PART 2 | CONTROL OF BUILDING WORKS |
| Application to building works |
4.—(1) Except as otherwise expressly provided, this Part applies to all building works except —| (a) | building works for a temporary building or the occupation of any such building; | | (b) | [Deleted by Act 12 of 2020 wef 01/10/2025] | | (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. [47/2007] [Act 12 of 2020 wef 01/10/2025] |
| (2) Except as provided in subsection (1), the provisions in this Part and the building regulations made for the purposes of this Part (so far as relevant) apply to and in relation to fixed installation works as if the fixed installation works are building works with the prescribed exceptions, modifications and adaptations in the building regulations as the differences between fixed installation works and other building works require. [Act 12 of 2020 wef 01/10/2025] |
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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 must be made to the Commissioner of Building Control by the developer of those building works. [47/2007] (2) An application for approval of the plans of any building works must be accompanied by —| (a) | the application fee prescribed, if any; | | (b) | the names and particulars of —| (i) | the appropriate qualified person whom the developer of or the builder (being either a licensed general builder or licensed specialist builder) undertaking the building works has appointed to prepare the plans of those building works; and [Act 12 of 2020 wef 15/06/2024] | | (ii) | where the building works comprise wholly or partly of any geotechnical building works, the geotechnical engineer whom the developer of or the builder (being either a licensed general builder or licensed specialist builder) undertaking the building works has appointed to prepare the plans relating to the geotechnical aspects of those geotechnical building works; [Act 12 of 2020 wef 15/06/2024] |
| | (c) | the plans of the building works prepared in accordance with this Act and the building regulations; [Act 12 of 2020 wef 15/06/2024] | | (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 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; |
| | (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) | any other documents that may be prescribed in the building regulations. [47/2007; 22/2012] |
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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 must consider the application and may —| (a) | approve any one or more of the plans submitted to the Commissioner of Building Control, with or without conditions; | | (b) | 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. [47/2007] |
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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, the application for approval of those plans is, at the end of that period, deemed to be disapproved by the Commissioner of Building Control. [47/2007] [Act 12 of 2020 wef 15/06/2024] |
(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 geotechnical 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 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. [47/2007; 22/2012] |
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| (6) Despite subsection (5), the Commissioner of Building Control may 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. [47/2007] |
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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 must apply to the Commissioner of Building Control for his or her approval of the amended plans showing the proposed departure or deviation. [47/2007] (2) An application under subsection (1) must be accompanied by —| (a) | 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; | | (aa) | the names and prescribed particulars of —| (i) | the appropriate qualified person whom the developer or builder of the building works has appointed to prepare the amended plans; and | | (ii) | where the building works comprise wholly or partly any geotechnical building works, the geotechnical engineer whom the developer or builder of the building works has appointed to prepare the amended plans relating to the geotechnical aspects of those geotechnical building works; [Act 23 of 2023 wef 18/12/2023] |
| | (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 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; [Act 23 of 2023 wef 18/12/2023] |
| | (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; and [47/2007; 22/2012] [Act 23 of 2023 wef 18/12/2023] | | (d) | any other documents prescribed in the building regulations. [Act 23 of 2023 wef 18/12/2023] |
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| (3) The first approval granted under section 5 of any plans of building works ends and is 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). [47/2007] |
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| Plans of lodgment works deemed approved |
5AA.—(1) Despite section 5, the plans of any lodgment works are deemed approved by the Commissioner of Building Control, if all of the conditions in subsection (2) are satisfied.(2) The conditions mentioned in subsection (1) are as follows:| (a) | the developer of the lodgment works has lodged the plans of the lodgment works, together with the prescribed lodgment fee (if any) and information and documents prescribed under subsection (7)(b), with the Commissioner of Building Control; | | (b) | the plans comply with all prescribed requirements in this Act and the building regulations that are applicable to such plans; | | (c) | the developer has obtained a written acknowledgment of the lodgment from the Commissioner of Building Control. |
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| (3) The Commissioner of Building Control may issue a written acknowledgment to the developer without checking the plans and design calculations of the lodgment works, on the basis of the information and documents prescribed under subsection (7)(b) that are submitted with the plans. |
| (4) To avoid doubt, the written acknowledgment is only evidence that the plans of the lodgment works have been lodged with the Commissioner of Building Control, and is not evidence that the plans comply with the prescribed requirements mentioned in subsection (2)(b). |
