Building Control Act · 2023 Revised Edition · Part · Control of Building Works
11. Tests of and in connection with building works
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (3), the qualified person appointed to supervise the carrying out of any building works shall carry out or cause to be carried out such tests of or in connection with the building works as may be prescribed in the building regulations or required by the Authority.
qualified person
“qualified person” means a person who is registered as — (a) an architect under the Architects, Professional Engineers and Quantity Surveyors Order, 2011 and has in force a practising certificate issued under section 25 of that Order; or (b) a professional engineer under the Architects, Professional Engineers and Quantity Surveyors Order, 2011 and has in force a practising certificate issued under section 25 of that Order;
Any tests prescribed, or required to be carried out, under subsection (1) shall be carried out in such manner and at such places and times as may be prescribed in the building regulations.
prescribed
“prescribed” means prescribed in any regulations made under section 52.
The Authority may, on an application in relation to any particular building works, give a direction to waive the operation of subsection (1) in relation to those building works if the Authority is satisfied that the operation of that subsection in relation to that particular case would be unreasonable.
Authority
“Authority”, in relation to this Act or any Part or provision of this Act or regulations made thereunder, means any Authority appointed under section 3(1) to be responsible for the administration of this Act or that Part or provision or regulations made thereunder, as the case may be;
An application under subsection (3) shall be accompanied by such particulars as may be prescribed in the building regulations.
building regulations
“building regulations” means any regulations made under section 74;
If a qualified person fails to comply with subsection (1), the
Authority may, by order in writing served on the developer, qualified person, every site supervisor and builder of the building works, require the building works to cease until the order is withdrawn.
developer
“developer”, in relation to any building works, means the person for whom or on whose behalf the building works are carried out;
Notwithstanding the right of the Authority to exercise its power under subsection (5), any qualified person who fails to comply with any requirement under subsection (1) is guilty of an offence and liable on conviction —
to a fine not exceeding $50,000, imprisonment for a term not exceeding one year or both; and
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in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof the qualified person fails to comply with the requirement, and if the failure to comply continues after the conviction, the qualified person is guilty of a further offence and liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part thereof during which the failure to comply continues after conviction.
If any person on whom an order made under subsection (5) is served fails to comply with the order, he is guilty of an offence and liable on conviction —
to a fine not exceeding $50,000, imprisonment for a term not exceeding one year or both; and
in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part thereof the person fails to comply with the requirement, 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 $1,000 for every day or part thereof during which the failure to comply continues after conviction.
Terms defined in this Act
Authority
Defined · s 2“Authority”, in relation to this Act or any Part or provision of this Act or regulations made thereunder, means any Authority appointed under section 3(1) to be responsible for the administration of this Act or that Part or provision or regulations made thereunder, as the case may be;
builder
Defined · s 2“builder” means any person who undertakes, whether exclusively or in conjunction with any other business, to carry out any building works for his own account, or for or on behalf of another person (referred to in this definition as A), but does not include any person who contracts with a builder for the execution by that person of the whole or any part of any building works undertaken by the builder for or on behalf of A under a contract entered into by the builder with A;
building
Defined · s 2“building” means any permanent or temporary building or structure and includes — (a) a hut, shed or roofed enclosure; (b) a kiosk or stall, movable or otherwise; (c) an earth retaining or stabilising structure, whether permanent or temporary; (d) a dock, wharf or jetty; (e) a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that — (i) is or is to be supported by water; (ii) is not intended for or useable in navigation; and (iii) is or is to be permanently moored; (f) a culvert, crossing, access road, bridge, underpass or tunnel; (g) a sewage treatment plant, sewer, drain, swimming pool or any non-proprietary type of concrete tank for the storage of any solid, liquid or gaseous product; and (h) such other erection or structure (whether permanent or temporary) as the Minister may, by order published in the Gazette, declare to be a building;
building regulations
Defined · s 2“building regulations” means any regulations made under section 74;
building works
Defined · s 2“building works” means — (a) the erection, extension or demolition of a building; (b) the alteration, addition or repair of a building; (c) the provision, extension or alteration of any air-conditioning service or ventilating system in or in connection with a building; (d) site formation works (which includes earthworks such as any act of excavation, levelling, cutting and filling with any material, piling, the construction of foundations, or site clearance, on any land, or any other act of dealing with or disturbing any land) which may or may not be connected with or carried out for the purpose of paragraph (a), (b) or (c); and (e) structural works.
developer
Defined · s 2“developer”, in relation to any building works, means the person for whom or on whose behalf the building works are carried out;
prescribed
Defined · s 42“prescribed” means prescribed in any regulations made under section 52.
qualified person
Defined · s 2“qualified person” means a person who is registered as — (a) an architect under the Architects, Professional Engineers and Quantity Surveyors Order, 2011 and has in force a practising certificate issued under section 25 of that Order; or (b) a professional engineer under the Architects, Professional Engineers and Quantity Surveyors Order, 2011 and has in force a practising certificate issued under section 25 of that Order;
site supervisor
Defined · s 2“site supervisor” means a person appointed (whether alone or as a member of a team of site supervisors) under section 14 to be a site supervisor in respect of any small-scale or large building works;
Part
Retrofitting of Exterior Features
Part
Disability and Other Performance Requirements for Buildings
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Dangerous Buildings and Occurrences
Part
Inspection of Buildings
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Licensing of Builders
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