3. Part II of the principal Act is repealed and the following Part substituted therefor:“PART II CONTROL OF BUILDING WORKS |
Application to building works |
4. Except as otherwise expressly provided, this Part shall apply to all building works except —(a) | building works for a temporary building or the occupation of any such building; | (b) | retrofitting of exterior features referred to in Part III; | (c) | building works that are exempted under section 30, or are in relation to a building that is so exempted; and | (d) | building works that are prescribed in the building regulations to be insignificant building works. |
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Division 2 — Building plan approvals and permits |
Application for approval of plans of building works |
5.—(1) An application for approval of the plans of any building works shall be made to the Commissioner of Building Control by the developer of those building works.(2) An application for approval of the plans of any building works shall be accompanied by —(a) | the application fee prescribed (if any); | (b) | the names and particulars of —(i) | the appropriate qualified person whom the developer or builder of the building works has appointed to prepare the plans of those building works; and | (ii) | where the building works comprise wholly or partly of any underground building works, the geotechnical engineer whom the developer or builder of the building works has appointed to prepare the plans relating to the geotechnical aspects of those underground building works; |
| (c) | the plans of the building works prepared in accordance with the building regulations; | (d) | in the case of major building works, a certificate from the following accredited checkers:(i) | a certificate by an accredited checker stating that he has checked the plans relating to those building works and that, to the best of his knowledge and belief, the plans so checked do not show any inadequacy in the key structural elements of the building to be erected or affected by those building works; and | (ii) | where the building works comprise wholly or partly of any underground building works, another certificate by a specialist accredited checker (who may or may not be the same accredited checker referred to in sub-paragraph (i)) stating that the specialist accredited checker has checked the geotechnical aspects of those underground building works and that, to the best of his knowledge and belief, there is no inadequacy in the geotechnical aspects relating to those underground building works; |
| (e) | the certificate (in the form prescribed) signed by the qualified person appointed to prepare the plans of those building works, certifying that he prepared those plans; and | (f) | such other documents as may be prescribed in the building regulations. |
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(3) Upon receiving an application under subsection (1) for the approval of plans of any building works, the Commissioner of Building Control shall consider the application and may —(a) | approve any one or more of the plans submitted to him, with or without conditions; | (b) | direct the developer (in writing) to comply with such requirements as the Commissioner of Building Control may specify for the purpose of ensuring that all or any of the plans submitted to him comply with the provisions of this Act and the building regulations and to re-submit those plans for his approval, within such period as may be specified in the direction; or | (c) | disapprove any one or more of the plans submitted to him. |
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(4) If the direction given by the Commissioner of Building Control under subsection (3)(b) is not complied with within the period specified in that direction, or such further period as may be extended by the Commissioner of Building Control, the application for approval of those plans shall, at the end of that period, be deemed to be disapproved by the Commissioner of Building Control. |
(5) The Commissioner of Building Control may, without checking the plans and design calculations of any building works, approve those plans on the basis of —(a) | where the plans relate to any major building works or underground building works, the certificate of an accredited checker or specialist accredited checker or both, as the case may be, certifying that —(i) | the accredited checker has checked the plans relating to the major building works and that, to the best of his knowledge and belief, the plans so checked do not show any inadequacy in the key structural elements of the building to be erected or affected by those major building works; and | (ii) | where the building works comprise wholly or partly of any underground building works, the specialist accredited checker has checked the geotechnical aspects of the underground building works and that, to the best of his knowledge and belief, there is no inadequacy in the geotechnical aspects relating to those underground building works; or |
| (b) | in any other case, the certificate (in the form prescribed) signed by the qualified person appointed to prepare the plans of those building works, certifying that he prepared those plans. |
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(6) Notwithstanding subsection (5), the Commissioner of Building Control may, in his discretion, carry out random checks on any of the detailed structural plans, design calculations or geotechnical aspects of any building works before approving those plans under that subsection. |
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Deviations from approved building plans |
5A.—(1) Where the plans of any building works or proposed building works have been approved by the Commissioner of Building Control under section 5(3)(a) and the developer of the building works intends to depart or deviate from the plans approved, the developer shall apply to the Commissioner of Building Control for his approval of the amended plans showing the proposed departure or deviation.(2) An application under subsection (1) shall be accompanied by —(a) | the amended plans of the building works prepared in accordance with the building regulations by the appropriate qualified person referred to in section 5(2)(b) (i) or (ii) or both, as the case may be; | (b) | in the case of major building works, a certificate from the following accredited checkers:(i) | a certificate by an accredited checker stating that he has checked the amended plans relating to those building works and that, to the best of his knowledge and belief, the amended plans so checked do not show any inadequacy in the key structural elements of the building to be erected or affected by those building works; and | (ii) | where the building works comprise wholly or partly of any underground building works, a certificate by a specialist accredited checker (who may or may not be the same accredited checker referred to in sub-paragraph (i)) stating that the specialist accredited checker has checked the amended geotechnical aspects of the underground building works and that, to the best of his knowledge and belief, there is no inadequacy in the geotechnical aspects relating to those underground building works; and |
| (c) | the certificate (in the form prescribed) signed by the qualified person appointed to prepare the amended plans of those building works, certifying that he prepared those amended plans. |
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(3) The first approval granted under section 5 of any plans of building works shall end and be superseded to the extent that the amended plans relating to those same building works are approved under this section (whether or not the approval also relates to other building works). |
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Lapsing or revocation of building plans approval |
5B.—(1) Any approval granted under section 5 or 5A in respect of any building works shall automatically lapse —(a) | when any written permission referred to in section 12 of the Planning Act (Cap. 232) that has been granted in respect of any development of land involving the building works lapses pursuant to section 20 of that Act; | (b) | if no such written permission has been granted in respect of those building works, at the end of a continuous period of 6 months during which the building works are suspended; or | (c) | if the building works do not start within the period prescribed in the building regulations. |
(2) The Commissioner of Building Control may, at any time, revoke any approval granted in respect of any building works under section 5 or 5A if he is satisfied that any information given in the application for approval or any document submitted to the Commissioner of Building Control in connection with the application for approval is false in a material particular. |
(3) Where the Commissioner of Building Control has under subsection (2) revoked any approval granted under section 5 or 5A in respect of any plans of building works, any permit, certificate of statutory completion and temporary occupation permit granted in respect of those building works shall also automatically lapse. |
