Building Control Act · 2023 Revised Edition · Part · Control of Building Works
26. Appeals
Official textFrom Attorney General's Chambers, unchanged
Where an application made under —
section 5 or 6 for approval of plans of any building works;
section 8 for a permit to carry out any building works;
section 9 for any modification or waiver of the requirements of the building regulations in relation to any particular building works;
section 11(3) for a waiver of the operation of section 10(1) in relation to any building works; or
section 20 for registration, or for the renewal of registration, as an accredited checker or an accredited checking organisation, is refused, or is granted by the Authority subject to conditions, the applicant may, if aggrieved by the decision of the Authority, appeal to the Minister against the decision within 14 days after being served with the notice of the decision.
Building Control
If the Authority has made an order under section 21 in respect of an accredited checker or an accredited checking organisation, the accredited checker or accredited checking organisation concerned may appeal to the
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;
Minister against the order within 14 days after being served with the notice of the order.
In any appeal under this section in relation to the conviction of an accredited checker or an accredited checking organisation for a criminal offence, the Minister on appeal from any order of the Authority shall accept the conviction as final and conclusive.
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;
Where an appeal is brought under this section from a decision of the Authority, the Minister may, after giving the aggrieved appellant an opportunity to make representations in writing, dismiss or allow the appeal, unconditionally or subject to such conditions as he thinks fit.
The decision of the Minister in any appeal under this section is final.
Terms defined in s 2
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;
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.
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