Building Control Act 1989 · 2020 Revised Edition · Part 5 · Inspection of Buildings and Building Façades
26. Interpretation of this Part
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In this Part —
“competent person”, in relation to a façade inspection, means a qualified person who satisfies such requirements as may be prescribed for the purposes of this Part;
qualified person
“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;
“façade”, in relation to a building, means —
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;
the exterior of the building;
any exterior feature attached to the building, including any bracket or similar installation attaching the exterior feature to the building; 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;
any other part of the building as may be prescribed;
prescribed
“prescribed” means prescribed in the regulations made under section 29L.
“façade inspection” means an inspection mentioned in section 28(1)(b);
“façade inspector”, in relation to a façade inspection, means an individual who —
is appointed to assist a competent person in carrying out a façade inspection, or to carry out a façade inspection under the direct supervision and control of a competent person;
has the prescribed qualifications and experience; and
is accredited with the Building and Construction Authority or a prescribed organisation;
“inspect” includes examine and test, with or without the aid of equipment;
“owner” —
in relation to a subdivided building comprised in a strata title plan, means —
strata title plan
“strata title plan” has the meaning given by the Land Titles (Strata) Act 1967;
the management corporation having control of the common property of the building, or the person receiving any rent or charge for the maintenance and management of that common property; and
common property
“common property” has the meaning given by —(a)the Town Councils Act 1988 where the common property is comprised in a housing estate of the Housing and Development Board; or(b)the Building (Strata Management) Act 2004 in any other case;
in relation to any limited common property of the building, the subsidiary management corporation established under the Building (Strata Management) Act 2004 having control of the limited common property, or the person receiving any rent or charge for the maintenance and management of that limited common property;
limited common property
“limited common property” has the meaning given by the Building (Strata Management) Act 2004;
in relation to any subdivided building which is not comprised in a strata title plan, means —
in relation to the common property of residential and commercial property in any housing estate of the Housing and Development Board, that Board; and
Housing and Development Board
“Housing and Development Board” means the Housing and Development Board established under section 3 of the Housing and Development Act 1959;
in relation to the common property of any other subdivided building, every person who is a registered proprietor in the land‑register under the Land Titles Act 1993 of the fee simple, estate in perpetuity or leasehold estate of a lot in that building, or the person receiving any rent or charge for the maintenance and management of the common property of the building;
registered
“registered” or “registration” means registered or registration under this Part authorising the person registered to carry on any registrable activity or a class of registrable activity specified in the registration;
in relation to any premises which are not subdivided, means any person who is the registered proprietor of the fee simple, estate in perpetuity or leasehold estate of those premises in the land‑register under the Land Titles Act 1993; and
premises
“premises” includes buildings, lands, easements and hereditaments of any tenure;
where paragraphs (a), (b) and (c) do not apply, means the person for the time being receiving the rent of the premises or building, whether on the person’s own account or as agent or trustee or as receiver, or who would receive the same if the premises or building were let to a tenant and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as the owner of the premises or building, or a mortgagee in possession;
“special building” means any building of which not less than 90% of its floor area is used solely for residential purposes, and in this definition, “floor area” means the total area of floor space within the building measured between party walls including the thickness of external walls;
“structural engineer” means a person who is registered under the Professional Engineers Act 1991 in the civil or structural engineering discipline and who has in force a practising certificate issued under that Act authorising him or her to engage in civil or structural engineering work;
“structural inspection” means an inspection mentioned in section 28(1)(a).
Despite subsection (1), in relation to the common property of any residential or commercial property (within the meaning of the Town Councils Act 1988) in a public housing estate of the Housing and Development Board, a reference to the owner of a building in this Part for the purposes of any façade inspection of the façade of a building which is such common property, is a reference to —
the Town Council of the Town within which the public housing estate is comprised; or
in any other case, the Board.
For the purposes of this Part, a building which is physically connected with another building —
must although so connected, be treated as a separate building if it is so constructed as to be capable of remaining in position and being used independently of the other building or as to require only minor modification as to render it so capable; and
must not be treated as other than a separate building merely because it is so connected with the other building at or below ground level or by means of a bridge or similar structure (whether affording access or accommodation to both).