# legal_provisions

document_id: bca-1989
provision_ref: s22FB
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FB
title: Individuals who may carry out energy audit
content:
22FB. Any of the following individuals may be appointed to carry out an energy audit under this Part (called in this Part a specified individual): ( a ) a mechanical engineer; ( b ) an energy auditor; ( c ) any other class or classes of individuals that may be prescribed. [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FC
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FC
title: Registration of energy auditors
content:
22FC. —(1) An individual is eligible to be registered as an energy auditor if the individual has the prescribed qualifications or experience in relation to assessing the energy efficiency of cooling systems of buildings. (2) An application to be registered as, or to renew the registration of, an energy auditor must — ( a ) be made to the Commissioner of Building Control; ( b ) be made in the form and manner specified by the Commissioner of Building Control; and ( c ) be accompanied by — (i) such documents or information as the Commissioner of Building Control may specify; and (ii) any application fee that may be prescribed. (3) The Commissioner of Building Control may register an applicant as an energy auditor, or renew the registration of an applicant as an energy auditor, if he or she is satisfied that the applicant — ( a ) has the prescribed qualifications or experience mentioned in subsection (1); and ( b ) is capable of carrying out the duties of an energy auditor under this Part. (4) The Commissioner of Building Control may, at the time of registering an applicant as an energy auditor, or renewing the registration of an applicant as an energy auditor, specify the validity period of the registration or the renewal of registration. (5) The Commissioner of Building Control may appoint a committee of persons to assist him or her in considering applications for registration, or renewal of registration, as an energy auditor. [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FD
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FD
title: Cancellation or suspension of registration of energy auditor
content:
22FD. —(1) The Commissioner of Building Control may cancel, or suspend for a period not exceeding 6 months, the registration of an energy auditor if the Commissioner of Building Control is satisfied that — ( a ) the individual obtained the individual’s registration or renewal of registration by fraud or misrepresentation; ( b ) the individual has been convicted of an offence which, in the opinion of the Commissioner of Building Control, renders the individual unfit to remain registered as an energy auditor; ( c ) the individual is no longer capable of carrying out the duties of an energy auditor; or ( d ) the individual is no longer suitable to be registered as an energy auditor for any other prescribed reason. (2) The Commissioner of Building Control must not cancel or suspend the registration of any energy auditor under subsection (1) without giving the energy auditor an opportunity to be heard. [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FE
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FE
title: Register of energy auditors
content:
22FE. —(1) The Commissioner of Building Control must keep a register of energy auditors in which must be entered the names and particulars of all individuals registered under section 22FC as energy auditors. (2) The Commissioner of Building Control must remove the name and particulars of an individual from the register of energy auditors — ( a ) upon the expiry of the individual’s registration as an energy auditor; or ( b ) when the Commissioner of Building Control cancels or suspends the individual’s registration as an energy auditor under section 22FD. (3) If the registration of an energy auditor is suspended under section 22FD for any period, then at the end of the period of suspension, the name and particulars of the energy auditor must be reinstated in the register of energy auditors. [Act 28 of 2024 wef 30/09/2025] Division 2 &#x2014; Monitoring energy efficiency and
environmental sustainability of buildings


document_id: bca-1989
provision_ref: s22FF
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FF
title: Periodic reporting on energy use of Type 1 buildings
content:
22FF. —(1) An owner of a Type 1 building must submit to the Commissioner of Building Control, a report for each prescribed period containing all of the following information relating to the Type 1 building for that period, in accordance with subsection (2): ( a ) the electricity consumption by users of the building as a whole or any part of the building or by different users in the building, as the Commissioner of Building Control may specify; ( b ) the consumption of other types of energy by users of the building as a whole or any part of the building or by different users in the building, as the Commissioner of Building Control may specify; ( c ) the consumption of chilled water supplied to the cooling system of the building; ( d ) such other information relating to the building, the users of the building or their energy usage, as may be prescribed. (2) The owner of the Type 1 building must submit the report in the form and manner and within the time, specified by the Commissioner of Building Control. (3) An owner of a Type 1 building who, without reasonable excuse, fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FG
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FG
title: Power to obtain information on energy consumption of any building, etc.
content:
22FG. —(1) Without affecting section 22FF, for the purpose of monitoring the energy efficiency and environmental sustainability of any building (including any Type 1 building or Type 2 building), the Commissioner of Building Control may do all or any of the following: ( a ) at any time, by written notice to the owner of the building, require the owner to provide the Commissioner of Building Control with all or any of the following information in respect of the building: (i) the electricity consumption by users of the building as a whole or any part of the building or by different users in the building; (ii) the consumption of other types of energy by users of the building as a whole or any part of the building or by different users in the building; (iii) the consumption of chilled water supplied to the cooling system of the building; (iv) such other information relating to the building, the users of the building and their energy usage as the Commissioner of Building Control may specify in the notice; ( b ) by written notice to a supplier of electricity, gas or any other type of energy (called in this section an energy supplier), require the energy supplier to provide the Commissioner of Building Control with information in the possession of the energy supplier relating to the energy consumption of any building or buildings specified in the notice; ( c ) by written notice to a supplier of any cooling system to buildings, require the supplier to provide the Commissioner of Building Control with information specified in the notice relating to the supply of cooling systems by the supplier to any building or buildings. (2) The person to whom a notice is directed under subsection (1) must provide the information required in the form and manner and within the time, specified in the notice. (3) Any person who, without reasonable excuse, fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 28 of 2024 wef 30/09/2025] Division 3 &#x2014; Energy-intensive buildings


document_id: bca-1989
provision_ref: s22FH
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FH
title: Application to Type 1 buildings
content:
22FH. This Division applies to and in relation to all Type 1 buildings. [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FI
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FI
title: Purpose of this Division and Division 4
content:
22FI. The purpose of this Division and Division 4 is to establish a framework to achieve and maintain a specified reduction or an approved reduction in the energy use intensity of Type 1 buildings that are energy-intensive buildings. [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FJ
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FJ
title: Issuance of MEI audit notice
content:
22FJ. —(1) Subject to subsection (2), the Commissioner of Building Control must issue a mandatory energy improvement audit notice to an owner of a Type 1 building if the Commissioner of Building Control — ( a ) receives information relating to the energy consumption of the Type 1 building — (i) under section 22FF or 22FG; or (ii) from a reliable and independent source; and ( b ) based on the information mentioned in paragraph ( a ), reasonably believes that the Type 1 building is an energy-intensive building. (2) However, the Commissioner of Building Control — ( a ) need not issue an MEI audit notice in relation to a Type 1 building if — (i) measures set out in an energy efficiency improvement plan have been carried out in relation to the building in accordance with section 22FQ; (ii) after the measures were carried out, the specified reduction or approved reduction in energy use intensity for the building has been achieved during the maintenance period mentioned in section 22FT(2)( a ); and (iii) a prescribed period after that maintenance period has not elapsed; and ( b ) may choose not to issue an MEI audit notice on any of the following grounds: (i) any prescribed ground; (ii) the Commissioner of Building Control is satisfied that there is a good reason not to issue the notice. (3) The Commissioner of Building Control does not need to ascertain the veracity of any information received under subsection (1)( a ) before issuing an MEI audit notice. (4) An MEI audit notice must specify — ( a ) the period within which the owner must appoint a specified individual to carry out an energy audit of the Type 1 building under section 22FM; and ( b ) the period within which the owner must submit an audit report and energy efficiency improvement plan to the Commissioner of Building Control under section 22FO(2). [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FK
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FK
title: Cancellation of MEI audit notice
content:
22FK. —(1) The Commissioner of Building Control must cancel an MEI audit notice issued in relation to a Type 1 building if he or she is satisfied, whether or not through further information provided, that the Type 1 building is not an energy-intensive building. (2) Without affecting subsection (1), the Commissioner of Building Control may cancel an MEI audit notice on any of the following grounds: ( a ) any prescribed ground; ( b ) the Commissioner of Building Control is satisfied that there is a good reason to do so. [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FL
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FL
title: Obligations of owner of Type 1 building subject to MEI audit notice
content:
22FL. —(1) An owner of a Type 1 building that is subject to an MEI audit notice must do all of the following: ( a ) appoint a specified individual to carry out an energy audit, in accordance with sections 22FM and 22FN; ( b ) submit an audit report of the energy audit carried out and an energy efficiency improvement plan, in accordance with section 22FO; ( c ) ensure that the energy efficiency improvement plan is carried out, in accordance with section 22FQ; ( d ) ensure that the specified reduction or approved reduction in energy use intensity is maintained for the maintenance period, in accordance with section 22FT. (2) In this Division and Division 4, a reference to an owner of a Type 1 building that is subject to an MEI audit notice — ( a ) means the current owner of the Type 1 building; and ( b ) includes a reference to a person who becomes the owner of that building after that notice is issued. (3) If the owner of a Type 1 building that is subject to an MEI audit notice ceases to be the owner of the building before the expiry of the maintenance period mentioned in section 22FT(2)( a ), the owner must notify the Commissioner of Building Control of that fact not later than 7 days after the owner ceases to be the owner of the building. (4) An owner of a Type 1 building who, without reasonable excuse, contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FM
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FM
title: Appointment of specified individual to carry out energy audit
content:
22FM. —(1) An owner of a Type 1 building that is subject to an MEI audit notice must appoint a specified individual to carry out an energy audit of the Type 1 building within the period specified in the notice. (2) If a specified individual appointed under subsection (1) vacates his or her appointment before the expiry of the maintenance period mentioned in section 22FT(2)( a ), the owner of the building must — ( a ) appoint another specified individual to carry out the energy audit within 90 days after the cessation; and ( b ) within 7 days after the date of the appointment, notify the Commissioner of Building Control in writing of that substitute appointment. (3) An owner of a Type 1 building who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. (4) An owner of a Type 1 building who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FN
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FN
title: Duties of specified individual carrying out energy audit for Type 1 building
content:
22FN. —(1) A specified individual appointed to carry out an energy audit of a Type 1 building must do all of the following: ( a ) carry out — (i) an audit on the energy use of the Type 1 building in the prescribed manner; (ii) an audit on the energy use of any cooling system or other system with high energy consumption that may be prescribed for that Type 1 building, in the prescribed manner; and (iii) an audit on the energy efficiency of any cooling system or other system with high energy consumption that may be prescribed for that Type 1 building, in the prescribed manner; ( b ) provide a recommendation on whether the Type 1 building is able to meet the specified reduction in energy use intensity without undergoing a major energy use change; ( c ) prepare and sign an energy efficiency improvement plan setting out the proposed measures to be carried out in relation to the Type 1 building for the purposes of meeting the specified reduction in energy use intensity (whether or not the proposed measures involve a major energy use change); ( d ) prepare and sign an audit report of the result of the energy audit in the form and manner specified by the Commissioner of Building Control that includes all of the following: (i) the recommendation mentioned in paragraph ( b ); (ii) the energy efficiency improvement plan mentioned in paragraph ( c ); ( e ) submit the audit report to the owner of the Type 1 building. (2) To avoid doubt, the proposed measures in the energy efficiency improvement plan may involve a major energy use change even if the building is able to meet the specified reduction in energy use intensity without undergoing a major energy use change. (3) If the specified individual appointed to carry out the energy audit assesses that it is impracticable for the Type 1 building to meet the specified reduction in energy use intensity (whether or not by carrying out a major energy use change), the audit report must include this assessment. (4) Any specified individual appointed to carry out an energy audit who — ( a ) without reasonable excuse, contravenes subsection (1) or (3); or ( b ) provides any information or makes any statement in relation to the audit report required under subsection (1) or (3), which the individual knows or has reason to believe is false, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FO
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FO
title: Submission of energy efficiency improvement plan
content:
22FO. —(1) This section applies to an owner of a Type 1 building — ( a ) that is subject to an MEI audit notice; and ( b ) in relation to which an audit report has been prepared and submitted under section 22FN(1)( d ) and ( e ). (2) The owner of the Type 1 building must submit the audit report and the energy efficiency improvement plan (whether or not amended under subsection (4)) to the Commissioner of Building Control — ( a ) within the period specified in the relevant MEI audit notice; and ( b ) in the form and manner specified by the Commissioner of Building Control. (3) Without affecting subsection (2), the owner may apply for the Commissioner of Building Control’s approval to reduce the energy use intensity of the Type 1 building by a lower percentage than the specified reduction for that building. (4) Any amendments to the proposed measures in the energy efficiency improvement plan must — ( a ) be made by a specified individual; and ( b ) meet the specified reduction or approved reduction in energy use intensity. (5) An application mentioned in subsection (3) — ( a ) must be made in the form and manner specified by the Commissioner of Building Control; and ( b ) may be made whether or not the audit report contains an assessment that it is impracticable for the Type 1 building to meet the specified reduction in energy use intensity. (6) An owner of a Type 1 building who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [Act 28 of 2024 wef 30/09/2025] Division 4 &#x2014; Energy efficiency improvement plan