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Permit to carry out structural works |
6.—(1) Subject to the provisions of this Act, an application for a permit to carry out structural works in any building works may be made at any time to the Commissioner of Building Control by —(a) | the developer of those building works; | (b) | the builder whom the developer has appointed in respect of those building works; and | (c) | the qualified person whom the developer or builder has appointed under section 8 or 11 to supervise those building works. |
(2) An application for a permit to carry out structural works in any building works shall be accompanied by —(a) | a notification, signed by the developer of the building works, stating the date on which those building works are to start; | (b) | the names and particulars of —(i) | the qualified person appointed under section 8 or 11 to supervise the carrying out of those building works; and | (ii) | where the building works comprise wholly or partly of any underground building works, the geotechnical engineer who is appointed under section 8 or 11 to supervise the geotechnical aspects of those underground building works; |
| (c) | the following documents signed by the builder:(i) | an acceptance of his appointment in respect of the structural works; and | (ii) | an undertaking of responsibility for strict compliance with the provisions of this Act and the building regulations; |
| (d) | the following documents signed by the qualified person or persons referred to in paragraph (b):(i) | a confirmation of his appointment in respect of the building works; and | (ii) | a notice of the names and particulars of the site supervisor, or all members of the team of site supervisors, he has appointed in respect of the structural works in accordance with section 10(1) or (2); and |
| (e) | such other documents as the Commissioner of Building Control may require. |
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(3) The Commissioner of Building Control may, on an application made under subsection (1), grant a permit to carry out structural works in any building works jointly to —(a) | the developer of those building works; | (b) | the builder whom the developer has appointed in respect of those building works; and | (c) | the qualified person whom the developer or builder has appointed under section 8 or 11 to supervise those building works, |
subject to such terms and conditions as he thinks fit to impose. |
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(4) The Commissioner of Building Control may revoke a permit to carry out any structural works if the structural works, if started, are suspended for a continuous period of more than 3 months. |
(5) Any permit to carry out structural works in any building works granted under this section shall not be transferable, and shall automatically lapse if any of the following permit holders ceases to be:(a) | the developer of those building works; | (b) | the builder whom the developer has appointed in respect of those building works; or | (c) | the qualified person whom the developer or builder has appointed under section 8 or 11 to supervise those building works. |
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Modification or waiver of building regulations |
6A.—(1) The Commissioner of Building Control may, on receipt of an application in relation to any particular building works, advertisements, signboards or skysigns, modify or waive, subject to such terms and conditions as he may impose, any of the requirements of the building regulations.(2) Every application under subsection (1) shall —(a) | be made to the Commissioner of Building Control by or on behalf of the developer of the building works, advertisements, signboards or skysigns; | (b) | be in such form as may be required by the Commissioner of Building Control; | (c) | state the nature and extent of and the reasons for the proposed modification or waiver of those requirements; and | (d) | be accompanied by such plans and other particulars as may be prescribed in the building regulations. |
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Division 3 — Building works |
Supervision of building works |
7.—(1) Except as otherwise provided in this Act or the building regulations —(a) | all building works shall be carried out under the supervision of an appropriate qualified person; | (b) | the structural elements of all such building works as are prescribed in the building regulations (referred to in this Act as large building works) shall be carried out under the full-time supervision of a site supervisor, or a team of site supervisors, working under an appropriate qualified person’s control and direction; and | (c) | concreting, piling, pre-stressing, tightening of high-friction grip bolts or other critical structural works of all such building works as are prescribed in the building regulations (referred to in this Act as small-scale building works) shall be carried out under the immediate supervision of —(i) | an appropriate qualified person; or | (ii) | a site supervisor, or a team of site supervisors, working under an appropriate qualified person’s control and direction. |
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(2) Except as otherwise provided in this Act or the building regulations, no person shall commence or carry out the geotechnical aspects of any underground building works except —(a) | under the supervision of the qualified person appointed under section 8(1)(d) (ii) or 11 (1)(d)(ii) or (iii) (B); or | (b) | under the full-time supervision of a site supervisor or a team of site supervisors appointed under section 10 by the qualified person in paragraph (a) and working under his control and direction. |
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(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —(a) | to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and | (b) | in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof 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 thereof during which the contravention continues after conviction. |
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Tests of and in connection with building works |
7A.—(1) Subject to subsection (3), the qualified person appointed to supervise the carrying out of any building works shall carry out or cause to be carried out such tests of or in connection with the building works as may be prescribed in the building regulations or required by the Commissioner of Building Control.(2) Any tests prescribed, or required to be carried out, under subsection (1) shall be carried out in such manner and at such places and times as may be prescribed in the building regulations. |
(3) The Commissioner of Building Control may, on an application in relation to any particular building works, give a direction waiving the operation of subsection (1) in relation to those building works if he is satisfied that the operation of that subsection in relation to that particular case would be unreasonable. |
(4) An application under subsection (3) shall be accompanied by such particulars as may be prescribed in the building regulations. |
(5) If a qualified person fails to comply with subsection (1), the Commissioner of Building Control may, by order in writing served on the qualified person, every site supervisor, and the builder and specialist builder (if any) of the building works and the developer, require the building works to cease until the order is withdrawn. |
(6) Without prejudice to the right of the Commissioner of Building Control to exercise his power under subsection (5), any qualified person who fails to comply with any requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction —(a) | to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both; and | (b) | in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof the qualified person fails to comply with the requirement, |
and if the failure to comply continues after the conviction, the qualified 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 thereof during which the failure to comply continues after conviction. |
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(7) If any person on whom an order made under subsection (5) is served fails to comply with the order, he shall be guilty of an offence and shall be liable on conviction —(a) | to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both; and | (b) | in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part thereof the person fails to comply with the requirement, |
and if the failure to comply 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 $1,000 for every day or part thereof during which the failure to comply continues after conviction. |
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Division 4 — Duties of developers, qualified persons, site supervisors and builders |
