Building Control Act 1989 · 2020 Revised Edition · Part 3 · Retrofitting of Exterior Features and Fixed Installations
22A. Application and interpretation of this Part
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This Part applies to all exterior features on any building except —
building
“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;
exterior features on any detached house, semi-detached house, terrace house or linked house, none of which are comprised in any strata title plan; and
exterior features located on the lowest level of any building.
This Part also applies in relation to all fixed installations whenever installed.
In this Part —
“applicable date” means —
in relation to an exterior feature — the date prescribed under section 22C to be the applicable date for the class of exterior features to which that exterior feature belongs; and
exterior feature
“exterior feature”, in relation to any building, means any permanent feature of a building that —(a)is installed on, forms part of or projects outwards from the roof or exterior of the building; and(b)is prescribed by building regulations;
in relation to a fixed installation — the date prescribed under section 22C for the class of fixed installations to which that fixed installation belongs;
fixed installation
“fixed installation” means any of the following machine-powered installations:(a)an escalator;(b)a lift;(c)a mechanised car parking system,and includes any supporting structure, machinery, equipment, apparatus and enclosure used or designed for use for operating a fixed installation;
“grace period” means —
in relation to an exterior feature — the grace period prescribed under section 22C for the class of exterior features to which that exterior feature belongs, being a period starting on the applicable date for that exterior feature; and
prescribed
“prescribed” means prescribed in the regulations made under section 29L.
in relation to a fixed installation — the grace period prescribed under section 22C for the class of fixed installations to which that fixed installation belongs, being a period starting on the applicable date for that fixed installation;
“person responsible”, in relation to an exterior feature that is part of the common property of any housing estate of the Housing and Development Board, includes (in addition to that defined in section 2(1)) the Board if the Board is designated by the Minister to be a person responsible with respect to that exterior feature;
person responsible
“person responsible”, in relation to an exterior feature of a building, means —(a)the owner of the premises or building which the exterior feature is installed on, forms part of or projects outwards from, or a person who has charge and control of the management and maintenance of the exterior feature, unless otherwise provided by paragraph (b), (c) or (d);(b)subject to paragraph (c), where the exterior feature is part of any common property or limited common property —(i)in the case of common property of any housing estate of the Housing and Development Board — the Town Council established under the Town Councils Act 1988 for that housing estate or the contractor (if any) engaged by the Town Council and who has charge and control of the management and maintenance of the common property; or(ii)in the case of common property or limited common property of any other land (whether or not comprised in a strata title plan) — the owner of the common property or limited common property (as the case may be) or the managing agent (if any) appointed by the owner and who has charge and control of the management and maintenance of the common property or limited common property, unless otherwise provided by paragraph (d);(c)where the exterior feature is a window, grille or shutter that is part of a flat — the owner of that flat or other person who ordinarily has daily charge and control over the maintenance and use of such window, grille or shutter; or(d)any other person that may be prescribed under section 22C as the person responsible for the exterior feature;
“prescribed age” means —
in relation to an exterior feature — the age prescribed under section 22C to be the prescribed age for a class of exterior features to which the exterior feature belongs; and
in relation to a fixed installation — the age prescribed under section 22C to be the prescribed age for a class of fixed installations to which the fixed installation belongs.
For the purposes of this Part —
the age of an exterior feature of a building must be counted from the date of its first installation on that building as determined in accordance with such date as is prescribed under section 22C for that exterior feature; and
the age of a fixed installation must be counted from the date prescribed under section 22C for a class of fixed installations to which the fixed installation belongs.
Nothing in this Part —
prohibits or prevents the Commissioner of Building Control from exercising any of his or her powers under any other provision of this Act or the building regulations; or
limits the effect of any other provision of this Act or the building regulations or any other written law for the time being in force.