Building Control Act · 2023 Revised Edition · Part · General
58. Presumptions and defences
Official textFrom Attorney General's Chambers, unchanged
In any proceedings instituted under this Act for the commencement or carrying out of any building works on any premises in contravention of this Act or the building regulations, the owner of the premises at the time the building works were commenced or carried out shall be presumed, until the contrary is proved, to be the person commencing or carrying out the 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.
Where anything is required under this Act to be done by the owner of a building, and there is more than one owner of such building, it shall be a defence to any prosecution for failing to do that thing —
owner
“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;
that such thing was done by another owner of the building; or
that any notice or order in respect of such thing required under this Act to be served on the owner was served on another owner of the building and not on the person charged.
Building Control
Terms defined in s 2
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.
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;
premises
Defined · s 2“premises” includes buildings, lands, easements and hereditaments of any tenure;