Building Control Act 1989

a hut, shed or roofed enclosure;

an earth retaining or stabilising structure, whether permanent or temporary;

a dock, wharf or jetty;

a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that —

is or is to be supported by water;

is not intended for or useable in navigation; and(iii)is or is to be permanently moored;

a culvert, crossing, bridge, underpass or tunnel;

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;

a shelter provided under the Civil Defence Shelter Act 1997; and(g)such other erection or structure (whether permanent or temporary) as the Minister may, by order in the Gazette, declare to be a building;

the erection, extension or demolition of a building;

the alteration, addition or repair of a building;

the provision, extension or alteration of any air conditioning service or ventilating system in or in connection with a building,and includes site formation works connected with or carried out for the purpose of paragraph (a), (b) or (c);

any air conditioning unit, including any window air conditioning unit and any condensing equipment of an air conditioning unit;

any window, with or without movable parts;

any grille or shutter, with or without movable parts;

any tile, cladding, curtain wall, siding, plaster, bracket or cornice;

any gutter, rainwater down-pipe, or part of the roof;

any awning or sun-shading device;

such other feature that is permanent and is installed on, forms part of or projects outwards from the roof or exterior of any building as the Minister may, by notification in the Gazette, declare to be an exterior feature for the purposes of this Act;

an analysis of the geological structure and earth materials of the site of the geotechnical building works and its influence on the geotechnical building works;

an analysis of the ground water regime and its influence on the wall stability and integrity of the geotechnical building works over time; and(c)such other applications of earth sciences to and engineering aspects of the geotechnical building works as may be prescribed;

a tunnel with a diameter, width or height of more than 2 metres; or(ii)a caisson, cofferdam, trench, ditch, shaft or well with a depth of more than 6 metres; (b)any building works for constructing, altering or repairing any earth retaining structure in or for a trench, ditch, shaft or well with a depth or height of more than 6 metres; (c)any earthworks or other building works for constructing or stabilising a slope with a height of more than 6 metres (measured as the vertical distance between the highest level and lowest level of the slope);

any type of foundation works that the Minister may prescribe in the building regulations for buildings of 30 storeys or more;

in relation to any premises comprised in a strata title plan under the Land Titles (Strata) Act (Cap. 158), means —

in relation to a lot — any person who is the registered subsidiary proprietor of the lot under that Act;

in relation to the common property — the management corporation having control of the common property, or the person receiving any rent or charge for the maintenance and management of that common property; and(iii)in relation to any limited common property — the subsidiary management corporation established under the Building Maintenance and Strata Management Act (Cap. 30C) having control of the limited common property, or the person receiving any rent or charge for the maintenance and management of that limited common property;

in relation to any building in a housing estate of the Housing and Development Board, means —

in relation to a flat — any owner of the flat as defined under the Housing and Development Act 1959; and(ii)in relation to the common property of residential and commercial property in any housing estate of the Housing and Development Board — that Board;

in relation to any subdivided building other than a subdivided building referred to in paragraph (a) or (b), means —

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

in relation to any premises which are not subdivided — means any person who is the registered proprietor of the fee simple, estate in perpetuity or leasehold estate of those premises in the land-register under the Land Titles Act 1993; and(e)where paragraphs (a) to (d) do not apply — means the person for the time being receiving the rent of the premises or building, whether on the person’s own account or as agent or trustee or as receiver, or who would receive the same if the premises or building were let to a tenant, and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as the owner of the premises or building, or a mortgagee in possession;

the owner of the building which the exterior feature is installed on, forms part of or projects outwards from, unless otherwise provided by paragraph (b), (c) or (d);

subject to paragraph (c), where the exterior feature is part of —

the common property of any housing estate of the Housing and Development Board — either that Board or the Town Council established under the Town Councils Act 1988 for that housing estate, as the Minister shall designate for that exterior feature; or(ii)the common property or limited common property of any other land (whether or not comprised in a strata title plan) — the owner thereof, unless otherwise provided by paragraph (d);

