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 30/12/1999.
PART II
Control of Building Works
4. Except as otherwise expressly provided, this Part shall not apply to —
(a)
any temporary building or to the occupation of any such building;
(b)
any building works specified in the Schedule; and
(c)
any installation or retrofitting works relating to air-conditioning units referred to in Part III.
[18/95; 2/91; 36/99]
5.
—(1) Except as otherwise provided in this Act, no person shall commence or carry out, or permit or authorise the commencement or carrying out of, any building works unless —
(a)
the Commissioner of Building Control has approved all the plans of the building works under section 6; and
(b)
there is in force a permit granted by the Commissioner of Building Control under section 7 to carry out the building works shown in the approved plans of the building works.
[4/99]
(2) Notwithstanding subsection (1), a person may commence or carry out, or permit or authorise the commencement or carrying out of, building works if —
(a)
the Commissioner of Building Control has approved the plans relating to the structural elements of those building works under section 6; and
(b)
there is in force a permit to carry out those building works granted under section 7.
[4/99]
(3) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
6.
—(1) Subject to the provisions of this Act, the person for whom any proposed building works are to be commenced or carried out may apply to the Commissioner of Building Control for approval of the plans of the building works and such application shall be accompanied by —
(a)
the prescribed fee;
(b)
the plans of the building works prepared in accordance with the building regulations;
(c)
unless otherwise prescribed, a certificate by an accredited checker in respect of the plans relating to the structural elements of the building works stating that, to the best of his knowledge and belief, the plans so checked do not show any inadequacy in the key structural elements of the building to be erected or affected by building works carried out in accordance with those plans; and
(d)
such other documents as may be prescribed in the building regulations.
[4/99]
(2) The Commissioner of Building Control may —
(a)
approve, subject to such terms and conditions as he may impose or disapprove, any one or more of the plans submitted to him under subsection (1); or
(b)
in writing direct the applicant to comply, within such period as may be specified in the direction, with such requirements as the Commissioner of Building Control may specify for the purpose of ensuring compliance with the provisions of this Act and the building regulations.
[18/95; 4/99]
(3) Subject to the provisions of this Act, every person for whom any building works are or are to be carried out shall, before making any application under subsection (1), appoint an appropriate qualified person in respect of those works.
[18/95]
(4) The qualified person shall, within such period as may be specified by the Commissioner of Building Control or such other period as may be extended by the Commissioner of Building Control, comply with any written direction given by the Commissioner of Building Control under subsection (2) and resubmit the plans of the building works, failing which the plans shall be deemed to have been disapproved by the Commissioner of Building Control.
[18/95; 4/99]
(5) Where an application for the approval of the detailed structural plans of any building works is accompanied by the certificate of an accredited checker as required under subsection (1)(c) certifying that, to the best of the knowledge and belief of the accredited checker, the detailed structural plans and design calculations which are checked and reviewed by him do not show any inadequacy in the key structural elements of the building shown therein, the Commissioner of Building Control may, without checking those plans or design calculations, approve those plans on the basis of the certificate and evaluation report of the accredited checker.
[18/95; 4/99]
(6) Notwithstanding subsection (5), the Commissioner of Building Control may, in his discretion, carry out random checks on any of the detailed structural plans and design calculations of any building works before approving those plans under that subsection.
[18/95; 4/99]
(7) Where the plans of any building works or proposed building works have been approved by the Commissioner of Building Control under subsection (2)(a) and the person for whom the building works are or are to be carried out intends to depart or deviate from the plans approved, that person shall apply to the Commissioner of Building Control for his approval of the plans showing the proposed departure or deviation.
[4/99]
(8) An application under subsection (7) shall be accompanied by the latter plans and, unless otherwise prescribed, by a certificate of an accredited checker in respect of such of the latter plans relating to the structural elements of the building works or proposed building works stating that, to the best of the knowledge and belief of the accredited checker, those plans do not show any inadequacy in the key structural elements of the building to be erected or affected by building works carried out in accordance with those plans.
