Clause 1
Short title and commencement
This Act may be cited as the Building Control Act 1988 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
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Building Control Bill
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Quick answer
About this bill
Building Control Bill is Singapore Bill, cited as Bill 3 1988, currently marked in force and first recorded in 1988.
Part I
PRELIMINARY
Clause 2
Interpretation
Definition
“accredited checker” means a person who is registered as an accredited checker under section 15;
Definition
“building” means any permanent or temporary building and includes any structure or erection of whatever kind or nature (whether permanent or temporary) and in particular —
(a)
a wall (including a retaining wall), partition, gate, fence, paling, platform, staging, post, pillar, shoring, hoarding or frame;
(b)
a slip, dock, wharf, pier, jetty, landing stage or landing bridge;
(c)
a culvert, crossing, bridge, underpass or tunnel; or
(d)
a sewage treatment plant, sewer, drain, swimming pool or tank for the storage of any solid, liquid or gaseous matter;
Definition
“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, ventilating system or fire protection system in or in connection with a building,and includes site formation works and any other kind of building operation connected with or carried out for the purpose of paragraph (a), (b) or (c);
Definition
“certificate of statutory completion” means a certificate of statutory completion issued under section 19;
Definition
“common property” has the same meaning as in the Buildings and Common Property (Maintenance and Management) Act (Cap. 30);
Definition
“competent authority” means the competent authority appointed under section 3 of the Planning Act (Cap. 232);
Definition
“key structural elements” means the foundations, columns, beams, shear cores and such other parts of a building which are essential for its support;
Definition
“occupier”, in relation to any building, means the person in occupation of the building or having the charge, management or control thereof, either on his own account or as agent of another, but does not include any lodger within the building;
Definition
“owner” —
(a)
in relation to any premises or building, means the person for the time being receiving the rent of the premises or building, whether on his own account or as agent or trustee or as receiver, or who would receive the same if the premises or building were let to a tenant;
(b)
in relation to premises to which the Control of Rent Act (Cap. 58) applies, includes the tenant of the premises; and
(c)
in relation to the common property of any subdivided building, includes the management corporation established under the Land Titles (Strata) Act (Cap. 158) having control of the building or the person receiving any rent or charge for the maintenance of that common property;
Definition
“premises” includes buildings, lands, easements and hereditaments of any tenure;
Definition
“qualified person” means a person who is registered as —
(a)
an architect under the Architects Act (Cap. 12); or
(b)
a professional engineer under the Professional Engineers Act (Cap. 253);
Definition
“site supervisor” means a site supervisor of building works appointed under section 10;
Definition
“temporary occupation licence” means a temporary occupation licence issued pursuant to section 8(1) of the Building Control Act (Cap. 29) repealed by this Act;
Definition
“temporary occupation permit” means a temporary occupation permit issued under section 19;
Definition
“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;
Definition
“ventilating system” means a mechanical system for introducing or exhausting air.
(2)
In this Act, unless the context otherwise requires, any reference to a building includes a reference to a part of a building.
Clause 3
Application
This Act and the building regulations shall not apply to —
(a)
any premises or building owned by the Government; and
(b)
any building works carried out by the Government or by a person authorised by the Government for the use of the Government.
Clause 4
Authorised officers
(1)
The powers conferred and the duties imposed on the Building Authority under this Act and the building regulations may be exercised and carried out by any of the following persons generally or specially authorised by name or office by the Building Authority and subject to his directions:
(a)
any officer of the Public Works Department;
(b)
a qualified person in the employment of the Government, the Housing and Development Board, the Jurong Town Corporation or such other public authority constituted by any written law as the Minister may approve for the purpose.
(2)
Any qualified person who is generally or specially authorised under subsection (1) to exercise the powers or to carry out the duties of the Building Authority under this Act shall —
(a)
be deemed to be public officers for the purposes of this Act; and
(b)
be public servants within the meaning of the Penal Code (Cap. 224).
Part V
PREMISES USED FOR DANGEROUS TRADES OR PURPOSES
Clause 27
Dangerous trades not to be carried on without licence
(1)
No premises shall, except in accordance with a licence from the Building Authority, be used by any person for any of the following trades or purposes:
(a)
tallow-melting and candle making;
(b)
making or storing matches, fireworks, carbide or any industrial gas;
(c)
making or storing charcoal;
(d)
a sawmill or place for depositing or storing coal, wood, timber, attap or other combustible materials otherwise than for domestic use in that place;
(e)
a foundry or smithy;
(f)
the manufacture, storage, treatment, smoking or preparation of rubber in any form;
(g)
the manufacture, storage or treatment of cinematograph or other films;
(h)
a garage or place kept or used for repairing, painting, washing, storing, housing or parking motor vehicles or a place where a pump is maintained from which petrol or oil is supplied to motor vehicles, except a garage or place used in connection with a private dwelling-house and kept for private use only; and
(i)
such other trades or purposes as the Minister may, by notification in the Gazette, specify.
(2)
The Building Authority may at any time suspend or revoke any licence under subsection (1) without assigning any reason.
(3)
Any person who uses or permits to be used any premises without a licence for any of the trades or purposes specified in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction.
(4)
Where the Building Authority is satisfied that any premises have been or are being used in contravention of this section, he may enter the premises and seize any movable property by means of or in respect of which an offence under this section has been or is being committed or which contains evidence of such an offence and which is found therein.
Clause 5
Prohibition of building works without approval of plans and permit
(1)
Except as otherwise provided in this Act, no person shall commence or carry out any building works, not being building works specified in the Schedule, without —
(a)
the approval from the Building Authority under section 6 of all the plans of the building works; and
(b)
a permit from the Building Authority under section 7 to carry out the building works shown in the approved plans of the building works.
