Building Control Bill

Bill No. 3/1988

Read the first time on 4th March 1988.
An Act to consolidate and amend and to make further provision concerning the law relating to buildings, and for matters connected therewith.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
PART I
PRELIMINARY
Short title and commencement
1.  This Act may be cited as the Building Control Act 1988 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Interpretation
2.—(1)  In this Act, unless the context otherwise requires —
“accredited checker” means a person who is registered as an accredited checker under section 15;
“building” means any permanent or temporary building and includes any structure or erection of whatever kind or nature (whether permanent or temporary) and in particular —
(a)a wall (including a retaining wall), partition, gate, fence, paling, platform, staging, post, pillar, shoring, hoarding or frame;
(b)a slip, dock, wharf, pier, jetty, landing stage or landing bridge;
(c)a culvert, crossing, bridge, underpass or tunnel; or
(d)a sewage treatment plant, sewer, drain, swimming pool or tank for the storage of any solid, liquid or gaseous matter;
“Building Authority” means the Director-General of Public Works;
“building regulations” means the regulations made under section 46;
“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, ventilating system or fire protection system in or in connection with a building,
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);
“certificate of statutory completion” means a certificate of statutory completion issued under section 19;
“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);
“key structural elements” means the foundations, columns, beams, shear cores and such other parts of a building which are essential for its support;
“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;
(b)in relation to premises to which the Control of Rent Act (Cap. 58) applies, includes the tenant of the premises; and
(c)in relation to the common property of any subdivided building, includes the management corporation established under the Land Titles (Strata) Act (Cap. 158) having control of the building or the person receiving any rent or charge for the maintenance of that common property;
“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 (Cap. 12); or
(b)a professional engineer under the Professional Engineers Act (Cap. 253);
“site supervisor” means a site supervisor of building works appointed under section 10;
“temporary occupation licence” means a temporary occupation licence issued pursuant to section 8(1) of the Building Control Act (Cap. 29) repealed by this Act;
“temporary occupation permit” means a temporary occupation permit issued under section 19;
“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.
Application
3.  This Act and the building regulations shall not apply to —
(a)any premises or building owned by the Government; and
(b)any building works carried out by the Government or by a person authorised by the Government for the use of the Government.
Authorised officers
4.—(1)  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 any of the following persons generally or specially authorised by name or office by the Building Authority and subject to his directions:
(a)any officer of the Public Works Department;
(b)a qualified person in the employment of the Government, the Housing and Development Board, the Jurong Town Corporation or such other public authority constituted by any written law as the Minister may approve for the purpose.
(2)  Any qualified person who is generally or specially authorised under subsection (1) to exercise the powers or to carry out the duties of the Building Authority 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).