document_id: bca-1989
provision_ref: s22FP
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FP
title: Application of this Division
content:
22FP. This Division applies to an owner of a Type 1 building — ( a ) that is subject to an MEI audit notice; and ( b ) in relation to which an energy efficiency improvement plan has been submitted to the Commissioner of Building Control under section 22FO(2) (called in this Division the original submission). [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FQ
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FQ
title: Duty to carry out energy efficiency improvement plan
content:
22FQ. —(1) Subject to subsection (2), the owner of the Type 1 building must, within the prescribed period or any longer period that the Commissioner of Building Control may allow in writing — ( a ) ensure that the measures set out in the energy efficiency improvement plan are carried out; and ( b ) submit all of the following to the Commissioner of Building Control: (i) a certificate of completion relating to the measures in the energy efficiency improvement plan certifying that — (A) the measures have been carried out and completed; and (B) the specified reduction or approved reduction in energy use intensity for the Type 1 building has been achieved; (ii) any other document relating to the Type 1 building or the energy efficiency improvement plan that the Commissioner of Building Control may require. (2) To avoid doubt, if — ( a ) the Type 1 building concerned is also a Type 2 building; and ( b ) the energy efficiency improvement plan involves a major energy use change to the building, the major energy use change must be carried out in accordance with Division 5. (3) The certificate of completion mentioned in subsection (1)( b )(i) must — ( a ) be prepared and signed by a specified individual; and ( b ) be submitted in the form and manner specified by the Commissioner of Building Control. (4) An owner of a Type 1 building who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FR
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FR
title: Progress report on energy efficiency improvement plan
content:
22FR. —(1) Without affecting section 22FQ(1), the Commissioner of Building Control may issue a written direction to the owner of a Type 1 building to submit a progress report. (2) The progress report must — ( a ) set out the measures in the energy efficiency improvement plan that have been carried out in relation to the building; and ( b ) be in the form and manner specified by the Commissioner of Building Control. (3) An owner of a Type 1 building who, without reasonable excuse, fails to comply with a written direction mentioned in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FS
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FS
title: Departure and deviation from energy efficiency improvement plan
content:
22FS. —(1) If there are any changes to the measures carried out for the energy efficiency improvement plan, the owner of the Type 1 building concerned must — ( a ) ensure that a specified individual — (i) amends the energy efficiency improvement plan, showing clearly the departures and deviations; and (ii) certifies that the measures in the amended energy efficiency improvement plan will meet the specified reduction or approved reduction in energy use intensity; and ( b ) submit the amended and certified energy efficiency improvement plan to the Commissioner of Building Control — (i) within 60 days after the owner becomes aware of the changes; and (ii) in the form and manner specified by the Commissioner of Building Control. (2) An owner of a Type 1 building who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FT
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FT
title: Maintenance period
content:
22FT. —(1) This section applies after the measures set out in the energy efficiency improvement plan are carried out in relation to a Type 1 building under section 22FQ. (2) The owner of the building must — ( a ) maintain the specified reduction or approved reduction in energy use intensity in relation to the building for a prescribed maintenance period; and ( b ) submit a maintenance report to the Commissioner of Building Control within 3 months after the last day of the maintenance period or any longer period that the Commissioner of Building Control may allow in writing. (3) The maintenance report mentioned in subsection (2)( b ) must — ( a ) state the energy use intensity of the building during the maintenance period; ( b ) if the specified reduction or approved reduction in energy use intensity is not maintained during the maintenance period — contain additional measures to supplement the energy efficiency improvement plan; ( c ) be prepared and signed by a specified individual; and ( d ) be submitted in the form and manner specified by the Commissioner of Building Control. (4) An owner of a Type 1 building who, without reasonable excuse, contravenes subsection (2)( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FU
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FU
title: Directions if reduction in energy use intensity, etc., not maintained during maintenance period
content:
22FU. —(1) This section applies if the specified reduction or approved reduction in energy use intensity for an energy-intensive building is not achieved and maintained during the maintenance period mentioned in section 22FT(2)( a ). (2) The Commissioner of Building Control may issue a written direction to an owner of the building for the purpose of ensuring that the specified reduction or approved reduction in energy use intensity is achieved and maintained. (3) The written direction may direct the owner of the building to do any one or more of the following, within the period specified in the direction or any longer period that the Commissioner of Building Control may allow in writing: ( a ) ensure that a specified individual prepares a supplemental report to supplement the energy efficiency improvement plan submitted with additional measures to be carried out in relation to the building; ( b ) carry out or ensure the carrying out of either or both of the following additional measures: (i) the additional measures supplemented under paragraph ( a ); (ii) the additional measures supplemented under section 22FT(3)( b ); ( c ) submit one or more reports on the energy use intensity of the building that are prepared and signed by a specified individual, to confirm that the specified reduction or approved reduction in energy use intensity is achieved and maintained. (4) An owner of an energy-intensive building who, without reasonable excuse, fails to comply with a written direction mentioned in subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FV
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FV
title: Power to modify or waive requirements
content:
22FV. The Commissioner of Building Control, may, on the application of an owner of an energy-intensive building in any particular case, modify or waive any requirement relating to the implementation of an energy efficiency improvement plan under section 22FQ, 22FR or 22FS or the maintenance of the reduction in energy use intensity under section 22FT or 22FU, subject to any conditions that the Commissioner of Building Control may impose. [Act 28 of 2024 wef 30/09/2025] Division 5 &#x2014; Major energy use change and
periodic energy audit


document_id: bca-1989
provision_ref: s22FW
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FW
title: Application to Type 2 buildings
content:
22FW. This Division applies to and in relation to all Type 2 buildings. [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FX
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FX
title: Submission of design score for Type 2 building undergoing major energy use change
content:
22FX. —(1) An owner of any Type 2 building must not carry out, or permit or authorise the carrying out of, any major energy use change to that building, unless the owner has first — ( a ) appointed a mechanical engineer to assess the design score for the major energy use change to the building; [Act 28 of 2024 wef 30/09/2025] ( b ) submitted the design score assessed by the mechanical engineer appointed under paragraph ( a ) to the Commissioner of Building Control for approval, in the prescribed form and manner and accompanied by such documents and fee as may be prescribed; and ( c ) obtained the approval of the Commissioner of Building Control for the design score, which approval has not lapsed at the time of commencement of the major energy use change. [22/2012] [Act 28 of 2024 wef 30/09/2025] (2) Subject to subsection (5), the Commissioner of Building Control must not approve the design score in relation to a Type 2 building unless the design score meets the prevailing minimum environmental sustainability standard for that building or a building of that class or type. [22/2012] [Act 28 of 2024 wef 30/09/2025] (3) Upon receiving the submission of a design score relating to a Type 2 building for approval under subsection (1), the Commissioner of Building Control may direct the owner of the building in writing — ( a ) to comply with any requirements in relation to the major energy use change that the Commissioner of Building Control may specify so that the design score meets the minimum environmental sustainability standard applicable to the building; and [Act 28 of 2024 wef 30/09/2025] ( b ) to re-submit the design score for the approval of the Commissioner of Building Control within the period specified in the direction. [22/2012] [Act 28 of 2024 wef 30/09/2025] (4) If the direction given by the Commissioner of Building Control under subsection (3) is not complied with within the period specified in that direction, the application for approval of the design score is, at the end of that period, deemed to be disapproved by the Commissioner of Building Control. [22/2012] [Act 12 of 2020 wef 01/01/2022] (5) The Commissioner of Building Control may, on the application of an owner of a Type 2 building in any particular case, modify or waive any requirement in relation to the minimum environmental sustainability standard applicable to the building, subject to any conditions that the Commissioner of Building Control may impose. [22/2012] [Act 28 of 2024 wef 30/09/2025] (6) The Commissioner of Building Control may approve the design score on the basis of a declaration by the mechanical engineer who assessed the score certifying the correctness of the design score. [22/2012] (7) A mechanical engineer appointed under subsection (1)( a ) in relation to a Type 2 building must — ( a ) design the proposed major energy use change to the building so that the design score meets the minimum environmental sustainability standard applicable to the building; [Act 28 of 2024 wef 30/09/2025] ( b ) assess the design score for the major energy use change to the building in the manner prescribed; and [Act 28 of 2024 wef 30/09/2025] ( c ) provide to the owner of the building — (i) the design score and the documents on which the design score was assessed; (ii) a declaration as to whether the design score meets the minimum environmental sustainability standard applicable to the building; and (iii) any other documents that the Commissioner of Building Control may require. [22/2012] [Act 28 of 2024 wef 30/09/2025] (8) Any owner of a Type 2 building who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [22/2012] [Act 28 of 2024 wef 30/09/2025] (9) Any mechanical engineer who — ( a ) without reasonable excuse, contravenes subsection (7); or ( b ) provides any information or makes any statement in relation to the design score, or in any other document required under subsection (7)( c ), which the mechanical engineer knows or has reason to believe is false, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [22/2012] [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FY
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FY
title: Deviation from approved design score
content:
22FY. Where the design score in relation to any major energy use change to a Type 2 building has been approved by the Commissioner of Building Control under section 22FX and the owner of the building, in carrying out the major energy use change, intends to depart or deviate from the design on which the approved design score was assessed, the mechanical engineer appointed under section 22FX(1)( a ) — ( a ) must ensure that the design score for the major energy use change with such departure or deviation still meets the minimum environmental sustainability standard, subject to any modification or waiver under section 22FX(5); but [Act 28 of 2024 wef 30/09/2025] ( b ) need not re-submit the design score to the Commissioner of Building Control for approval. [22/2012] [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FZ
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FZ
title: Lapsing or revocation of approval of design score
content:
22FZ. —(1) Unless earlier revoked under subsection (2), any approval granted under section 22FX in respect of a design score for a major energy use change lapses if no works in respect of that major energy use change have started within the prescribed period after the approval is granted. [22/2012] [Act 28 of 2024 wef 30/09/2025] (2) The Commissioner of Building Control may, at any time, revoke any approval granted in respect of a design score if he or she is satisfied that any information or document submitted to him or her in connection with the design score is false in a material particular. [22/2012] (3) Where the approval of a design score is revoked under subsection (2), the owner of the Type 2 building must not carry out or continue the major energy use change to which the revoked approval relates unless the owner has first re‑submitted the design score to the Commissioner of Building Control and obtained the approval of the Commissioner of Building Control therefor. [22/2012] [Act 28 of 2024 wef 30/09/2025] (4) Any owner of a Type 2 building who, without reasonable excuse, contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. [22/2012] [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FZA
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FZA
title: Completion of major energy use change and submission of as‑built score
content:
22FZA. —(1) The owner of a Type 2 building must, not later than 3 years after the approval of the design score for a major energy use change to that building by the Commissioner of Building Control — ( a ) complete the major energy use change in accordance with the design score approved by the Commissioner of Building Control, subject to any departure or deviation which complies with section 22FY; and [Act 28 of 2024 wef 30/09/2025] ( b ) submit to the Commissioner of Building Control in the form and manner and within the time that may be prescribed — (i) the as-built score of the building assessed by the mechanical engineer appointed under section 22FX(1)( a ) or, if that mechanical engineer has vacated his or her appointment, another mechanical engineer appointed under subsection (5), for approval by the Commissioner of Building Control; [Act 28 of 2024 wef 30/09/2025] (ii) a declaration by the mechanical engineer who assessed the as‑built score certifying the correctness of the as‑built score; and (iii) any other documents that may be prescribed. [22/2012] [Act 28 of 2024 wef 30/09/2025] (2) The Commissioner of Building Control may approve the as‑built score on the basis of a declaration by the mechanical engineer who assessed the score certifying the correctness of the as‑built score. [22/2012] (3) A mechanical engineer appointed to assess the as-built score in relation to a Type 2 building must, within 7 days after the completion of the major energy use change — ( a ) assess the as-built score of the building in the manner prescribed; and ( b ) provide to the owner of the building — (i) the as-built score and the documents on which the as‑built score was assessed; (ii) a declaration as to whether the as‑built score meets the minimum environmental sustainability standard applicable to the building; (iii) any document certifying the completion of the major energy use change that the Commissioner of Building Control may specify; and [Act 28 of 2024 wef 30/09/2025] (iv) any other documents that the Commissioner of Building Control may require. [22/2012] [Act 28 of 2024 wef 30/09/2025] (4) If the owner of the Type 2 building ceases to be the owner thereof before the submission of the as‑built score under subsection (1)( b ), the owner must notify the Commissioner of Building Control of that fact not later than 7 days after the owner ceases to be the owner thereof. [22/2012] [Act 28 of 2024 wef 30/09/2025] (5) If any mechanical engineer appointed under section 22FX(1)( a ) in relation to a Type 2 building vacates his or her appointment before the submission of the as‑built score under subsection (1)( b ) for that building, the owner of the building must — ( a ) appoint another mechanical engineer to assess the as‑built score; and ( b ) within 7 days thereafter, notify the Commissioner of Building Control of that substitute appointment. [22/2012] [Act 28 of 2024 wef 30/09/2025] (6) Any owner of a Type 2 building who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [22/2012] [Act 28 of 2024 wef 30/09/2025] (7) Any owner of a Type 2 building who, without reasonable excuse, contravenes subsection (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [22/2012] [Act 28 of 2024 wef 30/09/2025] (8) Any mechanical engineer who — ( a ) without reasonable excuse, contravenes subsection (3); or ( b ) provides any information or makes any statement in relation to the as‑built score, or in any other document required under subsection (3)( b ), which the mechanical engineer knows or has reason to believe is false, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [22/2012] [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FZB
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FZB
title: Periodic audit of energy efficiency of building cooling system
content:
22FZB. —(1) Subject to subsection (2), the Commissioner of Building Control may, by notice served on the owner of any of the following buildings, require an audit to be carried out as to whether the cooling system of the building meets the prescribed energy efficiency standard applicable to such cooling system (called in this Division an energy audit): ( a ) any building in respect of which an application for planning permission is submitted to the competent authority under the Planning Act 1998 on or after 1 December 2010; ( b ) any Type 2 building which has undergone a major energy use change under this Division. [22/2012] [Act 28 of 2024 wef 30/09/2025] (2) A notice under subsection (1) may be issued — ( a ) to the owner of any building in respect of which the application for planning permission is submitted to the competent authority under the Planning Act 1998 on or after 1 December 2010 — (i) at any time after the temporary occupation permit or, if no temporary occupation permit is issued, the certificate of statutory completion is issued in respect of that building; and (ii) thereafter at intervals of not less than 3 years after the date of the last notice under this section; and ( b ) to the owner of any Type 2 building which has undergone a major energy use change — (i) at any time on or after the third anniversary of the date of the approval of the as‑built score mentioned in section 22FZA(1)( b )(i); and [Act 28 of 2024 wef 30/09/2025] (ii) thereafter at intervals of not less than 3 years after the date of the last notice under this section. [22/2012] [Act 28 of 2024 wef 30/09/2025] (3) The owner of a building on whom a notice is served under subsection (1) must, within the period specified in the notice under that subsection — ( a ) appoint a specified individual to carry out the energy audit; [Act 28 of 2024 wef 30/09/2025] ( b ) if the cooling system does not meet the applicable prescribed energy efficiency standard, carry out any maintenance work or take any other measures in relation to the cooling system to ensure that it meets the applicable prescribed energy efficiency standard; and ( c ) submit the report of the energy audit to the Commissioner of Building Control in such form and manner as the Commissioner of Building Control may specify. [22/2012] [Act 12 of 2020 wef 01/01/2022] (4) Any owner of a building who, without reasonable excuse, contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. [22/2012] (5) The Commissioner of Building Control may, on the application of an owner of a building in any particular case, modify any requirement in relation to the prescribed energy efficiency standard for the cooling system of the building, subject to any conditions that the Commissioner of Building Control may impose. [22/2012] [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22FZC
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FZC
title: Duties of specified individual carrying out energy audit
content:
22FZC. —(1) Any specified individual appointed to carry out an energy audit under section 22FZB of a cooling system of a building — ( a ) must carry out the energy audit in the prescribed manner; ( b ) may, if the cooling system of the building fails to attain the prescribed energy efficiency standard applicable to such a cooling system, recommend to the owner of the building any measures that may be necessary to attain the prescribed energy efficiency standard; and ( c ) must, on completion of the energy audit of the cooling system (including of any maintenance work or other measures taken to meet the prescribed energy efficiency standard), prepare and sign a report of the result of the energy audit in the form that the Commissioner of Building Control may specify. [22/2012] [Act 28 of 2024 wef 30/09/2025] (2) Any specified individual appointed to carry out an energy audit who — ( a ) without reasonable excuse, contravenes subsection (1); or ( b ) provides any information or makes any statement in relation to the energy audit report required under subsection (1)( c ), which the specified individual knows or has reason to believe is false, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [22/2012] [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s22G
chapter: PART 4 - DANGEROUS BUILDINGS AND OCCURRENCES
section: 22G
title: Interpretation of this Part
content:
22G. —(1) In this Part — “building” includes a building or any part of a building in respect of which building works are being carried out; “building product” means any product, material, assembly of components, software or other thing that is, or could be, used in a building and is prescribed by building regulations to be a building product for the purposes of Division 2; “reportable matter” means — ( a ) any safety incident that — (i) occurs on or after the date of commencement of section 19 of the Building Control (Amendment) Act 2020; (ii) involves an exterior feature or a fixed installation; and (iii) is prescribed by building regulations to be a reportable safety incident for the purposes of this Part; or ( b ) any safety risk that — (i) involves the use of a building product (even if the building product was used in a building before the date of commencement of section 19 of the Building Control (Amendment) Act 2020); and (ii) is prescribed by building regulations to be a reportable safety risk for the purposes of this Part; “safety incident”, in relation to an exterior feature of a building or a fixed installation, means — ( a ) any situation where an individual dies, or is injured as a result of, an incident associated with the condition of the exterior feature or the operation of the fixed installation; ( b ) any situation where any property (other than the exterior feature or fixed installation itself) is damaged as a result of an incident associated with the condition of the exterior feature or the operation of the fixed installation; or ( c ) any situation or condition involving the exterior feature or fixed installation which endangers or which, if not corrected or if left unattended, would — (i) endanger the occupants of the building or any other person; and (ii) induce a situation described in paragraph ( a ) or ( b ); “safety risk”, in relation to a building product, means a feature of the design or construction of — ( a ) the building product; or ( b ) a component, accessory or other part of a building product, such that the use of the building product in a building poses to any occupant of the building, or any member of the public in or in the vicinity of the building, risk of death or serious injury arising from the use of the building product in the building. (2) For the purpose of the definition of “safety risk” in subsection (1) and this Part — ( a ) a risk can be considered to arise from the use of a building product in a building even if the risk will only arise in certain circumstances or if some other event occurs, such as fire; ( b ) a building product is used in a building if it is or is to be incorporated into, connected to, or otherwise installed in a building by means of building works; and ( c ) use of a building product in a building includes a misuse of a building product in a building. [Act 12 of 2020 wef 01/10/2025]