(5) Without affecting subsection (3), if the Commissioner of Building Control is of the view that the plans of the lodgment works lodged with him or her do not comply with any prescribed requirement mentioned in subsection (2)(b), he or she may —| (a) | refuse to accept any further lodgment of the plans of those lodgment works; and | | (b) | direct the developer of the lodgment works to apply under section 5 for approval of the plans instead. |
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| (6) Nothing in this section prevents a developer from applying under section 5 for approval of the plans of any lodgment works, instead of lodging the plans of those works with the Commissioner of Building Control under this section. |
(7) The building regulations may —| (a) | prescribe as lodgment works any class of building works that have been assessed as suitable to be so prescribed because they are less complex building works; and | | (b) | prescribe the matters to be submitted with the plans for lodgment works (including any amended plans), including but not limited to —| (i) | the lodgment fee, if any; | | (ii) | the information or documents to be submitted with the plans or amended plans; | | (iii) | the timelines for making the plans or amended plans; and | | (iv) | the requirements that the plans or amended plans of the lodgment works must comply with. [Act 23 of 2023 wef 18/12/2023] |
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| Deviations from lodged building plans |
5AB.—(1) Where the plans of any lodgment works are deemed approved under section 5AA and the developer of the lodgment works intends to depart or deviate from the plans, then —| (a) | if the departure or deviation results in the building works no longer being lodgment works, the developer must apply under section 5 for approval of the plans of the proposed departure or deviation; or | | (b) | if paragraph (a) does not apply, the developer must —| (i) | comply with the conditions in section 5AA(2) in relation to the amended plans, and section 5AA applies accordingly in relation to such plans; or | | (ii) | apply under section 5 for approval of the plans of the proposed departure or deviation. |
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| (2) The first deemed approval under section 5AA of the plans of any lodgment works ends and is superseded to the extent that the plans of the proposed departure or deviation relating to those lodgment works are approved or deemed approved by the Commissioner of Building Control under section 5 or 5AA, as the case may be. [Act 23 of 2023 wef 18/12/2023] |
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| Lapsing or revocation of building plans approval |
5B.—(1) Any approval granted under section 5 or 5A, or deemed approval under section 5AA, in respect of any building works automatically lapses —| (a) | 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; | | (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. [47/2007] [Act 23 of 2023 wef 18/12/2023] |
| (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 or she 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. [47/2007] |
| (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 also automatically lapses. [47/2007] |
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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 (who is either a licensed general builder or licensed specialist builder) whom the developer has appointed in respect of those building works; and [Act 12 of 2020 wef 15/06/2024] | | (c) | the qualified person whom the developer or builder in paragraph (b) has appointed under section 8 or 11 to supervise those building works. [47/2007] [Act 12 of 2020 wef 15/06/2024] |
(2) An application for a permit to carry out structural works in any building works must 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 geotechnical building works, the geotechnical engineer who is appointed under section 8 or 11 to supervise the geotechnical aspects of those geotechnical building works; |
| | (c) | the following documents signed by the builder undertaking those building works, who is either a licensed general builder or licensed specialist builder:| (i) | 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; [Act 12 of 2020 wef 15/06/2024] |
| | (d) | the following documents signed by the qualified person or persons mentioned in paragraph (b):| (i) | 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. [47/2007; 22/2012] |
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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 if the builder is a licensed general builder or licensed specialist builder, as the case may be; and [Act 12 of 2020 wef 15/06/2024] | | (c) | the qualified person whom the developer or builder in paragraph (b) 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. |
[47/2007] [Act 12 of 2020 wef 15/06/2024] |
| (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. [47/2007] |
(5) Any permit to carry out structural works in any building works granted under this section is not transferable, and automatically lapses 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 in paragraph (b) has appointed under section 8 or 11 to supervise those building works. [47/2007] [Act 12 of 2020 wef 15/06/2024] |
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(6) In addition to subsection (5)(b), a permit to carry out structural works in any building works that is granted to a builder who is a licensed general builder or a licensed specialist builder automatically lapses if —| (a) | any of the following licences of the builder ceases to be in force:| (i) | the general builder’s licence; | | (ii) | the specialist builder’s licence relating to those structural works; and |
| | (b) | the Commissioner of Building Control does not waive the application of this subsection in the particular case. [Act 12 of 2020 wef 15/06/2024] |
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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 any terms and conditions that he or she may impose, any of the requirements of the building regulations. [47/2007] (2) Every application under subsection (1) must —| (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 the Commissioner of Building Control may require; | | (c) | 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. [47/2007] |
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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 must 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 (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 —| (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. [47/2007; 22/2012] |
