Building Control Act 1989 · 2020 Revised Edition · Part 5 · Inspection of Buildings and Building Façades
28. Periodic inspection of buildings and building façades
Feedback & supportLast amended by an amending law of 2020. 4 amendments in all.
Subject to subsections (2), (2A) and (2B), the Commissioner of Building Control may, by written notice, require either or both of the following inspections to be carried out in accordance with this section:
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;
an inspection of a building to ensure its structural stability or integrity;
an inspection of the façade of a building to identify —
any part of the façade that may be subject to excessive erosion, corrosion, wear, fatigue, stress or strain; or
any other situation or circumstance,that may give rise to a probability of the occurrence or potential occurrence of the collapse (wholly or partly) of the façade and death or injury to individuals, or damage to other property, within or outside the building.
A notice under subsection (1) may be given —
where the building (other than a special building) is used other than solely for residential purposes — after the 5th year commencing from the date the first temporary occupation permit or first certificate of statutory completion was issued in respect of the building, whichever was issued earlier, and thereafter at intervals of not less than 5 years from the date of the last notice under this section; or
where the building is a special building or is used solely for residential purposes — after the 10th year commencing from the date the first temporary occupation permit or first certificate of statutory completion was issued in respect of the building, whichever was issued earlier, and thereafter at intervals of not less than 10 years from the date of the last notice under this section.
Subject to subsection (2B), where a notice requiring a structural inspection under subsection (1) is made in relation to a building in respect of which no temporary occupation permit or certificate of statutory completion has been issued, the notice may be given at any time that the Commissioner of Building Control considers appropriate, and thereafter —
structural inspection
“structural inspection” means an inspection mentioned in section 28(1)(a).
at intervals of not less than 5 years from the date of the last notice under this section for a building (other than a special building) used other than solely for residential purposes; or
at intervals of not less than 10 years from the date of the last notice under this section for a building which is a special building or used solely for residential purposes.
A notice under subsection (1) requiring a façade inspection to be carried out may be given —
façade inspection
“façade inspection” means an inspection mentioned in section 28(1)(b);
if the building is more than 20 years of age on the relevant date — at any time after that date;
if the building first attains more than 20 years of age at any time after the relevant date — at any time after the building first attains more than 20 years of age;
for a building in respect of which no temporary occupation permit or certificate of statutory completion has been issued for the whole building — at any time after the relevant date; or
at any time during the 7th or later year after the year during which the last notice requiring a façade inspection to be carried out was given.
A notice under subsection (1) must —
be given to the owner of the building, or the building the façade of which is (as the case may be) required to be inspected under the notice; and
specify the building or the façade of the building (as the case may be) which is required to be inspected, and the period within which the inspection must be completed.
Where a notice is given under subsection (1), the owner mentioned in subsection (2C)(a) —
must appoint —
for the purpose of a structural inspection, a structural engineer; or
for the purpose of a façade inspection, a competent person,to carry out the inspection in accordance with subsection (6)(a); and
must submit to the Commissioner of Building Control, within the period specified in the notice under subsection (2C)(b), a copy of the report of the inspection by the structural engineer or competent person (as the case may be) prepared under subsection (6)(b).
Where a building comprising 2 or more flats is not subdivided and there are subsisting leases for those flats registered under the Registration of Deeds Act 1988 or the Land Titles Act 1993, the owners of those flats must, on receipt of a notice under subsection (1), jointly appoint a structural engineer to carry out a structural inspection, or a competent person to carry out a façade inspection (as the case may be) within the time specified in the notice and in the prescribed manner.
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;
Each of the following persons has a right of access at any reasonable time in the day to any part of the building in order for that person to carry out an inspection under this section:
a structural engineer who is appointed to carry out a structural inspection;
a competent person who is appointed to carry out a façade inspection and any façade inspector assisting the competent person in carrying out the façade inspection.
A person who hinders, obstructs or delays a structural engineer, competent person or façade inspector in the performance of that person’s duty under subsection (5) shall be guilty of an offence and shall be liable on conviction —
structural engineer
“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;
to a fine not exceeding $5,000; and
in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.
A structural engineer appointed to carry out a structural inspection, or a competent person appointed to carry out a façade inspection (as the case may be), must —
competent person
“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;
carry out the structural inspection or façade inspection (as the case may be) in the prescribed manner;
prepare, in such form as the Commissioner of Building Control may specify, a report on the results of the inspection mentioned in paragraph (a) and the assessment of the condition of the building or façade, as the case may be;
give a copy of the report mentioned in paragraph (b) to the owner of the building mentioned in subsection (2C)(a) without delay, and in any case, to enable the owner to comply with subsection (3)(b); and
comply with any written directions by the Commissioner of Building Control in respect of the report mentioned in paragraph (b).
Without limiting subsection (6)(d), the Commissioner of Building Control may direct the structural engineer or competent person (as the case may be) to —
carry out, within the period specified in the direction, such further steps as the Commissioner of Building Control considers necessary to ensure that the structural inspection or façade inspection (as the case may be), and the assessment of the condition of the building or façade (as the case may be), is complete; and
supplement the report mentioned in subsection (6)(b) to include the results of the further steps mentioned in paragraph (a), and such further information or documents as the Commissioner of Building Control may require to clarify those results.
Where a report mentioned in subsection (6)(b) also contains a recommendation on any measures or other building works necessary —
building works
“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);
to ensure the structural stability or integrity of the building; or
to prevent the occurrence or potential occurrence of collapse (wholly or partly) of the façade of the building,the owner of the building must carry out, or cause to be carried out, such of the measures or building works within such period, and subject to such conditions, as the Commissioner of Building Control may specify.
Any owner of a building who contravenes or fails to comply with a notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.
Any owner of a building who, without reasonable excuse, fails to comply with subsection (3), (4) or (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both, and in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues, and if the contravention continues after the conviction, the person 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.
A person who fails to comply with subsection (6) or (6A) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.
The Minister may, by order, provide for the application of this section with such adaptations or modifications as may be specified therein to buildings in respect of which no certificate of fitness for occupation has been issued under regulations made under the repealed Act.
repealed Act
“repealed Act” means the Building Control Act in force immediately before 1 May 1989;
In this section, “relevant date” means the date of commencement of section 25 of the Building Control (Amendment) Act 2020.