(2)
Notwithstanding subsection (1), a person may commence or carry out building works if —
(a)
he has obtained approval from the Building Authority under section 6 of the plans relating to the structural elements of those building works; and
(b)
he has been granted a permit to carry out those building works.
(3)
Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding one year or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
Clause 6
Approval of plans
(1)
Subject to the provisions of this Act, the person for whom any proposed building works are to be commenced or carried out may apply to the Building Authority for approval of the plans of the building works and such application shall be accompanied by —
(a)
the prescribed fee;
(b)
the plans of the building works prepared in accordance with the building regulations;
(c)
a certificate by an accredited checker in respect of the plans relating to the structural elements of the building works stating that, to the best of his knowledge and belief, the plans so checked do not show any inadequacy in the key structural elements of the building to be erected or affected by building works carried out in accordance with those plans; and
(d)
such other documents as may be prescribed in the building regulations.
(2)
The Building Authority may —
(a)
approve, subject to such terms and conditions as he may impose, any one or more of the plans submitted to him under subsection (1); or
(b)
in writing direct the person submitting such plans to comply, within such period as may be specified in the direction, with such requirements as the Building Authority may specify for the purpose of ensuring compliance with the provisions of this Act and the building regulations.
(3)
If the person to whom any written direction is given under subsection (2) fails to comply with the requirements specified in the direction within the time specified therein, the Building Authority may disapprove the plans.
(4)
Where the plans of any building works or proposed building works have been approved by the Building Authority under subsection (2)(a) and the person for whom the building works are or are to be carried out intends to depart or deviate from the plans approved, that person shall apply to the Building Authority for his approval of the plans showing the proposed departure or deviation and such application shall be accompanied by those plans and by a certificate by an accredited checker in respect of such of those plans relating to the structural elements of the building works or proposed building works stating that, to the best of the knowledge and belief of the accredited checker, those plans do not show any inadequacy in the key structural elements of the building to be erected or affected by building works carried out in accordance with those plans.
(5)
Any approval granted in respect of building works under this section shall automatically lapse —
(a)
where written permission has been granted by the competent authority under the Planning Act (Cap. 232) in respect of any development of land involving the building works, if the written permission lapses pursuant to section 9(7) of that Act;
(b)
if the building works are not commenced within the prescribed period; or
(c)
if the building works are suspended for a continuous period of more than 6 months.
Clause 7
Permit to carry out building works
(1)
The person for whom any proposed building works are to be commenced or carried out may before the commencement of the proposed building works apply to the Building Authority for a permit to carry out the building works and the application shall be accompanied by —
(a)
a notification, signed by that person, of the appointment of a qualified person under section 9 in respect of the proposed building works and of the date upon which the proposed building works are to be commenced;
(b)
a confirmation of such appointment signed by the qualified person;
(c)
a notification signed by the qualified person of the appointment of a site supervisor in respect of the proposed building works and a confirmation of the appointment signed by the site supervisor; and
(d)
such other documents as the Building Authority may require.
(2)
The Building Authority may, on an application made under subsection (1), grant, subject to such terms and conditions as he may impose, a permit to carry out any building works.
(3)
Where a permit to carry out any building works has been granted and the building works, if commenced, are suspended for a continuous period of more than 3 months, the Building Authority may revoke the permit to carry out the building works.
(4)
Except as otherwise provided in this Act, any building works commenced or carried out pursuant to a permit granted under subsection (2) shall comply with the building regulations and any person who carries out such building works in contravention of this subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
Clause 8
Supervision of building works
(1)
Except as otherwise provided in this Act, no person shall commence or carry out any building works in respect of which a permit has been granted under section 7 unless the building works are carried out under the supervision of a qualified person and, where required by the building regulations, under the full-time supervision of a site supervisor.
(2)
Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding one year or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
Clause 9
Appointment and duties of qualified persons
(1)
Subject to the provisions of this Act, every person for whom any building works are or are to be carried out shall appoint an appropriate qualified person in respect of those works.
(2)
Subject to subsection (4), if any qualified person appointed under subsection (1) becomes unwilling or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his duties under subsection (5) —
(a)
the qualified person shall within 14 days of his ceasing to carry out his duties notify the Building Authority of the fact; and
(b)
the person for whom the building works are or are to be carried out shall cease or shall not commence the building works until he appoints another appropriate qualified person in respect of those building works.
(3)
Where the person for whom any building works are or are to be carried out appoints a qualified person pursuant to subsection (2)(b), he shall, within 7 days, notify the Building Authority of the appointment.
(4)
Subsection (2) shall not apply where any qualified person is temporarily unable to carry out his duties under subsection (5) by reason of his illness or absence from Singapore, and in such case the qualified person shall nominate another appropriate qualified person to act in his stead for the period of such illness or absence.
(5)
Every qualified person appointed or nominated under this section in respect of building works shall —
(a)
give such supervision and make such inspections as may be necessary to ensure that the building works are being carried out in accordance with the provisions of this Act and the building regulations, with the plans approved in respect thereof by the Building Authority and with any terms and conditions imposed by the Building Authority;
(b)
notify the Building Authority of any contravention of the provisions of this Act or the building regulations in connection with those building works;
(c)
keep and maintain at the premises on which building works are carried out such documents, books and records as may be prescribed in the building regulations;
(d)
submit to the Building Authority at the prescribed times such reports and certificates as may be prescribed in the building regulations; and
(e)
notify the Building Authority if the building works have been suspended for a period of more than 3 months.
