Building Control Act · 2023 Revised Edition · Part · Control of Building Works
6. Departure or deviation from approved building plans
Official textFrom Attorney General's Chambers, unchanged
Where the plans of any building works or proposed building works have been approved by the Authority under section 5(3)(a) and the
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.
Building Control qualified person, being an architect, of the building works intends to depart or deviate from the plans approved, that qualified person shall apply to the Authority for its approval of the amended plans showing the proposed departure or deviation.
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 under subsection (1) shall be accompanied by —
the amended plans of the building works prepared in accordance with the building regulations by the appropriate qualified person referred to in section 5(2)(b)(i) or (ii) or both, as the case may be;
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 amended plans relating to those building works and that, to the best of his knowledge and belief, the amended 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, a 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 amended 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; and
in the case of such major building works as the Authority may specify, a letter of endorsement from the qualified person (being a 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);
Building Control 24
in the case of such major building works as specified by the
Authority under paragraph (c), 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 amended plans of those building works, certifying that he prepared those amended plans.
The first approval granted under section 5 of any plans of building works shall lapse and be superseded to the extent that the amended plans relating to those same building works are approved under this section
(whether or not the approval also relates to other building works).
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.
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;
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
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