Building Control Act · 2023 Revised Edition · Part · Dangerous Buildings and Occurrences
35. Dangerous buildings
Official textFrom Attorney General's Chambers, unchanged
If the Authority is of the opinion that a building is in such a condition, or is used to carry such loads, as to be or likely to be dangerous, the Authority may, for the purpose of obviating any danger, order the owner of the building to do all or any of the following —
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;
to carry out or cause to be carried out, at the owner’s cost, such inspection of the building as the Authority may specify;
to execute or cause to be executed, at the owner’s cost, such building works as the Authority may specify (which may include retrofitting under Part 3);
to demolish or cause to be demolished, at the owner’s cost, the building or any part thereof, and remove any rubbish resulting from the demolition;
to cause, at the owner’s cost the building to be shored up or otherwise secured and a proper hoarding or fence to be put up for the protection of the public from danger, or arranging for the building to be watched.
The Authority may, in lieu of or in addition to any order made under subsection (1), make —
an occupancy order directing the owner or occupier of the building to disallow more than the number of people stated in the occupancy order to be in the building at any time or to otherwise restrict the use of the building, until the Authority, being satisfied that any inspection or building works referred to in subsection (1) are completed, withdraws the order; or
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a closure order directing the closure of the building, and that every owner and occupier of the building shall quit the building and shall not allow anyone else to occupy the building except as permitted under this Part.
Before exercising any of its powers under subsection (2), the
Authority shall, if it is reasonably practicable to do so, give notice of its intention to make an occupancy order or a closure order, as the case may be.
occupancy order
“occupancy order” means the occupancy order made by the Authority under section 35(2)(a).
If the person to whom an order in subsection (1) 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, except that so far as the expenses incurred under this section consist of expenses of fencing off the building, or arranging for it to be watched, the expenses shall not be recoverable in respect of any period after the danger has been removed by other steps under this section.
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 made under subsection (1) that he is given is guilty of an offence and liable on conviction —
to 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, to 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 $5,000 for each day or part thereof the person fails to comply with the order after conviction.
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Any person to whom any occupancy order or closure order made 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.
closure order
“closure order” means the closure order made by the Authority under section 35(2)(b);
Any person who contravenes subsection (6) is guilty of an offence.
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.
closure order
Defined · s 33“closure order” means the closure order made by the Authority under section 35(2)(b);
occupancy order
Defined · s 33“occupancy order” means the occupancy order made by the Authority under section 35(2)(a).
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;
Part
Inspection of Buildings
Part
Licensing of Builders
Part