(9) Any approval granted in respect of building works under this section shall automatically lapse —
(a)
in cases where written permission has been granted by the competent authority under the Planning Act (Cap. 232) in respect of any development of land involving the building works, if the written permission lapses pursuant to section 20 of that Act;
(b)
if the building works are not commenced within the prescribed period; or
(c)
in cases where no written permission is granted under section 14 of the Planning Act in respect of those building works, if the building works are suspended for a continuous period of more than 6 months.
[18/95; 3/98]
(10) The Commissioner of Building Control may, at any time, revoke any approval granted in respect of any building works under subsection (2)(a) if he is satisfied that any information given in the application for approval or any document submitted to the Commissioner of Building Control in respect of the application for approval is false in a material particular.
[18/95; 4/99]
(11) Where the Commissioner of Building Control has revoked under subsection (10) any approval granted in respect of any building works, any permit, certificate of statutory completion and temporary occupation permit granted in respect of the building works under this Act shall automatically lapse.
[18/95; 4/99]
7.
—(1) An application for a permit to carry out building works shall be made by the person for whom the building works are to be commenced or carried out, the qualified person and the builder appointed in respect of the building works, and shall be accompanied by —
(a)
a notification, signed by the person for whom the building works are to be commenced or carried out, of the date upon which the building works are to be commenced;
(b)
a confirmation signed by the qualified person of his appointment in respect of the building works under section 6(3);
(c)
where appropriate, a notification signed by the qualified person of the appointment of a site supervisor in respect of the building works and a confirmation of the appointment signed by the site supervisor;
(d)
an acceptance of his appointment in respect of the building works under section 11 and an undertaking of responsibility for strict compliance with the provisions of this Act and the building regulations, both of which shall be signed by the builder; and
(e)
such other documents as the Commissioner of Building Control may require.
[18/95; 4/99]
(2) The Commissioner of Building Control may, on an application made under subsection (1), grant, subject to such terms and conditions as he may impose, a permit to carry out any building works.
[4/99]
(3) The Commissioner of Building Control may revoke a permit to carry out any building works if —
(a)
the building works, if commenced, are suspended for a continuous period of more than 3 months; or
(b)
the building works have been or are being carried out in such a manner as, in the opinion of the Commissioner of Building Control —
(i)
will cause, or will be likely to cause, a risk of injury to any person or damage to any property;
(ii)
will cause, or will be likely to cause, a total or partial collapse of any adjoining or other building or street or natural, formed or man-made land; or
(iii)
will render, or will be likely to render, any adjoining or other building or street or natural, formed or man-made land so dangerous that it will collapse or be likely to collapse either totally or partially.
[4/99]
(4) Any permit granted under this section to any person to carry out any building works shall automatically lapse if the person, for any reason, ceases to be —
(a)
the person for whom the building works are to be commenced or carried out;
(b)
the qualified person appointed in respect of the building works; or
(c)
the builder of those building works.
8.
—(1) Except as otherwise provided in this Act or the building regulations, no person shall commence or carry out —
(a)
any building works except under the supervision of an appropriate qualified person;
(b)
the structural elements of a prescribed class of building works except under the full-time supervision of a site supervisor ; or
(c)
concreting, piling, pre-stressing, tightening of high-friction grip bolts or other critical structural works of a prescribed class of building works except under the immediate supervision of a site supervisor or qualified person.
(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
9.
—(1) If any qualified person appointed under section 6(3) becomes unwilling or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his duties under this Act —
(a)
the qualified person shall, within 14 days of his ceasing to carry out his duties, notify the Commissioner of Building Control and the builder of the building works of that fact; and
(b)
the builder shall cease or shall not commence the building works until the person for whom the building works are being or are to be carried out appoints another appropriate qualified person in respect of those building works.
[18/95; 4/99]
(2) Where the person for whom any building works are or are to be carried out appoints a qualified person under subsection (1)(b), he shall, within 7 days, notify the Commissioner of Building Control of the appointment.
