Building Control Act 1989 · 2020 Revised Edition · Part 3A · Disability and Other Performance Requirements for Buildings
22E. Duty of building owner, etc., not to alter
Feedback & supportLast amended by an amending law of 2007.
Every owner or occupier of a building must not remove, alter or obstruct, or cause the removal, alteration or obstruction of, any physical feature of the building where —
occupier
“occupier”, in relation to any building, means the person in occupation of the building or having the charge, management or control thereof, either on the person’s own account or as agent of another, but does not include any lodger within the building;
the physical feature satisfies the relevant performance requirement for the purposes of this Part; and
the removal, alteration or obstruction will cause the physical feature to cease to satisfy the relevant performance requirement.
Where, in the opinion of the Commissioner of Building Control, any physical feature of a building mentioned in subsection (1)(a) has been removed, altered or obstructed so as to cease to satisfy the relevant performance requirement, the Commissioner of Building Control may, by written notice, require such repairs, work or alteration to the physical feature or the building or other remedial action as he or she thinks fit to be carried out to reinstate the physical feature so as to satisfy the relevant performance requirement.
Commissioner of Building Control
“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;
A notice to reinstate under subsection (2) must specify —
the manner in which the repairs, work, alteration or remedial action specified in the notice is to be carried out;
the time within which the repairs, work, alteration or remedial action must commence;
the time within which the repairs, work, alteration or remedial action must be completed; and
that the repairs, work, alteration or remedial action must be carried out with due diligence to the satisfaction of the Commissioner of Building Control.
A notice to reinstate under subsection (2) must be made in respect of any building or any physical feature thereof and must be served —
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;
on the owner of the building;
where that owner is not known or cannot be found by reasonable inquiry, on the occupier of the building;
in the case of a physical feature comprised in any common property or limited common property of any subdivided building, on the owner thereof; or
in the case of a physical feature comprised in any common property of residential or commercial property in any housing estate of the Housing and Development Board —
on the Town Council receiving any rent or charge for the maintenance of that common property; or
where there is no Town Council with the function and duty to maintain that common property, on the Housing and Development Board.
If any person on whom a notice under subsection (2) is served fails, without reasonable excuse, to comply with the requirements of that notice, that person shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both;
to a further fine not exceeding $250 for each day or part of a day the person fails, without reasonable excuse, to comply with the requirements of that notice; and
in the case of a continuing offence after conviction, to a further fine not exceeding $500 for every day or part of a day during which the failure to comply continues after conviction.