document_id: bca-1989
provision_ref: s23
chapter: PART 4 - DANGEROUS BUILDINGS AND OCCURRENCES
section: 23
title: Dangerous building works
content:
23. —(1) If the Commissioner of Building Control is of the opinion that any building works are being carried out in such a manner as — ( a ) will cause, or will be likely to cause, a risk of injury to any person or damage to any property; ( b ) will cause, or will be likely to cause, or may have caused a total or partial collapse of — (i) the building in respect of which the building works are or have been carried out; or (ii) any building, street, slope or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works, or any part of any such building, street or land; or ( c ) will render, or will be likely to render, or may have rendered the building in respect of which the building works are or have been carried out or any building, street, slope or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works, or any part of any such building, street or land, so unstable or so dangerous that it will collapse or be likely to collapse (whether totally or partially), the Commissioner of Building Control may do either or both of the following: ( d ) engage a qualified person or a specialist to carry out such investigations and tests as may be necessary and to advise the Commissioner of Building Control on all matters relating to the safety of the building in respect of which the building works are or have been carried out or the building, street, slope or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works (as the case may be), the reasons for its collapse (if applicable) and the measures that should be taken to obviate any possible danger that might arise from the condition of the building; ( e ) make all or any of the orders in subsection (2). [47/2007; 22/2012] (2) The Commissioner of Building Control may, for the purpose of obviating any danger or preventing any situation mentioned in subsection (1)( a ), ( b ) or ( c ) from happening, order the developer of those building works — ( a ) to immediately stop the building works; ( b ) to carry out or cause to be carried out (at the developer’s cost) any inspection that the Commissioner of Building Control may specify of either or both of the following: (i) the building in respect of which the building works are or have been carried out; (ii) the building, street, slope or natural formation opposite, parallel, adjacent or in otherwise close proximity to those building works; ( c ) to execute or cause to be executed (at the developer’s cost) any building works that the Commissioner of Building Control may specify (which may include retrofitting under Part 3); or ( d ) to demolish or cause to be demolished (at the developer’s cost) the building in respect of which the building works are or have been carried out or any part thereof, and remove any rubbish resulting from the demolition. [47/2007; 22/2012] (3) Where the building works mentioned in subsection (1) comprise structural works, the Commissioner of Building Control may, in lieu of or in addition to any engagement or order in subsection (1) or (2), revoke any permit granted under section 6 to carry out those structural works. [47/2007] (4) If the person to whom an order in subsection (2) is given fails to comply with the order within the time specified, the Commissioner of Building Control may execute the order in any manner that he or she thinks fit and recover in a court of competent jurisdiction as a debt due to him or her all expenses reasonably incurred by him or her in doing so from the person in default. [47/2007] (5) Without affecting the right of the Commissioner of Building Control to exercise his or her powers under subsection (4), any person who, without reasonable excuse, fails to comply with any order in subsection (2) that the person is given shall be guilty of an offence and shall be liable on conviction to — ( a ) where the order is to immediately stop the building works — (i) a fine not exceeding $500,000 or imprisonment for a term not exceeding 2 years or both; and (ii) in respect of a continuing failure to comply, an additional fine not exceeding $10,000 for each day or part of a day the person fails to comply with the order; or ( b ) in the case of any other order in subsection (2) — (i) a fine not exceeding $100,000 or imprisonment for a term not exceeding 12 months or both; and (ii) in respect of a continuing failure to comply, an additional fine not exceeding $2,500 for each day or part of a day the person fails to comply with the order, and if the failure to comply continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding — ( c ) where the order is to immediately stop the building works — $20,000 for each day or part of a day the person fails to comply with the order after conviction; or ( d ) in the case of any other order in subsection (2) — $5,000 for each day or part of a day the person fails to comply with the order after conviction. [47/2007] (6) Any person to whom any order in subsection (2) is given must, while the order is in force, display a copy of the order at every entrance to the building to which the order relates, and that copy must be displayed in a way that it can be easily read by people outside the building. [47/2007] (7) Any person who contravenes subsection (6) shall be guilty of an offence. [47/2007] (8) The Commissioner of Building Control may also order the developer of the building works concerned to pay or reimburse the Commissioner of Building Control, all or a specified part of the expenses he or she has incurred in engaging a qualified person or a specialist under subsection (1)( d ). [47/2007] (9) The Commissioner of Building Control may recover in a court of competent jurisdiction as a debt due to him or her so much of the amount payable under an order made under subsection (8) as is not paid in accordance with that order. [47/2007] (10) Any person on whom an order under subsection (8) is served may, within 14 days after the date of receipt of the order, appeal in writing to the Minister against the order in the prescribed manner. [47/2007] (11) The Minister may determine an appeal under subsection (10) by confirming, varying or cancelling the order of the Commissioner of Building Control under subsection (8); and the decision of the Minister in any such appeal is final. [47/2007]


document_id: bca-1989
provision_ref: s24
chapter: PART 4 - DANGEROUS BUILDINGS AND OCCURRENCES
section: 24
title: Dangerous buildings
content:
24. —(1) If the Commissioner of Building Control is of the opinion that a building is in such a condition, or is used to carry such loads, as to be or likely to be dangerous, the Commissioner of Building Control may, for the purpose of obviating any danger, order an owner of the building to do all or any of the following: ( a ) to appoint an appropriate person to carry out (at the owner’s cost) any inspection of the building that the Commissioner of Building Control may specify; [Act 12 of 2020 wef 01/10/2025] ( b ) to execute or cause to be executed (at the owner’s cost) any building works that the Commissioner of Building Control may specify (which may include retrofitting under Part 3); ( c ) to demolish or cause to be demolished (at the owner’s cost) the building or any part thereof, and remove any rubbish resulting from the demolition; ( d ) to cause (at the owner’s cost) the building to be shored up or otherwise secured and a proper hoarding or fence to be put up for the protection of the public from danger, or arranging for the building to be watched; [Act 12 of 2020 wef 01/10/2025] ( e ) to suspend the operation or use of any part of the building by any occupier or other person until after the Commissioner of Building Control otherwise approves. [47/2007; 22/2012] [Act 12 of 2020 wef 01/10/2025] (1A) In addition, the Commissioner of Building Control may give an order under subsection (1) to do any thing under subsection (1)( a ), ( b ), ( c ), ( d ) or ( e ) in respect of an exterior feature of a building or a fixed installation, or any building product used in a building, that the Commissioner of Building Control reasonably believes is necessary for either or both the following purposes: ( a ) to prevent safety incidents involving the exterior feature or fixed installation in the future; ( b ) to eliminate or minimise a safety risk posed by the use in the building of the building product. [Act 12 of 2020 wef 01/10/2025] (1B) Where an order under subsection (1) is given to the owner or owners of 2 or more adjoining or connected buildings, a power to order the doing of anything under subsection (1)( a ), ( b ), ( c ), ( d ) or ( e ) includes — ( a ) a power to order the respective owners of the buildings to jointly appoint the same qualified person or persons to carry out (at the owners’ cost) an inspection of each of the buildings, where subsection (1)( a ) is concerned; and ( b ) a power to order the respective owners of the buildings to jointly do that thing under subsection (1)( b ), ( c ), ( d ) or ( e ) in relation to each of those buildings. [Act 12 of 2020 wef 01/10/2025] (1C) In the case of an order under subsection (1) in respect of a building with 2 or more owners, each of those owners is jointly and severally responsible — ( a ) to take such steps as are necessary to comply with the order; and ( b ) to bear all costs incurred to comply with the order. [Act 12 of 2020 wef 01/10/2025] (2) The Commissioner of Building Control may, in lieu of or in addition to any order under subsection (1), make — ( a ) an order (called in this Part an occupancy order) directing the owner or occupier of the building to not allow more than the number of people stated in the occupancy order to be in the building at any time or to otherwise restrict the use of the building, until the Commissioner of Building Control, being satisfied that any inspection or building works mentioned in subsection (1) are completed, withdraws the order; or ( b ) an order (called in this Part a closure order) directing the closure of the building, and that every owner and occupier of the building must quit the building and must not allow anyone else to occupy the building except as permitted under this Part. [47/2007] (3) Before exercising any of his or her powers under subsection (2), the Commissioner of Building Control must, if it is reasonably practicable to do so, give notice of his or her intention to make an occupancy order or a closure order, as the case may be. [47/2007] (4) If the person to whom an order in subsection (1) is given fails to comply with the order within the time specified, the Commissioner of Building Control may –– ( a ) execute the order in any manner that he or she thinks fit; and ( b ) recover in a court of competent jurisdiction as a debt due to him or her all expenses reasonably incurred by him or her in doing so from the person in default, except that so far as the expenses incurred under this section consist of expenses of fencing off the building, or arranging for it to be watched, the expenses are not recoverable in respect of any period after the danger has been removed by other steps under this section. [47/2007] (5) Without affecting the right of the Commissioner of Building Control to exercise his or her powers under subsection (4), any person who, without reasonable excuse, fails to comply with any order in subsection (1) that the person is given shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in respect of a continuing failure to comply, to an additional fine not exceeding $2,500 for each day or part of a day the person fails to comply with the order, and if the failure to comply continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $5,000 for each day or part of a day the person fails to comply with the order after conviction. [47/2007] (6) Any person to whom any occupancy order or closure order under subsection (2) is given must, while the order is in force, display a copy of the order at every entrance to the building to which the order relates, and that copy must be displayed in a way that it can be easily read by people outside the building. [47/2007] (7) Any person who contravenes subsection (6) shall be guilty of an offence. [47/2007] (8) For the purposes of subsection (1A), it does not matter that the building product was used in a building before the building product became the subject of a reportable safety risk. [Act 12 of 2020 wef 01/10/2025] (9) Where a building in respect of which the Commissioner of Building Control is to exercise his powers under this section is a fixed installation, any reference in this section to the owner of a building is a reference to the fixed installation owner of that fixed installation. [Act 12 of 2020 wef 01/10/2025]


document_id: bca-1989
provision_ref: s24A
chapter: PART 4 - DANGEROUS BUILDINGS AND OCCURRENCES
section: 24A
title: Dangerous slopes
content:
24A. —(1) If the Commissioner of Building Control is of the opinion that any natural, formed or man‑made land or slope which abuts or is in close proximity to any building is in such a condition as to be dangerous or likely to be dangerous to the building, the Commissioner of Building Control may, for the purpose of obviating any danger, order the owner of the land or slope to do all or any of the following: ( a ) to appoint an appropriate qualified person to carry out (at the owner’s cost) any investigation in relation to the land or slope that the Commissioner of Building Control may specify; ( b ) to submit to the Commissioner of Building Control the findings of the investigation by the qualified person under paragraph ( a ); ( c ) to execute or cause to be executed (at the owner’s cost) any building works or other works that the Commissioner of Building Control may specify to obviate the danger. [22/2012] (2) The Commissioner of Building Control may, in lieu of or in addition to any order under subsection (1), make a closure order in relation to either or both of the following: ( a ) the building that is endangered by the land or slope; ( b ) the land or slope. [22/2012] (3) Before exercising any of his or her powers under subsection (2), the Commissioner of Building Control must, if it is reasonably practicable to do so, give notice of his or her intention to make the closure order. [22/2012] (4) Any person to whom a closure order under subsection (2) is given must, while the order is in force, display a copy of the order in a way that it can be easily read by people — ( a ) at every entrance to any building to which the order relates; and ( b ) on any hoarding, fence, cordon, barricade or other physical barrier to entry upon any land or slope to which the order relates. [22/2012] (5) If the person to whom an order in subsection (1) is given fails to comply with the order within the time specified, the Commissioner of Building Control may — ( a ) execute the order in any manner that he or she thinks fit; and ( b ) recover in a court of competent jurisdiction as a debt due to him or her all expenses reasonably incurred by him or her in doing so from the person in default. [22/2012] (6) Without affecting the right of the Commissioner of Building Control to exercise his or her powers under subsection (5), any person who, without reasonable excuse, fails to comply with any order in subsection (1) that the person is given shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in respect of a continuing failure to comply, to an additional fine not exceeding $2,500 for each day or part of a day the person fails to comply with the order, and if the failure to comply continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $5,000 for each day or part of a day the person fails to comply with the order after conviction. [22/2012]