[4/99]
(3) Every qualified person appointed under section 6(3) shall —
(a)
take all reasonable steps and exercise due diligence in supervising and inspecting the building works to ensure that the building works are being carried out in accordance with the provisions of this Act and, subject to section 14, the building regulations, with the plans approved in respect thereof by the Commissioner of Building Control and with 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 any building works to which section 8(1)(c) applies to ensure that such critical structural works of the building works are being carried out in accordance with the provisions of this Act and, subject to section 14, the building regulations, with the plans approved in respect thereof by the Commissioner of Building Control and with any terms and conditions imposed by the Commissioner of Building Control;
(c)
notify the Commissioner of Building Control of any contravention of the provisions of this Act or the building regulations in connection with those building works;
(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;
(f)
notify the Commissioner of Building Control if the building works have been suspended for a period of more than 3 months; and
(g)
supply to the site supervisor and builder of building works a copy of every plan of those building works approved by the Commissioner of Building Control.
[18/95; 4/99]
(4) Any person who contravenes or fails to comply with subsection (1)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
(5) Any qualified person who contravenes or fails to comply with subsection (3)(a), (b), (c), (d) or (e) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction.
(6) It shall be a defence in any prosecution for a contravention or non-compliance with subsection (3)(c) for the person charged to prove to the satisfaction of the court that he did not know nor could reasonably have discovered the contravention or non-compliance referred to in the charge.
(7) Any qualified person or person for whom any building works are or are to be carried out , as the case may be, who, without reasonable excuse, contravenes or fails to comply with subsection (1)(a), (2)or (3) (f) or (g) shall be guilty of an offence.
10.
—(1) Where the structural elements of any building works are required by section 8(1)(b) to be carried out under the full-time supervision of a site supervisor, the qualified person appointed under section 6(3) in respect of those building works shall appoint not less than one site supervisor in respect of the structural elements of those building works.
[18/95]
(2) Where the critical structural works of any building works are required by section 8(1)(c) to be carried out under the immediate supervision of a site supervisor or qualified person, the qualified person appointed under section 6(3) in respect of those building works may appoint one or more site supervisors in respect of the critical structural works of those building works.
[18/95]
(3) No person shall be appointed as a site supervisor in respect of any building works for the purposes of this Act unless he possesses the prescribed practical experience and qualifications.
(4) If a site supervisor appointed in respect of any building works becomes unwilling or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his duties under subsection (5) —
(a)
the site supervisor shall, within 7 days of his ceasing to carry out such duties, notify the Commissioner of Building Control of that fact; and
(b)
the qualified person appointed under section 6(3) in respect of those building works shall —
(i)
appoint another site supervisor in his place; and
(ii)
notify the Commissioner of Building Control of such appointment within 7 days thereof.
[18/95; 4/99]
(5) Every site supervisor of building works shall take all reasonable steps and exercise due diligence in giving —
(a)
in relation to building works to which section 8(1)(b) applies — full-time supervision to the carrying out of the structural elements of the building work; or
(b)
in relation to building works to which section 8(1)(c) applies — immediate supervision to the carrying out of the critical structural works of the building works,
to ensure that the structural elements or critical structural works, as the case may be, of the building works are carried out in accordance with the plans of the building works supplied to him in accordance with section 9(3)(g) by a qualified person and with any terms and conditions imposed by the Commissioner of Building Control.
[4/99]
(6) Any site supervisor who contravenes or fails to comply with subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction.
(7) Any site supervisor or qualified person who, without reasonable excuse, contravenes or fails to comply with subsection (4)(a) or (b)(ii), respectively, shall be guilty of an offence.
11.
—(1) Every person for whom building works are to be carried out shall appoint a builder in respect thereof.
(2) If any builder appointed in respect of building works becomes unwilling to act or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his duties under subsection (4) —
(a)
the builder shall, within 14 days of his ceasing to carry out his duties, notify the Commissioner of Building Control of that fact; and
(b)
the person for whom building works are to be or are being carried out shall appoint another builder in his place.
[4/99]
(3) Where the person for whom building works are to be or are being carried out appoints another builder under subsection (2)(b), he shall within 7 days thereafter, notify the Commissioner of Building Control of the appointment.
