In forceAmended2020 Revised Edition

Contents

Building Control Act 1989 · 2020 Revised Edition · Part 2 · Control of Building Works

11. Duties of builders

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Amended

Last amended by an amending law of 2026. 5 amendments in all.

(1)

A builder undertaking any building works must —

(a)

ensure that the building works are carried out in accordance with —

(i)

the provisions of this Act;

(ii)

subject to section 6A, the building regulations;

(iii)

the relevant plans approved or deemed approved by the Commissioner of Building Control and supplied to the builder by a qualified person under section 9(1)(c); and

(iv)

any terms and conditions imposed by the Commissioner of Building Control in accordance with the provisions of this Act and, subject to section 6A, the building regulations;

(b)

notify the Commissioner of Building Control of any contravention of this Act or the building regulations relating to those building works of which the builder knows or ought reasonably to know;

(c)

keep at the premises on which the building works are carried out, and make available on request (at a reasonable time) by any licensed specialist builder appointed in respect of specialist building works comprised in those same building works, all plans of those building works approved or deemed approved by the Commissioner of Building Control and supplied to the builder by a qualified person under section 9(1)(c);

(d)

where no such qualified person has been appointed by the developer in respect of those building works, appoint —

(i)

an appropriate qualified person to prepare the plans of the building works;

(ii)

an appropriate qualified person to supervise the carrying out of those building works; and

(iii)

where the building works comprise wholly or partly of any geotechnical building works —

(A)

a geotechnical engineer (who may or may not be the same person mentioned in sub‑paragraph (i)) to prepare the plans relating to the geotechnical aspects of the geotechnical building works; and

(B)

a geotechnical engineer (who may or may not be the same person mentioned in sub‑paragraph (ii)) to supervise the geotechnical aspects of the geotechnical building works;

(e)

have an adequate number of construction supervisors working under the builder’s direction to assist the builder to ensure that paragraph (a) is complied with;

(f)

within 7 days of the completion of the building works, certify that the new building has been erected or the building works have been carried out in accordance with the provisions of this Act and, subject to section 6A, the building regulations and deliver that certificate to the Commissioner of Building Control;

(fa)

at all times before the completion of the building works the builder is undertaking, hold a licence under Part 5A authorising the builder to carry out those building works; (g)no later than the 14th day after the appointment or termination of any licensed specialist builder (including the builder undertaking the building works) in respect of any specialist building works comprised in those building works, notify the Commissioner of Building Control of that appointment or termination, as the case may be; and

(h)

comply with any other duties that may be prescribed in the building regulations.

(2)

A licensed specialist builder undertaking any specialist building works must —

(a)

ensure that the specialist building works are carried out in accordance with —

(i)

the provisions of this Act;

(ii)

subject to section 6A, the building regulations;

(iii)

the relevant plans approved or deemed approved by the Commissioner of Building Control; and

(iv)

any terms and conditions imposed by the Commissioner of Building Control in accordance with the provisions of this Act and, subject to section 6A, the building regulations;

(aa)

no later than the 7th day after the completion of the specialist building works —

(i)

certify that the specialist building works have been carried out in accordance with paragraph (a); and

(ii)

submit the certificate in respect of the matters in sub-paragraph (i) to the Commissioner of Building Control;

(b)

notify the Commissioner of Building Control of any contravention of this Act or the building regulations relating to those specialist building works, being a contravention which the licensed specialist builder knows or ought reasonably to know; and

(c)

comply with any other duties that may be prescribed in the building regulations.

(3)

Without limiting subsection (2), a licensed specialist builder who is appointed by the developer under section 8(1)(f)(ii) in respect of any building works must not carry out any work monitoring instruments measuring pore pressures for saturated and unsaturated levels, ground water levels, ground movements or building movements and to measure forces, deformations or displacements in connection with those building works if the licensed specialist builder, or any nominee of the licensed specialist builder, is a partner, an officer or an employee of —

(a)

the developer or builder of those building works; or

(b)

any associate of the developer or builder of those building works.