document_id: bca-1989
provision_ref: s25
chapter: PART 4 - DANGEROUS BUILDINGS AND OCCURRENCES
section: 25
title: Closure orders
content:
25. —(1) Where the Commissioner of Building Control makes any closure order, the order must be served on the owner and every occupier of the building or the land or slope, as the case may be. [47/2007; 22/2012] (2) A closure order in respect of a building may require the owner or occupier of the building to which the order relates to cease to inhabit the building and to remove all goods, furniture and effects from the building before the order comes into force. [22/2012] (2A) A closure order in respect of land or a slope may do one or more of the following: ( a ) require the owner or occupier of the land or slope to which the order relates to secure the area within or around the land or slope to prevent access into the area; ( b ) specify the means by which the area is to be secured, including the installation of any hoarding, fence, cordon, barricade or other physical barrier to entry; ( c ) require the installation of safety features within or around the land or slope, including adequate lighting and warning signs or lights. [22/2012] (3) Except with the written permission of the Commissioner of Building Control, a person, other than a public officer in the course of his or her duty, must not — ( a ) enter or be in a building at any time while a closure order is in force in respect of the building; or ( b ) enter or be on any land or slope at any time while a closure order is in force in respect of the land or slope. [22/2012] (3A) Any person who contravenes or fails to comply with subsection (3) 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 12 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. [47/2007] (4) Where the Commissioner of Building Control thinks fit, he or she may, subject to such conditions as he or she may impose, by written notice permit any person to enter and be in a building or on any land or slope while a closure order is in force in respect of the building or land or slope, as the case may be. [22/2012] (5) Any permission granted under subsection (4) may be cancelled by the Commissioner of Building Control at any time and for any reason. (6) Where a closure order is in force in respect of a building or any land or slope — ( a ) any police officer may, with such force or assistance as may be necessary, remove any person who is in the building or on the land or slope in contravention of subsection (3); ( b ) the Commissioner of Building Control may seal or cause to be sealed, all or any of the entrances to or exits from the building or the means of access to or egress from the land or slope, as the case may be; and ( c ) the Commissioner of Building Control or any police officer may remove all goods, furniture and effects from the building. [22/2012] (7) A closure order remains in force in respect of a building until the Commissioner of Building Control has served a notice of expiry of the 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. (7A) A closure order remains in force in respect of any land or slope until the Commissioner of Building Control has served a notice of expiry of the order on the owner of the land or slope. [22/2012] (8) Every notice of expiry of a closure order must specify the building or the land or slope to which it relates and the date upon which the order expires. [22/2012]


document_id: bca-1989
provision_ref: s25A
chapter: PART 4 - DANGEROUS BUILDINGS AND OCCURRENCES
section: 25A
title: Investigations into dangerous occurrences
content:
25A. —(1) Where the Commissioner of Building Control becomes aware of any dangerous occurrence in any premises at which building works are carried out or in any other premises, the Commissioner of Building Control may direct any person authorised on his or her behalf to investigate the circumstances of the dangerous occurrence. [47/2007] (2) A person must not, without the prior consent of the Commissioner of Building Control — ( a ) alter, replace, remove or add to any building element, machinery, equipment, plant or article at any premises in respect of which the Commissioner of Building Control has made any direction under subsection (1); or ( b ) modify any premises in respect of which the Commissioner of Building Control has made any direction under subsection (1). [47/2007] (3) Any person who contravenes subsection (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 12 months or to both. [47/2007] (4) Nothing in subsection (2) operates to interfere with rescue work or work necessary for the general safety of life and property. [47/2007] (5) In this section, “dangerous occurrence” means — ( a ) the collapse or structural failure of any building (completed or otherwise); ( b ) any structural distress that is likely to lead to the instability of any building (completed or otherwise); or ( c ) the instability or failure of any land or slope which abuts or is in close proximity to a building, whether or not the collapse, structural failure or structural distress of the building or the instability or failure of the land or slope results in any death, bodily injury or injury to health. [47/2007; 22/2012] Division 2 &#x2014; Reporting of safety incidents and safety risks


document_id: bca-1989
provision_ref: s25B
chapter: PART 4 - DANGEROUS BUILDINGS AND OCCURRENCES
section: 25B
title: Duty to notify reportable matters
content:
25B. —(1) A person mentioned in subsection (2) must notify the Commissioner of Building Control, within the time and by the means prescribed in the building regulations, of — ( a ) that reportable matter; and ( b ) the prescribed particulars about the reportable matter that are known to the person. (2) The persons required by subsection (1) to notify any reportable matter are as follows: ( a ) where the reportable matter is a reportable safety incident involving an exterior feature of a building — (i) a person responsible for the exterior feature who is aware of the reportable safety incident; (ii) a person who is authorised to carry out any retrofitting of that exterior feature for the purposes of Part 3 * and who becomes aware of the reportable safety incident while performing the retrofitting; (iii) a builder or supervisor (including a consultant) of building works related to the building who becomes aware of the reportable safety incident while carrying out or supervising the building works; or (iv) a person appointed to carry out an inspection of the building for the purpose of Part 5 * who becomes aware of the reportable safety incident while carrying out the inspection; ( b ) where the reportable matter is a reportable safety incident involving a fixed installation — (i) a fixed installation owner of that fixed installation who is aware of the reportable safety incident; or (ii) a person who last carried out maintenance works on the fixed installation (whether before, on or after the date of commencement of section 21 of the Building Control (Amendment) Act 2020) before the happening of the reportable safety incident, and who becomes aware of the reportable safety incident; ( c ) where the reportable matter is a reportable safety risk involving a building product used in a building — (i) a person who manufactures or assembles the building product in Singapore; (ii) a person who imports the building product for sale or use in a building in Singapore; (iii) a builder or supervisor (including a consultant) of building works using the building product for that building, who becomes aware of the reportable safety risk while carrying out or supervising those building works; (iv) a person appointed to carry out an inspection of the building for the purpose of Part 5 * who becomes aware while carrying out the inspection that the building product has been used in the building; (v) a person who carries out maintenance works on the building product (on or after the date of commencement of section 21 of the Building Control (Amendment) Act 2020) who becomes aware of the reportable safety risk while carrying out those works; (vi) if the building affected by the building product is a fixed installation, any of the following: (A) a fixed installation owner of the fixed installation; (B) a person who carries out fixed installation works or maintenance works on the fixed installation (on or after the date of commencement of section 21 of the Building Control (Amendment) Act 2020) who becomes aware of the reportable safety risk posed while carrying out those works; (C) a person appointed to carry out an inspection of the fixed installation required by the building regulations, who becomes aware of the reportable safety risk posed while carrying out the inspection; or (vii) an owner or occupier of the building who is aware that the building product has been used in the building and of the reportable safety risk posed. (3) For the purposes of subsection (2)( c ), it does not matter that the building product was used in a building before the building product became the subject of a reportable safety risk. (4) However, subsection (1) does not apply if a person required to notify a reportable matter under that subsection knows that another person similarly required has, or other such persons have, already notified that reportable matter to the Commissioner of Building Control with all the particulars required by that subsection. [Act 12 of 2020 wef 01/10/2025] [*Updated to be consistent with the 2020 Revised Edition]


document_id: bca-1989
provision_ref: s25C
chapter: PART 4 - DANGEROUS BUILDINGS AND OCCURRENCES
section: 25C
title: Offence of failing to notify reportable matters
content:
25C. —(1) A person mentioned in section 25B(2) who is required under section 25B(1) to notify a reportable matter commits an offence if the person, without reasonable excuse, fails to comply with section 25B(1). (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. (3) A person is not excused from giving any information required by section 25B(1) on the ground that the disclosure of the information might tend to incriminate the person or expose the person to a penalty. (4) Where a person claims, before giving any information that the person is required by section 25B(1) to give, that the disclosure of the information might tend to incriminate the person — ( a ) that information; ( b ) the giving of the information; and ( c ) any information, document or thing obtained as a direct or indirect consequence of the giving of the information, is not admissible in evidence against the person in any criminal proceedings other than proceedings for an offence under section 43A. [Act 12 of 2020 wef 01/10/2025]


document_id: bca-1989
provision_ref: s25D
chapter: PART 4A - MAINTENANCE OF BUILDINGS
section: 25D
title: Application of this Part
content:
25D. This Part applies only to — ( a ) any building (subdivided or otherwise), and any common property or limited common property (which may include fixed installations) that are a building; and ( b ) all exterior features on any building, except — (i) exterior features on any detached house, semi‑detached house, terrace house or linked house, none of which are comprised in any strata title plan; and (ii) exterior features located on the lowest level of any building. [Act 12 of 2020 wef 01/10/2025]


document_id: bca-1989
provision_ref: s25E
chapter: PART 4A - MAINTENANCE OF BUILDINGS
section: 25E
title: Notices to maintain
content:
25E. —(1) The Commissioner of Building Control may issue a notice (called in this Act a notice to maintain) in respect of any building, any exterior feature of a building (whether or not common property or limited common property) or any common property or limited common property (whether or not a fixed installation) where, in the opinion of the Commissioner of Building Control — ( a ) the building or the common property or limited common property has not been kept or maintained in a state of good and serviceable repair or in a proper and clean condition; or ( b ) in the case of an exterior feature of a building, the exterior feature has not been kept or maintained in such manner as to be securely fixed to the building and as will prevent any collapse (wholly or partly) of the exterior feature or its support. (2) A notice to maintain may require a person mentioned in subsection (4) who is served the notice to do all or any of the following: ( a ) to suspend the operation or use of the building, exterior feature of a building or the common property or limited common property (as the case may be) by any occupier or other person until after the Commissioner of Building Control otherwise approves; ( b ) to appoint an appropriate person to carry out (at the person’s cost) an inspection described in the notice, of the building, exterior feature of a building, or the common property or limited common property (as the case may be) and make recommendations on any measures or other building works reasonably necessary — (i) to ensure the proper maintenance in a state of good and serviceable repair or in a proper and clean condition of the building, or common property or limited common property; or (ii) to prevent the occurrence or potential occurrence of collapse (wholly or partly) of the exterior feature or its support; ( c ) to repair or carry out work on or alter the building, exterior feature of a building, or the common property or limited common property (as the case may be) in the manner specified in the notice. (3) A notice to maintain must specify — ( a ) the time within which anything required to be done in subsection (2) must be completed; and ( b ) that anything required to be done in subsection (2) must be carried out with due diligence to the satisfaction of the Commissioner of Building Control. (4) A notice to maintain may be served on any of the following persons: ( a ) where the notice to maintain is made in respect of an exterior feature (whether or not common property or limited common property) — (i) on the person responsible for the exterior feature; or (ii) on every occupier of the building on which the exterior feature is installed or forms part of, if the person in sub‑paragraph (i) cannot be found by reasonable inquiry; ( b ) for a notice to maintain made in respect of a fixed installation (whether or not common property or limited common property) — (i) on the fixed installation owner for that fixed installation; or (ii) on the occupier of the building connected with that fixed installation if the person in sub‑paragraph (i) cannot be found by reasonable inquiry; ( c ) for a notice to maintain made in respect of a building that comprises 2 or more flats but is not subdivided, and where there are subsisting leases for those flats registered under the Registration of Deeds Act 1988 * or the Land Titles Act 1993 * — (i) on the registered lessee or registered proprietor (as the case may be) of every such flat; or (ii) on the occupier of the flat if the persons in sub‑paragraph (i) cannot be found by reasonable inquiry; ( d ) for a notice to maintain made in respect of common property or limited common property (but not exterior features and fixed installations) erected on land comprised in a strata title plan — (i) on the management corporation having control of the common property, or the person receiving any rent or charge for the maintenance and management of that common property; (ii) the subsidiary management corporation having control of the limited common property, or the person receiving any rent or charge for the maintenance and management of that limited common property; or (iii) on the persons on whose behalf the common property is managed or on whose exclusive benefit the limited common property is designated, if the persons in sub‑paragraph (i) or (ii) cannot be found by reasonable inquiry; ( e ) for a notice to maintain made in respect of common property (but not exterior features and fixed installations) on land not comprised in a strata title plan — (i) on the person receiving any rent or charge for the maintenance of that common property, who may be every person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 * as owner of that common property; or (ii) on the persons on whose behalf the common property is managed if the person in sub‑paragraph (i) cannot be found by reasonable inquiry; ( f ) where the notice to maintain is made in respect of any other building (but not exterior features and fixed installations) — (i) on the owner of the building; or (ii) on every occupier of that building if the person in sub‑paragraph (i) cannot be found by reasonable inquiry. [*Updated to be consistent with the 2020 Revised Edition] (5) Subject to subsection (6), a person on whom a notice to maintain is served under subsection (4) must take, so far as is reasonably practicable and at the person’s cost, such steps as are necessary to comply with the notice to maintain served. (6) Where an exterior feature or a fixed installation is installed on or forms part of a common boundary — ( a ) between 2 or more buildings; ( b ) between 2 or more common properties; or ( c ) between a common property and a limited common property, and a notice to maintain is served under subsection (4) on the owners of the respective buildings or common properties, or of the common property and limited common property (as the case may be), each of the owners is jointly and severally responsible — ( d ) to take such steps as are necessary to comply with the notice to maintain served on the owner; and ( e ) to bear all costs incurred to comply with the notice. (7) Without limiting section 25G, a person who is required by subsection (5) or (6) to comply with a notice to maintain commits an offence if the person, without reasonable excuse, fails to comply with the notice. (8) A person who is guilty of an offence under subsection (7) shall be liable on conviction — ( a ) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in the case of a continuing failure to comply, to a further fine not exceeding $250 for every day or part of a day during which the failure to comply continues after conviction. [Act 12 of 2020 wef 01/10/2025]