8.—(1) Subject to the provisions of this Act, every developer of building works shall appoint —(a) | an appropriate qualified person to prepare the plans of the building works in accordance with this Act if no such person is appointed by the builder in paragraph (c); | (b) | an appropriate qualified person to supervise the carrying out of those building works if no such person is appointed by the builder in paragraph (c); | (c) | a builder to carry out those building works; | (d) | where the building works comprise wholly or partly of any underground building works and if the builder in paragraph (c) does not appoint any of the following:(i) | a qualified person who is a geotechnical engineer to prepare the plans relating to the geotechnical aspects of the building works, who may or may not be the same qualified person referred to in paragraph (a); and | (ii) | a qualified person who is a geotechnical engineer to supervise the geotechnical aspects of those building works, who may or may not be the same qualified person referred to in paragraph (b); |
| (e) | in respect of the detailed structural plans and design calculations of major building works —(i) | an accredited checker who is either a director, partner, member or an employee of an accredited checking organisation, if the value of the building works exceeds the prescribed limit in the building regulations; or | (ii) | an accredited checker (whether or not a director, partner, member or an employee of an accredited checking organisation), if the value of the building works does not exceed the prescribed limit referred to in sub-paragraph (i); and |
| (f) | where the building works comprise wholly or partly of any underground building works —(i) | a specialist accredited checker in respect of the geotechnical aspects of those building works; and | (ii) | in addition to appointing a builder under paragraph (c), a specialist builder to monitor instruments measuring pore pressures for saturated and unsaturated levels, ground-water levels, ground movements or building movements and to measure forces, deformations or displacements. |
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(2) If any qualified person, builder, specialist builder, accredited checker or specialist accredited checker appointed under subsection (1) in respect of building works becomes unwilling to act or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his respective duties under this Act, the developer shall —(a) | without delay appoint under subsection (1) another qualified person, builder, specialist builder, accredited checker or specialist accredited checker, as the case may be, in his place; and | (b) | within 7 days thereafter, notify the Commissioner of Building Control of that substitute appointment. |
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(3) The developer of any building works shall notify the Commissioner of Building Control of any contravention of this Act or the building regulations relating to those building works of which the developer knows or ought reasonably to know. |
(4) Any developer of building works who, without reasonable excuse, fails to comply with subsection (2)(b) shall be guilty of an offence. |
(5) Any developer who contravenes subsection (3) 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. |
(6) It shall be a defence in any prosecution for a contravention of subsection (3) for the person charged to prove to the satisfaction of the court that he did not know and could not reasonably have discovered the contravention referred to in the charge. |
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Duties of qualified persons |
9.—(1) Every qualified person who is appointed under section 8 or 11 to prepare the plans of any building works shall —(a) | take all reasonable steps and exercise due diligence to ensure that the building works are designed in accordance with —(i) | the provisions of this Act; and | (ii) | subject to section 6A, the requirements prescribed in the building regulations; |
| (b) | notify the Commissioner of Building Control of any contravention of this Act or the building regulations in relation to those building works of which the qualified person knows or ought reasonably to know; and | (c) | supply a copy of every plan of the building works approved by the Commissioner of Building Control to —(i) | the site supervisor or the team of site supervisors, as the case may be, appointed under section 10; | (ii) | the builder of those building works; and | (iii) | the qualified person appointed under section 8 or 11 to supervise those building works. |
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(2) For the purpose of subsection (1)(a) —(a) | the plans of any building works that are prepared in accordance with the acceptable solutions as set out in the Approved Document issued by the Commissioner of Building Control in respect of such building works shall be deemed to comply with the objectives and performance requirements that are prescribed by the building regulations in respect of such building works; and | (b) | where the qualified person appointed to prepare the plans of any building works intends to utilise any alternative solution (that is to say, a solution that entails the use of any design, material or construction method that differs completely or partially from those in the acceptable solution), he shall —(i) | take all reasonable steps and exercise due diligence to ensure that the alternative solution satisfies the objectives and performance requirements that are prescribed by the building regulations in respect of such building works; and | (ii) | obtain the certification of another qualified person, being a specialist in the application of such an alternative solution, that the alternative solution satisfies the objectives and performance requirements that are prescribed by the building regulations in respect of such building works. |
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(3) No qualified person shall issue any certification for the purposes of subsection (2)(b)(ii) unless he has taken all reasonable steps and exercised due diligence to ensure that the alternative solution in respect of which his certification is being sought satisfies the objectives and performance requirements that are prescribed by the building regulations in respect of the building works for which the alternative solution is to be applied. |
(4) Every qualified person who is appointed under section 8 or 11 to supervise the carrying out of any building works, or the geotechnical aspects of any underground building works, shall —(a) | take all reasonable steps and exercise due diligence in supervising and inspecting the building works or underground building works, as the case may be, to ensure that those building works are being carried out in accordance with —(i) | the provisions of this Act; | (ii) | subject to section 6A, the building regulations; | (iii) | the relevant plans approved by the Commissioner of Building Control; and | (iv) | any terms and conditions imposed by the Commissioner of Building Control; |
| (b) | in the absence of a site supervisor, take all reasonable steps and exercise due diligence in giving immediate supervision to the carrying out of concreting, piling, pre-stressing, tightening of high-friction grip bolts or other critical structural works of the building works to ensure that such critical structural works of the building works are being carried out in accordance with —(i) | the provisions of this Act; | (ii) | subject to section 6A, the building regulations; | (iii) | the relevant plans approved by the Commissioner of Building Control; and | (iv) | any terms and conditions imposed by the Commissioner of Building Control; |
| (c) | notify the Commissioner of Building Control of any contravention of this Act or the building regulations in relation to those building works of which the qualified person knows or ought reasonably to know; | (d) | keep and maintain at the premises on which building works are carried out such documents, books and records as may be prescribed in the building regulations; | (e) | submit to the Commissioner of Building Control at the prescribed times such reports and certificates as may be prescribed in the building regulations; and | (f) | notify the Commissioner of Building Control if the building works have been suspended for a period of more than 3 months. |
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(5) If any qualified person who is appointed under section 8 or 11 —(a) | to prepare the plans of any building works; or | (b) | to supervise the carrying out of any building works, or the geotechnical aspects of any underground building works, |
becomes unwilling or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his duties under this Act, the qualified person shall, within 14 days of his ceasing to carry out his duties, notify the Commissioner of Building Control and the builder of those building works of that fact. |
