Building Control Act · 2023 Revised Edition · Part · Control of Building Works
8. Permit to carry out building works
Official textFrom Attorney General's Chambers, unchanged
Subject to this Act, an application for a permit to carry out any building works may be made to the Authority by the qualified person.
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.
An application for a permit to carry out any building works shall be accompanied by —
a notification, signed by the qualified person of the building works, stating the date on which those building works are to commence;
the names and particulars of —
the qualified person appointed under section 12(1) to supervise the carrying out of those building works; and
where the building works comprise wholly or partly of any underground building works, the geotechnical engineer who is appointed under section 12 to supervise the geotechnical aspects of those underground building works;
the following documents signed by the builder —
an acceptance of his appointment in respect of the building works; and
an undertaking of responsibility for strict compliance with this Act and the building regulations;
the following documents signed by the qualified person or persons referred to in paragraph (b) —
a confirmation of his appointment in respect of the building works; and
a notice of the names and particulars of the site supervisor, or all members of the team of site
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supervisors, he has appointed in respect of the building works in accordance with section 14(1) or (2); and
such other documents as the Authority may require.
The Authority may, on an application made under subsection (1), grant a permit to carry out any building works to the qualified person, subject to such conditions as the Authority thinks fit to impose.
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;
Upon the grant of a permit under subsection (3), the qualified person shall inform the developer and the builder of the grant.
qualified person
“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;
The Authority may revoke a permit to carry out any building works, and if the building works has commenced, it is suspended for a continuous period of more than 3 months.
Any permit to carry out building works granted under this section is transferable, if the Authority is notified of and approved the changes in subsection (2)(c), (d) and (e).
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 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;
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;
site supervisor
Defined · s 2“site supervisor” means a person appointed (whether alone or as a member of a team of site supervisors) under section 14 to be a site supervisor in respect of any small-scale or large building works;
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;
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Licensing of Builders
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