document_id: bca-1989
provision_ref: s25F
chapter: PART 4A - MAINTENANCE OF BUILDINGS
section: 25F
title: Appeal against notice to maintain
content:
25F. —(1) A person on whom a notice to maintain is served under section 25E(4) may, not later than the 21st day after the date the notice is served, appeal in the prescribed manner to the Minister against the notice. (2) Despite an appeal being lodged under subsection (1), the notice to maintain being appealed against has effect and must be complied with unless the Minister orders otherwise. (3) The Minister may determine an appeal under this section by confirming, varying or cancelling the notice to maintain. (4) The Minister’s decision on any appeal under this section is final. [Act 12 of 2020 wef 01/10/2025]


document_id: bca-1989
provision_ref: s25G
chapter: PART 4A - MAINTENANCE OF BUILDINGS
section: 25G
title: Recovery of Commissioner’s expenses, etc.
content:
25G. —(1) Where a person who is required by section 25E(5) or (6) to comply with a notice to maintain fails to do so, the Commissioner of Building Control may do all or any of the following: ( a ) direct the person to deposit (within such period as the Commissioner of Building Control may specify, being at least 7 days after the direction is served) such amount with the Commissioner of Building Control as the Commissioner of Building Control considers necessary for the purpose of paragraph ( b ); ( b ) carry out, or cause to be carried out, all or any of the repairs, work or alteration specified in the notice to maintain. (2) All expenses reasonably incurred by the Commissioner of Building Control in relation to the execution of any repairs, work or alteration under subsection (1)( b ) in respect of a building, any exterior feature of a building (whether or not common property or limited common property) or any common property or limited common property (whether or not a fixed installation) — ( a ) are recoverable from the person in default starting the date on which those repairs, work or alteration are completed; and ( b ) without affecting any other rights of the Building and Construction Authority, shall be a first charge on that building, despite any change in the ownership or occupation of the building or common property (as the case may be) after that date, when in arrears. (3) The Commissioner of Building Control — ( a ) may certify the expenses due under this section and the names of the persons liable for the expenses; and ( b ) may apportion the expenses among the persons named in the certificate. (4) Subject to subsection (5), a copy of the certificate mentioned in subsection (3) must be served on every person named in the certificate. (5) Where any person named in the certificate mentioned in subsection (3) cannot be found by reasonable inquiry, the certificate is deemed to have been duly served on that person if — ( a ) a copy of the certificate is posted at the office of the Commissioner of Building Control; and ( b ) another copy of the certificate is affixed to a conspicuous part of the building in respect of which the expenses had been incurred. (6) Interest at the rate of 9% per annum from the expiry of one month after the date of service of a certificate under subsection (4) is recoverable as part of the expenses incurred by the Commissioner of Building Control. (7) If any sum or any part of the sum due to the Commissioner of Building Control under this section remains unpaid at the end of one month starting from the date the certificate under subsection (4) is served, or such further period as the Commissioner of Building Control may allow, it is deemed to be arrears. (8) A certificate purporting to be made under subsection (3) by the Commissioner of Building Control is prima facie evidence of the facts certified in the certificate and that the Commissioner of Building Control had made the certificate. (9) The Commissioner of Building Control must refund the deposit or any part of the deposit, after deducting any costs and expenses reasonably incurred by the Commissioner of Building Control, if the repairs, work or alteration required to be executed by the notice to maintain have been executed to the satisfaction of the Commissioner of Building Control. [Act 12 of 2020 wef 01/10/2025]


document_id: bca-1989
provision_ref: s25H
chapter: PART 4A - MAINTENANCE OF BUILDINGS
section: 25H
title: Unsafe exterior feature
content:
25H. —(1) A person responsible for an exterior feature of a building who, without reasonable excuse, fails to keep or maintain the exterior feature in such manner as to be securely fixed to the building and as will prevent any collapse (wholly or partly) of the exterior feature or its support 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 12 months or to both. (2) In any proceedings for an offence under subsection (1), it is presumed, in the absence of proof to the contrary, that the person responsible for an exterior feature of a building has failed to keep or maintain the exterior feature in such manner as to ensure that it is securely fixed to the building and as will prevent any collapse (wholly or partly) of the exterior feature or its support, if it is proved that — ( a ) the exterior feature or part of the exterior feature has collapsed or fallen; and ( b ) there is damage to, deterioration or other disrepair of the exterior feature or its support that is not caused by accident or acts of nature, including but not limited to fire, explosion, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood, earthquake or landslide. (3) It is a defence for a person charged with an offence under subsection (1) to prove to the satisfaction of the court that there is a defect in the whole or any part of the exterior feature or its support that is caused by materials or work supplied by any person other than the person responsible for the exterior feature. (4) Without limiting subsection (3), a person responsible for an exterior feature shall not be guilty of an offence under subsection (1) if the person responsible — ( a ) provides, not later than the 7th day after a notice alleging that the person responsible is guilty of an offence under subsection (1) is served on the person responsible, by statutory declaration to the Commissioner of Building Control, the name of the contractor, managing agent or other person appointed by the person responsible to manage and maintain the exterior feature at all relevant times relating to the offence concerned; and ( b ) satisfies the court that the person responsible relied, in good faith and after making proper inquiry (if the circumstances indicated the need for inquiry of the advice or services), on professional or expert advice or other services given or rendered by the contractor, managing agent or other person in relation to the exterior feature concerned. (5) In any proceedings against a person named in a statutory declaration made under subsection (4) in respect of an offence under subsection (1), the statutory declaration is prima facie evidence that the person concerned had charge and control of the management and maintenance of the exterior feature at all relevant times relating to the offence. (6) In subsection (4), “managing agent” means a managing agent appointed under the Building (Strata Management) Act 2004 * . [Act 12 of 2020 wef 01/10/2025] [*Updated to be consistent with the 2020 Revised Edition]


document_id: bca-1989
provision_ref: s26
chapter: PART 5 - INSPECTION OF BUILDINGS
section: 26
title: Interpretation of this Part
content:
26. —(1) In this Part — “competent person”, in relation to a fa&#231;ade inspection, means a qualified person who satisfies such requirements as may be prescribed for the purposes of this Part; [Act 12 of 2020 wef 01/01/2022] “fa&#231;ade”, in relation to a building, means — ( a ) the exterior of the building; ( b ) any exterior feature attached to the building, including any bracket or similar installation attaching the exterior feature to the building; and ( c ) any other part of the building as may be prescribed; [Act 12 of 2020 wef 01/01/2022] “fa&#231;ade inspection” means an inspection mentioned in section 28(1)( b ); [Act 12 of 2020 wef 01/01/2022] “fa&#231;ade inspector”, in relation to a fa&#231;ade inspection, means an individual who — ( a ) is appointed to assist a competent person in carrying out a fa&#231;ade inspection, or to carry out a fa&#231;ade inspection under the direct supervision and control of a competent person; ( b ) has the prescribed qualifications and experience; and ( c ) is accredited with the Building and Construction Authority or a prescribed organisation; [Act 12 of 2020 wef 01/01/2022] “inspect” includes examine and test, with or without the aid of equipment; [Act 12 of 2020 wef 01/01/2022] “owner” — ( a ) in relation to a subdivided building comprised in a strata title plan, means — (i) the management corporation having control of the common property of the building, or the person receiving any rent or charge for the maintenance and management of that common property; and (ii) in relation to any limited common property of the building, the subsidiary management corporation established under the Building (Strata Management) Act 2004 having control of the limited common property, or the person receiving any rent or charge for the maintenance and management of that limited common property; [Act 12 of 2020 wef 01/01/2022] ( b ) in relation to any subdivided building which is not comprised in a strata title plan, means — (i) in relation to the common property of residential and commercial property in any housing estate of the Housing and Development Board, that Board; and (ii) in relation to the common property of any other subdivided building, every person who is a registered proprietor in the land‑register under the Land Titles Act 1993 of the fee simple, estate in perpetuity or leasehold estate of a lot in that building, or the person receiving any rent or charge for the maintenance and management of the common property of the building; [Act 12 of 2020 wef 01/01/2022] ( c ) in relation to any premises which are not subdivided, means any person who is the registered proprietor of the fee simple, estate in perpetuity or leasehold estate of those premises in the land‑register under the Land Titles Act 1993; and ( d ) where paragraphs ( a ), ( b ) and ( c ) do not apply, 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 and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as the owner of the premises or building, or a mortgagee in possession; “special building” means any building of which not less than 90% of its floor area is used solely for residential purposes, and in this definition, “floor area” means the total area of floor space within the building measured between party walls including the thickness of external walls; “structural engineer” means a person who is registered under the Professional Engineers Act 1991 in the civil or structural engineering discipline and who has in force a practising certificate issued under that Act authorising him or her to engage in civil or structural engineering work; [Act 12 of 2020 wef 01/01/2022] “structural inspection” means an inspection mentioned in section 28(1)( a ). [34/2004; 47/2004; 22/2012; 4/2021] [Act 12 of 2020 wef 01/01/2022] (1A) Despite subsection (1), in relation to the common property of any residential or commercial property (within the meaning of the Town Councils Act 1988 * ) in a public housing estate of the Housing and Development Board, a reference to the owner of a building in this Part for the purposes of any fa&#231;ade inspection of the fa&#231;ade of a building which is such common property, is a reference to — ( a ) the Town Council of the Town within which the public housing estate is comprised; or ( b ) in any other case, the Board. [Act 12 of 2020 wef 01/01/2022] [*Updated to be consistent with the 2020 Revised Edition] (2) For the purposes of this Part, a building which is physically connected with another building — ( a ) must although so connected, be treated as a separate building if it is so constructed as to be capable of remaining in position and being used independently of the other building or as to require only minor modification as to render it so capable; and ( b ) must not be treated as other than a separate building merely because it is so connected with the other building at or below ground level or by means of a bridge or similar structure (whether affording access or accommodation to both).


document_id: bca-1989
provision_ref: s27
chapter: PART 5 - INSPECTION OF BUILDINGS
section: 27
title: Application of this Part
content:
27. —(1) Subject to subsection (2), this Part applies to buildings other than — ( a ) detached houses, semi-detached houses, terraced or linked houses which are used solely by the owners or occupiers thereof solely as their residence; and ( b ) temporary buildings. [Act 12 of 2020 wef 01/01/2022] (2) The requirements of this Part for the inspection of a building to ensure its structural stability or integrity apply to and in relation to fixed installations (whether or not associated with another building) as if the fixed installation is a building, with the prescribed exceptions, modifications and adaptations in the building regulations as the differences between a fixed installation and a building require. [Act 12 of 2020 wef 01/01/2022] (3) However, the requirements under this Part for the inspection of the fa&#231;ade of any building do not apply to — ( a ) a building mentioned in subsection (1); and ( b ) a building the highest point of which (whether or not a roof) is 13 metres or lower when measured from the ground. [Act 12 of 2020 wef 01/01/2022] (4) For the purposes of this Part, the age of a building in respect of which a temporary occupation permit or certificate of statutory completion is granted is counted — ( a ) from the date the last temporary occupation permit was granted in respect of the whole building; or ( b ) where no such temporary occupation permit was granted, the date the last certificate of statutory completion was issued for the whole building. [Act 12 of 2020 wef 01/01/2022]