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(6) If any site supervisor appointed under section 10 in respect of any building works becomes unwilling or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his duties under section 10(5), the qualified person appointed under section 8 or 11 to supervise the carrying out of the building works shall —(a) | appoint another site supervisor in his place; and | (b) | within 7 days thereafter, notify the Commissioner of Building Control of that substitute appointment. |
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(7) A qualified person who is appointed under section 8 or 11 to supervise the carrying out of any building works, or the geotechnical aspects of any underground building works, shall not supervise —(a) | any works relating to the structural elements of any major building works; or | (b) | the geotechnical aspects of the underground building works, |
if he, or any nominee of his, is a partner, an officer or an employee of — |
(i) | the developer of those building works; | (ii) | the builder of those building works; or | (iii) | an associate of the developer or builder referred to in paragraph (i) or (ii). |
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(8) If any qualified person appointed under section 8 or 11 to prepare the plans of any building works contravenes subsection (1)(a), (2)(b) or (3), he shall be guilty of an offence and shall be liable on conviction —(a) | to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and | (b) | in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof the qualified person fails to comply with the requirement, |
and if the contravention continues after the conviction, the qualified 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 thereof during which the contravention continues after conviction. |
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(9) If any qualified person appointed under section 8 or 11 contravenes subsection (4)(a) or (b), he shall be guilty of an offence and shall be liable on conviction —(a) | to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; and | (b) | in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof the qualified person fails to comply with the requirement, |
and if the contravention continues after the conviction, the qualified 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 thereof during which the contravention continues after conviction. |
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(10) If —(a) | any qualified person appointed under section 8 or 11 to prepare the plans of any building works contravenes subsection (1)(b); or | (b) | any qualified person appointed under section 8 or 11 contravenes subsection (4)(c), (d) or (e) or (7), |
the qualified person shall be guilty of an offence and shall be liable on conviction — |
(i) | to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and | (ii) | in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof the qualified person contravenes subsection (1)(b) or (4)(c), (d) or (e), as the case may be, |
and if the contravention continues after the conviction, the qualified 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 thereof during which the contravention continues after conviction. |
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(11) If —(a) | any qualified person appointed under section 8 or 11 to prepare the plans of any building works contravenes subsection (5); or | (b) | any qualified person appointed under section 8 or 11 contravenes subsection (4)(f) or (5), |
the qualified person shall be guilty of an offence. |
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(12) It shall be a defence in any prosecution for a contravention of subsection (1)(b) or (4)(c) for the person charged to prove to the satisfaction of the court that he did not know and could not reasonably have discovered the contravention referred to in the charge. |
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Duties of site supervisors |
10.—(1) The appropriate qualified person appointed under section 8 or 11 to supervise the carrying out of any large building works shall appoint the following site supervisors in respect of the structural elements of the large building works:(a) | a team of site supervisors comprising not less than such number of persons as may be prescribed in relation to the value of those large building works; or | (b) | at least one site supervisor, in any other case. |
(2) The appropriate qualified person appointed under section 8 or 11 to supervise the carrying out of any small-scale building works shall appoint at least one site supervisor, in respect of the critical structural elements of the small-scale building works. |
(3) No person shall be appointed under this section as a site supervisor in respect of any building works for the purposes of this Act unless —(a) | he possesses the initial practical experience and qualifications prescribed; and | (b) | he remains accredited with the Building and Construction Authority or a prescribed organisation. |
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(4) No site supervisor shall supervise any structural works of any major building works if he, or any nominee of his, is a partner, an officer or an employee of —(a) | the developer or builder of those building works; or | (b) | any associate of the developer or builder of those building works. |
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(5) Every site supervisor appointed under this section in respect of any building works shall take all reasonable steps and exercise due diligence in giving —(a) | in the case of large building works — full-time supervision to the carrying out of the structural elements of the building works; and | (b) | in the case of small-scale building works — immediate supervision to the carrying out of the critical structural elements of the building works, |
to ensure that the structural elements or critical structural elements, as the case may be, of the building works in question are carried out in accordance with the plans of the building works supplied to him in accordance with section 9(1)(c) by a qualified person, and with any terms and conditions imposed by the Commissioner of Building Control. |
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(6) If a site supervisor appointed in respect of any building works becomes unwilling or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his duties under subsection (5), the site supervisor shall, within 7 days of his ceasing to carry out such duties, notify the Commissioner of Building Control of that fact. |
(7) Any site supervisor who contravenes subsection (4) 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 2 years or to both. |
(8) Any site supervisor who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction —(a) | to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and | (b) | in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof the site supervisor fails to comply with the requirement, |
and if the contravention continues after the conviction, the site supervisor 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 thereof during which the contravention continues after conviction. |
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(9) Any site supervisor or qualified person who, without reasonable excuse, contravenes subsection (6) shall be guilty of an offence. |
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11.—(1) A builder undertaking any building works shall —(a) | ensure that the building works are carried out in accordance with —(i) | the provisions of this Act; | (ii) | subject to section 6A, the building regulations; | (iii) | the relevant plans approved by the Commissioner of Building Control and supplied to him by a qualified person under section 9(1)(c); and | (iv) | any terms and conditions imposed by the Commissioner of Building Control in accordance with the provisions of this Act and, subject to section 6A, the building regulations; |
| (b) | notify the Commissioner of Building Control of any contravention of this Act or the building regulations relating to those building works of which the builder knows or ought reasonably to know; | (c) | keep at the premises on which the building works are carried out, and make available on request (at a reasonable time) by any specialist builder appointed in respect of specialist building works comprised in those same building works, all plans of those building works approved by the Commissioner of Building Control and supplied to him by a qualified person under section 9(1)(c); | (d) | where no such qualified person has been appointed by the developer in respect of those building works, appoint —(i) | an appropriate qualified person to prepare the plans of the building works; | (ii) | an appropriate qualified person to supervise the carrying out of those building works; and | (iii) | where the building works comprise wholly or partly of any underground building works —(A) | a geotechnical engineer (who may or may not be the same person referred to in sub-paragraph (i)) to prepare the plans relating to the geotechnical aspects of the underground building works; and | (B) | a geotechnical engineer (who may or may not be the same person referred to in sub-paragraph (ii)) to supervise the geotechnical aspects of the underground building works; |