(4) A builder undertaking any building works shall —
(a)
ensure that the building works are carried out in accordance with the plans of the building works supplied to him in accordance with section 9(3)(g) by a qualified person and with any term or condition imposed by the Commissioner of Building Control in accordance with the provisions of this Act and, subject to section 14, the building regulations;
(b)
notify the Commissioner of Building Control of any contravention of the provisions of this Act or the building regulations in connection with those building works;
(c)
keep at the premises on which the building works are carried out all plans of those building works supplied to him in accordance with section 9(3)(g) by a qualified person; and
(d)
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 14, the building regulations and shall within that period deliver such certificate to the Commissioner of Building Control.
[4/99]
(5) Any person who contravenes or fails to comply with subsection (4)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.
(6) Any person who contravenes or fails to comply with subsection (4)(b) or (c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction.
(7) It shall be a defence in any prosecution for a contravention of or non-compliance with subsection (4)(b) for the person charged to prove to the satisfaction of the court that he did not know nor could reasonably have discovered the contravention or non-compliance referred to in the charge.
(8) Any person who, without reasonable excuse, contravenes or fails to comply with subsection (2)(a), (3) or (4)(d) shall be guilty of an offence.
12.
—(1) Subject to subsection (3), the qualified person appointed under section 6(3) in respect of the structural elements of any building works shall carry out or cause to be carried out such tests of or in connection with the building works as may be prescribed or required by the Commissioner of Building Control.
[18/95; 4/99]
(2) Any tests that may be prescribed, or required to be carried out, under subsection (1) shall be carried out in such manner and at such places and times as may be prescribed in the building regulations.
(3) The Commissioner of Building Control may, on an application in relation to any particular building works, give a direction waiving the operation of subsection (1) in relation to those building works if he is satisfied that the operation of subsection (1) in relation to that particular case would be unreasonable.
[4/99]
(4) An application under subsection (3) shall be accompanied by such particulars as may be prescribed.
(5) If a qualified person fails to comply with subsection (1), the Commissioner of Building Control may, by order in writing served on the qualified person, site supervisor and builder of the building works and the person for whom the building works are carried out, require the building works to cease until the order is withdrawn.
[4/99]
(6) Without prejudice to the right of the Commissioner of Building Control to exercise his power under subsection (5), any qualified person who fails to comply with any requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
[4/99]
(7) If any person on whom an order made under subsection (5) is served fails to comply with the order, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
13.
—(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.
[4/99]
(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; and
(d)
that the demolition, work or alteration shall be carried out with due diligence to the satisfaction of the Commissioner of Building Control.
[18/95; 4/99]
(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; or
(b)
where building works are being carried out, on the person for whom the works are being carried out or the builder carrying out the building works.
[2/91]
(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.
[2/91; 4/99]
(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 to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction.
[4/99]
(6) The Commissioner of Building Control may seize any materials resulting from the carrying out of any work under subsection (4).
[4/99]
(7) This section shall apply to any building works, whether or not for or connected with any temporary building.
[18/95]
14.
—(1) The Commissioner of Building Control may, on receipt of an application in relation to any particular building works, advertisements, signboards or skysigns, modify or waive, subject to such terms and conditions as he may impose, any of the requirements of the building regulations.
[18/95; 4/99]
(2) Every application under subsection (1) shall —
(a)
be made to the Commissioner of Building Control by or on behalf of the person for whom building works, advertisements, signboards or skysigns are being or are to be carried out;
(b)
be in such form as may be required by the Commissioner of Building Control;
(c)
state the nature and extent of and the reasons for the proposed modification or waiver of those requirements; and
(d)
be accompanied by such plans and other particulars as may be prescribed.
[18/95; 4/99]
15.
—(1) The Commissioner of Building Control shall keep and maintain a register (referred to in this section and in section 16 as the register of accredited checkers) in which shall be entered the names and prescribed particulars of all persons registered in accordance with section 16 as accredited checkers.
[4/99]
(2) The absence of the name of any person from the register of accredited checkers shall be prima facie evidence that that person is not so registered.
