Singapore legislation

Clause 32

of Building Control (Amendment) Bill

Clause 32

Amendment of section 29G

Section 29G of the principal Act is amended —

(a)

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

(a)

has paid the prescribed fee for the specialist builder’s licence;

(b)

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

(c)

satisfies either of the following:

(i)

the individual has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a licensed specialist builder for that type of specialist building works or as a supervisor of those specialist building works;

(ii)

the individual otherwise satisfies the Commissioner of Building Control that he has had such practical experience in the work of a licensed specialist builder for that type of specialist building works or as a supervisor of those specialist building works as to render the individual competent to carry on the business of a specialist builder in Singapore for that type of specialist building works; and

(d)

satisfies the Commissioner of Building Control that the execution and performance of specialist building works of that type in Singapore that the individual undertakes is under the personal supervision of —

(i)

the individual, where he has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed for that type of specialist building works; or

(ii)

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

(a)

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

(b)

satisfies the Commissioner of Building Control that the management of the applicant’s business, insofar as it relates to specialist building works of that type 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 specialist builder for that type of specialist building works; or

(ii)

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

(c)

satisfies the Commissioner of Building Control that the execution and performance of that type of specialist 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 for that type of specialist building works; 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 for that type of specialist building works.(2) Subject to subsection (4), a partnership that applies for a specialist builder’s licence for any type of specialist building works is eligible to be granted such a licence if, and only if, the partnership —

(a)

has paid the prescribed fees for a specialist 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 specialist building works of that type 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 specialist builder for that type of specialist 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 specialist builder for that type of specialist building works or as a supervisor of those specialist building works as to render the approved person competent to manage the business of a specialist builder in Singapore for that type of specialist building works; and

(d)

satisfies the Commissioner of Building Control that the execution and performance of that type of specialist 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 for that type of specialist building works; 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 for that type of specialist building works.(2A) For the purposes of subsection (2)(b), 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 specialist builder’s licence for any type of specialist building works is eligible to be granted such a licence if, and only if, the corporation —

(a)

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

(b)

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

(c)

has a paid‑up capital of not less than $25,000 (or its equivalent in a foreign currency);

(d)

satisfies the Commissioner of Building Control that it is duly authorised to carry on the business of a specialist 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 specialist building works of that type 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 specialist builder for that type of specialist 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 for that type of specialist 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 specialist builder in Singapore for that type of specialist building works; and

(g)

satisfies the Commissioner of Building Control that the execution and performance of that type of specialist 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 for that type of specialist building works; 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 for that type of specialist building works.”; and

(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”.

Clause 32 — Building Control (Amendment) Bill | laws.sg