Building Control Act 1989 · 2020 Revised Edition · Part 6 · Miscellaneous
45. Evidence
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Subject to this section, the contents of any document prepared, issued or served under, by virtue of or for the purposes of this Act or any subsidiary legislation made under this Act is until the contrary is proved presumed to be correct.
The production of any document purporting to contain any apportionment made under section 37(2) shall, without any other evidence, be received as prima facie proof of the making and validity of the apportionment mentioned therein.
In any proceedings under this Act or the building regulations, a certificate of analysis under section 33 purporting to be signed by an analyst is, on its production by the prosecution without proof of the signature of the analyst, sufficient evidence of the facts stated therein unless the defendant requires the analyst to be called as a witness, in which case the defendant must give notice thereof to the prosecution not less than 3 clear days before the day fixed for the hearing of the summons.
building regulations
“building regulations” means any regulations made under section 49;
All records and other documents required by this Act or any subsidiary legislation made under this Act to be kept by the Commissioner of Building Control are deemed to be public documents, and copies thereof or extracts therefrom certified by the officer responsible for the custody thereof to be true copies or extracts (as the case may be) subscribed by that officer with his or her name and official title are admissible in evidence as proof of the contents of the documents or extracts.
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;
Where any information in respect of any building or building works is provided by the Commissioner of Building Control by electronic means, the production of any document under the hand of a public officer responsible for providing such information purporting to be a hard copy transcript of all or any such information is, in all courts and in all proceedings, sufficient evidence of the information provided electronically and all courts are in all proceedings to take judicial notice of the signature of the public officer.
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;