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| (e) | have an adequate number of construction supervisors working under his direction to assist the builder to ensure that paragraph (a) is complied with; | (f) | within 7 days of the completion of the building works, certify that the new building has been erected or the building works have been carried out in accordance with the provisions of this Act and, subject to section 6A, the building regulations and deliver that certificate to the Commissioner of Building Control; | (g) | notify the Commissioner of Building Control of the appointment and termination of appointment of any specialist builder appointed by the builder in respect of specialist building works comprised in those same building works; and | (h) | comply with such other duties as may be prescribed in the building regulations. |
(2) A specialist builder undertaking any specialist building works shall —(a) | ensure that the specialist building works are carried out in accordance with —(i) | the provisions of this Act; | (ii) | subject to section 6A, the building regulations; | (iii) | the relevant plans approved by the Commissioner of Building Control; and | (iv) | any terms and conditions imposed by the Commissioner of Building Control in accordance with the provisions of this Act and, subject to section 6A, the building regulations; |
| (b) | notify the Commissioner of Building Control of any contravention of this Act or the building regulations relating to those specialist building works, being a contravention which the specialist builder knows or ought reasonably to know; and | (c) | comply with such other duties as may be prescribed in the building regulations. |
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(3) Without prejudice to subsection (2), a specialist builder who is appointed by the developer under section 8(1)(f) (ii) in respect of any building works shall not carry out any work monitoring instruments measuring pore pressures for saturated and unsaturated levels, ground-water levels, ground movements or building movements and to measure forces, deformations or displacements in connection with those building works if he, or any nominee of his, is a partner, an officer or an employee of —(a) | the developer or builder of those building works; or | (b) | any associate of the developer or builder of those building works. |
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(4) If any builder or specialist builder appointed under this section or section 8 in respect of building works becomes unwilling to act or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his duties under subsection (1) or (2), the builder or specialist builder, as the case may be, shall, within 14 days of his ceasing to carry out his duties, notify the Commissioner of Building Control of that fact. |
(5) If any qualified person who is appointed under section 8 or this section —(a) | to prepare the plans of any building works; or | (b) | to supervise any building works, |
becomes unwilling or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his duties under this Act, the builder and specialist builder of those building works shall cease or shall not commence carrying out the building works until the developer or the builder appoints another appropriate qualified person in respect of those building works. |
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(6) Any builder or specialist builder who contravenes subsection (1)(a), (2)(a) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both. |
(7) If —(a) | a builder contravenes subsection (1)(b) or (c); or | (b) | a specialist builder contravenes subsection (2)(b), |
the builder or specialist builder, as the case may be, shall be guilty of an offence and shall be liable on conviction — |
(i) | to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and | (ii) | in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof the builder or specialist builder contravenes subsection (1)(b) or (c) or (2)(b), |
and if the contravention continues after the conviction, the builder or specialist builder, as the case may be, 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 thereof during which the contravention continues after conviction. |
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(8) It shall be a defence in any prosecution for a contravention of subsection (1)(b) or (2)(b) for the builder or specialist builder charged to prove to the satisfaction of the court that he did not know nor could reasonably have discovered the contravention or non-compliance referred to in the charge. |
(9) If —(a) | a builder, without reasonable excuse, contravenes subsection (1)(d), (e), (f), (g) or (h) or (4); or | (b) | a specialist builder, without reasonable excuse, contravenes subsection (2)(c) or (4), |
the builder or specialist builder, as the case may be, shall be guilty of an offence. |
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(10) Any builder or specialist builder who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction —(a) | to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and | (b) | in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof the contravention continues, |
and if the contravention continues after the conviction, the builder or specialist builder, as the case may be, 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 thereof during which the contravention continues after conviction. |
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Division 5 — Building occupancy |
12.—(1) Except as otherwise provided in this Act, 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 unless the Commissioner of Building Control has issued a certificate of statutory completion in respect of that building or that part of the building.(2) Nothing in subsection (1) shall prohibit —(a) | the occupation by any person of any building or part thereof for the sole purpose of preventing any damage to the building or part thereof or any theft of any property therein; or | (b) | the occupation by any person of any building in respect of which a temporary occupation permit has been granted. |
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(3) The Commissioner of Building Control may, on an application in the prescribed manner in relation to any building, grant a temporary occupation permit in respect of the building subject to such written directions as the Commissioner of Building Control may specify and, in particular, those written directions may —(a) | limit the period for which the temporary occupation permit is granted; | (b) | require such work or alteration to the building to be carried out as may be specified to the satisfaction of the Commissioner of Building Control; and | (c) | provide for the completion of the work or alteration before the expiration of a specified period. |
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(4) A temporary occupation permit shall only be prima facie evidence that a building is suitable for occupation and is and shall not be taken to be evidence of compliance with the provisions of this Act, the building regulations or any other written law. |
(5) The Commissioner of Building Control may amend, suspend or, in the event of failure to comply with any written direction issued under subsection (3), revoke any temporary occupation permit. |
(6) Any person who contravenes subsection (1) or fails to comply with any written direction issued under subsection (3) shall be guilty of an offence and shall be liable on conviction —(a) | to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both; and | (b) | in respect of a continuing contravention or failure to comply, to an additional fine not exceeding $1,000 for each day or part thereof the contravention or failure to comply continues, |
and if the contravention or failure to comply 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 thereof during which the contravention or failure to comply continues after conviction. |
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Division 6 — Accredited checkers |
Unlawful undertaking work as accredited checker, etc. |
13.—(1) Any person who —(a) | undertakes work which is required by this Act or the building regulations to be performed by an accredited checker when he is not an accredited checker under this Division or when his registration as such is suspended; or | (b) | undertakes work which is required by this Act or the building regulations to be performed by a specialist accredited checker when he is not a specialist accredited checker under this Division or when his registration as such is suspended, |
shall be guilty of an offence. |
