Building Control Act · 2023 Revised Edition · Part · Licensing of Builders
49. Other conditions of builder’s licence
Official textFrom Attorney General's Chambers, unchanged
Where any general building works or specialist building works are carried out by a licensed builder who is an individual, he shall ensure that —
general building works
“general building works” means any building works other than specialist building works;
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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;
the execution and performance of the general building works or specialist building works, as the case may be, shall be personally supervised —
by himself; or
by at least one of his employees who is employed to manage and supervise those building works undertaken and who meets the requirements of section 47(1)(c)(i);
and
the name of that licensed builder or employee shall appear in any sign affixed or erected on the site where the general building works or specialist building works are carried out.
Where any general building works or specialist building works are carried out by a licensed builder which is a partnership, the partners thereof shall ensure that the execution and performance of the general building works or specialist building works, as the case may be, shall be personally supervised by —
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;
at least one partner of the partnership; or
at least one of its employees who is employed in such a manner and with such similar duties and responsibilities as a partner, who meets the requirements of section 47(1)(c)(i).
Where any general building works or specialist building works are carried out by a licensed builder which is a corporation, the corporation shall ensure that the execution and performance of the general building works or specialist building works, as the case may be, shall be personally supervised by —
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;
at least one director of the corporation or a member of its board of management; or
at least one of its employees who is employed in such a manner and with such similar duties and responsibilities as a director or member of its board of management, who meets the requirements of section 47(1)(c)(i).
Building Control
It shall be a condition of every builder’s licence granted to a partnership or a corporation that the management of the business of the partnership or corporation in so far it relates to general building works or specialist building works, as the case may be, shall at all times be under the charge and direction of —
a partner in the case of the partnership; or
in the case of a corporation, a director or a member of the board of management of the corporation or an employee of the corporation who is employed in such a manner and with such similar duties and responsibilities as a director or member of its board of management, who satisfies the Authority that he meets the requirements of section 47(2)(b) or (3)(e).
Notwithstanding subsections (1) to (5), the Authority may grant a builder’s licence subject to such other conditions as the Authority thinks fit and may vary any existing conditions (other than those specified in subsections (1) to (5)) of such a licence or impose additional conditions thereto.
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;
Before making any modification to the conditions of a builder’s licence under this section, the Authority shall give notice to the licensed builder concerned —
stating that he proposes to make the modification in the manner specified in the notice; and
specifying the time (being not less than 14 days from the date of service of notice on the licensed builder concerned) within which written representations with respect to the proposed modification may be made.
Upon receipt of any written representation referred to in subsection (6)(b), the Authority shall consider the representation and may reject the representation or amend the proposed modification in accordance with the representation, or otherwise and, in either event, shall thereupon issue a direction in writing to the licensed builder concerned requiring that effect be given to the proposed modification specified in the notice or to such
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modification as subsequently amended by the Authority within a reasonable time.
Terms defined in s 2
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;
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;
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