where the exterior feature is a window, grille or shutter that is part of a flat —

in the case of a flat in any housing estate of the Housing and Development Board — the owner of the flat as defined in the Housing and Development Act 1959; or(ii)in the case of any other flat — the owner of that flat; or(d)any other person that may be prescribed under section 22C as the person responsible for the exterior feature;

includes drawings, details, diagrams, digital representations generated from building information modelling, structural details and calculations showing or relating to the building works; and(b)if prepared in electronic form, includes the medium in which the plans of building works have been stored;

an architect under the Architects Act 1991 and has in force a practising certificate issued under that Act; or(b)a professional engineer under the Professional Engineers Act 1991 and has in force a practising certificate issued under that Act;

piling works comprising installation and testing of pre‑cast reinforced concrete or pre‑stressed concrete piles, steel piles, bored cast‑in‑place reinforced concrete piles, caissons and special pile types like micro‑piles, barrettes piles and composite piles, embedded retaining wall piles like diaphragm walls, contiguous bored piles or secant piles;

ground support and stabilisation works, including installation and testing of ground anchors, soil nails, rock bolts, ground treatment like chemical grouting and jet‑grouting, reinforced‑earth, shotcreting and tunnel supports;

site investigation work comprising field investigations, exploratory drilling or boring, logging, sampling, coring, in‑situ plate‑loading tests, pressure meter tests, penetration tests, vane shear tests, probing tests, permeability tests, geological mapping and geophysical surveys, and installation and monitoring of instruments measuring forces, deformation, displacements, pore and earth pressures, and ground water levels;

structural steelwork comprising —

fabrication of structural elements;

erection work like site cutting, site welding and site bolting; and(iii)installation of steel supports for geotechnical building works;

pre-cast concrete work comprising fabrication of pre‑cast structural elements;

in-situ post-tensioning work comprising setting out of tendon profiles, laying of conduits, anchorages and bursting reinforcement, pulling or stressing of cables, pressure grouting of conduits; and(g)such other building works as the Minister may, by order in the Gazette, declare to be specialist building works;

any building or structure not more than 2 storeys high constructed of short‑lived materials;

any other building or structure not more than 2 storeys high permitted to be used by the competent authority or Commissioner of Building Control for a period not exceeding 36 months, or any other period that may be prescribed (if prescribed) in the building regulations;

any building used as workers’ quarters, a site office, a show‑flat or show‑house, a builder’s shed, store or other shed required in connection with any building works for a permanent building; or(d)any structure used only for the outdoor display of an advertisement or signboard,but does not include any bridge, any decking for a bridge, or any earth retaining structure;

for any geotechnical building works — the total cost to be expended in carrying out those building works estimated at the time of, and contained in, the application under section 5 for approval of the plans of those building works, including any goods and services tax payable in relation to the supply of the work; or(b)for any other building works — the total cost to be expended in carrying out the building works (including the foundations, basements, structural frame, finishes and the installation of building services) estimated at the time of, and contained in, the application under section 5 for approval of the plans of the building works, including any goods and services tax payable in relation to the supply of the work;

the diameter, width or height of any tunnel;

the depth of any caisson, cofferdam, trench, ditch, shaft or well;

the depth or height of any earth retaining structure in or for a trench, ditch, shaft or well; (ca)the height of any slope;

the number of storeys in a building.

any partner of the developer or builder;

any body corporate in which the developer or builder is a substantial shareholder as defined in section 81 of the Companies Act 1967;

if the developer or builder is a body corporate —

a person who is a substantial shareholder of that body corporate as defined in section 81 of the Companies Act 1967; or(ii)a director, secretary or similar executive officer of the body corporate;

any body corporate of which the developer or builder is a director, secretary or similar executive officer;

where the developer or builder is a trustee — a beneficiary or an object of the discretionary trust;

any employer or employee of the developer or builder.