(4)

If any builder or licensed specialist builder appointed under this section or section 8 in respect of building works becomes unwilling to act or unable, whether by reason of the termination of the builder’s or specialist builder’s appointment or for any other reason, to carry out the builder’s or specialist builder’s duties under subsection (1) or (2), the builder or licensed specialist builder (as the case may be) must, within 14 days of ceasing to carry out the builder’s or specialist builder’s duties, notify the Commissioner of Building Control of that fact.

(5)

If any qualified person who is appointed under section 8 or this section —

(a)

to prepare the plans of any building works; or

(b)

to supervise any building works,becomes unwilling or unable, whether by reason of the termination of his or her appointment or for any other reason, to carry out his or her duties under this Act, the builder and licensed specialist builder of those building works must cease or must not commence carrying out the building works until the developer or the builder appoints another appropriate qualified person in respect of those building works.

(6)

A builder who contravenes subsection (1)(a), or a licensed specialist builder who contravenes subsection (2)(a) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.

(7)

If —

(a)

a builder contravenes subsection (1)(b) or (c); or

(b)

a licensed specialist builder contravenes subsection (2)(b),the builder or licensed specialist builder (as the case may be) shall be guilty of an offence and shall be liable on conviction —

(c)

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and

(d)

in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day the builder or licensed specialist builder contravenes subsection (1)(b) or (c) or (2)(b),and if the contravention continues after the conviction, the builder or licensed specialist builder (as the case may be) shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction.

(8)

It is a defence in any prosecution for a contravention of subsection (1)(b) or (2)(b) for the builder or licensed specialist builder to prove to the satisfaction of the court that the builder or licensed specialist builder did not know nor could reasonably have discovered the contravention or non‑compliance mentioned in the charge.

(9)

If —

(a)

a builder, without reasonable excuse, contravenes subsection (1)(d), (e), (f), (g) or (h) or (4); or

(b)

a licensed specialist builder, without reasonable excuse, contravenes subsection (2)(aa) or (c) or (4),the builder or licensed specialist builder (as the case may be) shall be guilty of an offence.

(10)

Any builder or licensed specialist builder who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and

(b)

in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day the contravention continues,and if the contravention continues after the conviction, the builder or licensed specialist builder (as the case may be) shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction.

(11)

To avoid doubt —

(a)

a builder undertaking any building works is responsible for complying with subsection (1)(a); and

(b)

a licensed specialist builder undertaking any specialist building works is responsible for complying with subsection (2)(a),despite the builder or licensed specialist builder (as the case may be) entering into a contract or an arrangement with a sub-contractor to execute the whole or any part of those building works or specialist building works, as the case may be.

