In forceAmended2020 Revised Edition

Contents

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

18. Duties and independence of accredited checkers, etc., and accredited checking organisations

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Amended

Last amended by an amending law of 2012. 2 amendments in all.

(1)

An accredited checker who —

(a)

is appointed in respect of any major building works; or

(b)

is acting on behalf of an accredited checking organisation,must check the detailed structural plans and design calculations of the building works in accordance with the building regulations and must carry out any other duties that may be prescribed by those regulations.

(2)

The specialist accredited checker appointed under section 8(1) in respect of any geotechnical building works must check the geotechnical aspects of those building works in accordance with the building regulations and must carry out any other duties that may be prescribed by those regulations.

(3)

An accredited checker or a specialist accredited checker who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.

(4)

An accredited checker must not issue a certificate under section 5(2)(d) or 5A in respect of the plans of any building works —

(a)

if the accredited checker has any professional or financial interest in the building works shown in the plans described in the certificate; or

(b)

in the case where the accredited checker is a director, partner, member or an employee of an accredited checking organisation and acting on behalf of the accredited checking organisation —

(i)

if the accredited checking organisation that is a corporation and any of its directors; or

(ii)

if any partner of the accredited checking organisation that is a partnership,has a professional or financial interest in the building works shown in the plans described in the certificate by the accredited checking organisation under section 5(2)(d) or 5A.

(5)

A specialist accredited checker must not issue a certificate under section 5(2)(d) or 5A in respect of the geotechnical aspects of any geotechnical building works if the specialist accredited checker has any professional or financial interest in the geotechnical building works shown in the plans described in the certificate.

(6)

An accredited checker is regarded as having a professional or financial interest in any building works if —

(a)

he or she is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which —

(i)

do not affect any key structural element; or

(ii)

affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;

(b)

he or she or any nominee of his or hers is a member or an officer or employee of a company or other body which has a professional or financial interest in the building works; or

(c)

he or she is a partner or is in the employment of a person who has a professional or financial interest in the building works.

(7)

An accredited checking organisation is regarded as having a professional or financial interest in any building works if —

(a)

any of its directors, partners, members or employees is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which —

(i)

do not affect any key structural element; or

(ii)

affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;

(b)

any nominee of the organisation is a member or an officer or employee of a company or other body which has a professional or financial interest in the building works; or

(c)

the organisation or any of its directors or partners is a partner or is in the employment of a person who has a professional or financial interest in the building works.

(8)

For the purposes of this Act —

(a)

a person is treated as having a professional or financial interest in the building works even if the person has that interest only as trustee for the benefit of some other person; and

(b)

in the case of married people living together, the interest of one spouse is, if known to the other, deemed to be also an interest of the other.

(9)

For the purposes of this Act —

(a)

involvement in the building works as an accredited checker or a specialist accredited checker; and

(b)

entitlement to any fee paid for his or her function as an accredited checker or a specialist accredited checker,is not regarded as constituting a professional or financial interest.

(10)

If a person who is —

(a)

an accredited checker;

(b)

a specialist accredited checker;

(c)

an accredited checking organisation that is a corporation; or

(d)

a partner of an accredited checking organisation that is a partnership, or a director of an accredited checking organisation that is a corporation,contravenes subsection (4) or (5) (as the case may be), the person shall be guilty of an offence and shall be liable on conviction to —

(e)

where the person is a corporation — a fine not exceeding $100,000; and

(f)

in any other case — a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.

Terms defined in this Act

accredited checker
Defined · s 2
“accredited checker” means a person who is registered as an accredited checker under section 16, whether acting on his or her own behalf or on behalf of an accredited checking organisation;
Open s 2
accredited checking organisation
Defined · s 2
“accredited checking organisation” means an accredited checking organisation registered as such under section 16;
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
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
major building works
Defined · s 2
“major building works” means building works other than minor building works;
Open s 2
partnership
Defined · s 29A
“partnership” includes a limited liability partnership;
Open s 29A
prescribed
Defined · s 29A
“prescribed” means prescribed in the regulations made under section 29L.
Open s 29A
specialist accredited checker
Defined · s 2
“specialist accredited checker” means an accredited checker who is registered under section 16 to undertake the work of an accredited checker as regards the geotechnical aspects of any geotechnical building works;
Open s 2

Report

Read on from s 19

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

Read on from Part 4A

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