Building Control Act · 2023 Revised Edition · Part · Control of Building Works
23. Demolition etc. of unauthorised building works
Official textFrom Attorney General's Chambers, unchanged
Where, in the opinion of the Authority, any building has been erected, or any building works are or have been carried out, in contravention of this Act or the building regulations, the Authority may by order in writing require —
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;
the cessation of the building works until the order is withdrawn;
the demolition of the building; or
such work or alteration to the building or building works to be carried out as may be necessary to cause the same to comply with this Act and the building regulations or otherwise to put an end to the contravention thereof.
An order under subsection (1) shall specify all or any of the following —
the manner in which the demolition, work or alteration specified in the order is to be carried out;
the time within which the demolition, work or alteration shall commence;
Building Control
the time within which the demolition, work or alteration shall be completed;
that the demolition, work or alteration shall be carried out with due diligence to the satisfaction of the Authority.
An order under subsection (1) shall be served —
where a building has been erected, on the owner or occupier of the building; and
where building works are being carried out, on the developer of the building works or the builder carrying out the building works.
If an order under subsection (1) is not complied with, the
Authority may —
demolish, remove or alter, or cause to be demolished, removed or altered, such building or building works, or take such other steps as appear to the Authority to be necessary including ordering the closure of the building; and
recover all expenses reasonably incurred by the Authority in the exercise of the Authority’s powers under this section from the person in default.
Notwithstanding the right of the Authority to exercise its powers under subsection (4), if any person on whom an order under subsection (1) is served fails to comply with the order, he is guilty of an offence and liable on conviction —
to a fine not exceeding $20,000, imprisonment for a term not exceeding 6 months or both; and
in respect of a continuing failure to comply, to an additional fine not exceeding $500 for each day or part thereof the failure to comply continues, 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.
Building Control 54
The Authority may seize any materials resulting from the carrying out of any work under subsection (4).
This section does apply to any building works, whether or not for or connected with any temporary building.
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.
Terms defined in s 2
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;
occupier
Defined · s 2“occupier”, in relation to any building, means the person in occupation of the building or having the charge, management or control thereof, either on his own account or as agent of another, but does not include any lodger within the building;
owner
Defined · s 2“owner”, in relation to — (a) any premises or building, means the person for the time being receiving the rent of the premises or building, whether on his own account or as agent or trustee or as receiver, or who would receive the same if the premises or building were let to a tenant and includes a mortgagee in possession; (b) the common property of any subdivided building, includes the strata corporation having control of the building, or the person receiving any rent or charge for the maintenance of that common property; and (c) the common property of any building which is not subdivided, includes any person receiving any rent or charge for the maintenance and management of that common property;
temporary building
Defined · s 2“temporary building” means — (a) any building or structure constructed of short-lived materials; or (b) any other building or structure permitted to be used by the Authority or such other authority appointed by the Minister for a period not exceeding 3 years or such other period as may be prescribed (if prescribed) in the building regulations, but does not include any bridge, any decking for a bridge, or any retaining structure;
unauthorised
Defined · s 2“unauthorised”, in relation to a building or building works, means any building erected, or any building works commenced or carried out, in contravention of any provision of this Act or the building regulations;
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