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(2) Except as otherwise provided in this Act or the building regulations, a person must not commence or carry out the geotechnical aspects of any geotechnical 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 or her control and direction. [47/2007; 22/2012] |
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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 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. |
[47/2007] |
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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 must carry out or cause to be carried out any tests of or in connection with the building works that may be prescribed in the building regulations or required by the Commissioner of Building Control. [47/2007] | (2) Any tests prescribed, or required to be carried out, under subsection (1) must be carried out in the manner and at the places and times that may be prescribed in the building regulations. [47/2007] |
| (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 the Commissioner of Building Control is satisfied that the operation of that subsection in relation to that particular case would be unreasonable. [47/2007] |
| (4) An application under subsection (3) must be accompanied by any particulars that may be prescribed in the building regulations. [47/2007] |
| (5) If a qualified person fails to comply with subsection (1), the Commissioner of Building Control may, by written order served on the qualified person, every site supervisor, and the builder and specialist builder (if any) of the building works (being licensed under Part 5A*) and the developer, require the building works to cease until the order is withdrawn. [47/2007] [Act 12 of 2020 wef 15/06/2024] [*Updated to be consistent with the 2020 Revised Edition] |
(6) Without affecting the right of the Commissioner of Building Control to exercise his or her 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 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. |
[47/2007] |
(7) If any person on whom an order made under subsection (5) is served fails to comply with the order, the person 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 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. |
[47/2007] |
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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 must 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 who is licensed under Part 5A* to carry out those building works; [Act 12 of 2020 wef 15/06/2024] [*Updated to be consistent with the 2020 Revised Edition] | | (d) | 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:| (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 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); |
| | (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 mentioned in sub‑paragraph (i); and |
| | (f) | where the building works comprise wholly or partly of any geotechnical 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 licensed 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. [47/2007; 22/2012] [Act 12 of 2020 wef 15/06/2024] |
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| (1A) The developer of any building works must notify the Commissioner of Building Control of every appointment it makes under subsection (1)(c) and (f)(ii) (if any) within 14 days after making that appointment. [Act 12 of 2020 wef 15/06/2024] |
(2) If any qualified person, builder, licensed 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, her or its appointment or for any other reason, to carry out his, her or its respective duties under this Act, the developer must —| (a) | without delay appoint under subsection (1) another qualified person, builder, licensed specialist builder, accredited checker or specialist accredited checker (as the case may be) in his, her or its place; and [Act 12 of 2020 wef 15/06/2024] | | (b) | within 7 days thereafter, notify the Commissioner of Building Control of that substitute appointment. [47/2007] [Act 12 of 2020 wef 15/06/2024] |
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| (3) The developer of any building works must 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. [47/2007] |
| (4) Any developer of building works who, without reasonable excuse, fails to comply with subsection (1A) or (2)(b) shall be guilty of an offence. [47/2007] [Act 12 of 2020 wef 15/06/2024] |
| (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. [47/2007] |
| (6) It is a defence in any prosecution for a contravention of subsection (3) for the person charged to prove to the satisfaction of the court that the person did not know and could not reasonably have discovered the contravention mentioned in the charge. [47/2007] |
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| Duties of qualified persons and specialists |
9.—(1) Every qualified person who is appointed under section 8 or 11 to prepare the plans of any building works must —| (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 or deemed 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. [47/2007; 22/2012] [Act 23 of 2023 wef 18/12/2023] |
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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 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 —| (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; 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. [47/2007; 2/2012; 22/2012] |
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| (3) A specialist in the alternative solution must not issue any certification for the purposes of subsection (2)(b)(ii) unless the specialist in the alternative solution has taken all reasonable steps and exercised due diligence to ensure that the alternative solution in respect of which his or her 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. [47/2007; 22/2012] |
(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 geotechnical building works, must —| (a) | 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 —| (i) | the provisions of this Act; | | (ii) | subject to section 6A, the building regulations; | | (iii) | the relevant plans approved or deemed approved by the Commissioner of Building Control; and [Act 23 of 2023 wef 18/12/2023] | | (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 those 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 or deemed approved by the Commissioner of Building Control; and [Act 23 of 2023 wef 18/12/2023] | | (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. [47/2007; 22/2012] |
