Building Control Act · s 49

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49.
Other conditions of builder’s licence
(1) Where any general building works or specialist building works are carried out by a licensed builder who is an individual, he shall ensure that —

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(a) the execution and performance of the general building works or specialist building works, as the case may be, shall be personally supervised —
(i) by himself; or
(ii) by at least one of his employees who is employed to manage and supervise those building works undertaken and who meets the requirements of section 47(1)(c)(i);
and
(b) the name of that licensed builder or employee shall appear in any sign affixed or erected on the site where the general building works or specialist building works are carried out.
(2) Where any general building works or specialist building works are carried out by a licensed builder which is a partnership, the partners thereof shall ensure that the execution and performance of the general building works or specialist building works, as the case may be, shall be personally supervised by —
(a) at least one partner of the partnership; or
(b) at least one of its employees who is employed in such a manner and with such similar duties and responsibilities as a partner, who meets the requirements of section 47(1)(c)(i).
(3) Where any general building works or specialist building works are carried out by a licensed builder which is a corporation, the corporation shall ensure that the execution and performance of the general building works or specialist building works, as the case may be, shall be personally supervised by —
(a) at least one director of the corporation or a member of its board of management; or
(b) at least one of its employees who is employed in such a manner and with such similar duties and responsibilities as a director or member of its board of management, who meets the requirements of section 47(1)(c)(i).

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(4) It shall be a condition of every builder’s licence granted to a partnership or a corporation that the management of the business of the partnership or corporation in so far it relates to general building works or specialist building works, as the case may be, shall at all times be under the charge and direction of —
(a) a partner in the case of the partnership; or
(b) in the case of a corporation, a director or a member of the board of management of the corporation or an employee of the corporation who is employed in such a manner and with such similar duties and responsibilities as a director or member of its board of management, who satisfies the Authority that he meets the requirements of section 47(2)(b) or (3)(e).
(5) Notwithstanding subsections (1) to (5), the Authority may grant a builder’s licence subject to such other conditions as the Authority thinks fit and may vary any existing conditions (other than those specified in subsections (1) to (5)) of such a licence or impose additional conditions thereto.
(6) Before making any modification to the conditions of a builder’s licence under this section, the Authority shall give notice to the licensed builder concerned —
(a) stating that he proposes to make the modification in the manner specified in the notice; and
(b) specifying the time (being not less than 14 days from the date of service of notice on the licensed builder concerned) within which written representations with respect to the proposed modification may be made.
(7) Upon receipt of any written representation referred to in subsection (6)(b), the Authority shall consider the representation and may reject the representation or amend the proposed modification in accordance with the representation, or otherwise and, in either event, shall thereupon issue a direction in writing to the licensed builder concerned requiring that effect be given to the proposed modification specified in the notice or to such

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modification as subsequently amended by the Authority within a reasonable time.

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s 49Other conditions of builder’s licence

(1)

Where any general building works or specialist building works are carried out by a licensed builder who is an individual, he shall ensure that —

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(a)

the execution and performance of the general building works or specialist building works, as the case may be, shall be personally supervised —

(i)

by himself; or

(ii)

by at least one of his employees who is employed to manage and supervise those building works undertaken and who meets the requirements of section 47(1)(c)(i);

and

(b)

the name of that licensed builder or employee shall appear in any sign affixed or erected on the site where the general building works or specialist building works are carried out.

(2)

Where any general building works or specialist building works are carried out by a licensed builder which is a partnership, the partners thereof shall ensure that the execution and performance of the general building works or specialist building works, as the case may be, shall be personally supervised by —

(a)

at least one partner of the partnership; or

(b)

at least one of its employees who is employed in such a manner and with such similar duties and responsibilities as a partner, who meets the requirements of section 47(1)(c)(i).

(3)

Where any general building works or specialist building works are carried out by a licensed builder which is a corporation, the corporation shall ensure that the execution and performance of the general building works or specialist building works, as the case may be, shall be personally supervised by —

(a)

at least one director of the corporation or a member of its board of management; or

(b)

at least one of its employees who is employed in such a manner and with such similar duties and responsibilities as a director or member of its board of management, who meets the requirements of section 47(1)(c)(i).

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(4)

It shall be a condition of every builder’s licence granted to a partnership or a corporation that the management of the business of the partnership or corporation in so far it relates to general building works or specialist building works, as the case may be, shall at all times be under the charge and direction of —

(a)

a partner in the case of the partnership; or

(b)

in the case of a corporation, a director or a member of the board of management of the corporation or an employee of the corporation who is employed in such a manner and with such similar duties and responsibilities as a director or member of its board of management, who satisfies the Authority that he meets the requirements of section 47(2)(b) or (3)(e).

(5)

Notwithstanding subsections (1) to (5), the Authority may grant a builder’s licence subject to such other conditions as the Authority thinks fit and may vary any existing conditions (other than those specified in subsections (1) to (5)) of such a licence or impose additional conditions thereto.

(6)

Before making any modification to the conditions of a builder’s licence under this section, the Authority shall give notice to the licensed builder concerned —

(a)

stating that he proposes to make the modification in the manner specified in the notice; and

(b)

specifying the time (being not less than 14 days from the date of service of notice on the licensed builder concerned) within which written representations with respect to the proposed modification may be made.

(7)

Upon receipt of any written representation referred to in subsection (6)(b), the Authority shall consider the representation and may reject the representation or amend the proposed modification in accordance with the representation, or otherwise and, in either event, shall thereupon issue a direction in writing to the licensed builder concerned requiring that effect be given to the proposed modification specified in the notice or to such

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modification as subsequently amended by the Authority within a reasonable time.