document_id: bca-1989
provision_ref: s28
chapter: PART 5 - INSPECTION OF BUILDINGS
section: 28
title: Periodic inspection of buildings and building fa&#231;ades
content:
28. —(1) Subject to subsections (2), (2A) and (2B), the Commissioner of Building Control may, by written notice, require either or both of the following inspections to be carried out in accordance with this section: ( a ) an inspection of a building to ensure its structural stability or integrity; ( b ) an inspection of the fa&#231;ade of a building to identify — (i) any part of the fa&#231;ade that may be subject to excessive erosion, corrosion, wear, fatigue, stress or strain; or (ii) any other situation or circumstance, that may give rise to a probability of the occurrence or potential occurrence of the collapse (wholly or partly) of the fa&#231;ade and death or injury to individuals, or damage to other property, within or outside the building. [Act 12 of 2020 wef 01/01/2022] (2) A notice under subsection (1) may be given — ( a ) where the building (other than a special building) is used other than solely for residential purposes — after the 5th year commencing from the date the first temporary occupation permit or first certificate of statutory completion was issued in respect of the building, whichever was issued earlier, and thereafter at intervals of not less than 5 years from the date of the last notice under this section; or ( b ) where the building is a special building or is used solely for residential purposes — after the 10th year commencing from the date the first temporary occupation permit or first certificate of statutory completion was issued in respect of the building, whichever was issued earlier, and thereafter at intervals of not less than 10 years from the date of the last notice under this section. [34/2004] [Act 12 of 2020 wef 01/01/2022] (2A) Subject to subsection (2B), where a notice requiring a structural inspection under subsection (1) is made in relation to a building in respect of which no temporary occupation permit or certificate of statutory completion has been issued, the notice may be given at any time that the Commissioner of Building Control considers appropriate, and thereafter — ( a ) at intervals of not less than 5 years from the date of the last notice under this section for a building (other than a special building) used other than solely for residential purposes; or ( b ) at intervals of not less than 10 years from the date of the last notice under this section for a building which is a special building or used solely for residential purposes. [22/2012] [Act 12 of 2020 wef 01/01/2022] (2B) A notice under subsection (1) requiring a fa&#231;ade inspection to be carried out may be given — ( a ) if the building is more than 20 years of age on the relevant date — at any time after that date; ( b ) if the building first attains more than 20 years of age at any time after the relevant date — at any time after the building first attains more than 20 years of age; ( c ) for a building in respect of which no temporary occupation permit or certificate of statutory completion has been issued for the whole building — at any time after the relevant date; or ( d ) at any time during the 7th or later year after the year during which the last notice requiring a fa&#231;ade inspection to be carried out was given. [Act 12 of 2020 wef 01/01/2022] (2C) A notice under subsection (1) must — ( a ) be given to the owner of the building, or the building the fa&#231;ade of which is (as the case may be) required to be inspected under the notice; and ( b ) specify the building or the fa&#231;ade of the building (as the case may be) which is required to be inspected, and the period within which the inspection must be completed. [Act 12 of 2020 wef 01/01/2022] (3) Where a notice is given under subsection (1), the owner mentioned in subsection (2C)( a ) — ( a ) must appoint — (i) for the purpose of a structural inspection, a structural engineer; or (ii) for the purpose of a fa&#231;ade inspection, a competent person, to carry out the inspection in accordance with subsection (6)( a ); and ( b ) must submit to the Commissioner of Building Control, within the period specified in the notice under subsection (2C)( b ), a copy of the report of the inspection by the structural engineer or competent person (as the case may be) prepared under subsection (6)( b ). [Act 12 of 2020 wef 01/01/2022] (4) Where a building comprising 2 or more flats is not subdivided and there are subsisting leases for those flats registered under the Registration of Deeds Act 1988 or the Land Titles Act 1993, the owners of those flats must, on receipt of a notice under subsection (1), jointly appoint a structural engineer to carry out a structural inspection, or a competent person to carry out a fa&#231;ade inspection (as the case may be) within the time specified in the notice and in the prescribed manner. [Act 12 of 2020 wef 01/01/2022] (5) Each of the following persons has a right of access at any reasonable time in the day to any part of the building in order for that person to carry out an inspection under this section: ( a ) a structural engineer who is appointed to carry out a structural inspection; ( b ) a competent person who is appointed to carry out a fa&#231;ade inspection and any fa&#231;ade inspector assisting the competent person in carrying out the fa&#231;ade inspection. [Act 12 of 2020 wef 01/01/2022] (5A) A person who hinders, obstructs or delays a structural engineer, competent person or fa&#231;ade inspector in the performance of that person’s duty under subsection (5) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $5,000; and ( b ) in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. [Act 12 of 2020 wef 01/01/2022] (6) A structural engineer appointed to carry out a structural inspection, or a competent person appointed to carry out a fa&#231;ade inspection (as the case may be), must — ( a ) carry out the structural inspection or fa&#231;ade inspection (as the case may be) in the prescribed manner; ( b ) prepare, in such form as the Commissioner of Building Control may specify, a report on the results of the inspection mentioned in paragraph ( a ) and the assessment of the condition of the building or fa&#231;ade, as the case may be; ( c ) give a copy of the report mentioned in paragraph ( b ) to the owner of the building mentioned in subsection (2C)( a ) without delay, and in any case, to enable the owner to comply with subsection (3)( b ); and ( d ) comply with any written directions by the Commissioner of Building Control in respect of the report mentioned in paragraph ( b ). [Act 12 of 2020 wef 01/01/2022] (6A) Without limiting subsection (6)( d ), the Commissioner of Building Control may direct the structural engineer or competent person (as the case may be) to — ( a ) carry out, within the period specified in the direction, such further steps as the Commissioner of Building Control considers necessary to ensure that the structural inspection or fa&#231;ade inspection (as the case may be), and the assessment of the condition of the building or fa&#231;ade (as the case may be), is complete; and ( b ) supplement the report mentioned in subsection (6)( b ) to include the results of the further steps mentioned in paragraph ( a ), and such further information or documents as the Commissioner of Building Control may require to clarify those results. [Act 12 of 2020 wef 01/01/2022] (7) Where a report mentioned in subsection (6)( b ) also contains a recommendation on any measures or other building works necessary — ( a ) to ensure the structural stability or integrity of the building; or ( b ) to prevent the occurrence or potential occurrence of collapse (wholly or partly) of the fa&#231;ade of the building, the owner of the building must carry out, or cause to be carried out, such of the measures or building works within such period, and subject to such conditions, as the Commissioner of Building Control may specify. [Act 12 of 2020 wef 01/01/2022] (8) 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 $20,000. [47/2007] (9) Any owner of a building who, without reasonable excuse, fails to comply with subsection (3), (4) or (7) 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 12 months or to both, and in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues, and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. [47/2007] [Act 12 of 2020 wef 01/01/2022] (10) A person who fails to comply with subsection (6) or (6A) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000. [Act 12 of 2020 wef 01/01/2022] (11) 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 repealed Act. (12) In this section, “relevant date” means the date of commencement of section 25 of the Building Control (Amendment) Act 2020. [Act 12 of 2020 wef 01/01/2022]


document_id: bca-1989
provision_ref: s29
chapter: PART 5 - INSPECTION OF BUILDINGS
section: 29
title: Independence of structural engineers and competent persons
content:
29. —(1) A structural engineer must not be appointed by the Commissioner of Building Control or owner of a building for the purpose of carrying out a structural inspection if the structural engineer has any professional or financial interest in the building. [Act 12 of 2020 wef 01/01/2022] (1A) A competent person must not be appointed by an owner of a building the fa&#231;ade of which is required to be inspected, for the purpose of carrying out a fa&#231;ade inspection if the competent person has any professional or financial interest in the building or its fa&#231;ade. [Act 12 of 2020 wef 01/01/2022] (2) A structural engineer or competent person is to be regarded as having a professional or financial interest in any building if — ( a ) he or she is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which — (i) do not affect any key structural element; or (ii) affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element; ( b ) he or she or any nominee of his or hers is a member, officer or employee of a company or other body which has a professional or financial interest in the building or any part thereof; ( c ) he or she is a partner or is in the employment of a person who has a professional or financial interest in the building or any part thereof; or ( d ) he or she holds any interest in the building or any part thereof. [Act 12 of 2020 wef 01/01/2022] (2A) A competent person has a professional or financial interest in the fa&#231;ade of a building if the competent person is or has been responsible for the design or construction of the fa&#231;ade of the building. [Act 12 of 2020 wef 01/01/2022] (3) For the purposes of this section — ( a ) a person is to be treated as having a professional or financial interest in the building even if he or she 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 is, if known to the other, deemed to be also an interest of the other. (4) For the purposes of this section — ( a ) involvement in any structural inspection or fa&#231;ade inspection; and [Act 12 of 2020 wef 01/01/2022] ( b ) entitlement to any fee paid for carrying out any structural inspection or fa&#231;ade inspection, is not to be regarded as constituting a professional or financial interest. [Act 12 of 2020 wef 01/01/2022] (5) The Minister may, by notification in the Gazette , exempt from subsection (1) any building owned by any public authority constituted by any public Act. [22/2012] [Act 12 of 2020 wef 01/01/2022]


document_id: bca-1989
provision_ref: s29A
chapter: PART 5A - LICENSING OF BUILDERS
section: 29A
title: Interpretation of this Part
content:
29A. —(1) In this Part, unless the context otherwise requires — [ Deleted by Act 12 of 2020 wef 15/06/2024 ] “building works” does not include — ( a ) any building works in respect of or for the occupation of a temporary building; ( b ) any insignificant building works; ( c ) any fixed installation works; or ( d ) any building works that are in respect of a building which is exempted under section 30 from this Part; [Act 12 of 2020 wef 15/06/2024] [ Deleted by Act 12 of 2020 wef 15/06/2024 ] “corporation” excludes a limited liability partnership; “licensee” means a licensed general builder or a licensed specialist builder; [Act 12 of 2020 wef 15/06/2024] “minor specialist building works” means any of the following specialist building works: ( a ) any specialist building works associated with minor building works; ( b ) any structural steelwork which comprises fabrication or erection work for structures with a cantilever length of not more than 6 metres, a clear span of not more than 15 metres and a plan area not exceeding 150 square metres; ( c ) any pre-cast concrete work comprising casting of pre-cast reinforced concrete slabs or planks on site; ( d ) any other specialist building works declared by the Minister by notification in the Gazette to be minor specialist building works; [Act 12 of 2020 wef 15/06/2024] “partnership” includes a limited liability partnership; “prescribed” means prescribed in the regulations made under section 29L. [47/2007; 30/2008] (2) For the purposes of this Part — ( a ) a person carries on the business of a general builder if the person carries out or undertakes to carry out (whether exclusively or in conjunction with any other business) general building works for or on behalf of another person for a fixed sum, percentage, or valuable consideration, or reward other than wages; [Act 12 of 2020 wef 15/06/2024] ( b ) a person carries on the business of a specialist builder if the person carries out or undertakes to carry out (whether exclusively or in conjunction with any other business) any specialist building works for or on behalf of another person for a fixed sum, percentage, or valuable consideration, or reward other than wages; ( c ) a person carries out general building works or specialist building works whether that person carries it out personally, or directly or indirectly causes it to be carried out; and ( d ) a person is deemed to carry on the business of a general builder or specialist builder if the person carries out general building works or specialist building works (as the case may be) on or in respect of a building for himself, herself or itself. [47/2007; 22/2012] (2A) However, for the purposes of this Part a person ( A ) is not regarded — ( a ) as carrying on the business of a general builder if A is always doing so as a sub-contractor of another person with respect to all or any part of the general building works that is to be carried out by the other person under another contract; and ( b ) as carrying on the business of a specialist builder if A is always doing so as a sub-contractor of another person who carries on the business of a specialist builder, by entering into a contract with respect to all or part of the same type of specialist building works that is to be carried out by the other person under another contract. [Act 12 of 2020 wef 15/06/2024] (3) To avoid doubt, nothing in this Part prohibits or prevents — ( a ) [ Deleted by Act 12 of 2020 wef 15/06/2024 ] ( b ) any site supervisor or team of site supervisors appointed under section 10 from carrying on any activity solely for the purpose of that section; or ( c ) a qualified person, or any person under the direction or supervision of such a qualified person, from carrying on any activity within the practice of architecture or professional engineering which the qualified person is authorised to carry on under any written law other than this Act. [47/2007]


document_id: bca-1989
provision_ref: s29B
chapter: PART 5A - LICENSING OF BUILDERS
section: 29B
title: Prohibition against unlicensed builders
content:
29B. —(1) Subject to the provisions of this Act, a person must not — ( a ) advertise or hold himself, herself or itself out or conduct himself, herself or itself in any way or by any means as a person who is authorised to carry on the business of a general builder or a specialist builder in Singapore; or ( b ) assume, take or use (either alone or in combination with any other word, letter or device) the name or title of “licensed general builder” or “licensed specialist builder” (as the case may be), or any name, title or description calculated to lead others to believe the person is so licensed, or by words or conduct hold himself, herself or itself out as being so licensed, unless the person is granted a general builder’s licence or a specialist builder’s licence, respectively. [47/2007] [Act 12 of 2020 wef 15/06/2024] (2) Subject to the provisions of this Act, a person must not — ( a ) carry on the business of a general builder in Singapore unless the person is granted a general builder’s licence; [Act 12 of 2020 wef 15/06/2024] ( b ) carry on a business carrying out or undertaking to carry out (whether exclusively or in conjunction with any other business) general building works and minor specialist building works or minor specialist building works only, unless the person is granted a general builder’s licence; or [Act 12 of 2020 wef 15/06/2024] ( c ) carry on the business of a specialist builder in Singapore unless the person is granted a specialist builder’s licence. [47/2007] [Act 12 of 2020 wef 15/06/2024] (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to — ( a ) a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; ( b ) a further fine not exceeding $500 for each day or part of a day the person fails, without reasonable excuse, to comply with the requirements of that subsection; and ( c ) in the case of a continuing offence after conviction, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [47/2007] (4) Subject to the provisions of this Act, a person who carries out any general building works or specialist building works in contravention of subsection (2) is not entitled to recover in any court any charge, fee or remuneration for the general building works or specialist building works so carried out. [47/2007] (5) Nothing in this section applies to prevent a corporation or limited liability partnership that ceases to have in force a licence from carrying on any activity necessary to the winding up of the corporation or limited liability partnership. [47/2007] [Act 12 of 2020 wef 15/06/2024]


document_id: bca-1989
provision_ref: s29C
chapter: PART 5A - LICENSING OF BUILDERS
section: 29C
title: Classes of builder’s licences
content:
29C. —(1) A licence may be granted under this Part to a person authorising the person — ( a ) to carry on the business of a general builder generally, known as a Class 1 general builder’s licence; ( b ) to carry on the business of a general builder restricted to contracts or engagements for an estimated final price each of not more than $3 million, or any other amount that the Minister may by order in the Gazette specify in lieu thereof, known as a Class 2 general builder’s licence; or ( c ) to carry on the business of a specialist builder specified therein, known as a specialist builder’s licence of that class. [47/2007; 30/2008] [Act 12 of 2020 wef 15/06/2024] (2) In this section, any reference to the estimated final price in relation to any building works is a reference to the total fee chargeable at practical completion for the building works, including any goods and services tax payable in relation to the supply of the work, and — ( a ) where a number of distinct contracts or engagements to perform building works are entered into in connection with the same building by the same person, the estimated final price is the moneys payable in respect of the performance of all the contracts or engagements in the aggregate, even though some or all of such contracts or engagements taken severally do not exceed the sum specified in subsection (1)( b ); and ( b ) in any case where the Commissioner of Building Control is satisfied that the contracts or engagements are substantially in respect of the same undertaking or that they were entered into with a view to evading the provisions of this Act, the estimated final price is the moneys payable in respect of the performance of such of the contracts or engagements in the aggregate as the Commissioner of Building Control determines. [47/2007] [Act 12 of 2020 wef 15/06/2024]


document_id: bca-1989
provision_ref: s29D
chapter: PART 5A - LICENSING OF BUILDERS
section: 29D
title: Register of licensed general builders and licensed specialist builders
content:
29D. —(1) The Commissioner of Building Control must keep a register of licensees in which must be entered the names of all licensed general builders and licensed specialist builders, and any other particulars in relation thereto that may be prescribed. [47/2007] [Act 12 of 2020 wef 15/06/2024] (2) A person may, on payment of the prescribed fee, if any — ( a ) inspect the register of licensees during the ordinary hours of business of the Commissioner of Building Control; or [Act 12 of 2020 wef 15/06/2024] ( b ) obtain from the Commissioner of Building Control a certificate as to the licence or non-licence of a named person on a specified date or during a specified period. [47/2007] [Act 12 of 2020 wef 15/06/2024] (3) A certificate purporting to be signed by the Commissioner of Building Control certifying that a person was or was not licensed under this Part on a specified date or during a specified period is admissible in any proceedings as evidence of the matters stated in the certificate. [47/2007] [Act 12 of 2020 wef 15/06/2024]


