On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 01/12/2012.
8.
—(1) Subject to the provisions of this Act, every developer of building works shall 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 to carry out those building works;
(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 referred to 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 referred to 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 referred to 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 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.
(2) If any qualified person, builder, 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 appointment or for any other reason, to carry out his respective duties under this Act, the developer shall —
(a)
without delay appoint under subsection (1) another qualified person, builder, specialist builder, accredited checker or specialist accredited checker, as the case may be, in his place; and
(b)
within 7 days thereafter, notify the Commissioner of Building Control of that substitute appointment.
(3) The developer of any building works shall 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.
(4) Any developer of building works who, without reasonable excuse, fails to comply with subsection (2)(b) shall be guilty of an offence.
(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.
(6) It shall be a defence in any prosecution for a contravention of subsection (3) for the person charged to prove to the satisfaction of the court that he did not know and could not reasonably have discovered the contravention referred to in the charge.
9.
—(1) Every qualified person who is appointed under section 8 or 11 to prepare the plans of any building works shall —
(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 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.
(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 shall be 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), he shall —
(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
[Act 2 of 2012 wef 01/03/2012]
(ii)
obtain the certification of another qualified person, being a specialist in the application of such an alternative solution, that the alternative solution satisfies the objectives and performance requirements that are prescribed by the building regulations in respect of such building works.
(3) No qualified person shall issue any certification for the purposes of subsection (2)(b)(ii) unless he has taken all reasonable steps and exercised due diligence to ensure that the alternative solution in respect of which his 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.
(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, shall —
(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 by the Commissioner of Building Control; and
(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 such 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 by the Commissioner of Building Control; and
(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.
(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 appointment or for any other reason, to carry out his duties under this Act, 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 those building works of that fact.
(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 appointment or for any other reason, to carry out his duties under section 10(5), the qualified person appointed under section 8 or 11 to supervise the carrying out of the building works shall —
(a)
appoint another site supervisor in his place; and
(b)
within 7 days thereafter, notify the Commissioner of Building Control of that substitute appointment.
(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, shall 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 he, or any nominee of his, is a partner, an officer or an employee of —
(i)
the developer of those building works;
(ii)
the builder of those building works; or
(iii)
an associate of the developer or builder referred to in paragraph (i) or (ii).
(8) If any qualified person appointed under section 8 or 11 to prepare the plans of any building works contravenes subsection (1)(a), (2)(b) or (3), he 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 thereof 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 thereof during which the contravention continues after conviction.
(9) If any qualified person appointed under section 8 or 11 contravenes subsection (4)(a) or (b), he 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 thereof 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 thereof during which the contravention continues after conviction.
(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 —
(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 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 thereof during which the contravention continues after conviction.
(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.
(12) It shall be 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 he did not know and could not reasonably have discovered the contravention referred to in the charge.
10.
—(1) The appropriate qualified person appointed under section 8 or 11 to supervise the carrying out of any large building works shall 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 such number of persons as may be prescribed in relation to the value of those large building works; or
(b)
at least one site supervisor, in any other case.
(2) The appropriate qualified person appointed under section 8 or 11 to supervise the carrying out of any small-scale building works shall appoint at least one site supervisor, in respect of the critical structural elements of the small-scale building works.
(3) No person shall be appointed under this section as a site supervisor in respect of any building works for the purposes of this Act unless —
(a)
he possesses the initial practical experience and qualifications prescribed; and
(b)
he remains accredited with the Building and Construction Authority or a prescribed organisation.
(4) No site supervisor shall supervise any structural works of any major building works if he, or any nominee of his, 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.
(5) Every site supervisor appointed under this section in respect of any building works shall 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 in accordance with section 9(1)(c) by a qualified person, and with any terms and conditions imposed by the Commissioner of Building Control.
(6) 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), the site supervisor shall, within 7 days of his ceasing to carry out such duties, notify the Commissioner of Building Control of that fact.
(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.
(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 thereof 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 thereof during which the contravention continues after conviction.
(9) Any site supervisor or qualified person who, without reasonable excuse, contravenes subsection (6) shall be guilty of an offence.
11.
—(1) A builder undertaking any building works shall —
(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 by the Commissioner of Building Control and supplied to him by a qualified person under section 9(1)(c); and
(iv)
any terms and conditions imposed by the Commissioner of Building Control in accordance with the provisions of this Act and, subject to section 6A, the building regulations;
(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 specialist builder appointed in respect of specialist building works comprised in those same building works, all plans of those building works approved by the Commissioner of Building Control and supplied to him by a qualified person under section 9(1)(c);
(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 referred to 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 referred to in sub-paragraph (ii)) to supervise the geotechnical aspects of the geotechnical building works;
(e)
have an adequate number of construction supervisors working under his 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;
(g)
notify the Commissioner of Building Control of the appointment and termination of appointment of any specialist builder appointed by the builder in respect of specialist building works comprised in those same building works; and
(h)
comply with such other duties as may be prescribed in the building regulations.
(2) A specialist builder undertaking any specialist building works shall —
(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 by the Commissioner of Building Control; and
(iv)
any terms and conditions imposed by the Commissioner of Building Control in accordance with the provisions of this Act and, subject to section 6A, the building regulations;
(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 specialist builder knows or ought reasonably to know; and
(c)
comply with such other duties as may be prescribed in the building regulations.
(3) Without prejudice to subsection (2), a specialist builder who is appointed by the developer under section 8(1)(f)(ii) in respect of any building works shall 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 he, or any nominee of his, 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.
(4) If any builder or 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 his appointment or for any other reason, to carry out his duties under subsection (1) or (2), the builder or specialist builder, as the case may be, shall, within 14 days of his ceasing to carry out his duties, notify the Commissioner of Building Control of that fact.
(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 appointment or for any other reason, to carry out his duties under this Act, the builder and specialist builder of those building works shall cease or shall not commence carrying out the building works until the developer or the builder appoints another appropriate qualified person in respect of those building works.
(6) Any builder or specialist builder who contravenes subsection (1)(a), (a)(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.
(7) If —
(a)
a builder contravenes subsection (1)(b) or (c); or
(b)
a specialist builder contravenes subsection (3)(b),
the builder or specialist builder, as the case may be, 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 builder or specialist builder contravenes subsection (1)(b) or (c) or (2)(b),
and if the contravention continues after the conviction, the builder or specialist builder, as the case may be, shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part thereof during which the contravention continues after conviction.
(8) It shall be a defence in any prosecution for a contravention of subsection (1)(b) or (b)(b) for the builder or specialist builder 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.
(9) If —
(a)
a builder, without reasonable excuse, contravenes subsection (1)(d), (e), (f), (g) or (h) or (4); or
(b)
a specialist builder, without reasonable excuse, contravenes subsection (2)(c) or (4),
the builder or specialist builder, as the case may be, shall be guilty of an offence.
(10) Any builder or 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 thereof the contravention continues,
and if the contravention continues after the conviction, the builder or specialist builder, as the case may be, shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part thereof during which the contravention continues after conviction.