Building Control Act · s 34

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34.
Dangerous building works
(1) If the Authority is of the opinion that any building works are being carried out in such a manner —
(a) as will cause, or will be likely to cause, a risk of injury to any person or damage to any property;

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(b) as will cause, or will be likely to cause, or may have caused a total or partial collapse of —
(i) the building in respect of which the building works are or have been carried out; or
(ii) any building, street or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works, or any part of any such building, street or land; or
(c) as will render, or will be likely to render, or may have rendered the building in respect of which the building works are or have been carried out or any building, street or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works, or any part of any such building, street or land, so unstable or so dangerous that it will collapse or be likely to collapse
(whether totally or partially), the Authority may do either or both of the following —
(i) engage a qualified person to carry out such investigations and tests as may be necessary and to advise the Authority on all matters relating to the safety of the building in respect of which the building works are or have been carried out or the building, street or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works, as the case may be, the reasons for its collapse (if applicable)
and the measures that should be taken to obviate any possible danger that might arise from the condition of the building;
(ii) make all or any of the orders under subsection (2).
(2) The Authority may, for the purpose of obviating any danger or preventing any situation referred to in subsection (1)(a), (b) or (c) from occurring, order the developer of those building works —
(a) to immediately stop the building works;

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(b) to carry out or cause to be carried out, at the developer’s cost, such inspection as the Authority may specify of either or both of the following —
(i) the building in respect of which the building works are or have been carried out;
(ii) the building, street or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works;
(c) to execute or cause to be executed, at the developer’s cost, such building works as the Authority may specify (which may include retrofitting under Part 3); or
(d) to demolish or cause to be demolished, at the developer’s cost, the building in respect of which the building works are or have been carried out or any part thereof, and remove any rubbish resulting from the demolition.
(3) Where the building works referred to in subsection (1) comprise structural works, the Authority may, in lieu of or in addition to any engagement referred to or order under subsection (1) or (2), revoke any permit granted under section 8 to carry out those structural works.
(4) If the person to whom an order under subsection (2) is given fails to comply with the order within the time specified, the Authority may execute the order in such manner as the Authority thinks fit and recover in a court of competent jurisdiction as a debt due to the Authority all expenses reasonably incurred by the Authority in doing so from the person in default.
(5) Notwithstanding the right of the Authority to exercise its powers under subsection (4), any person who, without reasonable excuse, fails to comply with any order under subsection (2) that he is given is guilty of an offence and liable on conviction to —
(a) where the order is to immediately stop the building works —
(i) a fine not exceeding $500,000, imprisonment for a term not exceeding 2 years or both; and

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(ii) in respect of a continuing failure to comply, an additional fine not exceeding $10,000 for each day or part thereof the person fails to comply with the order; or
(b) in the case of any other order under subsection (2) —
(i) a fine not exceeding $100,000, imprisonment for a term not exceeding one year or both; and
(ii) in respect of a continuing failure to comply, an additional fine not exceeding $2,500 for each day or part thereof the person fails to comply with the order, and if the failure to comply continues after the conviction, the person is guilty of a further offence and liable on conviction of this further offence to a further fine not exceeding —
(A) where the order is to immediately stop the building works, $20,000 for each day or part thereof the person fails to comply with the order after conviction; or
(B) in the case of any other order under subsection (2),
$5,000 for each day or part thereof the person fails to comply with the order after conviction.
(6) Any person to whom any order under subsection (2) is given shall, while the order is in force, display a copy of the order at every entrance to the building to which the order relates, and such copy shall be displayed in a conspicuous manner that it can be easily read by people outside the building.
(7) Any person who contravenes subsection (6) is guilty of an offence.
(8) The Authority may also order the developer of the building works concerned to pay or reimburse the Authority, all or a specified part of the expenses the Authority has incurred in engaging a qualified person under subsection (1)(c)(i).
(9) The Authority may recover in a court of competent jurisdiction as a debt due to the Authority so much of the amount payable under an order under subsection (8) as is not paid in accordance with that order.

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(10) Any person on whom an order under subsection (8) is served may, within 14 days after the date of receipt of the order, appeal in writing to the
Minister against the order in the prescribed manner.
(11) The Minister may determine an appeal under subsection (10) by confirming, varying or cancelling the order of the Authority under subsection (8); and the decision of the Minister in any such appeal is final.

