediately after section 16, the following section:

“Appointment of accredited checkers

16A.—(1) Every person for whom building works are or are to be commenced or carried out shall, unless otherwise prescribed, appoint an accredited checker in respect of the detailed structural plans and design calculations of the building works.

(2) Every accredited checker appointed under subsection (1) shall check the detailed structural plans and design calculations of the building works in accordance with the building regulations and shall carry out such other duties as may be prescribed by those regulations.

(3) Any accredited checker who contravenes or fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding one year or to both.”.

Amendment of section 17

13. Section 17 of the principal Act is amended —

(a)

by deleting paragraph (a) of subsection (2) and substituting the following paragraph:

“(a)

he 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;”; and

(b)

by inserting, immediately after subsection (4), the following subsections:

“(5) Any accredited checker who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding one year or to both.

(6) The Minister may, by notification in the Gazette, exempt from subsection (1) any building or building works owned by or to be carried out for —

(a)	the Housing and Development Board;
(b)	the Mass Rapid Transit Corporation;
(c)	the Port of Singapore Authority; or
(d)	any other public authority constituted by any written law.”.

Amendment of section 20

14. Section 20(1) of the principal Act is amended by deleting the words “no building or part of a building where any building works have been carried out, shall be occupied in any way” in the first, second and third lines and substituting the words “no person shall occupy, or permit or cause to be occupied, any building or any part thereof where any building works have been carried out”.

Repeal of section 22

15. Section 22 of the principal Act is repealed.

Amendment of section 26

16. Section 26(1) of the principal Act is amended by deleting the definition of “owner” and substituting the following definition:

“ “owner”, in relation to —

(a)

a subdivided building comprising two or more flats, means —

(i)	the management corporation established under the Land Titles (Strata) Act [Cap. 158] having control of the building; or
(ii)	the person receiving any rent or charge for the maintenance and management of the common property of the building;

(b)

the common property of any building comprising two or more flats, means —

(i)	the person receiving any rent or charge for the maintenance and management of the common property of the building;
(ii)	any body corporate constituted under an order made by the Minister pursuant to section 3 of the HUDC Housing Estates Act [Cap. 131]; and

(c)

the common property of residential and commercial property in any housing estate of the Housing and Development Board, means that Board;”.

Amendment of section 27

17. Section 27 of the principal Act is amended by deleting paragraph (b) and substituting the following paragraph:

“(b)	temporary buildings.”.

Amendment of section 28

18. Section 28 of the principal Act is amended —

(a)

by deleting the words “completion of the last inspection of the building” in the seventh line of subsection (2)(a) and substituting the words “date of the last notice”;

(b)

by deleting the words “completion of the last inspection of the building” in the seventh line of subsection (2)(b) and substituting the words “last notice”;

(c)

by deleting subsection (3) and substituting the following subsections:

“(3) Every owner of a building to which this Part applies shall, on receipt of a notice under subsection (1), cause the building to be inspected within the period specified in the notice and in the prescribed manner by a structural engineer appointed by the owner.

(3A) Where a building comprising two or more flats is not subdivided and there are subsisting leases for those flats registered under the Registration of Deeds Act [Cap. 269] or the Land Titles Act [Cap. 157], the owners of those flats shall, on receipt of a notice under subsection (1), jointly appoint a structural engineer to inspect the building within such time as may be specified in the notice and in the prescribed manner.”;

(d)

by deleting the words “or the Building Authority under subsection (3)” in the second and third lines of subsection (4);

(e)

by deleting the words “under subsection (3)” in the first line of subsection (5);

(f)

by deleting the word “a” in subsection (5)(a) and substituting the word “the”;

(g)

by inserting, immediately after subsection (5), the following subsection:

“(5A) Where the report of the result of the inspection of a building prepared under subsection (5)(b) contains any measure or other building works recommended by the structural engineer to be carried out to ensure the structural stability or integrity of the building, the owner of the building shall, within such period as may be specified by the Building Authority, carry out such measure or building works as is recommended by the structural engineer in the report.”; and

(h)

by inserting, immediately after subsection (6), the following subsection:

“(6A) Any owner of a building who fails to comply with subsection (3), (3A) or (5A) within the period specified in the notice under subsection (1) or within the period specified under subsection (5A), as the case may be, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction.”.

Amendment of section 29

19. Section 29 of the principal Act is amended —

(a)

by deleting paragraph (a) of subsection (2) and substituting the following paragraph:

“(a)

he 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;”; and

(b)

by inserting, immediately after subsection (4), the following subsection:

“(5) The Minister may, by notification in the Gazette, exempt from subsection (1) any building or building works owned by or to be carried out for —

(a)	the Housing and Development Board;
(b)	the Mass Rapid Transit Corporation;
(c)	the Port of Singapore Authority; or
(d)	any other public authority constituted by any written law.”.

Repeal of Part V

20. Part V of the principal Act is repealed.

Amendment of section 33

21. Section 33 of the principal Act is amended by inserting, immediately after subsection (2), the following subsection:

“(3) Where the Building Authority provides any information to any person in respect of any building or building works by electronic or other means, neither the Government, the Building Authority nor any public officer shall be liable for any loss or damage suffered by any person by reason of any error or omission of whatever nature or howsoever caused, including any defect or breakdown in the electronic equipment used for providing the information, if such error or omission is made in good faith and in the ordinary course of duties of the Building Authority or public officer.”.

Amendment of section 42

22. Section 42 of the principal Act is amended by deleting the words “(other than property or materials seized under section 30)” in subsection (2).

Amendment of section 43

23. Section 43 of the principal Act is amended by inserting, immediately after subsection (2), the following subsection:

“(3) Any notice, order or document to be issued by the Building Authority under this Act or the building regulations may be issued in such form as the Building Authority may determine and every such notice, order or document shall be valid if the signature of the Building Authority or any officer authorised under this Act is duly printed or written thereon.”.

Amendment of section 46

24. Section 46 of the principal Act is amended by inserting, immediately after subsection (3), the following subsection:

“(4) Where any information in respect of any building or building works is provided by the Building Authority by electronic means, the production of any document under the hand of a public officer responsible for providing such information purporting to be a hard-copy transcript of all or any such information shall, in all courts and in all proceedings, be sufficient evidence of the information provided electronically and all courts shall in all proceedings take judicial notice of the signature of the public officer.”.

Amendment of section 50

25. Section 50(2) of the principal Act is amended —

(a)	by deleting the word “planning,” in the first line of paragraph (e);
(b)	by deleting sub-paragraph (ii) of paragraph (e);
(c)	by deleting the words “use or” in paragraph (g); and
(d)	by deleting paragraphs (j) and (k).