Building Control Act · s 41

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41.
Independence of structural engineers
(1) A structural engineer shall not be appointed by the Authority or owner of a building for the purpose of carrying out an inspection of a building under section 40 if the structural engineer has any professional or financial interest in the building.
(2) A structural engineer shall be regarded as having a professional or financial interest in any building 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

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(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, an officer or employee of a company or other body which has a professional or financial interest in the building or any part thereof;
(c) he is a partner or is in the employment of a person who has a professional or financial interest in the building or any part thereof; or
(d) he holds any interest in the building or any part thereof.
(3) In this section —
(a) a person shall be treated as having a professional or financial interest in the building even if he has that interest only as trustee for the benefit of some other person; and
(b) in the case of married people, the interest of one spouse shall, if known to the other, be deemed to be also an interest of the other.
(4) In this section —
(a) involvement in the inspection of a building under section 40;
and
(b) entitlement to any fee paid for carrying out any inspection under section 40, shall not be regarded as constituting a professional or financial interest.
(5) The Minister may, by notification published in the Gazette, exempt from subsection (1) any building or building works owned by or to be carried out for —
(a) the Government; or
(b) any other public authority constituted by any written law.

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s 41Independence of structural engineers

(1)

A structural engineer shall not be appointed by the Authority or owner of a building for the purpose of carrying out an inspection of a building under section 40 if the structural engineer has any professional or financial interest in the building.

(2)

A structural engineer shall be regarded as having a professional or financial interest in any building 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

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(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, an officer or employee of a company or other body which has a professional or financial interest in the building or any part thereof;

(c)

he is a partner or is in the employment of a person who has a professional or financial interest in the building or any part thereof; or

(d)

he holds any interest in the building or any part thereof.

(3)

In this section —

(a)

a person shall be treated as having a professional or financial interest in the building even if he has that interest only as trustee for the benefit of some other person; and

(b)

in the case of married people, the interest of one spouse shall, if known to the other, be deemed to be also an interest of the other.

(4)

In this section —

(a)

involvement in the inspection of a building under section 40;

and

(b)

entitlement to any fee paid for carrying out any inspection under section 40, shall not be regarded as constituting a professional or financial interest.

(5)

The Minister may, by notification published in the Gazette, exempt from subsection (1) any building or building works owned by or to be carried out for —

(a)

the Government; or

(b)

any other public authority constituted by any written law.

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