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s 34Dangerous building works

(1)

If the Authority is of the opinion that any building works are being carried out in such a manner —

(a)

as will cause, or will be likely to cause, a risk of injury to any person or damage to any property;

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(b)

as will cause, or will be likely to cause, or may have caused a total or partial collapse of —

(i)

the building in respect of which the building works are or have been carried out; or

(ii)

any building, street or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works, or any part of any such building, street or land; or

(c)

as will render, or will be likely to render, or may have rendered the building in respect of which the building works are or have been carried out or any building, street or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works, or any part of any such building, street or land, so unstable or so dangerous that it will collapse or be likely to collapse

(whether totally or partially), the Authority may do either or both of the following —

(i)

engage a qualified person to carry out such investigations and tests as may be necessary and to advise the Authority on all matters relating to the safety of the building in respect of which the building works are or have been carried out or the building, street or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works, as the case may be, the reasons for its collapse (if applicable)

and the measures that should be taken to obviate any possible danger that might arise from the condition of the building;

(ii)

make all or any of the orders under subsection (2).

(2)

The Authority may, for the purpose of obviating any danger or preventing any situation referred to in subsection (1)(a), (b) or (c) from occurring, order the developer of those building works —

(a)

to immediately stop the building works;

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(b)

to carry out or cause to be carried out, at the developer’s cost, such inspection as the Authority may specify of either or both of the following —

(i)

the building in respect of which the building works are or have been carried out;

(ii)

the building, street or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works;

(c)

to execute or cause to be executed, at the developer’s cost, such building works as the Authority may specify (which may include retrofitting under Part 3); or

(d)

to demolish or cause to be demolished, at the developer’s cost, the building in respect of which the building works are or have been carried out or any part thereof, and remove any rubbish resulting from the demolition.

(3)

Where the building works referred to in subsection (1) comprise structural works, the Authority may, in lieu of or in addition to any engagement referred to or order under subsection (1) or (2), revoke any permit granted under section 8 to carry out those structural works.

(4)

If the person to whom an order under subsection (2) is given fails to comply with the order within the time specified, the Authority may execute the order in such manner as the Authority thinks fit and recover in a court of competent jurisdiction as a debt due to the Authority all expenses reasonably incurred by the Authority in doing so from the person in default.

(5)

Notwithstanding the right of the Authority to exercise its powers under subsection (4), any person who, without reasonable excuse, fails to comply with any order under subsection (2) that he is given is guilty of an offence and liable on conviction to —

(a)

where the order is to immediately stop the building works —

(i)

a fine not exceeding $500,000, imprisonment for a term not exceeding 2 years or both; and

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(ii)

in respect of a continuing failure to comply, an additional fine not exceeding $10,000 for each day or part thereof the person fails to comply with the order; or

(b)

in the case of any other order under subsection (2) —

(i)

a fine not exceeding $100,000, imprisonment for a term not exceeding one year or both; and

(ii)

in respect of a continuing failure to comply, an additional fine not exceeding $2,500 for each day or part thereof the person fails to comply with the order, and if the failure to comply continues after the conviction, the person is guilty of a further offence and liable on conviction of this further offence to a further fine not exceeding —

(A)

where the order is to immediately stop the building works, $20,000 for each day or part thereof the person fails to comply with the order after conviction; or

(B)

in the case of any other order under subsection (2),

$5,000 for each day or part thereof the person fails to comply with the order after conviction.

(6)

Any person to whom any order under subsection (2) is given shall, while the order is in force, display a copy of the order at every entrance to the building to which the order relates, and such copy shall be displayed in a conspicuous manner that it can be easily read by people outside the building.

(7)

Any person who contravenes subsection (6) is guilty of an offence.

(8)

The Authority may also order the developer of the building works concerned to pay or reimburse the Authority, all or a specified part of the expenses the Authority has incurred in engaging a qualified person under subsection (1)(c)(i).

(9)

The Authority may recover in a court of competent jurisdiction as a debt due to the Authority so much of the amount payable under an order under subsection (8) as is not paid in accordance with that order.

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(10)

Any person on whom an order under subsection (8) is served may, within 14 days after the date of receipt of the order, appeal in writing to the

Minister against the order in the prescribed manner.

(11)

The Minister may determine an appeal under subsection (10) by confirming, varying or cancelling the order of the Authority under subsection (8); and the decision of the Minister in any such appeal is final.