(2) Any person who undertakes any work on behalf of an organisation, being work which is required by this Act or the building regulations to be undertaken by an accredited checker who is either a director, partner, member or an employee of an accredited checking organisation when —(a) | it is not registered as an accredited checking organisation under this Division; or | (b) | its registration as such is suspended, |
shall be guilty of an offence. |
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(3) If —(a) | an accredited checker undertakes work on his own behalf as an accredited checker in relation to building works the value of which is more than —(i) | $10 million, if no other sum is prescribed under paragraph (b); or | (ii) | such sum as the Minister may, by notification in the Gazette, specify; or |
| (b) | a specialist accredited checker undertakes work on his own behalf as a specialist accredited checker in relation to building works the value of which is more than such sum as is specified by the Minister by notification in the Gazette, |
the accredited checker or specialist accredited checker, as the case may be, shall be guilty of an offence. |
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(4) If an organisation which is not registered as an accredited checking organisation under this Division advertises or holds itself out or describes itself in any way to be an accredited checking organisation, that organisation shall be guilty of an offence. |
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Register of accredited checkers, etc. |
14.—(1) The Commissioner of Building Control shall keep and maintain the following registers:(a) | a register of accredited checkers registered under section 16; | (b) | a register of specialist accredited checkers registered under section 16; and | (c) | a register of accredited checking organisations registered under section 16, |
in which shall be entered the names and prescribed particulars of the persons and organisations so registered. |
(2) The absence of the name of any person or organisation from the registers kept under subsection (1) shall be prima facie evidence that —(a) | in the case of the register of accredited checkers, that the person is not so registered or that his registration has been suspended or cancelled; | (b) | in the case of the register of specialist accredited checkers, that the person is not so registered or that his registration has been suspended or cancelled; and | (c) | in the case of the register of accredited checking organisations, that the organisation is not so registered or that its registration has been suspended or cancelled. |
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(3) The registers referred to in subsection (1) shall be kept and maintained at the office of the Commissioner of Building Control and shall be available for inspection by any person without charge during office hours. |
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Who may be registered as accredited checker, etc., or accredited checking organisation |
15.—(1) Subject to the provisions of this Act, a person who applies to be registered, or to renew his registration, as an accredited checker or as a specialist accredited checker, as the case may be, shall be eligible to be so registered or have his registration so renewed if, and only if —(a) | he has paid the prescribed fee for such registration or renewal; | (b) | he satisfies the Commissioner of Building Control that he has the qualifications and the practical experience (whether in Singapore or elsewhere) prescribed for an accredited checker, or the specialist qualifications and the specialist practical experience (whether in Singapore or elsewhere) prescribed for a specialist accredited checker, as the case may be; and | (c) | he satisfies such other requirements as may be prescribed for such registration or renewal. |
(2) Without prejudice to subsection (1), the Commissioner of Building Control may refuse to register, or to renew the registration of, a person as an accredited checker or as a specialist accredited checker if, in the opinion of the Commissioner of Building Control —(a) | the person is not of good character and reputation; or | (b) | there are reasonable grounds for believing that the person will not carry out the duties of an accredited checker or a specialist accredited checker, as the case may be, in accordance with this Act or the building regulations. |
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(3) Subject to the provisions of this Act, a partnership or corporation which applies to be registered, or to renew its registration, as an accredited checking organisation shall be eligible to be so registered or have its registration so renewed if, and only if —(a) | it is —(i) | a partnership consisting wholly of professional engineers registered under the Professional Engineers Act (Cap. 253) or which is licensed under that Act to supply professional engineering services in Singapore; or | (ii) | a corporation licensed under the Professional Engineers Act to supply professional engineering services in Singapore; and |
| (b) | it satisfies the Commissioner of Building Control that it meets such requirements as may be prescribed for such registration or renewal. |
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Registration of accredited checkers, etc., or accredited checking organisations |
16.—(1) An application for registration, or to renew any registration, as —(a) | an accredited checker; | (b) | a specialist accredited checker; or | (c) | an accredited checking organisation, |
shall be made in such manner and shall be accompanied by such documents and particulars as the Commissioner of Building Control may determine. |
(2) Upon receiving an application under subsection (1), or an application to renew such registration, the Commissioner of Building Control shall consider the application and may —(a) | register or renew the registration of, as the case may be, the applicant as an accredited checker, a specialist accredited checker or an accredited checking organisation, with or without conditions; or | (b) | refuse the registration or renewal. |
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(3) Where the Commissioner of Building Control has registered a person, or renewed the person’s registration, as an accredited checker, a specialist accredited checker or an accredited checking organisation, he shall issue to that person a certificate of such accreditation. |
(4) Every registration as an accredited checker, a specialist accredited checker or an accredited checking organisation shall, unless earlier cancelled under section 17, be valid for such period as may be specified therein (being not longer than 12 months), and upon its expiry, that registration may be renewed for such period as may be specified (being also not longer than 12 months). |
(5) The Commissioner of Building Control may appoint a committee of persons to assist him in considering applications for registration, or renewal of registration, as an accredited checker, a specialist accredited checker or an accredited checking organisation. |
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Cancellation, etc., of registration |
17.—(1) Subject to section 22, the Commissioner of Building Control may by order cancel, or suspend for a period not exceeding 6 months, the registration of an accredited checker or a specialist accredited checker if the Commissioner of Building Control is satisfied that the accredited checker or specialist accredited checker, as the case may be —(a) | obtained his registration or renewed registration by fraud or misrepresentation; | (b) | no longer satisfies any of the requirements in section 15(1) by virtue of which he was so registered; | (c) | is convicted of an offence involving fraud or dishonesty or an offence under this Act or the building regulations; | (d) | is for any medical reason or any other reason no longer in a position to carry out the duties of an accredited checker or a specialist accredited checker, as the case may be, effectively under this Act or the building regulations; | (e) | has contravened or failed to comply with section 18(4) or (5); | (f) | has for any reason been censured or ordered to pay a financial penalty by a Disciplinary Committee under the Professional Engineers Act (Cap. 253) or has had his registration as a professional engineer under that Act revoked or suspended; or | (g) | has failed to meet such standards of performance as may be prescribed in the building regulations. |
(2) The Commissioner of Building Control may by order cancel, or suspend for a period not exceeding 6 months, the registration of an accredited checking organisation if he is satisfied that —(a) | it obtained its registration or renewal of registration by fraud or misrepresentation; | (b) | it has contravened or failed to comply with section 18(4) or (5); | (c) | it has been convicted of an offence under this Act or the building regulations; | (d) | any accredited checker who is —(i) | a partner or an employee of the accredited checking organisation which is a partnership; or | (ii) | a director or manager or an employee of the accredited checking organisation which is a corporation, |
