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.
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.