Singapore legislation

Clause 31

of Building Control (Amendment) Bill

Clause 31

Amendment of section 29F

Section 29F of the principal Act is amended —

(a)

by deleting subsections (1), (2) and (3) and substituting the following subsections:“(1) Subject to subsections (4) and (5), an individual carrying on business as a sole proprietor (P) who applies for a general builder’s licence is eligible to be granted such a licence if, and only if, P —

(a)

has paid the prescribed fees for a general builder’s licence;

(b)

satisfies the Commissioner of Building Control that P is of good character, and intends to carry on business on P’s own account;

(c)

satisfies either of the following requirements:

(i)

P has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a general builder or as a supervisor of general building works;

(ii)

P otherwise satisfies the Commissioner of Building Control that P has had such practical experience in the work of a general builder or as a supervisor of general building works as to render P competent to carry on the business of a general builder in Singapore; and

(d)

satisfies the Commissioner of Building Control that the execution and performance of any general building works in Singapore that P undertakes is under the personal supervision of —

(i)

P, where P has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed; or

(ii)

one or more employees of P, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed.(1A) Subject to subsections (4) and (5), a corporation carrying on business as a sole proprietor (called in this subsection the applicant) which applies for a general builder’s licence is eligible to be granted such a licence if, and only if, the applicant —

(a)

has paid the prescribed fees for a general builder’s licence;

(b)

satisfies the Commissioner of Building Control that the management of the applicant’s business, insofar as it relates to general building works in Singapore, is at all times under the charge and direction of a director or member of the board of management of the applicant who —

(i)

has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a general builder or as a supervisor of general building works; or

(ii)

otherwise satisfies the Commissioner of Building Control that the director or member has had such practical experience in the work of a general builder or as a supervisor of general building works as to render the director or member competent to manage the business of a general builder in Singapore; and

(c)

satisfies the Commissioner of Building Control that the execution and performance of any general building works in Singapore that the applicant undertakes is under the personal supervision of —

(i)

the director or member of the board of management mentioned in paragraph (b), who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed; or

(ii)

one or more employees of the applicant, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed.(2) Subject to subsections (4) and (5), a partnership which applies for a general builder’s licence is eligible to be granted such a licence if, and only if, the partnership —

(a)

has paid the prescribed fees for a general builder’s licence;

(b)

satisfies the Commissioner of Building Control that the partnership includes one or more individuals who satisfy subsection (2A) (called in this section an approved person);

(c)

satisfies the Commissioner of Building Control that the management of the partnership’s business, insofar as it relates to general building works in Singapore, is at all times under the charge and direction of an approved person who —

(i)

has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a general builder or as a supervisor of general building works; or

(ii)

otherwise satisfies the Commissioner of Building Control that the approved person has had such practical experience in the work of a general builder or as a supervisor of general building works as to render the approved person competent to manage the business of a general builder in Singapore; and

(d)

satisfies the Commissioner of Building Control that the execution and performance of any general building works in Singapore that the partnership undertakes is under the personal supervision of —

(i)

an approved person who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed; or

(ii)

one or more employees of the partnership, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed.(2A) For the purposes of subsection (2), an approved person is —

(a)

where the partnership comprises 2 or more individuals, a partner who satisfies the Commissioner of Building Control that the partner is a person of good character;

(b)

where the partnership comprises 2 or more corporations, a director or member of the board of management of any such corporation who satisfies the requirements in subsection (1A)(b);

(c)

where the partnership comprises both individuals and corporations, any individual mentioned in paragraph (a) or (b); and

(d)

where the partnership is a limited liability partnership, the manager mentioned in section 23(1) of the Limited Liability Partnerships Act who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed.(3) Subject to subsection (4), a corporation which applies for a general builder’s licence is eligible to be granted such a licence if, and only if, the corporation —

(a)

has paid the prescribed fees for a general builder’s licence;

(b)

is not a company limited by guarantee or a corporation sole;

(c)

has a paid‑up capital of —

(i)

not less than $25,000 (or its equivalent in a foreign currency), where it is applying for a Class 2 general builder’s licence; or

(ii)

not less than $300,000 (or its equivalent in a foreign currency), where it is applying for a Class 1 general builder’s licence;

(d)

satisfies the Commissioner of Building Control that it is duly authorised to carry on the business of a general builder;

(e)

is accredited or registered with a prescribed professional or technical body or organisation;

(f)

satisfies the Commissioner of Building Control that the management of the corporation’s business, insofar as it relates to general building works in Singapore, is at all times under the charge and direction of a director or member of the board of management of the corporation who —

(i)

has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a general builder or as a supervisor of general building works; or

(ii)

otherwise satisfies the Commissioner of Building Control that the director or member of the board of management (as the case may be) has had such practical experience in the work of a general builder or as a supervisor of general building works as to render the director or member of the board of management (as the case may be) competent to manage the business of a general builder in Singapore; and

(g)

satisfies the Commissioner of Building Control that the execution and performance of any general building works in Singapore that the corporation undertakes is under the personal supervision of —

(i)

a director or member of the board of management of the corporation who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed; or

(ii)

one or more employees of the corporation, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed.”;

(b)

by deleting the words “Notwithstanding subsection (1), (2) or (3), the Commissioner” in subsection (4) and substituting the words “Despite subsection (1), (1A), (2) or (3), the Commissioner of Building Control”; and

(c)

by deleting the words “natural person” in subsection (5) and substituting the words “sole proprietor”.

Clause 31 — Building Control (Amendment) Bill | laws.sg