Building Control Act · 2023 Revised Edition · Part · General
65. Service of documents
Official textFrom Attorney General's Chambers, unchanged
Any notice, order or document required or authorised to be served under this Act is deemed to be sufficiently served —
by delivering a copy thereof personally or by leaving it with some adult person at the last known place of residence of the person on whom the notice is to be served;
by leaving it at the usual or last known place of residence or business of the person on whom the notice is to be served in a cover addressed to that person or by posting it upon a conspicuous part of those premises;
by sending it by registered post addressed to the person on whom the notice is to be served at his usual or last known place of residence or business; or
in the case of an incorporated company, a partnership or a body of persons —
by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; or
by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business.
Any notice, order or document required or authorised to be served under this Act on the owner or occupier of any premises or building is also deemed to be sufficiently served by delivering a copy thereof personally to some adult person on the premises or building or, if there is no such person to
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;
Building Control whom it can with reasonable diligence be delivered, by affixing the notice, order or document to some conspicuous part of the premises or building.
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;
Any notice, order or document required or authorised by this Act to be served on the owner or the occupier of any premises is deemed to be properly addressed if addressed by the description of the “owner” or
occupier
“occupier”, in relation to any building, means the person in occupation of the building or having the charge, management or control thereof, either on his own account or as agent of another, but does not include any lodger within the building;
“occupier” of the premises without further details.
premises
“premises” includes buildings, lands, easements and hereditaments of any tenure;
Any notice, order or document to be issued by the Authority under this Act or the building regulations may be issued in such form as the
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;
Authority may determine and every such notice, order or document shall be valid if the signature of the Authority or any officer authorised under this Act is duly printed or written thereon.
Any notice, order or document sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order or document, as the case may be, would in the ordinary course of post be delivered and, in proving service of the notice, order or document, it shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.
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;
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;
occupier
Defined · s 2“occupier”, in relation to any building, means the person in occupation of the building or having the charge, management or control thereof, either on his own account or as agent of another, but does not include any lodger within the building;
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;