

On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/12/2012.

5.
—(1) An application for approval of the plans of any building works shall be made to the Commissioner of Building Control by the developer of those building works.
(2) An application for approval of the plans of any building works shall be accompanied by —
(a)
the application fee prescribed (if any);
(b)
the names and particulars of —
(i)
the appropriate qualified person whom the developer or builder of the building works has appointed to prepare the plans of those building works; and
(ii)
where the building works comprise wholly or partly of any geotechnical building works, the geotechnical engineer whom the developer or builder of the building works has appointed to prepare the plans relating to the geotechnical aspects of those geotechnical building works;
(c)
the plans of the building works prepared in accordance with the building regulations;
(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 has checked the plans relating to those building works and 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 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 referred to 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 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)
such other documents as may be prescribed in the building regulations.
(3) Upon receiving an application under subsection (1) for the approval of plans of any building works, the Commissioner of Building Control shall consider the application and may —
(a)
approve any one or more of the plans submitted to him, with or without conditions;
(b)
direct the developer (in writing) to comply with such requirements as the Commissioner of Building Control may specify for the purpose of ensuring that all or any of the plans submitted to him comply with the provisions of this Act and the building regulations and to re-submit those plans for his approval, within such period as may be specified in the direction; or
(c)
disapprove any one or more of the plans submitted to him.
(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, or such further period as may be extended by the Commissioner of Building Control, the application for approval of those plans shall, at the end of that period, be deemed to be disapproved by the Commissioner of Building Control.
(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 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 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 his 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 he prepared those plans.
(6) Notwithstanding subsection (5), the Commissioner of Building Control may, in his discretion, 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.