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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 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. |
[47/2007; 22/2012] |
(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 or her appointment or for any other reason, to carry out his or her duties under section 10(5), the qualified person appointed under section 8 or 11 to supervise the carrying out of the building works must —| (a) | 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. [47/2007] |
|
(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 geotechnical building works, must not supervise —| (a) | 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 — |
| (c) | the developer of those building works; | | (d) | the builder of those building works; or | | (e) | an associate of the developer or builder mentioned in paragraph (c) or (d). [47/2007; 22/2012] |
|
(8) If any qualified person appointed under section 8 or 11 to prepare the plans of any building works contravenes subsection (1)(a) or (2)(b), the qualified person 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 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. |
[47/2007; 22/2012] |
| (8A) If any specialist in the alternative solution mentioned in subsection (2)(b)(ii) contravenes subsection (3), the specialist in the alternative solution 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. [22/2012] |
(9) If any qualified person appointed under section 8 or 11 contravenes subsection (4)(a) or (b), the qualified person 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 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. |
[47/2007] |
(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 — |
| (c) | 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. |
[47/2007] |
(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. |
[47/2007] |
| (12) It is 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 the person did not know and could not reasonably have discovered the contravention mentioned in the charge. [47/2007] |
|
| 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 must 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 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. [47/2007] |
| (2) The appropriate qualified person appointed under section 8 or 11 to supervise the carrying out of any small‑scale building works must appoint at least one site supervisor, in respect of the critical structural elements of the small‑scale building works. [47/2007] |
(3) A person must not be appointed under this section as a site supervisor in respect of any building works for the purposes of this Act unless —| (a) | 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. [47/2007] |
|
(4) A site supervisor must not supervise any structural works of any major building works if the site supervisor, or any nominee of the site supervisor, 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. [47/2007] |
|
(5) Every site supervisor appointed under this section in respect of any building works must 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 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. |
[47/2007] |
| (6) If a site supervisor appointed in respect of 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 subsection (5), the site supervisor must, within 7 days of ceasing to carry out those duties, notify the Commissioner of Building Control of that fact. [47/2007] |
| (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. [47/2007] |
(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 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. |
[47/2007] |
| (9) Any site supervisor or qualified person who, without reasonable excuse, contravenes subsection (6) shall be guilty of an offence. [47/2007] |
|
11.—(1) A builder undertaking any building works must —| (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 or deemed approved by the Commissioner of Building Control and supplied to the builder by a qualified person under section 9(1)(c); and [Act 23 of 2023 wef 18/12/2023] | | (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 licensed specialist builder appointed in respect of specialist building works comprised in those same building works, all plans of those building works approved or deemed approved by the Commissioner of Building Control and supplied to the builder by a qualified person under section 9(1)(c); [Act 23 of 2023 wef 18/12/2023] [Act 12 of 2020 wef 15/06/2024] | | (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 geotechnical building works —| (A) | 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; |
|
| | (e) | 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; | | (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; | | (fa) | at all times before the completion of the building works the builder is undertaking, hold a licence under Part 5A* authorising the builder to carry out those building works; [Act 12 of 2020 wef 15/06/2024] [*Updated to be consistent with the 2020 Revised Edition] | | (g) | no later than the 14th day after the appointment or termination of any licensed specialist builder (including the builder undertaking the building works) in respect of any specialist building works comprised in those building works, notify the Commissioner of Building Control of that appointment or termination, as the case may be; and [Act 12 of 2020 wef 15/06/2024] | | (h) | comply with any other duties that may be prescribed in the building regulations. [47/2007; 22/2012] |
(2) A licensed specialist builder undertaking any specialist building works must —| (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 or deemed approved by the Commissioner of Building Control; and [Act 23 of 2023 wef 18/12/2023] | | (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; |
| | (aa) | no later than the 7th day after the completion of the specialist building works —| (i) | certify that the specialist building works have been carried out in accordance with paragraph (a); and | | (ii) | submit the certificate in respect of the matters in sub-paragraph (i) to the Commissioner of Building Control; [Act 12 of 2020 wef 15/06/2024] |
| | (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 licensed specialist builder knows or ought reasonably to know; and [Act 12 of 2020 wef 15/06/2024] | | (c) | comply with any other duties that may be prescribed in the building regulations. [47/2007] [Act 12 of 2020 wef 15/06/2024] |
