Building Control Act · 2023 Revised Edition · Part · Inspection of Buildings
40. Periodic inspection of buildings
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (2), the Authority may, by notice served on the owner of a building to which this Part applies, require the building to be inspected.
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;
In relation to any building to which this Part applies, a notice under subsection (1) may be made —
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;
where the building is used other than solely for residential purposes, after the fifth year commencing from the date the first temporary occupation permit or first occupation permit was issued in respect of the building, whichever was issued earlier, and thereafter at intervals of not less than 5 years from the date of the last notice under this section; or
where the building is used solely for residential purposes, after the tenth year commencing from the date the first temporary occupation permit or first occupation permit was issued in respect of the building, whichever was issued earlier, and thereafter at intervals of not less than 10 years from the date of the last notice under this section.
Building Control
Every owner of a building to which this Part applies shall, on receipt of a notice under subsection (1), causes the building to be inspected within the period specified in the notice and in the prescribed manner by a structural engineer appointed by the owner.
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;
Where a building comprising two or more principal units is not subdivided, the owners of those principal units shall, on receipt of a notice under subsection (1), jointly appoint a structural engineer to inspect the building within such time as may be specified in the notice and in the prescribed manner.
structural engineer
“structural engineer” means a person who is registered under the Architects, Professional Engineers and Quantity Surveyors Order, 2011 in the civil or structural engineering discipline and who has in force a practising certificate issued under that Order authorising him to engage in civil or structural engineering work.
The structural engineer who is appointed by the owner of a building to carry out an inspection of a building under this section shall be entitled at all reasonable times to full and free access to the building and any part thereof he is required to inspect.
Any person who hinders, obstructs or delays the structural engineer in the performance of his duty under subsection (5) is guilty of an offence and liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction.
A structural engineer appointed to carry out an inspection of a building under this section shall —
carry out the inspection in the prescribed manner;
on completion of the inspection, prepare and sign a report of the result of the inspection; and
serve a copy of the report on the Authority within such period as the Authority may specify in the notice under subsection (1).
Where the report of the result of the inspection of a building prepared under subsection (7)(b) contains any measure or other building works recommended by the structural engineer to be carried out to ensure the structural stability or integrity of the building, the owner of the building shall, within such period and subject to such conditions as may be specified by the Authority, carry out such measure or building works as is recommended by the structural engineer in the report.
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.
Building Control 74
Any owner of a building who contravenes or fails to comply with a notice under subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $20,000.
Any owner of a building who fails to comply with subsection (3), (4) or (8) within the period specified in the notice under subsection (1) or within the period specified under subsection (8), is guilty of an offence and liable on conviction —
to a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both; and
in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part thereof during which the contravention continues, and if the contravention 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 $2,000 for every day or part thereof during which the contravention continues after conviction.
Any structural engineer who contravenes subsection (7)(a), (b)
or (c) is guilty of an offence and liable on conviction to a fine not exceeding $20,000.
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.
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;
prescribed
Defined · s 42“prescribed” means prescribed in any regulations made under section 52.
structural engineer
Defined · s 38“structural engineer” means a person who is registered under the Architects, Professional Engineers and Quantity Surveyors Order, 2011 in the civil or structural engineering discipline and who has in force a practising certificate issued under that Order authorising him to engage in civil or structural engineering work.
temporary occupation permit
Defined · s 2“temporary occupation permit” means a temporary occupation permit granted under section 16(3);
Part
Licensing of Builders
Part