(6)
If any person for whom any building works are or are to be carried out contravenes or fails to comply with subsection (1) or (2)(b), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding one year or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
(7)
Any qualified person who contravenes or fails to comply with subsection (4) or (5)(a), (b), (c) or (d) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction:Provided that it shall be a defence in any prosecution for a contravention or non-compliance with subsection (5)(b) for the person charged to prove to the satisfaction of the court that he did not know, nor could reasonably have discovered the contravention or non-compliance referred to in the charge.
(8)
Any qualified person or person for whom building works are or are to be carried out, as the case may be, who, without reasonable excuse, contravenes or fails to comply with subsection (2)(a), (3) or (5)(e) shall be guilty of an offence.
Clause 10
Appointment and duties of site supervisor
(1)
Where any building works are required by section 8(1) to be carried out under the full-time supervision of a site supervisor, the qualified person appointed under section 9 in respect of those building works shall, in respect of the structural elements of those building works, appoint not less than one site supervisor in respect of the building works.
(2)
No person shall be appointed as a site supervisor of building works for the purposes of this Act unless he possesses the prescribed practical experience and qualifications for the exercise of continuous supervision of the building works.
(3)
Every site supervisor of building works shall give full-time supervision to the carrying out of the building works to ensure that the building works are carried out in accordance with the plans approved in respect of the building works and with any terms and conditions imposed by the Building Authority.
(4)
If any qualified person contravenes or fails to comply with subsection (1), or any site supervisor contravenes or fails to comply with subsection (3), the qualified person or site supervisor, as the case may be, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction.
Clause 11
Tests of or in connection with building works
(1)
Subject to subsection (3), the qualified person appointed or nominated under section 9 in respect of the structural elements of any building works shall carry out such tests of or in connection with the building works as may be prescribed or required by the Building Authority.
(2)
Any tests that may be prescribed, or required to be carried out, under subsection (1) shall be carried out in such manner and at such places and times as may be prescribed in the building regulations.
(3)
The Building Authority may, on an application in relation to any particular building works, give a direction waiving the operation of subsection (1) in relation to those building works if he is satisfied that the operation of subsection (1) in relation to that particular case would be unreasonable.
(4)
An application under subsection (3) shall be accompanied by such particulars as may be prescribed.
(5)
If a qualified person fails to comply with subsection (1), the Building Authority may, by order in writing served on the qualified person and site supervisor of the building works and the person for whom the building works are carried out, require the building works to cease until the order is withdrawn.
(6)
Without prejudice to the right of the Building Authority to exercise his power under subsection (5), any qualified person who fails to comply with any requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding one year or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
(7)
If any person on whom an order made under subsection (5) is served fails to comply with the order, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding one year or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
Clause 12
Order for demolition, removal, etc., of unauthorised building or building works
(1)
Where in the opinion of the Building Authority any building has been erected, or any building works are or have been carried out, in contravention of the provisions of this Act or the building regulations, the Building Authority may by order in writing require —
(a)
the cessation of the building works until the order is withdrawn;
(b)
the demolition of the building; or
(c)
such work or alteration to the building or building works to be carried out as may be necessary to cause the same to comply with the provisions of this Act and the building regulations or otherwise to put an end to the contravention thereof,and, in every case, the order shall specify —
(i)
the manner in which the demolition, work or alteration specified in the order is to be carried out;
(ii)
the time within which the demolition, work or alteration shall commence;
(iii)
the time within which the demolition, work or alteration shall be completed; and
(iv)
that the demolition, work or alteration shall be carried out with due diligence to the satisfaction of the Building Authority.
(2)
An order made under subsection (1) shall be served —
(a)
where a building has been erected, on the owner of the building; or
(b)
where building works are being carried out, on the person for whom the works are carried out or the person carrying out the building works.
(3)
If an order made under subsection (1) is not complied with, the Building Authority may demolish, remove or alter, or cause to be demolished, removed or altered, such building or building works or take such other steps as appear to the Building Authority to be necessary and may recover all expenses reasonably incurred by him in the exercise of his powers under this section from the person in default.
(4)
Without prejudice to the right of the Building Authority to exercise his powers under subsection (3), if any person on whom an order made under subsection (1) is served fails to comply with the order, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction.
(5)
The Building Authority may seize any materials resulting from the carrying out of any work under subsection (3).
Clause 13
Modification or waiver of building regulations
(1)
The Building Authority may on receipt of an application in relation to any particular building modify or waive, subject to such terms and conditions as he may impose, any of the requirements of the building regulations.
(2)
Every application under subsection (1) shall be made to the Building Authority by or on behalf of the owner of the building to which the application relates in such form as may be required by the Building Authority and shall state the nature and extent of and reasons for the proposed modification or waiver of those requirements and shall be accompanied by such plans and other particulars as may be prescribed.
Clause 14
Register of accredited checkers
(1)
The Building Authority shall keep and maintain a register (referred to in this section and section 15 as the register of accredited checkers) in which shall be entered the names and prescribed particulars of all persons registered in accordance with section 15 as accredited checkers and the absence of the name of any person from the register shall be prima facie evidence that that person is not so registered.
(2)
The register of accredited checkers shall be kept and maintained at the office of the Building Authority and shall be available for inspection by any person without charge at such time as that office is open for business.
Clause 15
Registration of accredited checkers
(1)
An application for registration as an accredited checker shall be made in such manner and shall be accompanied by such documents and particulars as may be prescribed.
(2)
No person shall be registered as an accredited checker unless he can satisfy the Building Authority that he possesses the prescribed qualifications and practical experience.
(3)
Without prejudice to subsection (2), the Building Authority may refuse to register as an accredited checker an applicant who is, in his opinion, not of good character and reputation or unable to carry out the duties of an accredited checker under this Act.
