53. Transitional provisions

(1)

Any licence, permission, approval or other document prepared, made or granted under the repealed Act and valid immediately prior to 1 May 1989 is deemed to have been prepared, made or granted under the corresponding provision of this Act.

(2)

A valid and subsisting certificate of fitness for occupation issued under regulations made under the repealed Act or a valid and subsisting temporary occupation licence has the same force and effect as a certificate of statutory completion or temporary occupation permit, respectively, granted under this Act.

(3)

Any temporary permit, permission or other similar document issued in respect of a temporary building under any written law relating to building control in force before 1 February 1960 is presumed, until the contrary is proved, to have lapsed or expired.

(4)

The powers conferred on the Commissioner of Building Control by this Act may be exercised in respect of —

(a)

any building erected in contravention of, or deemed to be unauthorised under, any written law relating to building control in force before 1 May 1989; and

(b)

any temporary building in respect of which no temporary permit, permission or other similar document issued under any such written law relating to building control or this Act is in force,and such building is deemed unauthorised for the purposes of this Act.

(5)

Where any written law or document refers expressly or by implication to a temporary occupation licence or to a certificate of fitness for occupation, the reference is (except where the context otherwise requires) to be construed as a reference to a temporary occupation permit or a certificate of statutory completion, respectively.

(6)

In this section, “temporary building” means a building which is required for a limited time or constructed of short‑lived materials.

Terms defined in s 2

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
certificate of statutory completion
Defined · s 2
“certificate of statutory completion” means a certificate of statutory completion issued under section 12;
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
repealed Act
Defined · s 2
“repealed Act” means the Building Control Act in force immediately before 1 May 1989;
Open s 2
short-lived materials
Defined · s 2
“short-lived materials” means any building materials which are, in the absence of special care, liable to rapid deterioration or are otherwise unsuitable for use in the construction of permanent buildings;
Open s 2
temporary building
Defined · s 2
“temporary building” means —(a)any building or structure not more than 2 storeys high constructed of short‑lived materials;(b)any other building or structure not more than 2 storeys high permitted to be used by the competent authority or Commissioner of Building Control for a period not exceeding 36 months, or any other period that may be prescribed (if prescribed) in the building regulations;(c)any building used as workers’ quarters, a site office, a show‑flat or show‑house, a builder’s shed, store or other shed required in connection with any building works for a permanent building; or(d)any structure used only for the outdoor display of an advertisement or signboard,but does not include any bridge, any decking for a bridge, or any earth retaining structure;
Open s 2
temporary occupation licence
Defined · s 2
“temporary occupation licence” means a temporary occupation licence issued under section 8(1) of the repealed Act;
Open s 2
temporary occupation permit
Defined · s 2
“temporary occupation permit” means a temporary occupation permit granted under section 12(3);
Open s 2
unauthorised
Defined · s 2
“unauthorised”, in relation to a building or building works, means any building erected, or any building works commenced or carried out, in contravention of any provision of this Act or the building regulations;
Open s 2

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