section 7(5) of the Companies Act 1967 does not apply with respect to the determination of whether a person is a substantial shareholder as defined in section 81 of that Act; and(b)in applying section 7(4A) of the Companies Act 1967 to determine whether a person is a substantial shareholder as defined in section 81 of that Act, a person is an associate of another person if the firstmentioned person is —

a corporation that, by virtue of section 6 of that Act, is deemed to be related to that other person;

a person in accordance with whose directions, instructions or wishes that other person is accustomed or is under an obligation (whether formal or informal) to act in relation to the share mentioned in section 7(4) of that Act;

a person who is accustomed or is under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of that other person in relation to that share;

a body corporate that is, or a majority of the directors of which are, accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of that other person in relation to that share; or(v)a body corporate in accordance with the directions, instructions or wishes of which, or of a majority of the directors of which, that other person is under an obligation (whether formal or informal) to act in relation to that share.

by or under any provision of this Act or any subsidiary legislation made under this Act an act or thing is required or directed to be done within a particular period or before a particular time;

failure to do that act or thing within the period or before the time mentioned in paragraph (a) constitutes an offence; and(c)that act or thing is not done within the period or before the time mentioned in paragraph (a),the obligation to do that act or thing continues, even though that period has expired or that time has passed, until that act or thing is done; and if the failure to do that act or thing within the period or before the time mentioned in paragraph (a) is an offence, a person shall be guilty of a separate offence in respect of each day (including the day of a conviction for any such offence or any later day) or part of a day during which the person continues to refuse or fail to comply with that requirement or direction.

any public officer;

any officer of the Building and Construction Authority;

any officer of such other public authority constituted by any written law as the Minister may approve for this purpose.

must, when exercising that power or carrying out that duty, comply with the directions of the Commissioner of Building Control;

is deemed to be a public servant for the purposes of the Penal Code 1871; and(c)if the person is an officer mentioned in subsection (2)(b) or (c), is deemed to be a public officer for the purposes of this Act.

the application fee prescribed, if any;

the names and particulars of —

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 geotechnical 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 geotechnical building works;

the plans of the building works prepared in accordance with the building regulations;

in the case of major building works, a certificate from the following accredited checkers:

a certificate by an accredited checker stating that he or she has checked the plans relating to those building works and that, to the best of his or her 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 geotechnical building works, another certificate by a specialist accredited checker (who may or may not be the same accredited checker mentioned in sub‑paragraph (i)) stating that the specialist accredited checker has checked the geotechnical aspects of those geotechnical building works and that, to the best of his or her knowledge and belief, there is no inadequacy in the geotechnical aspects relating to those geotechnical building works;

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)any other documents that may be prescribed in the building regulations.

approve any one or more of the plans submitted to the Commissioner of Building Control, with or without conditions;

direct the developer (in writing) to comply with any requirements that the Commissioner of Building Control may specify for the purpose of ensuring that all or any of the plans submitted to him or her comply with the provisions of this Act and the building regulations and to re-submit those plans for his or her approval, within the period specified in the direction; or(c)disapprove any one or more of the plans submitted to him or her.

where the plans relate to any major building works or geotechnical building works, the certificate of an accredited checker or specialist accredited checker or both (as the case may be) certifying that —

the accredited checker has checked the plans relating to the major building works and that, to the best of the accredited checker’s 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 geotechnical building works, the specialist accredited checker has checked the geotechnical aspects of the geotechnical building works and that, to the best of the specialist accredited checker’s knowledge and belief, there is no inadequacy in the geotechnical aspects relating to those geotechnical 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 the qualified person prepared those plans.