(3) The register of accredited checkers shall be kept and maintained at the office of the Commissioner of Building Control and shall be available for inspection by any person without charge during office hours.
[4/99]
16.
—(1) An application for registration as an accredited checker shall be made in such manner and shall be accompanied by such documents and particulars as may be prescribed.
(2) No person shall be registered as an accredited checker unless he can satisfy the Commissioner of Building Control that he possesses the prescribed qualifications and practical experience .
[4/99]
(3) Without prejudice to subsection (2), the Commissioner of Building Control may refuse to register as an accredited checker an applicant who is, in his opinion, not of good character and reputation or unable to carry out the duties of an accredited checker under this Act.
[4/99]
(4) The Commissioner of Building Control may appoint a committee of persons to assist him in considering applications for registration as accredited checkers.
[4/99]
(5) Where the Commissioner of Building Control has registered a person as an accredited checker, the Commissioner of Building Control shall issue to the person a certificate of accreditation.
[4/99]
(6) The Commissioner of Building Control may cancel the registration of an accredited checker —
(a)
who is deceased;
(b)
who has contravened or failed to comply with section 18(1);
(c)
who is convicted of an offence involving fraud or dishonesty or an offence under this Act or the building regulations;
(d)
who, in the opinion of the Commissioner of Building Control, is no longer in a position to carry out the duties of an accredited checker under this Act; or
(e)
whose name has been included in the register by fraud or misrepresentation.
[4/99]
(7) The Commissioner of Building Control shall not exercise his powers under subsection (6)(b), (c), (d) or (e) unless an opportunity of being heard has been given to the accredited checker against whom the Commissioner of Building Control intends to exercise his powers.
[4/99]
(8) Where the Commissioner of Building Control cancels the registration of an accredited checker under subsection (6), he shall remove the name and particulars of the person from the register of accredited checkers and cancel any certificate of accreditation issued to the person under subsection (5).
[4/99]
(9) The person referred to in subsection (8) shall, within 14 days of being notified of the removal, surrender to the Commissioner of Building Control the certificate of accreditation and, if he fails to do so, he shall be guilty of an offence.
(10) Any person whose application for registration as an accredited checker is refused, or who is dissatisfied with the decision of the Commissioner of Building Control under subsection (6), may, within 14 days of being notified in writing of the refusal or the decision, appeal to the Minister whose decision shall be final.
[4/99]
(11) Any person whose name has been removed from the register of accredited checkers under subsection (6)(b), (c), (d) or (e) shall, if his appeal to the Minister is allowed, be forthwith reinstated.
17.
—(1) Every person for whom building works are or are to be commenced or carried out shall, unless otherwise prescribed, appoint an accredited checker in respect of the detailed structural plans and design calculations of the building works.
[18/95]
(2) Every accredited checker appointed under subsection (1) shall check the detailed structural plans and design calculations of the building works in accordance with the building regulations and shall carry out such other duties as may be prescribed by those regulations.
[18/95]
(3) Any accredited checker who contravenes or fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.
[16A
[18/95]
18.
—(1) At the time of the making by an accredited checker of a certificate under section 6(1)(c) or (8), the accredited checker shall have no professional or financial interest in the building works shown in the plans described in his certificate.
(2) An accredited checker shall be regarded as having a professional or financial interest in any building works if —
(a)
he is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which —
(i)
do not affect any key structural element; or
(ii)
affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;
(b)
he or any nominee of his is a member, officer or employee of a company or other body which has a professional or financial interest in the building works; or
(c)
he is a partner or is in the employment of a person who has a professional or financial interest in the building works.
[18/95]
(3) For the purposes of this Act —
(a)
a person shall be treated as having a professional or financial interest in the building works even if he has that interest only as trustee for the benefit of some other person; and
(b)
in the case of married people living together, the interest of one spouse shall, if known to the other, be deemed to be also an interest of the other.
(4) For the purposes of this Act —
(a)
involvement in the building works as an accredited checker; and
(b)
entitlement to any fee paid for his function as an accredited checker,
shall not be regarded as constituting a professional or financial interest.
(5) Any accredited checker who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.
