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In forceAmended2020 Revised Edition

Part 5A · Licensing of Builders

29A. Interpretation of this Part

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Amended

Last amended by an amending law of 2020. 4 amendments in all.

(1)

In this Part, unless the context otherwise requires —[Deleted by Act 12 of 2020 wef 15/06/2024][Deleted by Act 12 of 2020 wef 15/06/2024]

(2)

For the purposes of this Part —

(a)

a person carries on the business of a general builder if the person carries out or undertakes to carry out (whether exclusively or in conjunction with any other business) general building works for or on behalf of another person for a fixed sum, percentage, or valuable consideration, or reward other than wages;

(b)

a person carries on the business of a specialist builder if the person carries out or undertakes to carry out (whether exclusively or in conjunction with any other business) any specialist building works for or on behalf of another person for a fixed sum, percentage, or valuable consideration, or reward other than wages;

(c)

a person carries out general building works or specialist building works whether that person carries it out personally, or directly or indirectly causes it to be carried out; and (d)a person is deemed to carry on the business of a general builder or specialist builder if the person carries out general building works or specialist building works (as the case may be) on or in respect of a building for himself, herself or itself.

(2A)

However, for the purposes of this Part a person (A) is not regarded —

(a)

as carrying on the business of a general builder if A is always doing so as a sub-contractor of another person with respect to all or any part of the general building works that is to be carried out by the other person under another contract; and

(b)

as carrying on the business of a specialist builder if A is always doing so as a sub-contractor of another person who carries on the business of a specialist builder, by entering into a contract with respect to all or part of the same type of specialist building works that is to be carried out by the other person under another contract.

(3)

To avoid doubt, nothing in this Part prohibits or prevents —

(a)

[Deleted by Act 12 of 2020 wef 15/06/2024]

(b)

any site supervisor or team of site supervisors appointed under section 10 from carrying on any activity solely for the purpose of that section; or

(c)

a qualified person, or any person under the direction or supervision of such a qualified person, from carrying on any activity within the practice of architecture or professional engineering which the qualified person is authorised to carry on under any written law other than this Act.

“building works” does not include —

(a)

any building works in respect of or for the occupation of a temporary building;

(b)

any insignificant building works;

(c)

any fixed installation works; or

(d)

any building works that are in respect of a building which is exempted under section 30 from this Part;

“corporation” excludes a limited liability partnership;

“licensee” means a licensed general builder or a licensed specialist builder;

“minor specialist building works” means any of the following specialist building works:

(a)

any specialist building works associated with minor building works;

(b)

any structural steelwork which comprises fabrication or erection work for structures with a cantilever length of not more than 6 metres, a clear span of not more than 15 metres and a plan area not exceeding 150 square metres;

(c)

any pre-cast concrete work comprising casting of pre-cast reinforced concrete slabs or planks on site;

(d)

any other specialist building works declared by the Minister by notification in the Gazette to be minor specialist building works;

“partnership” includes a limited liability partnership;

“prescribed” means prescribed in the regulations made under section 29L.

Report

Part 5B

Regulating Fixed Installation Contractors

Part 6

Miscellaneous