the amended plans of the building works prepared in accordance with the building regulations by the appropriate qualified person mentioned in section 5(2)(b)(i) or (ii) or both, as the case may be;

in the case of major building works, a certificate from the following accredited checkers:

a certificate by an accredited checker stating that he or she has checked the amended plans relating to those building works and that, to the best of the accredited checker’s 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 geotechnical building works, a certificate by a specialist accredited checker (who may or may not be the same accredited checker mentioned in sub‑paragraph (i)) stating that the specialist accredited checker has checked the amended geotechnical aspects of the geotechnical building works and that, to the best of the specialist accredited checker’s knowledge and belief, there is no inadequacy in the geotechnical aspects relating to those geotechnical 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 the qualified person prepared those amended plans.

when any written permission mentioned in section 12 of the Planning Act 1998 that has been granted in respect of any development of land involving the building works lapses pursuant to section 20 of that Act;

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.

the developer of those building works;

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.

a notification, signed by the developer of the building works, stating the date on which those building works are to start;

the names and particulars of —

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 geotechnical building works, the geotechnical engineer who is appointed under section 8 or 11 to supervise the geotechnical aspects of those geotechnical building works;

the following documents signed by the builder:

an acceptance of the builder’s 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;

the following documents signed by the qualified person or persons mentioned in paragraph (b):

a confirmation of his or her 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 or she has appointed in respect of the structural works in accordance with section 10(1) or (2); and(e)any other documents that the Commissioner of Building Control may require.

the developer of those building works;

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 any terms and conditions that the Commissioner of Building Control thinks fit to impose.

the developer of those building works;

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.

be made to the Commissioner of Building Control by or on behalf of the developer of the building works, advertisements, signboards or skysigns;

be in such form as the Commissioner of Building Control may require;

state the nature and extent of and the reasons for the proposed modification or waiver of those requirements; and(d)be accompanied by any plans and other particulars that may be prescribed in the building regulations.

all building works must be carried out under the supervision of an appropriate qualified person;

the structural elements of all such building works as are prescribed in the building regulations (called in this Act large building works) must 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, the construction of earth retaining and stabilising structures, or other critical structural works of all such building works as are prescribed in the building regulations (called in this Act small-scale building works) must be carried out under the immediate supervision of —

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.

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 or her control and direction.

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 of a day the contravention continues,and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction.

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 of a day 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 of a day during which the failure to comply continues after conviction.

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 of a day 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 of a day during which the failure to comply continues after conviction.

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);

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);

a builder to carry out those building works;

where the building works comprise wholly or partly of any geotechnical building works and if the builder in paragraph (c) does not appoint any of the following:

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 mentioned 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 mentioned in paragraph (b);

in respect of the detailed structural plans and design calculations of major building works —

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 mentioned in sub‑paragraph (i); and(f)where the building works comprise wholly or partly of any geotechnical building works —

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.

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, her or its place; and(b)within 7 days thereafter, notify the Commissioner of Building Control of that substitute appointment.

take all reasonable steps and exercise due diligence to ensure that the building works are designed in accordance with —

the provisions of this Act; and(ii)subject to section 6A, the requirements prescribed in the building regulations;

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 —

the site supervisor or the team of site supervisors (as the case may be) appointed under section 10;

the builder of those building works; and(iii)the qualified person appointed under section 8 or 11 to supervise those building works.

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 are 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), the qualified person must —

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; or(ii)obtain the certification of another person who has such requisite specialist knowledge or qualification in the application of the alternative solution as the Commissioner of Building Control may approve (called in this section a specialist in the alternative solution), that the alternative solution satisfies the objectives and performance requirements prescribed by the building regulations in respect of such building works.

take all reasonable steps and exercise due diligence in supervising and inspecting the building works or geotechnical building works (as the case may be) to ensure that those building works are being carried out in accordance with —

the provisions of this Act;

subject to section 6A, the building regulations;

the relevant plans approved by the Commissioner of Building Control; and(iv)any terms and conditions imposed by the Commissioner of Building Control;

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 those critical structural works of the building works are being carried out in accordance with —

the provisions of this Act;

subject to section 6A, the building regulations;

the relevant plans approved by the Commissioner of Building Control; and(iv)any terms and conditions imposed by the Commissioner of Building Control;

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;

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;

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.