document_id: bca-1989
provision_ref: s29E
chapter: PART 5A - LICENSING OF BUILDERS
section: 29E
title: Application for builder’s licence
content:
29E. —(1) An application for a licence must be made to the Commissioner of Building Control in the prescribed manner and accompanied by the appropriate application fee that may be prescribed. [47/2007] [Act 12 of 2020 wef 15/06/2024] (2) An applicant for a licence must, at the request of the Commissioner of Building Control, provide any further information or evidence that the Commissioner of Building Control may require to decide the application. [47/2007] [Act 12 of 2020 wef 15/06/2024] (3) Subject to sections 29F and 29G, upon receiving an application for a licence under subsection (1), the Commissioner of Building Control must consider the application and may — ( a ) where the application is for a general builder’s licence — (i) grant a Class 1 or Class 2 builder’s licence, with or without conditions; or (ii) refuse to grant any such licence; or ( b ) where the application is for a specialist builder’s licence — (i) grant a specialist builder’s licence for the appropriate class of specialist building works, with or without conditions; or (ii) refuse to grant any such licence. [47/2007] [Act 12 of 2020 wef 15/06/2024] (4) In deciding whether to grant a licence, the Commissioner of Building Control may make inquiries and investigations that are reasonable and appropriate in the circumstances so as to be satisfied as to — ( a ) the good character of the applicant or, if the applicant is a corporation or partnership, the general character of the management of the corporation or of the partners, as the case may be; ( b ) the financial condition of the applicant; and ( c ) whether the public interest will be served by the granting of the licence, including — ( d ) seeking confirmation about the experience of applicants through site inspections and referee checks; and ( e ) carrying out checks with the Commissioner for Workplace Safety and Health appointed under section 7 of the Workplace Safety and Health Act 2006 and the Official Assignee. [47/2007] [Act 12 of 2020 wef 15/06/2024] (5) The Commissioner of Building Control may refuse to grant a licence under this section to any corporation or partnership if, in the opinion of the Commissioner of Building Control, the past conduct of any director, manager or employee of the corporation or any partner, manager or employee of the partnership provides reasonable grounds for believing that the corporation or partnership (as the case may be) will not carry on the business of a general builder or specialist builder in accordance with any written law and with honesty and integrity. [47/2007] [Act 12 of 2020 wef 15/06/2024] (6) Every licence is, unless earlier revoked, valid for the period specified therein (being not longer than 3 years), and upon its expiry, the licence may be renewed. [47/2007] [Act 12 of 2020 wef 15/06/2024]


document_id: bca-1989
provision_ref: s29F
chapter: PART 5A - LICENSING OF BUILDERS
section: 29F
title: Who may be licensed as general builder
content:
29F. —(1) Subject to subsections (4) and (5), an individual carrying on business as a sole proprietor ( P ) who applies for a general builder’s licence is eligible to be granted such a licence if, and only if, P — ( a ) has paid the prescribed fees for a general builder’s licence; ( b ) satisfies the Commissioner of Building Control that P is of good character, and intends to carry on business on P ’s own account; ( c ) satisfies either of the following requirements: (i) P has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a general builder or as a supervisor of general building works; (ii) P otherwise satisfies the Commissioner of Building Control that P has had such practical experience in the work of a general builder or as a supervisor of general building works as to render P competent to carry on the business of a general builder in Singapore; and ( d ) satisfies the Commissioner of Building Control that the execution and performance of any general building works in Singapore that P undertakes is under the personal supervision of — (i) P , where P has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed; or (ii) one or more employees of P , each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed. [Act 12 of 2020 wef 15/06/2024] (1A) Subject to subsections (4) and (5), a corporation carrying on business as a sole proprietor (called in this subsection the applicant) which applies for a general builder’s licence is eligible to be granted such a licence if, and only if, the applicant — ( a ) has paid the prescribed fees for a general builder’s licence; ( b ) satisfies the Commissioner of Building Control that the management of the applicant’s business, insofar as it relates to general building works in Singapore, is at all times under the charge and direction of a director or member of the board of management of the applicant who — (i) has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a general builder or as a supervisor of general building works; or (ii) otherwise satisfies the Commissioner of Building Control that the director or member has had such practical experience in the work of a general builder or as a supervisor of general building works as to render the director or member competent to manage the business of a general builder in Singapore; and ( c ) satisfies the Commissioner of Building Control that the execution and performance of any general building works in Singapore that the applicant undertakes is under the personal supervision of — (i) the director or member of the board of management mentioned in paragraph ( b ), who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed; or (ii) one or more employees of the applicant, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed. [Act 12 of 2020 wef 15/06/2024] (2) Subject to subsections (4) and (5), a partnership which applies for a general builder’s licence is eligible to be granted such a licence if, and only if, the partnership — ( a ) has paid the prescribed fees for a general builder’s licence; ( b ) satisfies the Commissioner of Building Control that the partnership includes one or more individuals who satisfy subsection (2A) (called in this section an approved person); ( c ) satisfies the Commissioner of Building Control that the management of the partnership’s business, insofar as it relates to general building works in Singapore, is at all times under the charge and direction of an approved person who — (i) has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a general builder or as a supervisor of general building works; or (ii) otherwise satisfies the Commissioner of Building Control that the approved person has had such practical experience in the work of a general builder or as a supervisor of general building works as to render the approved person competent to manage the business of a general builder in Singapore; and ( d ) satisfies the Commissioner of Building Control that the execution and performance of any general building works in Singapore that the partnership undertakes is under the personal supervision of — (i) an approved person who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed; or (ii) one or more employees of the partnership, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed. [Act 12 of 2020 wef 15/06/2024] (2A) For the purposes of subsection (2), an approved person is — ( a ) where the partnership comprises 2 or more individuals, a partner who satisfies the Commissioner of Building Control that the partner is a person of good character; ( b ) where the partnership comprises 2 or more corporations, a director or member of the board of management of any such corporation who satisfies the requirements in subsection (1A)( b ); ( c ) where the partnership comprises both individuals and corporations, any individual mentioned in paragraph ( a ) or ( b ); and ( d ) where the partnership is a limited liability partnership, the manager mentioned in section 23(1) of the Limited Liability Partnerships Act 1 who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed. 1 Section 23(1) of the Limited Liability Partnerships Act is to be construed as section 29(1) of the Limited Liability Partnerships Act 2005, according to section 20(1) of the Revised Edition of the Laws Act 1983. [Act 12 of 2020 wef 15/06/2024] (3) Subject to subsection (4), a corporation which applies for a general builder’s licence is eligible to be granted such a licence if, and only if, the corporation — ( a ) has paid the prescribed fees for a general builder’s licence; ( b ) is not a company limited by guarantee or a corporation sole; ( c ) has a paid-up capital of — (i) not less than $25,000 (or its equivalent in a foreign currency), where it is applying for a Class 2 general builder’s licence; or (ii) not less than $300,000 (or its equivalent in a foreign currency), where it is applying for a Class 1 general builder’s licence; ( d ) satisfies the Commissioner of Building Control that it is duly authorised to carry on the business of a general builder; ( e ) is accredited or registered with a prescribed professional or technical body or organisation; ( f ) satisfies the Commissioner of Building Control that the management of the corporation’s business, insofar as it relates to general building works in Singapore, is at all times under the charge and direction of a director or member of the board of management of the corporation who — (i) has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a general builder or as a supervisor of general building works; or (ii) otherwise satisfies the Commissioner of Building Control that the director or member of the board of management (as the case may be) has had such practical experience in the work of a general builder or as a supervisor of general building works as to render the director or member of the board of management (as the case may be) competent to manage the business of a general builder in Singapore; and ( g ) satisfies the Commissioner of Building Control that the execution and performance of any general building works in Singapore that the corporation undertakes is under the personal supervision of — (i) a director or member of the board of management of the corporation who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed; or (ii) one or more employees of the corporation, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed. [Act 12 of 2020 wef 15/06/2024] (4) Despite subsection (1), (1A), (2) or (3), the Commissioner of Building Control may require an applicant under that subsection to satisfy him or her that the applicant has sufficient material and financial resources available to enable the applicant to meet the applicant’s financial obligations as and when they become due, and may refuse to grant a licence to an applicant who fails to so satisfy the Commissioner of Building Control. [47/2007] [Act 12 of 2020 wef 15/06/2024] (5) No sole proprietor and no partnership is eligible for a Class 1 general builder’s licence. [47/2007] [Act 12 of 2020 wef 15/06/2024]


document_id: bca-1989
provision_ref: s29G
chapter: PART 5A - LICENSING OF BUILDERS
section: 29G
title: Who may be licensed as specialist builder
content:
29G. —(1) Subject to subsection (4), an individual carrying on business as a sole proprietor who applies for a specialist builder’s licence for any type of specialist building works is eligible to be granted such a licence if, and only if, the individual — ( a ) has paid the prescribed fee for the specialist builder’s licence; ( b ) satisfies the Commissioner of Building Control that the individual is of good character, and intends to carry on business on the individual’s own account; ( c ) satisfies either of the following: (i) the individual has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a licensed specialist builder for that type of specialist building works or as a supervisor of those specialist building works; (ii) the individual otherwise satisfies the Commissioner of Building Control that he has had such practical experience in the work of a licensed specialist builder for that type of specialist building works or as a supervisor of those specialist building works as to render the individual competent to carry on the business of a specialist builder in Singapore for that type of specialist building works; and ( d ) satisfies the Commissioner of Building Control that the execution and performance of specialist building works of that type in Singapore that the individual undertakes is under the personal supervision of — (i) the individual, where he has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed for that type of specialist building works; or (ii) one or more employees of the individual, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed for that type of specialist building works. [Act 12 of 2020 wef 15/06/2024] (1A) Subject to subsection (4), a corporation carrying on business as a sole proprietor (called in this subsection the applicant) who applies for a specialist builder’s licence for any type of specialist building works is eligible to be granted such a licence if, and only if, the applicant — ( a ) has paid the prescribed fees for a specialist builder’s licence; ( b ) satisfies the Commissioner of Building Control that the management of the applicant’s business, insofar as it relates to specialist building works of that type in Singapore, is at all times under the charge and direction of a director or member of the board of management of the applicant who — (i) has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a specialist builder for that type of specialist building works; or (ii) otherwise satisfies the Commissioner of Building Control that the director or member of the board of management has had such practical experience in the work of a licensed specialist builder for that type of specialist building works or as a supervisor of those specialist building works as to render the director or member of the board of management competent to manage the business of a specialist builder in Singapore for that type of specialist building works; and ( c ) satisfies the Commissioner of Building Control that the execution and performance of that type of specialist building works in Singapore that the applicant undertakes is under the personal supervision of — (i) the director or member of the board of management mentioned in paragraph ( b ), who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed for that type of specialist building works; or (ii) one or more employees of the applicant, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed for that type of specialist building works. [Act 12 of 2020 wef 15/06/2024] (2) Subject to subsection (4), a partnership that applies for a specialist builder’s licence for any type of specialist building works is eligible to be granted such a licence if, and only if, the partnership — ( a ) has paid the prescribed fees for a specialist builder’s licence; ( b ) satisfies the Commissioner of Building Control that the partnership includes one or more individuals who satisfy subsection (2A) (called in this section an approved person); ( c ) satisfies the Commissioner of Building Control that the management of the partnership’s business, insofar as it relates to specialist building works of that type in Singapore, is at all times under the charge and direction of an approved person who — (i) has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a specialist builder for that type of specialist building works; or (ii) otherwise satisfies the Commissioner of Building Control that the approved person has had such practical experience in the work of a specialist builder for that type of specialist building works or as a supervisor of those specialist building works as to render the approved person competent to manage the business of a specialist builder in Singapore for that type of specialist building works; and ( d ) satisfies the Commissioner of Building Control that the execution and performance of that type of specialist building works in Singapore that the partnership undertakes is under the personal supervision of — (i) an approved person who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed for that type of specialist building works; or (ii) one or more employees of the partnership, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed for that type of specialist building works. [Act 12 of 2020 wef 15/06/2024] (2A) For the purposes of subsection (2)( b ), an approved person is — ( a ) where the partnership comprises 2 or more individuals, a partner who satisfies the Commissioner of Building Control that the partner is a person of good character; ( b ) where the partnership comprises 2 or more corporations, a director or member of the board of management of any such corporation who satisfies the requirements in subsection (1A)( b ); ( c ) where the partnership comprises both individuals and corporations, any individual mentioned in paragraph ( a ) or ( b ); and ( d ) where the partnership is a limited liability partnership, the manager mentioned in section 23(1) of the Limited Liability Partnerships Act 1 who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed. 1 Section 23(1) of the Limited Liability Partnerships Act is to be construed as section 29(1) of the Limited Liability Partnerships Act 2005, according to section 20(1) of the Revised Edition of the Laws Act 1983. [Act 12 of 2020 wef 15/06/2024] (3) Subject to subsection (4), a corporation which applies for a specialist builder’s licence for any type of specialist building works is eligible to be granted such a licence if, and only if, the corporation — ( a ) has paid the prescribed fees for a specialist builder’s licence; ( b ) is not a company limited by guarantee or a corporation sole; ( c ) has a paid-up capital of not less than $25,000 (or its equivalent in a foreign currency); ( d ) satisfies the Commissioner of Building Control that it is duly authorised to carry on the business of a specialist builder; ( e ) is accredited or registered with a prescribed professional or technical body or organisation; ( f ) satisfies the Commissioner of Building Control that the management of the corporation’s business, insofar as it relates to specialist building works of that type in Singapore, is at all times under the charge and direction of a director or member of the board of management of the corporation who — (i) has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a specialist builder for that type of specialist building works; or (ii) otherwise satisfies the Commissioner of Building Control that the director or member of the board of management (as the case may be) has had such practical experience for that type of specialist building works as to render the director or member of the board of management (as the case may be) competent to manage the business of a specialist builder in Singapore for that type of specialist building works; and ( g ) satisfies the Commissioner of Building Control that the execution and performance of that type of specialist building works in Singapore that the corporation undertakes is under the personal supervision of — (i) a director or member of the board of management of the corporation who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed for that type of specialist building works; or (ii) one or more employees of the corporation, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed for that type of specialist building works. [Act 12 of 2020 wef 15/06/2024] (4) Despite subsection (1), (1A), (2) or (3), the Commissioner of Building Control may require an applicant under that subsection to satisfy him or her that the applicant has sufficient material and financial resources available to enable the applicant to meet the applicant’s financial obligations as and when they become due, and may refuse to grant a licence to an applicant who fails to so satisfy the Commissioner. [47/2007] [Act 12 of 2020 wef 15/06/2024]


