Building Control Act 1989 · 2020 Revised Edition · Part 2 · Control of Building Works
6. Permit to carry out structural works
Feedback & supportLast amended by an amending law of 2020. 3 amendments in all.
Subject to the provisions of this Act, an application for a permit to carry out structural works in any building works may be made at any time to the Commissioner of Building Control by —
structural works
“structural works” means works in relation to the structural elements of the building works;
the developer of those building works;
the builder (who is either a licensed general builder or licensed specialist builder) whom the developer has appointed in respect of those building works; and
the qualified person whom the developer or builder in paragraph (b) has appointed under section 8 or 11 to supervise those building works.
An application for a permit to carry out structural works in any building works must be accompanied by —
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);
a notification, signed by the developer of the building works, stating the date on which those building works are to start;
the names and particulars of —
the qualified person appointed under section 8 or 11 to supervise the carrying out of those building works; and
where the building works comprise wholly or partly of any geotechnical building works, the geotechnical engineer who is appointed under section 8 or 11 to supervise the geotechnical aspects of those geotechnical building works;
the following documents signed by the builder undertaking those building works, who is either a licensed general builder or licensed specialist builder:
an acceptance of the builder’s appointment in respect of the structural works; and
an undertaking of responsibility for strict compliance with the provisions of this Act and the building regulations;
the following documents signed by the qualified person or persons mentioned in paragraph (b):
a confirmation of his or her appointment in respect of the building works; and
a notice of the names and particulars of the site supervisor, or all members of the team of site supervisors, he or she has appointed in respect of the structural works in accordance with section 10(1) or (2); and
any other documents that the Commissioner of Building Control may require.
The Commissioner of Building Control may, on an application made under subsection (1), grant a permit to carry out structural works in any building works jointly to —
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;
the developer of those building works;
the builder whom the developer has appointed in respect of those building works if the builder is a licensed general builder or licensed specialist builder, as the case may be; and
the qualified person whom the developer or builder in paragraph (b) has appointed under section 8 or 11 to supervise those building works,subject to any terms and conditions that the Commissioner of Building Control thinks fit to impose.
The Commissioner of Building Control may revoke a permit to carry out any structural works if the structural works, if started, are suspended for a continuous period of more than 3 months.
Any permit to carry out structural works in any building works granted under this section is not transferable, and automatically lapses if any of the following permit holders ceases to be:
the developer of those building works;
the builder whom the developer has appointed in respect of those building works; or
the qualified person whom the developer or builder in paragraph (b) has appointed under section 8 or 11 to supervise those building works.
In addition to subsection (5)(b), a permit to carry out structural works in any building works that is granted to a builder who is a licensed general builder or a licensed specialist builder automatically lapses if —
builder
“builder” means any person who undertakes, whether exclusively or in conjunction with any other business, to carry out any building works for the person’s own account or for or on behalf of another person but does not include a sub-contractor in relation to those building works;
any of the following licences of the builder ceases to be in force:
the general builder’s licence;
the specialist builder’s licence relating to those structural works; and
the Commissioner of Building Control does not waive the application of this subsection in the particular case.