In force2023 Revised Edition

Contents

Building Control Act · 2023 Revised Edition · Part · Control of Building Works

24. Building offences

(1)

Any person who commences or carries out, or permits or authorises the commencement or carrying out of —

(a)

any building works (including underground building works)

the plans of which have not been approved by the Authority under section 5 or 6; or

(b)

any building works (including underground building works)

for which there is no permit under section 8 in force, is guilty of an offence and liable on conviction —

(i)

to a fine not exceeding $200,000, imprisonment for a term not exceeding 2 years or both; and

(ii)

in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof the contravention continues, and if the contravention 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 $2,000 for every day or part thereof during which the contravention continues after conviction.

(2)

Any person who contravenes any term or condition of —

(a)

an approval of plans of any building works under section 5

or 6; or

(b)

a permit to carry out any building works under section 8, is guilty of an offence and liable on conviction —

(i)

to a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both; and

Building Control

(ii)

in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part thereof the contravention continues, and if the contravention continues after the conviction, he 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.

(3)

Any developer of any building works and any qualified person, site supervisor or builder directly concerned with the building works who, in carrying out the building works or after completion thereof deviates, or permits or authorises the building works to deviate, in any material way from any plans of the building works approved by the Authority under this Part shall each be 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.

(4)

Any person who, being required by or by virtue of this Act or the building regulations to make or produce to the Authority any plan, declaration, certificate, report, record, notice or other document, or who, for the purpose of obtaining any licence, permit, waiver or approval from the

Authority under this Act or the building regulations or for the purpose of establishing any fact relevant to the administration of this Act or the building regulations —

(a)

makes or produces any plan, declaration, certificate, report, record, notice or other document which is false in a material particular;

and

(b)

produces any plan, declaration, certificate, report, record, notice or other document which is false in a material particular, or has not been made by the person by whom it purports to have been made, or has been in any way altered or tampered with, 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.

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;
Open s 2
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;
Open s 2
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;
Open s 2
building regulations
Defined · s 2
“building regulations” means any regulations made under section 74;
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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.
Open s 2
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;
Open s 2
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;
Open s 2
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;
Open s 2
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;
Open s 2

Report

Read on from s 25

Part

Retrofitting of Exterior Features

Read on from Part

Part

Disability and Other Performance Requirements for Buildings

Read on from Part

Part

Dangerous Buildings and Occurrences

Read on from Part

Part

Inspection of Buildings

Read on from Part

Part

Licensing of Builders

Read on from Part

Part

General

Read on from Part