In forceAmended2020 Revised Edition

Contents

Building Control Act 1989 · 2020 Revised Edition · Part 5 · Inspection of Buildings and Building Façades

29. Independence of structural engineers and competent persons

Amended

Last amended by an amending law of 2020. 2 amendments in all.

(1)

A structural engineer must not be appointed by the Commissioner of Building Control or owner of a building for the purpose of carrying out a structural inspection if the structural engineer has any professional or financial interest in the building.

(1A)

A competent person must not be appointed by an owner of a building the façade of which is required to be inspected, for the purpose of carrying out a façade inspection if the competent person has any professional or financial interest in the building or its façade.

(2)

A structural engineer or competent person is to be regarded as having a professional or financial interest in any building 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, officer or employee of a company or other body which has a professional or financial interest in the building or any part thereof;

(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 or any part thereof; or

(d)

he or she holds any interest in the building or any part thereof.

(2A)

A competent person has a professional or financial interest in the façade of a building if the competent person is or has been responsible for the design or construction of the façade of the building.

(3)

For the purposes of this section —

(a)

a person is to be treated as having a professional or financial interest in the building even if he or she 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.

(4)

For the purposes of this section —

(a)

involvement in any structural inspection or façade inspection; and

(b)

entitlement to any fee paid for carrying out any structural inspection or façade inspection,is not to be regarded as constituting a professional or financial interest.

(5)

The Minister may, by notification in the Gazette, exempt from subsection (1) any building owned by any public authority constituted by any public Act.

Terms defined in this Act

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 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
Commissioner of Building Control
Defined · s 2
“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;
Open s 2
competent person
Defined · s 26
“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;
Open s 26
façade
Defined · s 26
“façade”, in relation to a building, means —(a)the exterior of the building;(b)any exterior feature attached to the building, including any bracket or similar installation attaching the exterior feature to the building; and(c)any other part of the building as may be prescribed;
Open s 26
façade inspection
Defined · s 26
“façade inspection” means an inspection mentioned in section 28(1)(b);
Open s 26
structural engineer
Defined · s 26
“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;
Open s 26
structural inspection
Defined · s 26
“structural inspection” means an inspection mentioned in section 28(1)(a).
Open s 26

Report

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