has been convicted of an offence under this Act or the building regulations; |
| (e) | it is no longer in a position to carry out the duties of an accredited checking organisation under this Act or the building regulations; | (f) | it no longer satisfies any of the prescribed requirements by virtue of which it was so registered; or | (g) | its performance as an accredited checking organisation, or the performance of any accredited checker who is a director, partner, member or an employee of the accredited checking organisation and acting on its behalf, fails to meet such standards of performance as may be prescribed in the building regulations. |
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(3) The Commissioner of Building Control shall not exercise his powers under subsection (1) or (2) unless an opportunity of being heard has been given to the accredited checker, specialist accredited checker or accredited checking organisation against whom the Commissioner of Building Control intends to exercise his powers. |
(4) The Commissioner of Building Control may appoint —(a) | a committee of persons; and | (b) | an advocate and solicitor, |
to assist the Commissioner of Building Control in considering any representation that may be made to him under subsection (3). |
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(5) The Commissioner of Building Control may, in addition to any order made under subsection (1) or (2), order the accredited checker, specialist accredited checker or accredited checking organisation that is the subject of the order to pay to him such sums as he thinks fit, not exceeding $10,000, in respect of costs and expenses of and incidental to any proceedings before the committee appointed under subsection (4)(a). |
(6) The costs and expenses referred to in subsection (5) shall include —(a) | the costs and expenses of any advocate and solicitor appointed under subsection (4)(b); | (b) | such reasonable expenses as the Commissioner of Building Control may pay to witnesses; and | (c) | such reasonable expenses as are necessary for the conduct of proceedings before the committee appointed under subsection (4)(a). |
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(7) Where the Commissioner of Building Control suspends or cancels the registration of an accredited checker, a specialist accredited checker or an accredited checking organisation under this section, he shall —(a) | cancel any certificate of accreditation issued to the person or organisation concerned under section 16(3); and | (b) | remove the name and particulars of that person or organisation from the register of accredited checkers, the register of specialist accredited checkers or the register of accredited checking organisations, as the case may be. |
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(8) If the registration of an accredited checker, a specialist accredited checker or an accredited checking organisation is suspended under this section for any period, then at the end of the period of suspension, his or its name and particulars shall be reinstated on the respective register under section 14, and his or its certificate of accreditation shall be restored. |
(9) The person whose registration as an accredited checker, a specialist accredited checker or an accredited checking organisation is suspended or cancelled under this section shall, within 14 days of being notified of the suspension or cancellation of registration, surrender to the Commissioner of Building Control the certificate of accreditation issued under section 16(3), failing which the person or organisation shall be guilty of an offence. |
(10) The Commissioner of Building Control shall cancel the registration of an accredited checker or a specialist accredited checker who has died or whose registration has been cancelled under subsection (11). |
(11) If the Commissioner of Building Control has cancelled the registration of a person as an accredited checker under subsection (1), he shall also cancel the registration of the person as a specialist accredited checker. |
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Duties and independence of accredited checkers, etc., and accredited checking organisations |
18.—(1) An accredited checker who —(a) | is appointed in respect of any major building works; or | (b) | is acting on behalf of an accredited checking organisation, |
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. |
(2) The specialist accredited checker appointed under section 8(1) in respect of any underground building works shall check the geotechnical aspects of those building works in accordance with the building regulations and shall carry out such other duties as may be prescribed by those regulations. |
(3) An accredited checker or a specialist accredited checker who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both. |
(4) An accredited checker shall not issue a certificate under section 5(2)(d) or 5A in respect of the plans of any building works —(a) | if the accredited checker has any professional or financial interest in the building works shown in the plans described in his certificate; or | (b) | in the case where the accredited checker is a director, partner, member or an employee of an accredited checking organisation and acting on behalf of the accredited checking organisation —(i) | if the accredited checking organisation that is a corporation and any of its directors; or | (ii) | if any partner of the accredited checking organisation that is a partnership, |
has a professional or financial interest in the building works shown in the plans described in the certificate by the accredited checking organisation under section 5(2)(d) or 5A. |
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(5) A specialist accredited checker shall not issue a certificate under section 5(2)(d) or 5A in respect of the geotechnical aspects of any underground building works if the specialist accredited checker has any professional or financial interest in the underground building works shown in the plans described in his certificate. |
(6) An accredited checker shall be regarded as having a professional or financial interest in any building works if —(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; |
| (b) | he or any nominee of his is a member or an officer or employee of a company or other body which has a professional or financial interest in the building works; or | (c) | he is a partner or is in the employment of a person who has a professional or financial interest in the building works. |
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(7) An accredited checking organisation shall be regarded as having a professional or financial interest in any building works if —(a) | any of its directors, partners, members or employees 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) | any nominee of the organisation is a member or an officer or employee of a company or other body which has a professional or financial interest in the building works; or | (c) | the organisation or any of its directors or partners is a partner or is in the employment of a person who has a professional or financial interest in the building works. |
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(8) For the purposes of this Act —(a) | a person shall be treated as having a professional or financial interest in the building works even if he 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 shall, if known to the other, be deemed to be also an interest of the other. |
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(9) For the purposes of this Act —(a) | involvement in the building works as an accredited checker or a specialist accredited checker; and | (b) | entitlement to any fee paid for his function as an accredited checker or a specialist accredited checker, |
shall not be regarded as constituting a professional or financial interest. |
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(10) If a person who is —(a) | an accredited checker; | (b) | a specialist accredited checker; | (c) | an accredited checking organisation that is a corporation; or | (d) | a partner of an accredited checking organisation that is a partnership, or a director of an accredited checking organisation that is a corporation, |
contravenes subsection (4) or (5), as the case may be, the person shall be guilty of an offence and shall be liable on conviction to — |
(i) | where the person is a corporation, a fine not exceeding $100,000; and | (ii) | in any other case, a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. |
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Division 7 — Enforcement and administration |
Demolition, etc., of unauthorised building works |
