Building Control Act · 2023 Revised Edition · Part · Dangerous Buildings and Occurrences
34. Dangerous building works
Official textFrom Attorney General's Chambers, unchanged
If the Authority is of the opinion that any building works are being carried out in such a manner —
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;
as will cause, or will be likely to cause, a risk of injury to any person or damage to any property;
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as will cause, or will be likely to cause, or may have caused a total or partial collapse of —
the building in respect of which the building works are or have been carried out; or
any building, street or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works, or any part of any such building, street or land; or
as will render, or will be likely to render, or may have rendered the building in respect of which the building works are or have been carried out or any building, street or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works, or any part of any such building, street or land, so unstable or so dangerous that it will collapse or be likely to collapse
(whether totally or partially), the Authority may do either or both of the following —
engage a qualified person to carry out such investigations and tests as may be necessary and to advise the Authority on all matters relating to the safety of the building in respect of which the building works are or have been carried out or the building, street or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works, as the case may be, the reasons for its collapse (if applicable)
and the measures that should be taken to obviate any possible danger that might arise from the condition of the building;
make all or any of the orders under subsection (2).
The Authority may, for the purpose of obviating any danger or preventing any situation referred to in subsection (1)(a), (b) or (c) from occurring, order the developer of those building works —
developer
“developer”, in relation to any building works, means the person for whom or on whose behalf the building works are carried out;
to immediately stop the building works;
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to carry out or cause to be carried out, at the developer’s cost, such inspection as the Authority may specify of either or both of the following —
the building in respect of which the building works are or have been carried out;
the building, street or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works;
to execute or cause to be executed, at the developer’s cost, such building works as the Authority may specify (which may include retrofitting under Part 3); or
to demolish or cause to be demolished, at the developer’s cost, the building in respect of which the building works are or have been carried out or any part thereof, and remove any rubbish resulting from the demolition.
Where the building works referred to in subsection (1) comprise structural works, the Authority may, in lieu of or in addition to any engagement referred to or order under subsection (1) or (2), revoke any permit granted under section 8 to carry out those structural works.
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.
If the person to whom an order under subsection (2) is given fails to comply with the order within the time specified, the Authority may execute the order in such manner as the Authority thinks fit and recover in a court of competent jurisdiction as a debt due to the Authority all expenses reasonably incurred by the Authority in doing so from the person in default.
Notwithstanding the right of the Authority to exercise its powers under subsection (4), any person who, without reasonable excuse, fails to comply with any order under subsection (2) that he is given is guilty of an offence and liable on conviction to —
where the order is to immediately stop the building works —
a fine not exceeding $500,000, imprisonment for a term not exceeding 2 years or both; and
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in respect of a continuing failure to comply, an additional fine not exceeding $10,000 for each day or part thereof the person fails to comply with the order; or
in the case of any other order under subsection (2) —
a fine not exceeding $100,000, imprisonment for a term not exceeding one year or both; and
in respect of a continuing failure to comply, an additional fine not exceeding $2,500 for each day or part thereof the person fails to comply with the order, 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 —
where the order is to immediately stop the building works, $20,000 for each day or part thereof the person fails to comply with the order after conviction; or
in the case of any other order under subsection (2),
$5,000 for each day or part thereof the person fails to comply with the order after conviction.
Any person to whom any order under subsection (2) is given shall, while the order is in force, display a copy of the order at every entrance to the building to which the order relates, and such copy shall be displayed in a conspicuous manner that it can be easily read by people outside the building.
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;
Any person who contravenes subsection (6) is guilty of an offence.
The Authority may also order the developer of the building works concerned to pay or reimburse the Authority, all or a specified part of the expenses the Authority has incurred in engaging a qualified person under subsection (1)(c)(i).
qualified person
“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;
The Authority may recover in a court of competent jurisdiction as a debt due to the Authority so much of the amount payable under an order under subsection (8) as is not paid in accordance with that order.
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Any person on whom an order under subsection (8) is served may, within 14 days after the date of receipt of the order, appeal in writing to the
Minister against the order in the prescribed manner.
The Minister may determine an appeal under subsection (10) by confirming, varying or cancelling the order of the Authority under subsection (8); and the decision of the Minister in any such appeal is final.
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 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;
prescribed
Defined · s 42“prescribed” means prescribed in any regulations made under section 52.
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;
structural works
Defined · s 2“structural works” means works in relation to the structural elements of the building works;
Part
Inspection of Buildings
Part
Licensing of Builders
Part