In forceAmended2020 Revised Edition

Contents

Building Control Act 1989 · 2020 Revised Edition · Part 2 · Control of Building Works

6. Permit to carry out structural works

Amended

Last amended by an amending law of 2020. 3 amendments in all.

(1)

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 —

(a)

the developer of those building works;

(b)

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

(c)

the qualified person whom the developer or builder in paragraph (b) has appointed under section 8 or 11 to supervise those building works.

(2)

An application for a permit to carry out structural works in any building works must be accompanied by —

(a)

a notification, signed by the developer of the building works, stating the date on which those building works are to start;

(b)

the names and particulars of —

(i)

the qualified person appointed under section 8 or 11 to supervise the carrying out of those building works; and

(ii)

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;

(c)

the following documents signed by the builder undertaking those building works, who is either a licensed general builder or licensed specialist builder:

(i)

an acceptance of the builder’s appointment in respect of the structural works; and

(ii)

an undertaking of responsibility for strict compliance with the provisions of this Act and the building regulations;

(d)

the following documents signed by the qualified person or persons mentioned in paragraph (b):

(i)

a confirmation of his or her appointment in respect of the building works; and

(ii)

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

(e)

any other documents that the Commissioner of Building Control may require.

(3)

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 —

(a)

the developer of those building works;

(b)

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

(c)

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.

(4)

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.

(5)

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:

(a)

the developer of those building works;

(b)

the builder whom the developer has appointed in respect of those building works; or

(c)

the qualified person whom the developer or builder in paragraph (b) has appointed under section 8 or 11 to supervise those building works.

(6)

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 —

(a)

any of the following licences of the builder ceases to be in force:

(i)

the general builder’s licence;

(ii)

the specialist builder’s licence relating to those structural works; and

(b)

the Commissioner of Building Control does not waive the application of this subsection in the particular case.

Terms defined in s 2

builder
Defined · s 2
“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;
Open s 2
building regulations
Defined · s 2
“building regulations” means any regulations made under section 49;
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
developer
Defined · s 2
“developer”, in relation to any building works, means the person for whom or on whose behalf the building works are carried out;
Open s 2
geotechnical aspects
Defined · s 2
“geotechnical aspects”, in relation to any geotechnical building works, means —(a)an analysis of the geological structure and earth materials of the site of the geotechnical building works and its influence on the geotechnical building works;(b)an analysis of the ground water regime and its influence on the wall stability and integrity of the geotechnical building works over time; and(c)such other applications of earth sciences to and engineering aspects of the geotechnical building works as may be prescribed;
Open s 2
geotechnical building works
Defined · s 2
“geotechnical building works” means any of the following building works: (a)any excavation or other building works to make —(i)a tunnel with a diameter, width or height of more than 2 metres; or(ii)a caisson, cofferdam, trench, ditch, shaft or well with a depth of more than 6 metres; (b)any building works for constructing, altering or repairing any earth retaining structure in or for a trench, ditch, shaft or well with a depth or height of more than 6 metres; (c)any earthworks or other building works for constructing or stabilising a slope with a height of more than 6 metres (measured as the vertical distance between the highest level and lowest level of the slope);(d)any type of foundation works that the Minister may prescribe in the building regulations for buildings of 30 storeys or more;
Open s 2
geotechnical engineer
Defined · s 2
“geotechnical engineer” means a professional engineer who is registered under the Professional Engineers Act 1991 as a specialist professional engineer in the specialised branch of geotechnical engineering;
Open s 2
licensed general builder
Defined · s 2
“licensed general builder” means a person to whom a general builder’s licence is granted but excludes the person when the general builder’s licence is not in force;
Open s 2
licensed specialist builder
Defined · s 2
“licensed specialist builder”, for any specialist building works, means a person to whom a specialist builder’s licence is granted in respect of those specialist building works but excludes the person when that specialist builder’s licence is not in force;
Open s 2
qualified person
Defined · s 2
“qualified person” means a person who is registered as —(a)an architect under the Architects Act 1991 and has in force a practising certificate issued under that Act; or(b)a professional engineer under the Professional Engineers Act 1991 and has in force a practising certificate issued under that Act;
Open s 2
site supervisor
Defined · s 2
“site supervisor” means a person appointed (whether alone or as a member of a team of site supervisors) under section 10 to be a site supervisor in respect of any small‑scale or large building works;
Open s 2
structural works
Defined · s 2
“structural works” means works in relation to the structural elements of the building works;
Open s 2

Report

Read on from s 6A

Part 3

Retrofitting of Exterior Features and Fixed Installations

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Part 3A

Disability and Other Performance Requirements for Buildings

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Part 3B

Environmental Sustainability Measures for Existing Buildings

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Part 4

Dangerous Buildings and Occurrences

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Part 4A

Maintenance of Buildings

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Part 5

Inspection of Buildings and Building Façades

Read on from Part 5

Part 5A

Licensing of Builders

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Part 5B

Regulating Fixed Installation Contractors

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Part 6

Miscellaneous

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