|
(3) Without limiting subsection (2), a licensed specialist builder who is appointed by the developer under section 8(1)(f)(ii) in respect of any building works must 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 the licensed specialist builder, or any nominee of the licensed specialist builder, 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. [47/2007] [Act 12 of 2020 wef 15/06/2024] |
|
| (4) If any builder or licensed 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 the builder’s or specialist builder’s appointment or for any other reason, to carry out the builder’s or specialist builder’s duties under subsection (1) or (2), the builder or licensed specialist builder (as the case may be) must, within 14 days of ceasing to carry out the builder’s or specialist builder’s duties, notify the Commissioner of Building Control of that fact. [47/2007] [Act 12 of 2020 wef 15/06/2024] |
(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 or her appointment or for any other reason, to carry out his or her duties under this Act, the builder and licensed 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. |
[47/2007] [Act 12 of 2020 wef 15/06/2024] |
| (6) A builder who contravenes subsection (1)(a), or a licensed specialist builder who contravenes subsection (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. [47/2007] [Act 12 of 2020 wef 15/06/2024] |
(7) If —| (a) | a builder contravenes subsection (1)(b) or (c); or | | (b) | a licensed specialist builder contravenes subsection (2)(b), |
| the builder or licensed specialist builder (as the case may be) shall be guilty of an offence and shall be liable on conviction — |
| (c) | 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 licensed specialist builder contravenes subsection (1)(b) or (c) or (2)(b), |
| and if the contravention continues after the conviction, the builder or licensed 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. |
[47/2007] [Act 12 of 2020 wef 15/06/2024] |
| (8) It is a defence in any prosecution for a contravention of subsection (1)(b) or (2)(b) for the builder or licensed specialist builder to prove to the satisfaction of the court that the builder or licensed specialist builder did not know nor could reasonably have discovered the contravention or non‑compliance mentioned in the charge. [47/2007] [Act 12 of 2020 wef 15/06/2024] |
(9) If —| (a) | a builder, without reasonable excuse, contravenes subsection (1)(d), (e), (f), (g) or (h) or (4); or | | (b) | a licensed specialist builder, without reasonable excuse, contravenes subsection (2)(aa) or (c) or (4), |
| the builder or licensed specialist builder (as the case may be) shall be guilty of an offence. |
[47/2007] [Act 12 of 2020 wef 15/06/2024] |
(10) Any builder or licensed 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 of a day the contravention continues, |
| and if the contravention continues after the conviction, the builder or licensed 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. |
[47/2007] [Act 12 of 2020 wef 15/06/2024] |
(11) To avoid doubt —| (a) | a builder undertaking any building works is responsible for complying with subsection (1)(a); and | | (b) | a licensed specialist builder undertaking any specialist building works is responsible for complying with subsection (2)(a), |
| despite the builder or licensed specialist builder (as the case may be) entering into a contract or an arrangement with a sub-contractor to execute the whole or any part of those building works or specialist building works, as the case may be. |
[Act 12 of 2020 wef 15/06/2024] |
|
| Division 5 — Building occupancy |
| 12.—(1) Except as otherwise provided in this Act, a person must not occupy, or permit or cause to be occupied, any building 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. [47/2007; 22/2012] | (1A) An application for a certificate of statutory completion in respect of any building must be made to the Commissioner of Building Control in the prescribed manner and accompanied by any certificates or written approvals required to be obtained in respect of the building that may be prescribed. [22/2012] |
(2) Nothing in subsection (1) prohibits —| (a) | 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. [47/2007; 22/2012] |
|
| (2A) An application for a temporary occupation permit in respect of any building must be made to the Commissioner of Building Control in the prescribed manner and accompanied by any certificates or written approvals required to be obtained in respect of the building that may be prescribed. [22/2012] |
(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 any written directions that 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 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. [47/2007] |
|
| (4) A temporary occupation permit is only prima facie evidence that a building is suitable for occupation and is not to be taken to be evidence of compliance with the provisions of this Act, the building regulations or any other written law. [47/2007] |
| (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. [47/2007] |
(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 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. |
[47/2007] |
|
| 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 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. |
[47/2007] (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. |
[47/2007] |
(3) If —| (a) | 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 —| (i) | $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. |
[47/2007] |
| (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. [47/2007] |
|
| Register of accredited checkers, etc. |
14.—(1) The Commissioner of Building Control must 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 must be entered the names and prescribed particulars of the persons and organisations so registered. |
[47/2007] (2) The absence of the name of any person or organisation from the registers kept under subsection (1) is prima facie evidence that —| (a) | 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; | | (b) | 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. [47/2007] |
|
| (3) The registers mentioned in subsection (1) must be kept and maintained at the office of the Commissioner of Building Control and must be available for inspection by any person without charge during office hours. [47/2007] |
|
