Building Control Act · 2023 Revised Edition · Part · Control of Building Works
9. Modification or waiver of building regulations
Official textFrom Attorney General's Chambers, unchanged
The Authority may, on receipt of an application in relation to any particular building works, advertisements, signboards or skysigns, modify or waive, subject to such conditions as the Authority may impose, any of the requirements of the building regulations.
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;
Every application under subsection (1) shall —
be made to the Authority by or on behalf of the developer, or the qualified person, of the building works, advertisements, signboards or skysigns;
be in such form as may be required by the Authority;
state the nature and extent of and the reasons for the proposed modification or waiver of those requirements; and
be accompanied by such plans and other particulars as may be prescribed in the building regulations.
Building Control
Terms defined in this Act
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;
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;
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