Building Control Act · 2023 Revised Edition · Part · Licensing of Builders
46. Application for builder’s licence
Official textFrom Attorney General's Chambers, unchanged
An application for a builder’s licence shall be made to the
builder
“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;
Authority in the prescribed manner and accompanied by the application fee as may be prescribed.
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;
An applicant for a builder’s licence shall, at the request of the
Authority, provide any further information or evidence that the Authority may require to decide the application.
Subject to section 47, upon receiving an application for a builder’s licence under subsection (1), the Authority shall consider the application and may, grant a builder’s licence of such class as the Authority may specify in the licence with or without conditions or, refuse to grant any such licence.
In deciding whether to grant a licence, the Authority may make inquiries and investigations that are reasonable and appropriate in the circumstances so as to be satisfied as to —
the good character of the applicant or, if the applicant is a corporation or partnership, the general character of the management of the corporation or of the partners;
the financial condition of the applicant; and
whether the public interest will be served by the granting of the licence,
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including —
seeking confirmation about the experience of the applicants through site inspections and referee checks;
and
carrying out checks with the Commissioner of
Workplace
Safety and
Health appointed under section 7(1) of the Workplace Safety and Health Order,
2009 (S 44/2009) and the Official Receiver.
The Authority may refuse to grant a licence under this section to any corporation or partnership if, in the opinion of the Authority, the past conduct of any director, manager or employee of the corporation or any partner, manager or employee of the partnership affords reasonable grounds for believing that the corporation or partnership, as the case may be, will not carry on the business of a builder in accordance with any written law and with honesty and integrity.
Every builder’s licence shall, unless earlier revoked, be valid for such period as may be specified therein, and upon its expiry, the licence may be renewed.
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;
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;
prescribed
Defined · s 42“prescribed” means prescribed in any regulations made under section 52.
Part