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 geotechnical building works,becomes unwilling or unable, whether by reason of the termination of his or her appointment or for any other reason, to carry out his or her duties under this Act, the qualified person must, within 14 days of ceasing to carry out his or her duties, notify the Commissioner of Building Control and the builder of those building works of that fact.

appoint another site supervisor in his or her place; and(b)within 7 days thereafter, notify the Commissioner of Building Control of that substitute appointment.

any works relating to the structural elements of any major building works; or(b)the geotechnical aspects of the geotechnical building works,if the qualified person, or any nominee of the qualified person, is a partner, an officer or an employee of —

the developer of those building works;

the builder of those building works; or(e)an associate of the developer or builder mentioned in paragraph (c) or (d).

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 of a day 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 of a day during which the contravention continues after conviction.

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 of a day 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 of a day during which the contravention continues after conviction.

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 —

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and(d)in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day 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 of a day during which the contravention continues after conviction.

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.

a team of site supervisors comprising not less than any number of persons that may be prescribed in relation to the value of those large building works; or(b)at least one site supervisor, in any other case.

he or she possesses the initial practical experience and qualifications prescribed; and(b)he or she remains accredited with the Building and Construction Authority or a prescribed organisation.

the developer or builder of those building works; or(b)any associate of the developer or builder of those building works.

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 or her in accordance with section 9(1)(c) by a qualified person, and with any terms and conditions imposed by the Commissioner of Building Control.

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 of a day 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 of a day during which the contravention continues after conviction.

ensure that the building works are carried out in accordance with —

the provisions of this Act;

subject to section 6A, the building regulations;

the relevant plans approved by the Commissioner of Building Control and supplied to the builder 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;

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;

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 the builder by a qualified person under section 9(1)(c);

where no such qualified person has been appointed by the developer in respect of those building works, appoint —

an appropriate qualified person to prepare the plans of the building works;

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 geotechnical building works —

a geotechnical engineer (who may or may not be the same person mentioned in sub‑paragraph (i)) to prepare the plans relating to the geotechnical aspects of the geotechnical building works; and(B)a geotechnical engineer (who may or may not be the same person mentioned in sub‑paragraph (ii)) to supervise the geotechnical aspects of the geotechnical building works;

have an adequate number of construction supervisors working under the builder’s direction to assist the builder to ensure that paragraph (a) is complied with;

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;

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 any other duties that may be prescribed in the building regulations.

ensure that the specialist building works are carried out in accordance with —

the provisions of this Act;

subject to section 6A, the building regulations;

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;

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 any other duties that may be prescribed in the building regulations.

the developer or builder of those building works; or(b)any associate of the developer or builder of those building works.

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 or her appointment or for any other reason, to carry out his or her duties under this Act, the builder and specialist builder of those building works must cease or must not commence carrying out the building works until the developer or the builder appoints another appropriate qualified person in respect of those building works.

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 —

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and(d)in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day 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 of a day during which the contravention continues after conviction.

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.

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 of a day 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 of a day during which the contravention continues after conviction.

the occupation by any person of any building for the sole purpose of preventing any damage to the building 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.

limit the period for which the temporary occupation permit is granted;

require any work or alteration to the building to be carried out that 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.

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 of a day 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 of a day during which the contravention or failure to comply continues after conviction.

undertakes work which is required by this Act or the building regulations to be performed by an accredited checker when the person is not an accredited checker under this Division or when the person’s 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 the person is not a specialist accredited checker under this Division or when the person’s registration as such is suspended,shall be guilty of an offence.