19.—(1) Where, in the opinion of the Commissioner of Building Control, any building has been erected, or any building works are or have been carried out, in contravention of the provisions of this Act or the building regulations, the Commissioner of Building Control may by order in writing require —(a) | the cessation of the building works until the order is withdrawn; | (b) | the demolition of the building; or | (c) | such work or alteration to the building or building works to be carried out as may be necessary to cause the same to comply with the provisions of this Act and the building regulations or otherwise to put an end to the contravention thereof. |
(2) An order made under subsection (1) shall specify all or any of the following:(a) | the manner in which the demolition, work or alteration specified in the order is to be carried out; | (b) | the time within which the demolition, work or alteration shall commence; | (c) | the time within which the demolition, work or alteration shall be completed; | (d) | that the demolition, work or alteration shall be carried out with due diligence to the satisfaction of the Commissioner of Building Control. |
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(3) An order made under subsection (1) shall be served —(a) | where a building has been erected, on the owner or occupier of the building; and | (b) | where building works are being carried out, on the developer of the building works or the builder carrying out the building works. |
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(4) If an order made under subsection (1) is not complied with, the Commissioner of Building Control may —(a) | demolish, remove or alter, or cause to be demolished, removed or altered, such building or building works or take such other steps as appear to the Commissioner of Building Control to be necessary, including ordering the closure of the building; and | (b) | recover all expenses reasonably incurred by him in the exercise of his powers under this section from the person in default. |
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(5) Without prejudice to the right of the Commissioner of Building Control to exercise his powers under subsection (4), if any person on whom an order made under subsection (1) is served fails to comply with the order, that person shall be guilty of an offence and shall be liable on conviction —(a) | to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both; and | (b) | in respect of a continuing failure to comply, to an additional fine not exceeding $500 for each day or part thereof the failure to comply continues, |
and if the failure to comply 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 $1,000 for every day or part thereof during which the failure to comply continues after conviction. |
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(6) The Commissioner of Building Control may seize any materials resulting from the carrying out of any work under subsection (4). |
(7) This section shall apply to any building works, whether or not for or connected with any temporary building. |
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20.—(1) Any person who commences or carries out, or permits or authorises the commencement or carrying out of —(a) | any building works (including underground building works) the plans of which have not been approved by the Commissioner of Building Control under section 5 or 5A; or | (b) | any building works (including underground building works) for which there is no permit under section 6 in force, |
shall be guilty of an offence and shall be liable on conviction — |
(i) | to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and | (ii) | in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof 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 thereof during which the contravention continues after conviction. |
(2) Any person who contravenes any term or condition of —(a) | an approval of plans of any building works under section 5 or 5A; or | (b) | a permit to carry out any building works under section 6, |
shall be guilty of an offence and shall be liable on conviction — |
(i) | to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and | (ii) | in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof 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 thereof during which the contravention continues after conviction. |
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(3) Any developer of any building works and any qualified person, site supervisor or builder directly concerned with the building works who, in carrying out the building works deviates, or permits or authorises the building works to deviate, in any material way from any plans of the building works approved by the Commissioner of Building Control under this Part shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both. |
(4) Any person who, being required by or by virtue of this Act or the building regulations to make or produce to the Commissioner of Building Control any plan, declaration, certificate, report, record, notice or other document, or who, for the purpose of obtaining any licence, permit, waiver or approval from the Commissioner of Building Control under this Act or the building regulations or for the purpose of establishing any fact relevant to the administration of this Act or the building regulations —(a) | makes or produces any plan, declaration, certificate, report, record, notice or other document which is false in a material particular; and | (b) | produces any plan, declaration, certificate, report, record, notice or other document which is false in a material particular, or has not been made by the person by whom it purports to have been made, or has been in any way altered or tampered with, |
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. |
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21.—(1) Whether or not proceedings have been instituted against any person for an offence under section 20 in respect of any building works, the Commissioner of Building Control may require the person to pay a sum not exceeding 10 times the prescribed fees for the approval of plans of the building works or which would have been payable had each approval been obtained, for those building works, where it appears to the Commissioner of Building Control that such an offence has been committed.(2) Any person who is aggrieved by a decision of the Commissioner of Building Control under subsection (1) may, within 14 days of being notified of the decision, appeal to the Minister against the decision. |
(3) Where an appeal is made to the Minister under subsection (2), the Minister may confirm, vary or reverse the decision of the Commissioner of Building Control, or give such directions in the matter as he thinks fit, and the decision of the Minister shall be final. |
(4) Every pecuniary penalty or part thereof outstanding shall be recoverable as a debt due to the Building and Construction Authority. |
(5) On acceptance by the Commissioner of Building Control of the pecuniary penalty imposed under this section, the unauthorised building works in respect of which the penalty is paid shall be deemed to have been carried out without contravening section 20. |
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22.—(1) Where an application made under —(a) | section 5 or 5A for approval of plans of any building works; | (b) | section 6 for a permit to carry out any structural works; | (c) | section 6A for any modification or waiver of the requirements of the building regulations in relation to any particular building works; | (d) | section 7A(3) for a waiver of the operation of section 7(1) in relation to any building works; or | (e) | section 15 for registration, or for the renewal of registration, as an accredited checker, a specialist accredited checker or an accredited checking organisation, |
is refused, or is granted by the Commissioner of Building Control subject to terms and conditions, the applicant may, if aggrieved by the decision of the Commissioner of Building Control, appeal to the Minister against the decision within 14 days after being served with the notice of the decision. |
(2) If the Commissioner of Building Control has made an order under section 17 in respect of an accredited checker, a specialist accredited checker or an accredited checking organisation, the accredited checker, specialist accredited checker or accredited checking organisation concerned may appeal to the Minister against the order within 14 days after being served with the notice of the order. |
(3) In any appeal under this section in relation to the conviction of an accredited checker, a specialist accredited checker or an accredited checking organisation for a criminal offence, the Minister on appeal from any order of the Commissioner of Building Control shall accept the conviction as final and conclusive. |
(4) Where an appeal is brought under this section from a decision of the Commissioner of Building Control, the Minister may, after giving the aggrieved appellant an opportunity to make representations in writing, dismiss or allow the appeal, unconditionally or subject to such conditions as he thinks fit. |
(5) The decision of the Minister in any appeal under this section shall be final.”. |
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