| 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 the person’s registration, as an accredited checker or as a specialist accredited checker (as the case may be) is eligible to be so registered or have the person’s registration so renewed if, and only if the person —| (a) | has paid the prescribed fee for the registration or renewal; | | (b) | 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. [47/2007] |
(2) Without limiting 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. [47/2007] |
|
(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 is 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 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. [47/2007] |
|
|
| 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, |
| must be made in such manner and must be accompanied by such documents and particulars as the Commissioner of Building Control may determine. |
[47/2007] (2) Upon receiving an application under subsection (1), or an application to renew such registration, the Commissioner of Building Control must 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. [47/2007] |
|
| (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 or she must issue to that person a certificate of such accreditation. [47/2007] |
| (4) Every registration as an accredited checker, a specialist accredited checker or an accredited checking organisation is, unless earlier cancelled under section 17, valid for the period specified therein (being not longer than 12 months), and upon its expiry, that registration may be renewed for the period specified (being also not longer than 12 months). [47/2007] |
| (5) The Commissioner of Building Control may appoint a committee of persons to assist him or her in considering applications for registration, or renewal of registration, as an accredited checker, a specialist accredited checker or an accredited checking organisation. [47/2007] |
|
| 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 or her 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 or she 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 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. [47/2007] |
(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 the Commissioner of Building Control 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 any standards of performance that may be prescribed in the building regulations. [47/2007] |
|
| (3) The Commissioner of Building Control must not exercise his or her 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 or her powers. [47/2007] |
(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 or her under subsection (3). |
[47/2007] |
| (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 the Commissioner of Building Control any sum that he or she 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). [47/2007] |
(6) The costs and expenses mentioned in subsection (5) include —| (a) | the costs and expenses of any advocate and solicitor appointed under subsection (4)(b); | | (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). [47/2007] |
|
(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, the Commissioner of Building Control must —| (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. [47/2007] |
|
| (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, her or its name and particulars are to be reinstated on the respective register under section 14, and his, her or its certificate of accreditation is to be restored. [47/2007] |
| (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 must, 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. [47/2007] |
| (10) The Commissioner of Building Control must cancel the registration of an accredited checker or a specialist accredited checker who has died or whose registration has been cancelled under subsection (11). [47/2007] |
| (11) If the Commissioner of Building Control has cancelled the registration of a person as an accredited checker under subsection (1), he or she must also cancel the registration of the person as a specialist accredited checker. [47/2007] |
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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, |
| 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. |
[47/2007] | (2) The specialist accredited checker appointed under section 8(1) in respect of any geotechnical building works must check the geotechnical aspects of those building works in accordance with the building regulations and must carry out any other duties that may be prescribed by those regulations. [47/2007; 22/2012] |
| (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. [47/2007] |
(4) An accredited checker must 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 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 —| (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. |
[47/2007] |
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| (5) A specialist accredited checker must not issue a certificate under section 5(2)(d) or 5A in respect of the geotechnical aspects of any geotechnical building works if the specialist accredited checker has any professional or financial interest in the geotechnical building works shown in the plans described in the certificate. [47/2007; 22/2012] |
(6) An accredited checker is regarded as having a professional or financial interest in any building works if —| (a) | 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 —| (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 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. [47/2007] |
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(7) An accredited checking organisation is 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. [47/2007] |
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(8) For the purposes of this Act —| (a) | 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. [47/2007] |
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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 or her function as an accredited checker or a specialist accredited checker, |
| is not regarded as constituting a professional or financial interest. |
[47/2007] |
(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 — |
| (e) | 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. [47/2007] |
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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 written order require —| (a) | the cessation of the building works until the order is withdrawn; | | (b) | 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. [47/2007] |