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.

an accredited checker undertakes work on the accredited checker’s own behalf as an accredited checker in relation to building works the value of which is more than —

$10 million, if no other sum is prescribed under paragraph (b); or(ii)any other sum that the Minister may, by notification in the Gazette, specify; or(b)a specialist accredited checker undertakes work on the specialist accredited checker’s own behalf as a specialist accredited checker in relation to building works the value of which is more than the sum 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.

a register of accredited checkers registered under section 16;

a register of specialist accredited checkers registered under section 16; and(c)a register of accredited checking organisations registered under section 16,in which must be entered the names and prescribed particulars of the persons and organisations so registered.

in the case of the register of accredited checkers, that the person is not so registered or that the person’s registration has been suspended or cancelled;

in the case of the register of specialist accredited checkers, that the person is not so registered or that the person’s 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.

has paid the prescribed fee for the registration or renewal;

satisfies the Commissioner of Building Control that the person 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)satisfies any other requirements that may be prescribed for such registration or renewal.

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.

it is —

a partnership consisting wholly of professional engineers registered under the Professional Engineers Act 1991 or which is licensed under that Act to supply professional engineering services in Singapore; or(ii)a corporation licensed under the Professional Engineers Act 1991 to supply professional engineering services in Singapore; and(b)it satisfies the Commissioner of Building Control that it meets any requirements that may be prescribed for such registration or renewal.

an accredited checker;

a specialist accredited checker; or(c)an accredited checking organisation,must be made in such manner and must be accompanied by such documents and particulars as the Commissioner of Building Control may determine.

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.

obtained his or her registration or renewed registration by fraud or misrepresentation;

no longer satisfies any of the requirements in section 15(1) by virtue of which he or she was so registered;

is convicted of an offence involving fraud or dishonesty or an offence under this Act or the building regulations;

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;

has contravened or failed to comply with section 18(4) or (5);

has for any reason been censured or ordered to pay a financial penalty by a Disciplinary Committee under the Professional Engineers Act 1991 or has had his or her registration as a professional engineer under that Act revoked or suspended; or(g)has failed to meet any standards of performance that may be prescribed in the building regulations.

it obtained its registration or renewal of registration by fraud or misrepresentation;

it has contravened or failed to comply with section 18(4) or (5);

it has been convicted of an offence under this Act or the building regulations;

any accredited checker who is —

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;

it is no longer in a position to carry out the duties of an accredited checking organisation under this Act or the building regulations;

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 any standards of performance that may be prescribed in the building regulations.

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 or her under subsection (3).

the costs and expenses of any advocate and solicitor appointed under subsection (4)(b);

any reasonable expenses that the Commissioner of Building Control may pay to witnesses; and(c)any reasonable expenses that are necessary for the conduct of proceedings before the committee appointed under subsection (4)(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.

is appointed in respect of any major building works; or(b)is acting on behalf of an accredited checking organisation,must check the detailed structural plans and design calculations of the building works in accordance with the building regulations and must carry out any other duties that may be prescribed by those regulations.

if the accredited checker has any professional or financial interest in the building works shown in the plans described in the 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 —

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.

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

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;

he or she or any nominee of his or hers 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 or she is a partner or is in the employment of a person who has a professional or financial interest in the building works.

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 —

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;

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.

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

involvement in the building works as an accredited checker or a specialist accredited checker; and(b)entitlement to any fee paid for his or her function as an accredited checker or a specialist accredited checker,is not regarded as constituting a professional or financial interest.

an accredited checker;

a specialist accredited checker;

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 —

where the person is a corporation — a fine not exceeding $100,000; and(f)in any other case — a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.

the cessation of the building works until the order is withdrawn;

the demolition of the building; or(c)any work or alteration to the building or building works to be carried out that 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.

the manner in which the demolition, work or alteration specified in the order is to be carried out;

the time within which the demolition, work or alteration must commence;

the time within which the demolition, work or alteration must be completed;

that the demolition, work or alteration must be carried out with due diligence to the satisfaction of the Commissioner of Building Control.

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.