[18/95]
(6) The Minister may, by notification in the Gazette, exempt from subsection (1) any building or building works owned by or to be carried out for —
(a)
the Housing and Development Board;
(b)
the Land Transport Authority of Singapore; or
(c)
any other public authority constituted by any written law.
[17
[18/95]
19.
—(1) Any person who contravenes or fails to comply with any term or condition of an approval of plans of any building works, or any term or condition of a permit to carry out any building works, granted to him under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction.
(2) Any person for whom any building works are carried out 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 $50,000 or to imprisonment for a term not exceeding 12 months or to both.
[4/99]
(3) Any person who, being required by or by virtue of this Act or the building regulations to make or produce to the Commissioner of Building Control any plan, declaration, certificate, report, record, notice or other document, or who, for the purpose of obtaining any licence, permit, waiver or approval from the Commissioner of Building Control under this Act or the building regulations or for the purpose of establishing any fact relevant to the administration of this Act or the building regulations —
(a)
makes or produces any plan, declaration, certificate, report, record, notice or other document which is false in a material particular; or
(b)
produces any plan, declaration, certificate, report, record, notice or other document which is false in a material particular, or has not been made by the person by whom it purports to have been made, or has been in any way altered or tampered with,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
[18
[4/99]
20.
—(1) Whether or not proceedings have been instituted against any person for an offence under section 5(3), the Commissioner of Building Control may require the person to pay such sum not exceeding 50 times the prescribed fees for the approval of plans of the building works in respect of which there appears to the Commissioner of Building Control that such an offence has been committed.
[4/99]
(2) Notwithstanding subsection (1), the Commissioner of Building Control may, with the approval of the Minister, in any particular case increase the sum required to be paid under subsection (1) to an amount not exceeding the cost of the unauthorised building works as determined by the Commissioner of Building Control.
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[4/99]
21.
—(1) Except as otherwise provided in this Act, no person shall occupy, or permit or cause to be occupied, any building or any part thereof where any building works have been carried out unless the Commissioner of Building Control has issued a certificate of statutory completion in respect of that building or that part of the building.
[18/95; 4/99]
(1A) Nothing in subsection (1) shall prohibit —
(a)
the occupation by any person of any building or part thereof for the sole purpose of preventing any damage to the building or part thereof or any theft of any property therein; or
(b)
the occupation by any person of any building in respect of which a temporary occupation permit has been granted.
(2) The Commissioner of Building Control may, on an application in the prescribed manner in relation to any building, grant a temporary occupation permit in respect of the building subject to such written directions as the Commissioner of Building Control may specify and, in particular, those written directions may —
(a)
limit the period for which the temporary occupation permit is granted;
(b)
require such work or alteration to the building to be carried out as may be specified to the satisfaction of the Commissioner of Building Control; and
(c)
provide for the completion of the work or alteration before the expiration of a specified period.
[4/99]
(3) A temporary occupation permit shall only be prima facie evidence that a building is suitable for occupation and is and shall not be taken to be evidence of compliance with the provisions of this Act, the building regulations or any other written law.
(4) The Commissioner of Building Control may amend, suspend or, in the event of failure to comply with any written direction issued under subsection (2), revoke any temporary occupation permit.
[4/99]
(5) Any person who contravenes or fails to comply with subsection (1) or any written direction issued under subsection (2) 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 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
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22.
—(1) Where an application made under —
(a)
section 6 for approval of plans of any building works;
(b)
section 7 for a permit to carry out any building works ;
(c)
section 12(3) for a waiver of the operation of section 12(1) in relation to any building works; or
(d)
section 14 for any modification or waiver of the requirements of the building regulations in relation to any particular building works,
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 in the prescribed form and manner to the Minister within 28 days of the date of the notification of the decision.
[4/99]
(2) Where an appeal is brought under this section from a decision of the Commissioner of Building Control, the Minister may, after giving the aggrieved applicant an opportunity to make representations in writing, dismiss or allow the appeal, unconditionally or subject to such conditions as he thinks fit.
[4/99]
(3) The decision of the Minister on any appeal referred to him under this section shall be final.
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