Building Control Act · 2023 Revised Edition · Part · Control of Building Works
22. Duties and independence of accredited checkers and accredited checking organisations
Official textFrom Attorney General's Chambers, unchanged
An accredited checker who —
accredited checker
“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;
is appointed in respect of any major building works; or
is acting on behalf of an accredited checking organisation, shall check the detailed structural plans and design calculations of the building works in accordance with the building regulations and shall carry out such other duties as may be prescribed by those regulations.
The accredited checker appointed under section 12(1)(e) in respect of any underground building works shall check the geotechnical aspects of those building works in accordance with the building regulations and shall carry out such other duties as may be prescribed by those regulations.
underground building works
“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;
An accredited checker who contravenes subsection (1) or (2)
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.
An accredited checker shall not issue a certificate under section 5(2)(d) or 6(2)(b) in respect of the plans of any building works —
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.
if the accredited checker has any professional or financial interest in the building works shown in the plans described in his certificate; or
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in the case where the accredited checker is a director, partner, member or an employee of an accredited checking organisation and acting on behalf of the accredited checking organisation —
if the accredited checking organisation that is a corporation and any of its directors; or
if any partner of the accredited checking organisation that is a partnership, has a professional or financial interest in the building works shown in the plans described in the certificate by the accredited checking organisation under section 5(2)(d) or 6(2)(b).
An accredited checker shall not issue a certificate under section 5(2)(d) or 6(2)(b) in respect of the geotechnical aspects of any underground building works if the accredited checker has any professional or financial interest in the underground building works shown in the plans described in his certificate.
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;
An accredited checker shall be regarded as having a professional or financial interest in any building works if —
he is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which —
do not affect any key structural element; or
affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;
he or any of his nominee is a member, an officer or employee of a company or other body which has a professional or financial interest in the building works; or
he is a partner or is in the employment of a person who has a professional or financial interest in the building works.
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An accredited checking organisation shall be regarded as having a professional or financial interest in any building works if —
accredited checking organisation
“accredited checking organisation” means an accredited checking organisation registered as such under section 20;
any of its directors, partners, members or employees is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which —
do not affect any key structural element; or
affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;
any nominee of the organisation is a member, an officer or employee of a company or other body which has a professional or financial interest in the building works; or
the organisation or any of its directors or partners is a partner or is in the employment of a person who has a professional or financial interest in the building works.
In this Act —
a person shall be treated as having a professional or financial interest in the building works even if he has that interest only as trustee for the benefit of some other person; and
in the case of married people, the interest of one spouse shall, if known to the other, be deemed to be also an interest of the other.
In this Act —
involvement in the building works as an accredited checker;
and
entitlement to any fee paid for his function as an accredited checker, shall not be regarded as constituting a professional or financial interest.
If a person who is —
an accredited checker;
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an accredited checking organisation that is a corporation; or
a partner of an accredited checking organisation that is a partnership, or a director of an accredited checking organisation that is a corporation, contravenes subsection (4) or (5), as the case may be, that person is guilty of an offence and liable on conviction to —
where the person is a corporation, a fine not exceeding $100,000; and
in any other case, a fine not exceeding $50,000, imprisonment for a term not exceeding 2 years or both.
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;
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.
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;
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.
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;
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Retrofitting of Exterior Features
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Disability and Other Performance Requirements for Buildings
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Dangerous Buildings and Occurrences
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Inspection of Buildings
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Licensing of Builders
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