On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 01/12/2012.
19.
—(1) Where, in the opinion of the Commissioner of Building Control, any building has been erected, or any building works are or have been carried out, in contravention of the provisions of this Act or the building regulations, the Commissioner of Building Control may by order in writing require —
(a)
the cessation of the building works until the order is withdrawn;
(b)
the demolition of the building; or
(c)
such work or alteration to the building or building works to be carried out as may be necessary to cause the same to comply with the provisions of this Act and the building regulations or otherwise to put an end to the contravention thereof.
(2) An order made under subsection (1) shall specify all or any of the following:
(a)
the manner in which the demolition, work or alteration specified in the order is to be carried out;
(b)
the time within which the demolition, work or alteration shall commence;
(c)
the time within which the demolition, work or alteration shall be completed;
(d)
that the demolition, work or alteration shall be carried out with due diligence to the satisfaction of the Commissioner of Building Control.
(3) An order made under subsection (1) shall be served —
(a)
where a building has been erected, on the owner or occupier of the building; and
(b)
where building works are being carried out, on the developer of the building works or the builder carrying out the building works.
(4) If an order made under subsection (1) is not complied with, the Commissioner of Building Control may —
(a)
demolish, remove or alter, or cause to be demolished, removed or altered, such building or building works or take such other steps as appear to the Commissioner of Building Control to be necessary, including ordering the closure of the building; and
(b)
recover all expenses reasonably incurred by him in the exercise of his powers under this section from the person in default.
(5) Without prejudice to the right of the Commissioner of Building Control to exercise his powers under subsection (4), if any person on whom an order made under subsection (1) is served fails to comply with the order, that person shall be guilty of an offence and shall be liable on conviction —
(a)
to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both; and
(b)
in respect of a continuing failure to comply, to an additional fine not exceeding $500 for each day or part thereof the failure to comply continues,
and if the failure to comply continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part thereof during which the failure to comply continues after conviction.
(6) The Commissioner of Building Control may seize any materials resulting from the carrying out of any work under subsection (4).
(7) This section shall apply to any building works, whether or not for or connected with any temporary building.
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 by the Commissioner of Building Control under section 5 or 5A; or
(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 —
(i)
to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and
(ii)
in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof the contravention continues,
and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part thereof during which the contravention continues after conviction.
(2) Any person who contravenes any term or condition of —
(a)
an approval of plans of any building works under section 5 or 5A; or
(b)
a permit to carry out any building works under section 6,
shall be guilty of an offence and shall be liable on conviction —
(i)
to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and
(ii)
in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof the contravention continues,
and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part thereof during which the contravention continues after conviction.
(3) Any developer of any building works and any qualified person, site supervisor or builder directly concerned with the building works who, in carrying out the building works deviates, or permits or authorises the building works to deviate, in any material way from any plans of the building works approved by the Commissioner of Building Control under this Part shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.
21.
—(1) Whether or not proceedings have been instituted against any person for an offence under section 20 in respect of any building works, the Commissioner of Building Control may require the person to pay a sum not exceeding 10 times the prescribed fees for the approval of plans of the building works or which would have been payable had each approval been obtained, for those building works, where it appears to the Commissioner of Building Control that such an offence has been committed.
(2) Any person who is aggrieved by a decision of the Commissioner of Building Control under subsection (1) may, within 14 days of being notified of the decision, appeal to the Minister against the decision.
(3) Where an appeal is made to the Minister under subsection (2), the Minister may confirm, vary or reverse the decision of the Commissioner of Building Control, or give such directions in the matter as he thinks fit, and the decision of the Minister shall be final.
(4) Every pecuniary penalty or part thereof outstanding shall be recoverable as a debt due to the Building and Construction Authority.
(5) On acceptance by the Commissioner of Building Control of the pecuniary penalty imposed under this section, the unauthorised building works in respect of which the penalty is paid shall be deemed to have been carried out without contravening section 20.
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 22FG 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.
(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.
(2A) If the Commissioner of Building Control has cancelled or suspended the registration of an energy auditor under section 22FI, 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.
(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 shall accept the conviction as final and conclusive.
(4) Where an appeal is brought under this section from a decision of the Commissioner of Building Control, the Minister may, after giving the aggrieved appellant an opportunity to make representations in writing, dismiss or allow the appeal, unconditionally or subject to such conditions as he thinks fit.
(5) The decision of the Minister in any appeal under this section shall be final.