Building Control Act · 2023 Revised Edition · Part · Licensing of Builders
42. Interpretation
Official textFrom Attorney General's Chambers, unchanged
In this Part, unless the context otherwise requires —
“building works” means any building works to which Part 2
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.
applies;
“minor specialist building works” means —
specialist building works
“specialist building works” means — (a) piling works comprising installation and testing of pre-cast reinforced concrete or pre-stressed concrete piles, steel piles, bored cast-in-place reinforced concrete piles, caissons and special pile types like micro-piles, barrettes piles and composite piles, embedded retaining wall piles like diaphragm walls, contiguousbored piles or secant piles; (b) ground support and stabilisation works, including installation and testing of ground anchors, soil nails, rock bolts, ground treatment like chemical grouting and jet-grouting, reinforced-earth, shotcreting and tunnel supports; (c) site investigation work comprising field investigations, exploratory drilling or coring, logging, sampling, coring, in-site plate-loading tests, pressure meter tests, penetration tests, vane shear tests, probing tests, permeability tests, geological mapping and geophysical surveys, and installation and monitoring of instruments measuring forces, deformation, displacements, pore and earth pressures, and ground-water levels; (d) structural steelwork comprising — (i) fabrication of structural elements; (ii) erection work like site cutting, site welding and site bolting; and (iii) installation of steel supports for underground building works; (e) pre-cast concrete work comprising fabrication of pre-cast structural elements; (f) in-site post-tensioning work comprising setting out of tendon profiles, laying of conduits, anchorages and bursting reinforcement, pulling or stressing of cables, pressure grouting of conduits; and (g) such other building works as the Minister may, by order published in the Gazette, declare to be specialist building works;
specialist building works associated with minor building works;
structural steelwork comprising fabrication and erection work for structures with a cantilever length of not more than 3 metres, a clear span of less than 6 metres and a plan area not exceeding 150 square metres;
pre-cast concrete work comprising casting of pre-cast reinforced concrete slabs or planks on site;
such other specialist building works as the Minister may, by notification published in the Gazette, declare to be minor specialist building works;
“prescribed” means prescribed in any regulations made under section 52.
In this Part —
a person carries on the business of a builder if the person carries out, or undertakes to carry out, (whether exclusively or in conjunction with any other business) general building works for or on behalf of another person for a fixed sum, percentage, or valuable consideration, or reward other than wages, but not if the person carries out, or undertakes to carry out, general building works only as a sub-contractor;
a person carries on the business of a builder if the person carries out, or undertakes to carry out, (whether exclusively or in conjunction with any other business) any specialist building works for or on behalf of another person for a fixed sum, percentage, or valuable consideration or reward other than wages;
Building Control
a person carries out general building works or specialist building works whether that person carries it out personally, or directly or indirectly causes it to be carried out;
a person is deemed to carry on the business of a builder if he carries out general building works or specialist building works, as the case may be, on or in respect of a building for himself; and
a person undertakes to carry out general building works or specialist building works if that person enters into a contract to carry it out or submits a tender or makes an offer to carry it out.
For the avoidance of doubt, nothing in this Part shall prohibit or prevent —
any person not licensed under this Part from carrying out any building works to which Part 2 does not apply;
any site supervisor or team of site supervisors appointed under section 14(1) from carrying on any activity solely for the purpose of that section; or
a qualified person, or any person under the direction or supervision of such a qualified person, from carrying on any activity within the practice of architecture or professional engineering which the qualified person is authorised to carry on under any written law other than this Act.
Terms defined in s 2
builder
Defined · s 2“builder” means any person who undertakes, whether exclusively or in conjunction with any other business, to carry out any building works for his own account, or for or on behalf of another person (referred to in this definition as A), but does not include any person who contracts with a builder for the execution by that person of the whole or any part of any building works undertaken by the builder for or on behalf of A under a contract entered into by the builder with A;
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.
general building works
Defined · s 2“general building works” means any building works other than specialist building works;
minor building works
Defined · s 2“minor building works” means building works (not being underground building works) that are prescribed in the building regulations as building works the plans of which do not require a certification from an accredited checker for the purposes of section 5 or 6;
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;
site supervisor
Defined · s 2“site supervisor” means a person appointed (whether alone or as a member of a team of site supervisors) under section 14 to be a site supervisor in respect of any small-scale or large building works;
specialist building works
Defined · s 2“specialist building works” means — (a) piling works comprising installation and testing of pre-cast reinforced concrete or pre-stressed concrete piles, steel piles, bored cast-in-place reinforced concrete piles, caissons and special pile types like micro-piles, barrettes piles and composite piles, embedded retaining wall piles like diaphragm walls, contiguousbored piles or secant piles; (b) ground support and stabilisation works, including installation and testing of ground anchors, soil nails, rock bolts, ground treatment like chemical grouting and jet-grouting, reinforced-earth, shotcreting and tunnel supports; (c) site investigation work comprising field investigations, exploratory drilling or coring, logging, sampling, coring, in-site plate-loading tests, pressure meter tests, penetration tests, vane shear tests, probing tests, permeability tests, geological mapping and geophysical surveys, and installation and monitoring of instruments measuring forces, deformation, displacements, pore and earth pressures, and ground-water levels; (d) structural steelwork comprising — (i) fabrication of structural elements; (ii) erection work like site cutting, site welding and site bolting; and (iii) installation of steel supports for underground building works; (e) pre-cast concrete work comprising fabrication of pre-cast structural elements; (f) in-site post-tensioning work comprising setting out of tendon profiles, laying of conduits, anchorages and bursting reinforcement, pulling or stressing of cables, pressure grouting of conduits; and (g) such other building works as the Minister may, by order published in the Gazette, declare to be specialist building works;
Part