(4)
The Building Authority may appoint a committee of persons to assist him in considering applications for registration as accredited checkers.
(5)
Where the Building Authority has registered a person as an accredited checker, the Building Authority shall issue to the person a certificate of accreditation.
(6)
The Building Authority may cancel the registration of an accredited checker —
(a)
who is deceased;
(b)
who has contravened or failed to comply with section 16(1);
(c)
who is convicted of an offence involving fraud or dishonesty or an offence under this Act or the building regulations;
(d)
who, in the opinion of the Building Authority, is no longer in a position to carry out the duties of an accredited checker under this Act; or
(e)
whose name has been included in the register by fraud or misrepresentation,except that the Building Authority shall not exercise his powers under paragraph (b), (c), (d) or (e) unless an opportunity of being heard has been given to the accredited checker against whom the Building Authority intends to exercise his powers.
(7)
Where the Building Authority cancels the registration of an accredited checker under subsection (6), he shall remove the name and particulars of the person from the register of accredited checkers and cancel any certificate of accreditation issued to the person pursuant to subsection (5) and the person shall, within 14 days of being notified of the removal, surrender to the Building Authority the certificate of accreditation and, if the person fails to do so, he shall be guilty of an offence.
(8)
Any person whose application for registration as an accredited checker is refused, or who is dissatisfied with the decision of the Building Authority under subsection (6), may, within 14 days of being notified in writing of the refusal or the decision, appeal to the Minister whose decision shall be final.
(9)
Any person whose name has been removed from the register of accredited checkers under subsection (6)(b), (c), (d) or (e) shall, if his appeal to the Minister is allowed, be forthwith reinstated.
Clause 16
Independence of accredited checker
(1)
At the time of the making by an accredited checker of a certificate under section 6(1)(c), the accredited checker shall have no professional or financial interest in the building works shown in the plans described in his certificate.
(2)
An accredited checker shall be regarded as having a professional or financial interest in any building works if —
(a)
he is or has been responsible for the design or construction of any of the building works in any capacity;
(b)
he or any nominee of his is a member, officer or employee of a company or other body which has a professional or financial interest in the building works; or
(c)
he is a partner or is in the employment of a person who has a professional or financial interest in the building works.
(3)
For the purposes of this Act —
(a)
a person shall be treated as having a professional or financial interest in the building works even if he has that interest only as trustee for the benefit of some other person; and
(b)
in the case of married people living together, the interest of one spouse shall, if known to the other, be deemed to be also an interest of the other.
(4)
For the purposes of this Act —
(a)
involvement in the building works as an accredited checker; and
(b)
entitlement to any fee paid for his function as an accredited checker,shall not be regarded as constituting a professional or financial interest.
Clause 17
Building offences
(1)
Any person who contravenes or fails to comply with any term or condition of an approval of plans of any building works, or any term or condition of a permit to carry out any building works, granted to him under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction.
(2)
Any person for whom any building works are carried out and any qualified person and site supervisor directly concerned with the building works who, in carrying out the building works deviates, or permits or authorises the building works to deviate, in any material way from any plans of the building works approved by the Building Authority under this Part shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
(3)
Any person who, being required by or by virtue of this Act or the building regulations to make or produce to the Building Authority any plan, declaration, certificate, report, record, notice or other document, or who, for the purpose of obtaining any licence, permit, waiver or approval from the Building Authority under this Act or the building regulations or for the purpose of establishing any fact relevant to the administration of this Act or the building regulations —
(a)
makes or produces any plan, declaration, certificate, report, record, notice or other document which is false in a material particular; or
(b)
produces any plan, declaration, certificate, report, record, notice or other document which is false in a material particular, or has not been made by the person by whom it purports to have been made, or has been in any way altered or tampered with,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
Clause 18
Pecuniary penalty
(1)
Whether or not proceedings have been instituted against any person for an offence under section 5(3), the Building Authority may require the person to pay such sum not exceeding 50 times the prescribed fees for the approval of plans of the building works in respect of which there appears to the Building Authority that such an offence has been committed.
(2)
Notwithstanding subsection (1), the Building Authority may, with the approval of the Minister, in any particular case increase the sum required to be paid under subsection (1) to an amount not exceeding the cost of the unauthorised building works as determined by the Building Authority.
Clause 19
Occupation of building
(1)
Except as otherwise provided in this Act, no building, or part of a building where any building works have been carried out, not being building works specified in the Schedule, shall be occupied in any way unless the Building Authority has issued a certificate of statutory completion in respect of that building or that part of the building:Provided that nothing in this subsection shall prohibit —
(a)
the occupation by any person of any building or part thereof for the sole purpose of preventing any damage to the building or part thereof or any theft of any property therein; or
(b)
the occupation by any person of any building in respect of which a temporary occupation permit has been granted.
(2)
The Building Authority may, on an application in the prescribed manner in relation to any building, grant a temporary occupation permit in respect of the building subject to such written directions as the Building Authority may specify and, in particular, those written directions may —
(a)
limit the period for which the temporary occupation permit is granted;
(b)
require such work or alteration to the building to be carried out as may be specified to the satisfaction of the Building Authority; and
(c)
provide for the completion of the work or alteration before the expiration of a specified period.
(3)
A temporary occupation permit shall only be prima facie evidence that a building is suitable for occupation and is and shall not be taken to be evidence of compliance with the provisions of this Act or the building regulations.
(4)
The Building Authority may amend, suspend or, in the event of failure to comply with any written direction issued under subsection (2), revoke any temporary occupation permit.
