Building Control Act · 2023 Revised Edition · Part · Control of Building Works
12. Duties of developers
Official textFrom Attorney General's Chambers, unchanged
Subject to this Act, every developer of building works shall appoint —
developer
“developer”, in relation to any building works, means the person for whom or on whose behalf the building works are carried out;
a qualified person to prepare the plans of the building works in accordance with this Act;
a qualified person to supervise the carrying out of those building works;
a builder to carry out those building works;
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where the building works comprise wholly or partly of any underground building works —
a qualified person who is a geotechnical engineer to prepare the plans relating to the geotechnical aspects of the building works, who may or may not be the same qualified person referred to in paragraph (a); and
a qualified person who is a geotechnical engineer to supervise the geotechnical aspects of those building works, who may or may not be the same qualified person referred to in paragraph (b);
in respect of the detailed structural plans and design calculations of major building works —
an accredited checker who is either a director, partner, member or an employee of an accredited checking organisation, if the value of the building works exceeds the prescribed limit in the building regulations; or
an accredited checker (whether or not a director, partner, member or an employee of an accredited checking organisation), if the value of the building works does not exceed the prescribed limit referred to in sub-paragraph (i); and
where the building works comprise wholly or partly of any underground building works —
an accredited checker in respect of the geotechnical aspects of those building works; and
in addition to appointing a builder under paragraph (c), a builder to monitor instruments measuring pore pressures for saturated and unsaturated levels, ground-water levels, ground movements or building movements and to measure forces, deformations or displacements.
If any qualified person, builder or accredited checker appointed under subsection (1) in respect of building works becomes unwilling to act or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his respective duties under this Act, the developer shall —
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;
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building
“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;
without delay appoint, under subsection (1), another qualified person, builder or accredited checker, as the case may be, in his place;
and
within 7 days thereafter, notify the Authority of that substitute appointment.
The developer of any building works shall notify the Authority of any contravention of this Act or the building regulations relating to those building works of which the developer knows or ought reasonably to know.
building works
“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.
Any developer of building works who, without reasonable excuse, fails to comply with subsection (2)(b) is guilty of an offence.
Any developer who contravenes subsection (3) is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both.
It shall be a defence in any prosecution for a contravention of subsection (3) for the person charged to prove to the satisfaction of the court that he did not know and could not reasonably have discovered the contravention referred to in the charge.
Terms defined in this Act
accredited checker
Defined · s 2“accredited checker” means a person who is registered as an accredited checker under section 20, whether acting on his own behalf or on behalf of an accredited checking organisation;
accredited checking organisation
Defined · s 2“accredited checking organisation” means an accredited checking organisation registered as such under section 20;
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;
geotechnical aspects
Defined · s 2“geotechnical aspects”, in relation to any underground building works, means — (a) an analysis of the geological structure and earth materials of the site of the underground building works and its influence on the underground building works; (b) an analysis of the ground-water regime and its influence on the wall stability and integrity of the underground building works over time; and (c) such other applications of earth sciences to and engineering aspects of the underground building works as may be prescribed;
geotechnical engineer
Defined · s 2“geotechnical engineer” means a professional engineer who is registered under the Architects, Professional Engineers and Quantity Surveyors Order, 2011 which includes a structural engineer in the specialised branch of geotechnical engineering;
major building works
Defined · s 2“major building works” means building works other than large building works and minor building works;
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;
underground building works
Defined · s 2“underground building works” means any of the following building works, the carrying out of which starts on or after the date to be specified by the Minister by order published in the Gazette — (a) any excavation or other building works to make — (i) a tunnel with a diameter, width or height of more than 2 metres; or (ii) a caisson, cofferdam, trench, ditch, shaft or well with a depth of more than 6 metres; (b) any building works for constructing, altering or repairing any earth retaining structure in or for a trench, ditch, shaft or well with a depth or height of more than 6 metres; or (c) such type of foundation works as the Minister may prescribe in the building regulations for buildings of 30 or more storeys;
value
Defined · s 2“value”, in relation to any building works, means — (a) for any underground building works, the total cost to be expended in carrying out those building works estimated at the time of, and contained in, the application under section 5 for approval of the plans of those building works; or (b) for any other building works, the total cost to be expended in carrying out the building works (including the foundations, basements, structural frame, finishes and the installation of building services) estimated at the time of, and contained in, the application under section 5 for approval of the plans of the building works;
Part
Retrofitting of Exterior Features
Part
Disability and Other Performance Requirements for Buildings
Part
Dangerous Buildings and Occurrences
Part
Inspection of Buildings
Part
Licensing of Builders
Part