Building Control Act · 2023 Revised Edition · Part · Control of Building Works
13. Duties of qualified persons
Official textFrom Attorney General's Chambers, unchanged
Every qualified person who is appointed under section 12(1) to prepare the plans of any building works 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;
take all reasonable steps and exercise due diligence to ensure that the building works are designed in accordance with —
this Act; and
subject to section 9, the requirements prescribed in the building regulations;
notify the Authority of any contravention of this Act or the building regulations in relation to those building works of which the qualified person knows or ought reasonably to know; and
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supply a copy of every plan of the building works approved by the Authority to —
the site supervisor or the team of site supervisors, as the case may be, appointed under section 14(1);
the builder of those building works; and
the appointed qualified person under section 12(1) to supervise those building works.
In subsection (1)(a) —
the plans of any building works that are prepared in accordance with the acceptable solutions as set out in any Approved
Document issued by the Authority under the building regulations in respect of such building works are deemed to comply with the objectives and performance requirements that are prescribed by the building regulations in respect of such building works; and
where the qualified person appointed to prepare the plans of any building works intends to utilise any alternative solution (that is to say, a solution that entails the use of any design, material or construction method that differs completely or partially from those in the acceptable solution), he shall —
take all reasonable steps and exercise due diligence to ensure that the alternative solution satisfies the objectives and performance requirements that are prescribed by the building regulations in respect of such building works; and
obtain the certification of another qualified person, being a specialist in the application of such an alternative solution, that the alternative solution satisfies the objectives and performance requirements that are prescribed by the building regulations in respect of such building works.
No qualified person appointed shall issue any certification for the purposes of subsection (2)(b)(ii) unless he has taken all reasonable steps and exercised due diligence to ensure that the alternative solution in respect of which his certification is being sought satisfies the objectives and performance requirements that are prescribed by the building regulations in
prescribed
“prescribed” means prescribed in any regulations made under section 52.
Building Control respect of the building works for which the alternative solution is to be applied.
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;
Every qualified person who is appointed under section 12(1) to supervise the carrying out of any building works, or the geotechnical aspects of any underground building works, shall —
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.
take all reasonable steps and exercise due diligence in supervising and inspecting the building works or underground building works, as the case may be, to ensure that those building works are being carried out in accordance with —
this Act;
subject to section 9, the building regulations;
the relevant plans approved by the Authority; and
any conditions imposed by the Authority;
in the absence of a site supervisor, take all reasonable steps and exercise due diligence in giving immediate supervision to the carrying out of concreting, piling, pre-stressing, tightening of high-friction grip bolts or other critical structural works of the building works to ensure that such critical structural works of the building works are being carried out in accordance with —
this Act;
subject to section 9, the building regulations;
the relevant plans approved by the Authority; and
any conditions imposed by the Authority;
notify the Authority of any contravention of this Act or the building regulations in relation to those building works of which the qualified person knows or ought reasonably to know;
keep and maintain at the premises on which building works are carried out such documents, books and records as may be prescribed in the building regulations;
submit to the Authority at the prescribed times such reports and certificates as may be prescribed in the building regulations; and
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notify the Authority if the building works have been suspended for a period of more than 3 months.
If any qualified person who is appointed under section 12(1) —
to prepare the plans of any building works; or
to supervise the carrying out of any building works, or the geotechnical aspects of any underground building works, becomes unwilling or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his duties under this Act, the qualified person shall, within 14 days of his ceasing to carry out his duties, notify the Authority and the builder of those building works of that fact.
If any site supervisor appointed under section 14(1) in respect of any building works becomes unwilling or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his duties under section 14(5), the qualified person appointed to supervise the carrying out of the building works shall —
site supervisor
“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;
appoint another site supervisor in his place; and
within 7 days thereafter, notify the Authority of that substitute appointment.
A qualified person who is appointed under section 12(1) to supervise the carrying out of any building works, or the geotechnical aspects of any underground building works, shall not supervise —
geotechnical aspects
“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;
any works relating to the structural elements of any major building works; or
the geotechnical aspects of the underground building works, if he, or any nominee of his, is a partner, an officer or an employee of —
the developer of those building works;
the builder of those building works; or
an associate of the developer or builder referred to in paragraph (i) or (ii).
Building Control
If any qualified person appointed under section 12(1) to prepare the plans of any building works contravenes subsection (1)(a), (2)(b) or (3), he is guilty of an offence and liable on conviction —
to a fine not exceeding $200,000, imprisonment for a term not exceeding 2 years or both; and
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 contravention 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 contravention continues after conviction.
If any qualified person appointed under section 12(1) contravenes subsection (4)(a) or (b), he is guilty of an offence and liable on conviction —
to a fine not exceeding $100,000, imprisonment for a term not exceeding 2 years or both; and
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 contravention 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 contravention continues after conviction.
If —
any qualified person appointed under section 12(1) to prepare the plans of any building works contravenes subsection (1)(b); or
any qualified person appointed under section 12(1)
contravenes subsection (4)(c), (d) or (e) or (7), the qualified person 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; 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 contravenes subsection (1)(b)
or (4)(c), (d) or (e), as the case may be, and if the contravention 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 contravention continues after conviction.
If —
any qualified person appointed under section 12(1) to prepare the plans of any building works contravenes subsection (5); or
any qualified person appointed under section 12(1)
contravenes subsection (4)(f) or (5), he is guilty of an offence.
It shall be a defence in any prosecution for a contravention of subsection (1)(b) or (4)(c) 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
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;
immediate supervision
Defined · s 2“immediate supervision”, in relation to any building works or part thereof, means personally and directly exercising oversight, control and inspection of the carrying out of the building works or part thereof;
major building works
Defined · s 2“major building works” means building works other than large building works and minor building works;
premises
Defined · s 2“premises” includes buildings, lands, easements and hereditaments of any tenure;
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;
structural elements
Defined · s 2“structural elements” means those parts or elements of a building which resist forces and moments, and includes foundations, beams, columns, shear cores, structural walls, struts, ground anchors, slabs, trusses, staircases, load bearing walls and all other elements designed to resist forces and moments but does not include doors, windows and non-load bearing walls;
structural works
Defined · s 2“structural works” means works in relation to the structural elements of the building works;
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;
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