(5)
Any person who contravenes or fails to comply with subsection (1) or any written direction issued under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
Clause 20
Entrances, exits, etc., to be required in case of fire
(1)
If it appears to the Building Authority that a building is not provided with such means of escape in case of fire as the Building Authority considers satisfactory, regard being had to the purposes for which the building is used and the number of persons likely to resort to the building at any one time, the Building Authority may by order require the owner of the building to execute such work and make such provision as may be necessary to remedy the defect and if the owner fails to comply with the order, the Building Authority may execute the order in such manner as he thinks fit and may recover all expenses reasonably incurred by him in doing so from the owner in default.
(2)
If the Building Authority is satisfied that the safety of the public requires that immediate action should be taken in the case of any building as respects which he has given an order under subsection (1), he may by further order in writing served on the owner of the building require the closing of the building to, or restricting its use by, the public and if the owner fails to comply with the order, the Building Authority may execute the order in such manner as he thinks fit and recover all expenses reasonably incurred by him in doing so from the owner in default.
(3)
Without prejudice to the right of the Building Authority to exercise his powers under subsection (1) or (2), any person who, without reasonable excuse, fails to comply with an order served on him under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction.
(4)
The owner of any building shall take steps to secure that the means of escape in case of fire within the building are kept free and unobstructed and if he fails to do so, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
Clause 21
Dangerous building
(1)
If it appears to the Building Authority that a building is in such a condition, or is used to carry such loads, as to be or likely to be dangerous, the Building Authority may —
(a)
where danger arises or is likely to arise from the condition of the building, make an order requiring the owner thereof to do all or any of the following within such time as may be specified:
(i)
to carry out or cause to be carried out such inspection of the building as he may specify;
(ii)
to execute such building works as may be necessary to obviate the danger;
(iii)
to demolish the building or any part thereof, and remove any rubbish resulting from the demolition; or
(b)
where danger arises or is likely to arise from overloading of the building, make an order requiring the owner thereof to restrict its use until the Building Authority, being satisfied that any necessary building works have been executed, withdraws or modifies the restriction.
(2)
If the person on whom an order made under subsection (1) is served fails to comply with the order within the time specified, the Building Authority may —
(a)
execute the order in such manner as he thinks fit; and
(b)
recover all expenses reasonably incurred by him in doing so from the person in default.
(3)
Without prejudice to the right of the Building Authority to exercise his powers under subsection (2), any person who, without reasonable excuse, fails to comply with an order served on him under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding one year or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
Clause 22
Dangerous building — emergency measures
(1)
If it appears to the Building Authority that —
(a)
a building is in such a state or situation, or is used to carry such loads, as to be dangerous; and
(b)
immediate action should be taken to remove the danger,he may, if he considers it necessary, take such steps as may be necessary for that purpose, including ordering of the closure of the building.
(2)
Before exercising his powers under this section, the Building Authority shall, if it is reasonably practicable to do so, give notice of his intention to the owner and every occupier of the building.
(3)
Subject to this section, the Building Authority may recover from the owner of the building all expenses reasonably incurred by him under this section.
(4)
So far as expenses incurred by the Building Authority under this section consist of expenses of fencing off the building, or arranging for it to be watched, the expenses shall not be recoverable in respect of any period —
(a)
after the danger has been removed by other steps under this section; or
(b)
after an order made under section 21 for the purpose of its removal has been complied with or has been executed as mentioned in section 21(2).
(5)
In any proceedings to recover expenses under this section, the court shall inquire whether the Building Authority might reasonably have proceeded instead under section 21.
Clause 23
Closure Order
(1)
Where the Building Authority makes any order under this Act requiring the closing of any building, the order (referred to in this section as a Closure Order) shall be served on the owner and every occupier of the building.
(2)
Except with the permission in writing of the Building Authority, no person, other than a public officer in the course of his duty shall enter or be in a building at any time while a Closure Order is in force in respect of the building and any person who contravenes or fails to comply with this subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $200 for every day during which the offence continues after conviction.
(3)
Where the Building Authority thinks fit, he may, subject to such conditions as he may impose, by notice in writing permit any person to enter and be in a building while a Closure Order is in force in respect of the building.
(4)
Any permission granted under subsection (3) may be cancelled by the Building Authority at any time and for any reason.
(5)
Where a Closure Order is in force in respect of a building —
(a)
any police officer may, with such force or assistance as may be necessary, remove therefrom any person who is in the building in contravention of subsection (1); and
(b)
the Building Authority may seal, or cause to be sealed, all or any of the entrances to or exits from the building.
(6)
A Closure Order shall remain in force in respect of a building until the Building Authority has served a notice of expiry of a Closure Order on the owner of the building by causing the notice to be posted upon a conspicuous part of the building to which it relates and by serving a copy of the notice upon the owner.
(7)
Every notice of expiry of a Closure Order shall specify the building to which it relates and the date upon which the Closure Order expires.
Clause 24
Interpretation of this Part
In this Part —“owner”, in relation to a subdivided building comprising two or more flats, means —
(a)
the management corporation established under the Land Titles (Strata) Act (Cap. 158) having control of the building; or
(b)
the person receiving any rent or charge for the maintenance of the common property of the subdivided building;“structural engineer” means a person who is registered as a professional engineer under the Professional Engineers Act (Cap. 253) in the civil or structural engineering disciplines.
Definition
“owner”, in relation to a subdivided building comprising two or more flats, means —
(a)
the management corporation established under the Land Titles (Strata) Act (Cap. 158) having control of the building; or
(b)
the person receiving any rent or charge for the maintenance of the common property of the subdivided building;
Definition
“structural engineer” means a person who is registered as a professional engineer under the Professional Engineers Act (Cap. 253) in the civil or structural engineering disciplines.
