Building Control Act · 2023 Revised Edition · Part · Control of Building Works
5. Application for approval of plans of building works
Official textFrom Attorney General's Chambers, unchanged
An application for approval of the plans of any building works shall be made to the Authority by the qualified person appointed by the developer of those building works.
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.
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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;
An application for approval of the plans of any building works shall be accompanied by —
the application fee prescribed (if any);
the names and particulars of —
the appropriate qualified person whom the developer has appointed to prepare the plans of those building works;
and
where the building works comprise wholly or partly of any underground building works, the geotechnical engineer whom the developer of the building works has appointed to prepare the plans relating to the geotechnical aspects of those underground building works;
the plans of the building works prepared in accordance with the building regulations;
in the case of major building works, a certificate from the following accredited checkers —
a certificate by an accredited checker stating that he has checked the plans relating to those building works and that, to the best of his knowledge and belief, the plans so checked do not show any inadequacy in the key structural elements of the building to be erected or affected by those building works; and
where the building works comprise wholly or partly of any underground building works, another certificate by an accredited checker (who may or may not be the same accredited checker referred to in sub-paragraph (i))
stating that the accredited checker has checked the geotechnical aspects of those underground building works and that, to the best of his knowledge and belief, there is no inadequacy in the geotechnical aspects relating to those underground building works;
in the case of such major building works as the Authority may specify, a letter of endorsement from the qualified person (being a
Building Control professional engineer) appointed by the qualified person (being an architect), stating that all plans relating to structural elements of the building works have been prepared by a member or an employee of his organisation who is also a professional engineer registered under the Architects, Professional Engineers and Quantity Surveyors
Order, 2011 (S 33/2011);
in the case of such major building works as specified by the
Authority under paragraph (e), where such building works comprise wholly or partly of any underground building works, another letter of endorsement by a professional engineer registered under the
Architects,
Professional
Engineers and
Quantity
Surveyors
Order, 2011 (S 33/2011) and has in force a practising certificate issued under section 25 of that Order, (who may or may not be the same professional engineer appointed by the qualified person) stating that he or a member or an employee of his organisation has checked the geotechnical aspect of those underground building works and that, to the best of his knowledge and belief, there is no inadequacy in the geotechnical aspects relating to those underground building works;
the certificate (in the form prescribed) signed by the qualified person appointed to prepare the plans of those building works, certifying that he prepared those plans; and
such other documents as may be prescribed in the building regulations.
Upon receiving an application under subsection (1) for the approval of plans of any building works, the Authority shall consider the application and may —
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;
approve any one or more of the plans submitted to the
Authority, with or without conditions;
direct the qualified person, being an architect or a professional engineer (in writing) to comply with such requirements as the Authority may specify for the purpose of ensuring that all or any of the plans submitted to the Authority comply with this Act and the building regulations and to re-submit those plans for the Authority’s approval, within such period as may be specified in the direction; or
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disapprove any one or more of the plans submitted to the
Authority.
If the direction given by the Authority under subsection (3)(b) is not complied with within the period specified in that direction, or such further period as may be extended by the Authority, the application for approval of those plans shall, at the end of that period, be deemed to be disapproved by the Authority.
The Authority may, without checking the plans and design calculations of any building works, approve those plans on the basis of —
where the plans relate to any major building works or underground building works, the certificate of an accredited checker, certifying that —
the accredited checker has checked the plans relating to the major building works and that, to the best of his knowledge and belief, the plans so checked do not show any inadequacy in the key structural elements of the building to be erected or affected by those major building works; and
where the building works comprise wholly or partly of any underground building works, the accredited checker has checked the geotechnical aspects of the underground building works and that, to the best of his knowledge and belief, there is no inadequacy in the geotechnical aspects relating to those underground building works; or
in any other case, the certificate (in the form prescribed)
signed by the qualified person appointed to prepare the plans of those building works, certifying that he prepared those plans.
Notwithstanding subsection (5), the Authority may, in its discretion, carry out random checks on any of the detailed structural plans, design calculations or geotechnical aspects of any building works before approving those plans under that subsection.
geotechnical aspects
“geotechnical aspects”, in relation to any underground building works, means — (a) an analysis of the geological structure and earth materials of the site of the underground building works and its influence on the underground building works; (b) an analysis of the ground-water regime and its influence on the wall stability and integrity of the underground building works over time; and (c) such other applications of earth sciences to and engineering aspects of the underground building works as may be prescribed;
Terms defined in this Act
accredited checker
Defined · s 2“accredited checker” means a person who is registered as an accredited checker under section 20, whether acting on his own behalf or on behalf of an accredited checking organisation;
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 regulations
Defined · s 2“building regulations” means any regulations made under section 74;
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.
developer
Defined · s 2“developer”, in relation to any building works, means the person for whom or on whose behalf the building works are carried out;
geotechnical aspects
Defined · s 2“geotechnical aspects”, in relation to any underground building works, means — (a) an analysis of the geological structure and earth materials of the site of the underground building works and its influence on the underground building works; (b) an analysis of the ground-water regime and its influence on the wall stability and integrity of the underground building works over time; and (c) such other applications of earth sciences to and engineering aspects of the underground building works as may be prescribed;
geotechnical engineer
Defined · s 2“geotechnical engineer” means a professional engineer who is registered under the Architects, Professional Engineers and Quantity Surveyors Order, 2011 which includes a structural engineer in the specialised branch of geotechnical engineering;
key structural elements
Defined · s 2“key structural elements” means the geotechnical aspects, foundations, columns, beams, shear cores, structural walls, struts, ground anchors and such other parts of a building which are essential for its support and overall structural stability;
major building works
Defined · s 2“major building works” means building works other than large building works and minor building works;
prescribed
Defined · s 42“prescribed” means prescribed in any regulations made under section 52.
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;
structural elements
Defined · s 2“structural elements” means those parts or elements of a building which resist forces and moments, and includes foundations, beams, columns, shear cores, structural walls, struts, ground anchors, slabs, trusses, staircases, load bearing walls and all other elements designed to resist forces and moments but does not include doors, windows and non-load bearing walls;
underground building works
Defined · s 2“underground building works” means any of the following building works, the carrying out of which starts on or after the date to be specified by the Minister by order published in the Gazette — (a) any excavation or other building works to make — (i) a tunnel with a diameter, width or height of more than 2 metres; or (ii) a caisson, cofferdam, trench, ditch, shaft or well with a depth of more than 6 metres; (b) any building works for constructing, altering or repairing any earth retaining structure in or for a trench, ditch, shaft or well with a depth or height of more than 6 metres; or (c) such type of foundation works as the Minister may prescribe in the building regulations for buildings of 30 or more storeys;
Part
Retrofitting of Exterior Features
Part
Disability and Other Performance Requirements for Buildings
Part
Dangerous Buildings and Occurrences
Part
Inspection of Buildings
Part
Licensing of Builders
Part