Terms defined in this Act

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 the person’s own account or for or on behalf of another person but does not include a sub-contractor in relation to those building works;
Open s 2
building
Defined · s 2
“building” means any permanent or temporary building or structure and includes —(a)a hut, shed or roofed enclosure;(b)an earth retaining or stabilising structure, whether permanent or temporary;(c)a dock, wharf or jetty;(ca)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;(d)a culvert, crossing, bridge, underpass or tunnel;(da)a fixed installation;(e)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;(f)a shelter provided under the Civil Defence Shelter Act 1997; and(g)such other erection or structure (whether permanent or temporary) as the Minister may, by order in the Gazette, declare to be a building;
Open s 2
building regulations
Defined · s 2
“building regulations” means any regulations made under section 49;
Open s 2
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,and includes any fixed installation works, and any site formation works connected with or carried out for the purpose of paragraph (a), (b) or (c);
Open s 2
Commissioner of Building Control
Defined · s 2
“Commissioner of Building Control”, in relation to this Act or any Part or provision of this Act, means any Commissioner of Building Control appointed under section 3(1) to be responsible for the operation of this Act or that Part or provision, as the case may be;
Open s 2
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;
Open s 2
geotechnical aspects
Defined · s 2
“geotechnical aspects”, in relation to any geotechnical building works, means —(a)an analysis of the geological structure and earth materials of the site of the geotechnical building works and its influence on the geotechnical building works;(b)an analysis of the ground water regime and its influence on the wall stability and integrity of the geotechnical building works over time; and(c)such other applications of earth sciences to and engineering aspects of the geotechnical building works as may be prescribed;
Open s 2
geotechnical building works
Defined · s 2
“geotechnical building works” means any of the following building works: (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; (c)any earthworks or other building works for constructing or stabilising a slope with a height of more than 6 metres (measured as the vertical distance between the highest level and lowest level of the slope);(d)any type of foundation works that the Minister may prescribe in the building regulations for buildings of 30 storeys or more;
Open s 2
geotechnical engineer
Defined · s 2
“geotechnical engineer” means a professional engineer who is registered under the Professional Engineers Act 1991 as a specialist professional engineer in the specialised branch of geotechnical engineering;
Open s 2
licensed specialist builder
Defined · s 2
“licensed specialist builder”, for any specialist building works, means a person to whom a specialist builder’s licence is granted in respect of those specialist building works but excludes the person when that specialist builder’s licence is not in force;
Open s 2
premises
Defined · s 2
“premises” includes buildings, lands, easements and hereditaments of any tenure;
Open s 2
prescribed
Defined · s 29A
“prescribed” means prescribed in the regulations made under section 29L.
Open s 29A
qualified person
Defined · s 2
“qualified person” means a person who is registered as —(a)an architect under the Architects Act 1991 and has in force a practising certificate issued under that Act; or(b)a professional engineer under the Professional Engineers Act 1991 and has in force a practising certificate issued under that Act;
Open s 2
specialist building works
Defined · s 2
“specialist building works” means any of the following types of building works:(a)piling works consisting of the installation and testing of any of the following:(i)pre-cast reinforced concrete or pre-stressed concrete piles;(ii)steel piles;(iii)bored cast-in-place reinforced concrete piles;(iv)caissons;(v)special pile types like micro-piles, barrettes piles and composite piles;(vi)embedded retaining wall piles like diaphragm walls, contiguous bored piles and secant piles;(b)ground support and stabilisation works, including installation and testing of ground anchors, soil nails, rock bolts, ground treatment like chemical grouting and jet-grouting, reinforced-earth, shotcreting and tunnel supports;(c)instrumentation and monitoring works comprising the installation and monitoring of instruments measuring forces, deformation, displacements, tilt, convergence, pore and earth pressures or ground-water levels;(d)structural steelwork consisting of any of the following:(i)fabrication of structural steel elements;(ii)site erection of structural steel elements involving the cutting, welding or tightening of high-friction grip bolts;(iii)installation or removal of steel supports for geotechnical building works;(e)pre-cast concrete work comprising fabrication of pre-cast structural elements;(f)in-situ post-tensioning work consisting of any of the following:(i)setting out of tendon profiles;(ii)laying of conduits, anchorages or bursting reinforcement;(iii)pulling or stressing of strands or bars;(iv)pressure grouting of conduits;(g)such other building works as the Minister may, by order in the Gazette, declare;
Open s 2
sub-contractor
Defined · s 2
“sub-contractor”, in relation to any general building works or specialist building works, means a person engaged (otherwise than under a contract of service) by —(a)in the case of general building works — any licensed general builder to supply any labour for or to do any part of those general building works which the licensed general builder has been engaged to do under another contract;(b)in the case of a type of specialist building works — any licensed specialist builder for that type of specialist building works to supply any labour for or to do any part of those specialist building works which the licensed specialist builder has been engaged to do under another contract with —(i)a developer; or(ii)a licensed general builder; or(c)another person who is a sub-contractor by virtue of paragraph (a) or (b) or this paragraph to supply any labour for or to do any part of the building works which that other person has been engaged to do under another contract;
Open s 2

Report

Read on from s 12

Part 3

Retrofitting of Exterior Features and Fixed Installations

Read on from Part 3

Part 3A

Disability and Other Performance Requirements for Buildings

Read on from Part 3A

Part 3B

Environmental Sustainability Measures for Existing Buildings

Read on from Part 3B

Part 4

Dangerous Buildings and Occurrences

Read on from Part 4

Part 4A

Maintenance of Buildings

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Part 5

Inspection of Buildings and Building Façades

Read on from Part 5

Part 5A

Licensing of Builders

Read on from Part 5A

Part 5B

Regulating Fixed Installation Contractors

Read on from Part 5B

Part 6

Miscellaneous

Read on from Part 6