Clause 25
Application
This Part shall apply to buildings other than bungalows, semi-detached houses, terraced or linked houses which are used by the owners or occupiers thereof solely as their residence.
Clause 26
Periodical inspection of buildings
(1)
Subject to subsection (2), the Building Authority may, by notice served on the owner of a building to which this Part applies, require the building to be inspected.
(2)
In relation to any building to which this Part applies, a notice under subsection (1) may be made —
(a)
where the building is used other than solely for residential purposes — after the fifth year commencing from the date the first certificate of statutory completion was issued in respect of the building and thereafter at intervals of not less than 5 years from the last inspection of the building under this section; or
(b)
where the building is used solely for residential purposes — after the tenth year commencing from the date the first certificate of statutory completion was issued in respect of the building and thereafter at intervals of not less than 10 years from the date of the last inspection of the building under this section.
(3)
Every owner of a building to which this Part applies shall, on receipt of a notice under subsection (1), cause the building to be inspected in the prescribed manner by a structural engineer appointed by the owner and if the notice is not complied with, the Building Authority may inspect the building or cause the building to be so inspected by a structural engineer appointed by him and may recover all expenses reasonably incurred by the Building Authority in the exercise of his powers under this subsection from the owner of the building.
(4)
The structural engineer who is appointed by the owner of a building or the Building Authority under subsection (3) to carry out an inspection of a building under this section shall be entitled at all reasonable times to full and free access to the building he is required to inspect and any person who hinders, obstructs or delays the structural engineer in the performance of his duty shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day during which the offence continues after conviction.
(5)
The report of the result of an inspection carried out under this section shall be prepared and signed by the structural engineer making the inspection and one copy of the report shall be served on the Building Authority by the structural engineer as soon as practicable and in any case within 28 days of the completion of the inspection.
(6)
Without prejudice to the right of the Building Authority to exercise his powers under subsection (3), any owner of a building who contravenes or fails to comply with a notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
(7)
The Minister may by order provide for the application of this section with such adaptations or modifications as may be specified therein to buildings in respect of which no certificate of fitness for occupation has been issued under regulations made under the Building Control Act (Cap. 29) repealed by this Act.
Clause 28
Exemption
The Minister may by order, either generally or in any particular case, and subject to such conditions as he may impose, exempt any premises or building or any building works from any or all of the provisions of this Act or the building regulations.
Clause 29
Corporate offenders
Where an offence under this Act or the building regulations has been committed by a body corporate, a partnership or unincorporated association of persons, any person who at the time of the commission of the offence was a director, manager, partner, secretary or other similar officer thereof, or was purporting to act in any such capacity, shall also be guilty of that offence unless he proves that the offence was committed without his consent or connivance, and that he had exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
Clause 30
Protection from liability
(1)
No liability shall lie against the Government or any public officer by reason of the fact that any building works are carried out in accordance with the provisions of this Act or that such building works or plans of the building works are subject to inspection or approval by the Building Authority or the public officer, nor shall anything in this Act make it obligatory for the Building Authority to inspect any building or building works or the site of any proposed building to ascertain whether the provisions of this Act are complied with or whether any plans, certificates, notices or other documents submitted to him are accurate.
(2)
No matter or thing done by the Building Authority or by any public officer shall if it were done bona fide for the purpose of carrying out the provisions of this Act subject him or such person personally to any action, liability, claim or demand whatsoever.
Clause 31
Power to enter premises
(1)
The Building Authority may enter any premises at all reasonable hours for the purpose of —
(a)
ascertaining whether there is, or has been, on or in connection with the premises, a contravention of this Act or the building regulations;
(b)
ascertaining whether circumstances exist that would authorise the Building Authority to take any action or execute any work under this Act or the building regulations;
(c)
taking any action or carrying out any work, authorised or required by this Act or the building regulations; or
(d)
inspecting the documents, books or records kept and maintained by a qualified person under section 9(5)(c).
(2)
For the purposes of any inspection under subsection (1)(d), the qualified person concerned shall afford the Building Authority access to and shall produce the documents, books or records and shall give such information and facilities as may be required by the Building Authority and any qualified person who contravenes or fails to comply with this subsection shall be guilty of an offence:Provided that those documents, books or records shall not be required to be produced at such times or at such places as would interfere with the proper execution of the building works.
(3)
Any person who wilfully obstructs the Building Authority in the performance of any matter or thing which he is authorised to do by this section shall be guilty of an offence.
Clause 32
Presumptions and defences
(1)
In any proceedings instituted under this Act for the commencement or carrying out of any building works on any premises in contravention of the provisions of this Act or the building regulations, the owner of the premises at the time the building works were commenced or carried out shall be presumed, until the contrary is proved, to be the person commencing or carrying out the building works.
(2)
Where anything is required under this Act to be done by the owner of a building, and there is more than one owner of such building, it shall be a defence to any prosecution for failing to do that thing —
(a)
that such thing was done by another owner of the building; or
(b)
that any notice or order in respect of such thing required under this Act to be served on the owner was served on another owner of the building and not on the person charged.
Clause 33
Occupier may execute work in default of owner
Whenever default is made by an owner of any premises in the execution of any work required under this Act to be executed by him, an occupier of the premises may, with the approval of the Building Authority, cause the work to be executed and the costs and expenses thereof shall be recoverable by the occupier from the owner or the amount may be deducted out of the rent from time to time becoming due from him to the owner and the occupier may, in the absence of any special agreement to the contrary, retain possession of the premises until the costs and expenses incurred by him have been fully reimbursed.
