Building Control Act · 2023 Revised Edition · Part · Disability and Other Performance Requirements for Buildings
31. Duty of building owner etc. not to alter
Official textFrom Attorney General's Chambers, unchanged
Every owner or occupier of a building shall not remove, alter or obstruct, or cause the removal, alteration or obstruction of, any physical feature of the building where —
owner
“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;
the physical feature satisfies the relevant performance requirement for the purposes of this Part; and
the removal, alteration or obstruction will cause the physical feature to cease to satisfy the relevant performance requirement.
Where, in the opinion of the Authority, any physical feature of a building referred to in subsection (1)(a) has been removed, altered or obstructed so as to fail to satisfy the relevant performance requirement, the Authority may, by notice in writing, require such repairs, work or alteration to the physical feature or the building or other remedial action as the Authority thinks fit to be carried out to reinstate the physical feature so as to satisfy the relevant performance requirement.
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;
A notice to reinstate under subsection (2) shall specify —
the manner in which the repairs, work, alteration or remedial action specified in the notice is to be carried out;
the time within which the repairs, work, alteration or remedial action shall commence;
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the time within which the repairs, work, alteration or remedial action shall be completed; and
that the repairs, work, alteration or remedial action shall be carried out with due diligence to the satisfaction of the Authority.
A notice to reinstate under subsection (2) shall be made in respect of any building or any physical feature thereof and shall be served —
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;
on the owner of the building;
where that owner is not known or cannot be found by reasonable inquiry, on the occupier of the building;
in the case of a physical feature comprised in any common property of any subdivided building, on the owner thereof;
in the case of a physical feature comprised in any common property of any building of the Government, to the head of the relevant
Government department; or
in the case of a physical feature comprised in any common property of any building of any Municipal Board, to the chairman of that Board.
If any person on whom a notice under subsection (2) is served fails, without reasonable excuse, to comply with the requirements of that notice, that person is guilty of an offence and liable on conviction —
to a fine not exceeding $5,000, imprisonment for a term not exceeding 3 months or both;
to a further fine not exceeding $250 for each day or part thereof the person fails, without reasonable excuse, to comply with the requirements of that notice; and
in the case of a continuing offence after conviction, to a further fine not exceeding $500 for every day or part thereof during which the failure to comply continues after conviction.
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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;
common property
Defined · s 2“common property” has the same meaning as in the Land Code (Strata) Act;
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;
performance requirement
Defined · s 30“performance requirement” means a performance requirement in the building regulations — (a) to facilitate the access to, and use of, a building and its facilities by persons with disabilities; or (b) prescribed in the building regulations for the purposes of this Part;
physical feature
Defined · s 30“physical feature”, in relation to a building, includes the following physical features (permanent or temporary) — (a) any feature arising from the design or construction of the building; (b) any feature of any approach to, exit from or access to such a building; (c) any fixtures, fittings or facility in or on the premises of the building; or (d) any other physical element or quality of the land on which the building stands.
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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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