Building Control Act · 2023 Revised Edition · Part · Retrofitting of Exterior Features
28. Duty to retrofit exterior feature
Official textFrom Attorney General's Chambers, unchanged
Where an exterior feature of a prescribed building has been installed on, forms part of, or projects outwards from the building at any time before the applicable date prescribed for the exterior feature, the person responsible for the exterior feature shall carry out or cause to be carried out retrofitting of that exterior feature in such manner, by such person and using such material as may be prescribed in relation to that exterior feature —
exterior feature
“exterior feature”, in relation to any building, means any of the following features that is permanent or temporary and is installed on, forms part of or projects outwards from the roof or exterior of the building — (a) any air-conditioning unit, including any window air-conditioning unit and any condensing equipment of an air-conditioning unit; (b) any window, with or without movable parts; (c) any grille or shutter, with or without movable parts; (d) any tile, cladding, curtain wall, siding, plaster, bracket or cornice; (e) any gutter, rainwater down-pipe, or part of the roof; (f) any awning or sun-shading device; (g) such other feature that is permanent or temporary and is installed on, forms part of or projects outwards from the roof or exterior of any building as the Minister may, by notification published in the Gazette, declare to be an exterior feature for the purposes of this Act;
where there is no prescribed age for that exterior feature, or the exterior feature is, on that applicable date, of the prescribed age or older, within the grace period prescribed for that exterior feature; or
where the exterior feature is, on that applicable date, less than the prescribed age, within the grace period prescribed for that exterior feature or within the period before the exterior feature attains the prescribed age, whichever period is the longer.
Any person who, without reasonable excuse, contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 6 months or both and, in the case of a continuing offence, to a further fine not exceeding $500
for every day or part thereof during which the offence continues after conviction.
If a person is charged with an offence against subsection (2), it is a defence for him to prove that he was not the person responsible for the exterior feature at any time during that grace period or before the exterior feature attained that prescribed age, as the case may be.
person responsible
“person responsible”, in relation to an exterior feature of a building, means — (a) the owner of the building which the exterior feature is installed on, forms part of or projects outwards from, unless otherwise provided by paragraph (b), (c) or (d); (b) subject to paragraph (c), where the exterior feature is part of the common property of any other land (whether or not comprised in a strata title plan), the owner thereof, unless otherwise provided by paragraph (d); (c) where the exterior feature is a window, grille or shutter that is part of a principal unit, the owner of that principal unit; or (d) such other person as may be prescribed under section 29 as the person responsible for the exterior feature;
For the purposes of this Act, the age of an exterior feature of a building shall be reckoned from the date of its first installation on that building as determined in accordance with such date as is prescribed under section 29 for that exterior feature.
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;
Building Control
Nothing in this section shall be construed as —
prohibiting or preventing the Authority from exercising any of its powers under any other provision of this Act or the building regulations; or
derogating from the effect of any other provision of this Act, the building regulations or any other written law for the time being in force.
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;
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;
exterior feature
Defined · s 2“exterior feature”, in relation to any building, means any of the following features that is permanent or temporary and is installed on, forms part of or projects outwards from the roof or exterior of the building — (a) any air-conditioning unit, including any window air-conditioning unit and any condensing equipment of an air-conditioning unit; (b) any window, with or without movable parts; (c) any grille or shutter, with or without movable parts; (d) any tile, cladding, curtain wall, siding, plaster, bracket or cornice; (e) any gutter, rainwater down-pipe, or part of the roof; (f) any awning or sun-shading device; (g) such other feature that is permanent or temporary and is installed on, forms part of or projects outwards from the roof or exterior of any building as the Minister may, by notification published in the Gazette, declare to be an exterior feature for the purposes of this Act;
person responsible
Defined · s 2“person responsible”, in relation to an exterior feature of a building, means — (a) the owner of the building which the exterior feature is installed on, forms part of or projects outwards from, unless otherwise provided by paragraph (b), (c) or (d); (b) subject to paragraph (c), where the exterior feature is part of the common property of any other land (whether or not comprised in a strata title plan), the owner thereof, unless otherwise provided by paragraph (d); (c) where the exterior feature is a window, grille or shutter that is part of a principal unit, the owner of that principal unit; or (d) such other person as may be prescribed under section 29 as the person responsible for the exterior feature;
prescribed
Defined · s 42“prescribed” means prescribed in any regulations made under section 52.
retrofit
Defined · s 2“retrofit”, in relation to an exterior feature, means to modify or re-install the exterior feature as if installing the exterior feature for the first time;
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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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