Clause 34
Proceedings if any occupier opposes the execution of works
(1)
Where —
(a)
the owner of any premises is required under any provision of this Act or the building regulations to carry out any work or make any provision in respect of the premises;
(b)
the owner has given written notice to the occupier of the premises of his intention to carry out the work or make such provision; and
(c)
the occupier prevents the owner from carrying out the work or making such provision in respect of the premises,a Magistrate’s Court, upon proof thereof and upon application by the owner, may make an order in writing requiring the occupier to permit the owner to execute all such work or to make such provision with respect to the premises as may be required by the provisions of this Act or the building regulations and may also, if the Court thinks fit, order the occupier to pay to the owner the costs relating to the application or order.
(2)
If after the expiration of 8 days from the date of the order the occupier continues to refuse to permit the owner to execute such work or make such provision as may be required by the provisions of this Act or the building regulations, the occupier shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200 for every day during which he so continues to refuse and every such owner shall, during the continuance of such refusal, be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing the work or making provision in respect of the premises or building.
Clause 35
Recovery of costs and expenses payable by owners
(1)
All expenses incurred by the Building Authority in or about the execution of any work pursuant to any provision of this Act shall be recoverable as a debt due to the Government from the person liable therefor and if there is more than one person, the expenses shall be apportioned by the Building Authority among the persons in such manner as he thinks fit.
(2)
The Building Authority may certify under his hand the expenses due and the names of the persons liable therefor and may by such certificate apportion the expenses among those persons and a copy of the certificate shall be served upon each of those persons.
(3)
Interest at the rate of 6% per annum from the expiry of one month from the date of service of a certificate under subsection (2) shall be recoverable as part of the expenses incurred by the Building Authority.
(4)
A certificate purporting to be under the hand of the Building Authority and to be made under subsection (2) and setting forth the amount claimed as due to the Building Authority and the persons as liable for the payment thereof shall be prima facie evidence of the facts certified therein and of the signature of the Building Authority thereto.
Clause 36
Recovery of costs and expenses by instalments
(1)
Where the Building Authority has incurred expenses in or about the execution of any work which are recoverable from any person, the Building Authority may either recover such expenses in the manner provided in section 35 or, if he thinks fit, may obtain an undertaking from the person for the payment of such instalments as will be sufficient to defray the whole amount of such expenses with interest thereon at a rate not exceeding 6% per annum within a period of 10 years.
(2)
Upon default in payment of any instalment upon the date appointed for payment thereof by any such undertaking, the whole of the balance then outstanding of such amount shall immediately become due and payable and, notwithstanding any change in the ownership or occupation of the premises since the date of the undertaking, may be recovered by the same means and in the like manner as provided in section 35.
(3)
The Minister may, at any time by notification in the Gazette, vary the rate of interest specified in subsection (1).
Clause 37
Liability of transferor of property in respect of expenses incurred by Building Authority
Where a person sells or transfers any premises in respect of which expenses have been incurred by the Building Authority in or about the execution of any work required to be done under this Act which are recoverable from the owner thereof, the person shall continue to be liable for the payment of all such expenses payable in respect of the premises and for the performance of all other obligations imposed by this Act upon the owner of those premises which became payable or were required to be performed prior to the transfer.
Clause 38
Property and things seized or removed by Building Authority
(1)
Any property or materials seized by the Building Authority in the exercise of his powers under this Act may be forfeited to the Government and sold or otherwise disposed of by the Building Authority unless a claim is made by the person to whom the property or materials belong within two weeks of the seizure in which case the property or materials may be returned to the person on such terms and conditions as the Building Authority may impose.
(2)
Where the Building Authority sells any property or materials under subsection (1) (other than property or materials seized under section 27), the Building Authority shall pay the proceeds of the sale to the owner to whom the property or materials belonged after deducting the amount of any expenses recoverable by the Building Authority from him.
Clause 39
Service of documents
(1)
Any notice, order or document required or authorised to be served under this Act may be served —
(a)
by delivering a copy thereof personally or by leaving it with some adult person at the last known place of abode of the person on whom the notice is to be served;
(b)
by leaving it at the usual or last known place of abode or business of the person on whom the notice is to be served in a cover addressed to that person or by posting it upon a conspicuous part of those premises; or
(c)
by sending it by registered post addressed to the person on whom the notice is to be served at his usual or last known place of abode or business.
(2)
A notice, order or document required or authorised by this Act to be served on the owner or the occupier of any premises shall be deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of the premises without further name or description.
Clause 40
Furnishing of information
(1)
The Building Authority may by notice require any person who appears to the Building Authority to be acquainted with the circumstances of any case which is under investigation to furnish him within such time as may be specified in the notice with information relating to that case in the possession of that person.
(2)
Any person who fails to comply with any notice under subsection (1) or who furnishes any information which he knows or has reason to believe is false shall be guilty of an offence.
Clause 41
Powers of arrest
(1)
A police officer may arrest without warrant any person who has committed or whom he reasonably suspects to have committed an offence under this Act or the building regulations —
(a)
if the person declines to give his name and address; or
(b)
if there is reason to doubt the accuracy of the name and address, if given.
(2)
A person arrested under this section may be detained until his name and address are correctly ascertained except that no person so arrested shall be detained longer than is necessary for bringing him before a court unless the order of a court for his detention is obtained.
Clause 42
Evidence
(1)
The contents of any document prepared, issued or served under, by virtue of or for the purposes of this Act or the building regulations shall until the contrary is proved be presumed to be correct and the production of any document purporting to contain any apportionment made under section 35(1) shall, without any other evidence whatever, be received as prima facie proof of the making and validity of the apportionment mentioned therein.
(2)
All records and other documents required by this Act or the building regulations to be kept by the Building Authority shall be 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 name and his official title shall be admissible in evidence as proof of the contents of the documents or extracts.
