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Permission to commence or carry out building works

Building Control Act

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—(1) No person shall commence or carry out any building works without the written permission of the Building Authority, who may in granting such permission impose such terms and conditions as he thinks fit.(2) Every person intending to commence any building works shall submit to the Building Authority plans and specifications prepared in accordance with the building regulations for the approval of the Building Authority.(3) The Building Authority may approve or disapprove any plans or specifications submitted to him under subsection (2) but no plans for the erection of a building shall be approved if the building is to be erected on any holding abutting on or having access to any new street or proposed new street unless a deposit, required to be made under section 24(5) of the Local Government Integration Act [Cap. 166], has been made or a certificate has been issued by the Director-General of Public Works under section 24(3) of that Act that a deposit is not required to be made for the execution of street works.(4) The Building Authority may give written directions to a person submitting plans and specifications for the erection of a building requiring that person to provide and construct an arcade or paved footway along any portion of the building lot which abuts on a street and for the purpose of ensuring compliance with this or any other written law.(5) The person to whom any written directions are given under subsection (4) shall within such period as may be specified by the Building Authority amend and re-submit the plans and specifications accordingly. Any plans and specifications not re-submitted as so amended within the specified period shall be deemed to have been disapproved by the Building Authority.(6) No person shall commence any building works unless —(a)the works are commenced within 6 months from the date on which the plans and specifications relating thereto were approved by the Building Authority who may in granting the permission impose such terms and conditions as he thinks fit; and(b)he or his agent has given the Building Authority 7 days’ notice in writing of his intention to commence the works.(7) Where any building works which have been commenced are suspended for a continuous period of more than 3 months the permission of the Building Authority shall be deemed to be revoked, but that permission may be renewed by the Building Authority on such terms and conditions as he thinks fit.(8) Any person who —(a)contravenes or fails to comply with this section;(b)deviates from any plan or specification approved by the Building Authority without his consent;(c)erects or causes or permits to be erected a building in contravention of any of the provisions of this Act or of any of the building regulations; or(d)fails to comply with any order or written direction of the Building Authority or with any term or condition imposed by the Building Authority,shall be guilty of an offence.(9) Whether or not proceedings have been instituted against any person for an offence under this section, the Building Authority may require an applicant to pay such sum not exceeding 50 times the prescribed fees as the Building Authority may determine for the approval of plans and specifications relating to the building works in respect of which there appears to the Building Authority that such an offence has been committed.(10) Notwithstanding subsection (9), the Building Authority may, with the approval of the Minister, in any particular case increase the sum required to be paid under that subsection to an amount not exceeding the cost of the unauthorised building works as determined by the Building Authority.(11) Notwithstanding any proceedings that may be instituted under this Act against a person (not being the owner) who actually commenced or carried out any building works in or on any premises, those works shall be deemed to have been commenced or carried out by the owner of the premises until the contrary is proved.

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