(2) An order made under subsection (1) must 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 must commence; | | (c) | the time within which the demolition, work or alteration must be completed; | | (d) | that the demolition, work or alteration must be carried out with due diligence to the satisfaction of the Commissioner of Building Control, and at the cost of the person on whom the order is served under subsection (3). [47/2007] [Act 12 of 2020 wef 01/01/2022] |
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(3) An order made under subsection (1) must 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. [47/2007] |
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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, any building or building works or take any other steps that 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 the Commissioner of Building Control in the exercise of his or her powers under this section from the person in default. [47/2007] |
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(5) Without affecting the right of the Commissioner of Building Control to exercise his or her 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 of a day 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 of a day during which the failure to comply continues after conviction. |
[47/2007] |
| (6) The Commissioner of Building Control may seize any materials resulting from the carrying out of any work under subsection (4). [47/2007] |
| (7) This section applies to any building works, whether or not for or connected with any temporary building. [47/2007] |
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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 geotechnical building works) the plans of which have not been approved or deemed approved by the Commissioner of Building Control under section 5, 5A or 5AA; or [Act 23 of 2023 wef 18/12/2023] | | (b) | any building works (including geotechnical 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 — |
| (c) | to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years 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 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. |
[47/2007; 22/2012] (1A) In proceedings for an offence under subsection (1) in relation to any lodgment works the plans of which —| (a) | have been lodged with the Commissioner of Building Control for the purpose of section 5AA; but | | (b) | were not deemed approved because section 5AA(2)(b) was not complied with, |
| it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused reasonably believed that section 5AA(2)(b) had been complied with. |
[Act 23 of 2023 wef 18/12/2023] |
(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 — |
| (c) | 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 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. |
[47/2007] |
| (3) Any person 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 or deemed approved by the Commissioner of Building Control under section 5, 5A or 5AA 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. [47/2007] [Act 12 of 2020 wef 01/01/2022] [Act 23 of 2023 wef 18/12/2023] |
(4) In proceedings for an offence under subsection (3) —| (a) | it is not necessary for the prosecution to prove that an accused knew that the building works concerned deviate in any material way from any plans of the building works approved or deemed approved by the Commissioner of Building Control under section 5, 5A or 5AA; but [Act 23 of 2023 wef 18/12/2023] | | (b) | it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused did not know and could not reasonably have known the plans of those building works approved or deemed approved by the Commissioner of Building Control under section 5, 5A or 5AA. [Act 12 of 2020 wef 01/01/2022] [Act 23 of 2023 wef 18/12/2023] |
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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. [47/2007] | (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. [47/2007] |
| (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 any directions in the matter that he or she thinks fit, and the decision of the Minister is final. [47/2007] |
| (4) Every pecuniary penalty or part thereof outstanding is recoverable as a debt due to the Building and Construction Authority. [47/2007] |
| (4A) All sums collected under this section must be paid into the Consolidated Fund. [Act 12 of 2020 wef 01/01/2022] |
| (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 are deemed to have been carried out without contravening section 20. [47/2007] |
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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; | | (e) | section 15 for registration, or for the renewal of registration, as an accredited checker, a specialist accredited checker or an accredited checking organisation; or | | (f) | section 22FC for registration, or for the renewal of registration, as an energy auditor, |
| 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. |
[47/2007; 22/2012] [Act 28 of 2024 wef 30/09/2025] | (1A) Where the Commissioner of Building Control has made a decision under section 5AA(5)(a) and (b), the developer concerned may appeal to the Minister against the decision within 14 days after being served with the notice of the decision. [Act 23 of 2023 wef 18/12/2023] |
| (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. [47/2007] |
| (2A) If the Commissioner of Building Control has cancelled or suspended the registration of an energy auditor under section 22FD, the energy auditor concerned may appeal to the Minister against the cancellation or suspension within 14 days after being served with the notice of the cancellation or suspension. [22/2012] [Act 28 of 2024 wef 30/09/2025] |
| (3) In any appeal under this section in relation to the conviction of an accredited checker, a specialist accredited checker, an accredited checking organisation or an energy auditor for a criminal offence, the Minister on appeal from any order or decision of the Commissioner of Building Control is to accept the conviction as final and conclusive. [47/2007; 22/2012] |
| (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 written representations, dismiss or allow the appeal, unconditionally or subject to any conditions that he or she thinks fit. [47/2007] |
| (5) The decision of the Minister in any appeal under this section is final. [47/2007] |
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