Clause 43
Magistrate’s and District Courts may impose full penalty
Notwithstanding the provisions of the Criminal Procedure Code (Cap. 68), a Magistrate’s Court or a District Court shall have power to impose the maximum penalties provided for an offence under this Act.
Clause 44
General penalty
Any person who is guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both.
Clause 45
Compounding of offences
(1)
The Building Authority may, in his discretion, compound any offence under this Act or the building regulations which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $400.
(2)
The Minister may make regulations to prescribe the offences which may be compounded.
Clause 46
Regulations
(1)
The Minister may make regulations for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed.
(2)
Without prejudice to the generality of subsection (1), the Minister may make regulations for or in respect of all or any of the following matters:
(a)
the regulation or prohibition of the exhibition of advertising signs, sky-signs, aerial signs and projected advertisement in or on any premises and the regulation of the size and construction of those signs and advertisements;
(b)
the submission of plans of building works, the authorisation of persons qualified to submit the same and their duties and responsibilities, and the nature or classification of plans which each such person may submit;
(c)
the construction, alteration and demolition of buildings and the methods and materials to be used in connection therewith;
(d)
the air space about buildings and the provision of air and open spaces within or between buildings;
(e)
the dimensions and headroom of rooms, cubicles, staircases and other parts of buildings;
(f)
the provision of lighting and ventilation, air-conditioning and ventilation systems in buildings;
(g)
the control and regulation of measures for energy conservation in buildings;
(h)
the provision of embankments and retaining walls;
(i)
measures for securing the prevention of fire and the provision, construction, maintenance and repair of means of escape from buildings in case of fire and of appliances for the prevention and extinguishment of fire;
(j)
the control, regulation and supervision by registration, licensing or otherwise of premises used for any trade or purpose specified in section 27;
(k)
measures for the construction, installation and inspection of lifts and escalators;
(l)
the control, regulation and supervision by registration, licensing, inspection or otherwise of places to which the public has access;
(m)
the prescribing of documents, books or records to be kept and reports or certificates to be made under this Act;
(n)
the time and manner of making an application for temporary occupation permits and certificates of statutory completion;
(o)
the prescribing of forms necessary for the administration of this Act; and
(p)
the prescribing of fees and charges for the purposes of this Act.
(3)
The Minister may, in making any building regulations under this section, provide that any contravention of or failure to comply with any provision thereof shall be an offence and may prescribe punishment by a fine not exceeding $5,000 or imprisonment for a term not exceeding 6 months or both.
Clause 47
Adoption of codes and standards
(1)
Any building regulations made under section 46 may adopt wholly or partially or as amended by the regulations or by reference any code, standard, rule, specification or provision which relates to any matter with which the building regulations deal and which is —
(a)
recommended, issued or adopted by the Singapore Institute of Standards and Industrial Research;
(b)
recommended, issued or adopted by —
(i)
the British Standards Institution; or
(ii)
any other standards organisation or body of any place outside Singapore being an organisation or body approved by the Building Authority;
(c)
included in any document issued by any Government department or issued by any public authority constituted by any written law.
(2)
The Building Authority shall cause a copy of every code, standard, rule, specification or provision adopted pursuant to subsection (1) (other than a code, standard, rule, specification or provision recommended, issued or adopted by the Singapore Institute of Standards and Industrial Research) to be made available for inspection by members of the public without charge at the office of the Building Authority during normal office hours.
(3)
In any proceedings under the building regulations, a copy certified by the Building Authority as a true copy of a code, standard, rule, specification or provision adopted pursuant to subsection (1) (other than a code, standard, rule, specification or provision recommended, issued or adopted by the Singapore Institute of Standards and Industrial Research) shall be evidence of the code, standard, rule, specification or provision so adopted.
Clause 48
Amendment of Schedule
The Minister may by order amend the Schedule.
Clause 49
Repeal and transitional provisions
(2)
Any licence, permission, approval or other document prepared, made or granted under the Building Control Act repealed by this Act and valid immediately prior to the commencement of this Act shall be deemed to have been prepared, made or granted under the corresponding provision of this Act.
(3)
A valid and subsisting certificate of fitness for occupation issued under regulations made under the repealed Building Control Act or a valid and subsisting temporary occupation licence shall have the same force and effect as a certificate of statutory completion or temporary occupation permit, respectively, granted under this Act.
(4)
The powers conferred on the Building Authority by this Act may be exercised in respect of any building or structure erected in contravention of, or deemed to be unauthorised under, any written law relating to building control in force before the commencement of this Act, and such building or structure shall be deemed to be 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 shall (except where the context otherwise requires) be construed as a reference to a temporary occupation permit or a certificate of statutory completion, respectively.
Clause 50
Consequential amendments
(1)
Section 2 of the Architects Act (Cap. 12) is amended by deleting the definition of “building authority” and substituting the following definition:“ “building authority” means any person who is empowered under the Building Control Act 1988 to approve plans of building works;”.
(2)
Section 3(1) of the Local Government Integration Act (Cap. 166) is amended by deleting the definition of “Building Authority” and substituting the following definition:“ “Building Authority” has the same meaning as in the Building Control Act 1988;”.
Common questions
- What is Building Control Bill?
- Building Control Bill is Singapore Bill, cited as Bill 3 1988, currently marked in force and first recorded in 1988.
- Is Building Control Bill still in force?
- Yes — Building Control Bill is currently in force.
- When did Building Control Bill take effect?
- Building Control Bill was first recorded in 1988.
- How many clauses does Building Control Bill have?
- Building Control Bill contains 50 clauses.
- Where can I read the official version of Building Control Bill?
- The official text of Building Control Bill is published at sso.agc.gov.sg.