Building Control Act · 2023 Revised Edition · Part · Inspection of Buildings
41. Independence of structural engineers
Official textFrom Attorney General's Chambers, unchanged
A structural engineer shall not be appointed by the Authority or owner of a building for the purpose of carrying out an inspection of a building under section 40 if the structural engineer has any professional or financial interest in the building.
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.
A structural engineer shall be regarded as having a professional or financial interest in any building if —
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;
he is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which —
do not affect any key structural element; or
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affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;
he or any nominee of his is a member, an officer or employee of a company or other body which has a professional or financial interest in the building or any part thereof;
he is a partner or is in the employment of a person who has a professional or financial interest in the building or any part thereof; or
he holds any interest in the building or any part thereof.
In this section —
a person shall be treated as having a professional or financial interest in the building even if he has that interest only as trustee for the benefit of some other person; and
in the case of married people, the interest of one spouse shall, if known to the other, be deemed to be also an interest of the other.
In this section —
involvement in the inspection of a building under section 40;
and
entitlement to any fee paid for carrying out any inspection under section 40, shall not be regarded as constituting a professional or financial interest.
The Minister may, by notification published in the Gazette, exempt from subsection (1) any building or building works owned by or to be carried out for —
the Government; or
any other public authority constituted by any written law.
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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;
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;
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.
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Licensing of Builders
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