document_id: bca-1989
provision_ref: s29H
chapter: PART 5A - LICENSING OF BUILDERS
section: 29H
title: Conditions of builder’s licence relating to construction personnel
content:
29H. —(1) From 16 June 2009, it is a condition of every Class 1 general builder’s licence (whether granted before the appointed day or otherwise) that the licensee holding that licence — ( a ) must lodge with the Commissioner of Building Control a manpower programme that satisfies the requirements in subsection (2) in respect of each significant general building work project to be undertaken in Singapore by the licensee on or after that date; and [Act 12 of 2020 wef 15/06/2024] ( b ) must at all times when carrying on the general building works in connection with that significant general building work project, take all practicable steps to ensure that the registered construction personnel employed by or on the licensed general builder’s behalf or engaged in connection with that significant general building work project comply with the manpower programme lodged under paragraph ( a ) in respect of that significant general building work project. [47/2007] [Act 12 of 2020 wef 15/06/2024] (2) A manpower programme in respect of any particular significant general building work project is a programme or scheme specifying all or any of the following: ( a ) the number (which must not be less than the number prescribed) of different classes of registered construction personnel to be employed by or on behalf of the licensed general builder or to be engaged in connection with that significant general building work project; ( b ) the proportion (which must not be less than the proportion prescribed) of different classes of registered construction personnel to be employed by or on behalf of the licensed general builder or to be engaged in connection with that significant general building work project. [47/2007] (3) If there is any change in the number or proportion of registered construction personnel — ( a ) specified in a manpower programme lodged by a licensed general builder under subsection (1)( a ) in respect of any particular significant building work project; or ( b ) employed by or on behalf of the licensed general builder or to be engaged in connection with that particular significant building work project, the licensed general builder must notify the Commissioner of Building Control of the change within 7 days after that change. [47/2007] [Act 12 of 2020 wef 15/06/2024] (4) In this section, “take all practicable steps”, in relation to any result in any circumstances, means taking all steps to achieve the result that it is reasonably practicable to take in the circumstances; and to avoid doubt, a person required by this section to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about. [47/2007] (5) In this section, unless the context otherwise requires — “construction foreman” means a natural person who carries out, or undertakes to carry out, for or on behalf of another person for a fixed sum, percentage, or valuable consideration, wages or other reward, the supervision and coordination of construction tradesmen or other workmen in any prescribed class of work connected with any building works, and a construction foreman is to be classified according to the class of work he or she so supervises for reward; “construction personnel” means any natural person who is — ( a ) a construction foreman of any class; ( b ) a construction supervisor of any class; or ( c ) a construction tradesman of any class; “construction supervisor” means a natural person, not being a builder, who oversees the execution or performance of building works for or on behalf of another person for a fixed sum, percentage, or valuable consideration, wages or other reward, but does not include a construction foreman or other person employed in a like or less responsible capacity; “construction tradesman” means a natural person, not being a builder, who carries out, or undertakes to carry out, for or on behalf of another person, for a fixed sum, percentage, or valuable consideration, wages or other reward, any prescribed class of work connected with any building works, and a construction tradesman is to be classified according to the class of work he so carries out for reward; “engaged” means engaged under a contract of service or a contract for services; “registered” means registered with the Building and Construction Authority; “significant general building work project” means any building works the value of which is $10 million or any other amount that the Minister may, by order in the Gazette , specify in lieu thereof, or more. [47/2007; 30/2008]


document_id: bca-1989
provision_ref: s29I
chapter: PART 5A - LICENSING OF BUILDERS
section: 29I
title: Other conditions of builder’s licence
content:
29I. —(1) It is a condition of every Class 2 builder’s licence that the licensee holding such a licence must not enter into any contract or engagement to carry out general building works for an estimated final price which exceeds the amount specified under section 29C(1)( b ). [47/2007] [Act 12 of 2020 wef 15/06/2024] (2) A licensed general builder or licensed specialist builder who is a sole proprietor must ensure that — ( a ) the execution and performance of any general building works or specialist building works that the licensed general builder or licensed specialist builder is carrying out is personally supervised by — (i) an individual mentioned in section 29F(1)( d ) or 29G(1)( d ), as the case may be; or (ii) an individual mentioned in section 29F(1A)( c ) or 29G(1A)( c ), as the case may be; and ( b ) the name of the licensed general builder or licensed specialist builder (as the case may be) appears in any sign affixed or erected at the site where the general building works or specialist building works are carried out. [Act 12 of 2020 wef 15/06/2024] (3) A licensed general builder or licensed specialist builder which is a partnership or a corporation must ensure that the execution and performance of the general building works or specialist building works that licensed general builder or licensed specialist builder is carrying out is personally supervised by — ( a ) an individual mentioned in section 29F(2)( d ) or 29G(2)( d ), as the case may be; or ( b ) an individual mentioned in section 29F(3)( g ) or 29G(3)( g ), as the case may be. [Act 12 of 2020 wef 15/06/2024] (4) It is a condition of every general builder’s licence that the management of the business of the licensed general builder holding that licence, insofar as the business relates to general building works, must at all times be under the charge and direction of an individual mentioned in — ( a ) section 29F(1A)( b ), if the licensed general builder is a sole proprietor; ( b ) section 29F(2)( c ), if the licensed general builder is a partnership; or ( c ) section 29F(3)( f ), if the licensed general builder is a corporation. [Act 12 of 2020 wef 15/06/2024] (5) It is a condition of every specialist builder’s licence for a type of specialist building works that the management of the business of the licensed specialist builder holding that licence, insofar as it relates to that type of specialist building works, must at all times be under the charge and direction of an individual mentioned in — ( a ) section 29G(1A)( b ), if the licensed specialist builder is a sole proprietor; ( b ) section 29G(2)( c ), if the licensed specialist builder is a partnership; or ( c ) section 29G(3)( f ), if the licensed specialist builder is a corporation. [Act 12 of 2020 wef 15/06/2024] (6) Without limiting subsections (1) to (5), the Commissioner of Building Control may grant a licence subject to such other conditions as the Commissioner of Building Control thinks fit and may at any time vary any existing conditions (other than those specified in subsections (1) to (5)) of such a licence or impose additional conditions thereto. [47/2007] [Act 12 of 2020 wef 15/06/2024] (7) Before making any modification to the conditions of a licence under this section, the Commissioner of Building Control must give notice to the licensee concerned — ( a ) stating that he or she proposes to make the modification in the manner specified in the notice; and ( b ) specifying the time (being not less than 14 days from the date of service of notice on the licensee concerned) within which written representations with respect to the proposed modification may be made. [47/2007] [Act 12 of 2020 wef 15/06/2024] (8) Upon receipt of any written representation mentioned in subsection (7)( b ), the Commissioner of Building Control must consider the representation and may reject the representation or amend the proposed modification in accordance with the representation, or otherwise and, in either event, must thereupon issue a written direction to the licensee concerned requiring that effect be given to the proposed modification specified in the notice or to any modification as subsequently amended by the Commissioner of Building Control within a reasonable time. [47/2007] [Act 12 of 2020 wef 15/06/2024]


document_id: bca-1989
provision_ref: s29J
chapter: PART 5A - LICENSING OF BUILDERS
section: 29J
title: Revocation of licences, etc.
content:
29J. —(1) Subject to subsection (3), the Commissioner of Building Control may by order revoke any general builder’s licence or specialist builder’s licence if he or she is satisfied that — ( a ) the licensee fails to comply with any of the relevant requirements of section 29H(1) or (3) or 29I(1) or (5), as the case may be; [Act 12 of 2020 wef 15/06/2024] ( b ) the licensee has failed to comply with any condition imposed by the Commissioner of Building Control under subsection (2)( e ) or section 29I(6); [Act 12 of 2020 wef 15/06/2024] ( ba ) the licensee has contravened a direction under subsection (2)( d ); [Act 12 of 2020 wef 15/06/2024] ( c ) for a period exceeding 28 days, the licensee ceases to, or ceases to have the individual required under section 29I(2) or (3), personally supervise the execution and performance of any general building works or specialist building works in Singapore undertaken by the licensee; [Act 12 of 2020 wef 15/06/2024] ( d ) the licence had been obtained by fraud or misrepresentation; ( e ) the licensee has ceased to carry on business as a general builder or specialist builder (as the case may be) in Singapore; [Act 12 of 2020 wef 15/06/2024] ( f ) the licensee has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; [Act 12 of 2020 wef 15/06/2024] ( g ) the licensee has been convicted of an offence under this Act; [Act 12 of 2020 wef 15/06/2024] ( h ) the conduct of any director, manager or employee of the corporation, or any partner or employee of the partnership, that is a licensee provides grounds for believing that the corporation or partnership (as the case may be) will not carry on the business of a general builder or specialist builder (as the case may be) in Singapore in accordance with any written law and with honesty and integrity; [Act 12 of 2020 wef 15/06/2024] ( i ) the public interest or national security of Singapore so requires; or ( j ) the licensee has refused or failed to comply with an order of the Commissioner of Building Control made under subsection (2)( b ) or ( d ). [47/2007] [Act 12 of 2020 wef 15/06/2024] (2) The Commissioner of Building Control may, in any case in which he or she considers that no cause of sufficient gravity for revoking any general builder’s licence or specialist builder’s licence exists, by order — ( a ) suspend the licence for a period not exceeding 6 months; ( b ) impose on the licensee concerned a financial penalty not exceeding $20,000 where the ground for doing so is subsection (1)( a ), ( b ), ( c ), ( d ), ( e ), ( f ), ( h ) or ( j ); [Act 12 of 2020 wef 15/06/2024] ( c ) censure the licensee concerned; [Act 12 of 2020 wef 15/06/2024] ( d ) direct that, for a period specified by the Commissioner of Building Control, the licensee — (i) must not enter into or undertake any contract or engagement to carry out all or any general building works or specialist building works; or (ii) may enter into or undertake any further contract or engagement to carry out any general building works or specialist building works, provided that the value of the further contracts or engagements must not exceed an amount specified in the order; or [Act 12 of 2020 wef 15/06/2024] ( e ) modify the conditions of the licence, immediately or upon renewal of the licence in question. [47/2007] [Act 12 of 2020 wef 15/06/2024] (3) The Commissioner of Building Control must not exercise his or her powers under subsection (1) or (2) unless an opportunity of being heard by a representative in writing or by counsel had been given to the licensee against which the Commissioner of Building Control intends to exercise its powers, being a period of not more than 14 days. [47/2007] [Act 12 of 2020 wef 15/06/2024] (4) Where the Commissioner of Building Control has revoked a licence under this section, he must serve on the former licensee concerned a notice of the order made under this section. [47/2007] [Act 12 of 2020 wef 15/06/2024] (5) Any order by the Commissioner of Building Control revoking or suspending a licence, or imposing a financial penalty, direction or restriction does not take effect until the expiry of 14 days after the Commissioner of Building Control has served the order on the licensee concerned. [47/2007] [Act 12 of 2020 wef 15/06/2024] (6) Where the licensee concerned has appealed under section 29K to the Minister against an order by the Commissioner of Building Control under this section, the order does not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or withdrawn. [47/2007] [Act 12 of 2020 wef 15/06/2024] (7) Where an order of revocation becomes effective — ( a ) the Commissioner of Building Control must cause notice of the revocation to be published in the Gazette ; and [Act 12 of 2020 wef 15/06/2024] ( b ) the former licensee concerned must, as from the date of the notice, cease to carry on business as a general builder or specialist builder (as the case may be) in Singapore except as the Commissioner of Building Control may approve. [47/2007] [Act 12 of 2020 wef 15/06/2024] (8) Subsection (7)( b ) does not prejudice the enforcement by any person of any right or claim against the corporation, partnership or limited liability partnership or by the corporation, partnership or limited liability partnership of any right or claim against any person. [47/2007] (9) In any proceedings under this section in relation to the conviction of a licensee for a criminal offence, the Commissioner of Building Control is to accept the conviction as final and conclusive. [47/2007] [Act 12 of 2020 wef 15/06/2024] (10) A licensed general builder or licensed specialist builder that enters into or undertakes any contract or engagement to carry out any building works in contravention of a direction made under subsection (2)( d ) is not entitled to recover any charge, fee or remuneration under such a contract or engagement. [Act 12 of 2020 wef 15/06/2024] (11) A direction made under subsection (2)( d ) continues to have effect despite the renewal of the licence held by the licensee under section 29E(6). [Act 12 of 2020 wef 15/06/2024]


document_id: bca-1989
provision_ref: s29K
chapter: PART 5A - LICENSING OF BUILDERS
section: 29K
title: Appeal to Minister
content:
29K. —(1) Any person whose application for a licence or for the renewal of a licence has been refused by the Commissioner of Building Control may, within 14 days after being notified of such refusal, appeal in the prescribed manner to the Minister whose decision is final. [47/2007] [Act 12 of 2020 wef 15/06/2024] (2) Where a licence is granted by the Commissioner of Building Control subject to conditions (other than those specified in section 29H or 29I), the licensee concerned may, within 14 days after being notified of such conditions, appeal in the prescribed manner to the Minister whose decision is final. [47/2007] [Act 12 of 2020 wef 15/06/2024] (3) If the Commissioner of Building Control has made — ( a ) an order of revocation or suspension of a licence under section 29J; or ( b ) an order imposing any pecuniary penalty on, or a direction or restriction on the business of a licensed corporation, partnership or limited liability partnership under section 29J(2), the person whose licence is revoked or suspended, on whom such a penalty, direction or restriction is imposed (as the case may be) may, within 14 days after being served with the notice of the order, appeal to the Minister against the order, and the decision of the Minister is final. [47/2007] [Act 12 of 2020 wef 15/06/2024] (4) In any appeal under this section in relation to the conviction of a licensee for a criminal offence, the Minister on appeal from any order of the Commissioner of Building Control is to accept the conviction as final and conclusive. [47/2007] [Act 12 of 2020 wef 15/06/2024]


document_id: bca-1989
provision_ref: s29L
chapter: PART 5A - LICENSING OF BUILDERS
section: 29L
title: Power of Minister to make regulations
content:
29L. The Minister may make regulations for giving effect to the provisions of this Part and for the due administration thereof, and, in particular, for or with respect to all or any of the following matters: ( a ) prescribing the form and procedure for applications for licences; [Act 12 of 2020 wef 15/06/2024] ( b ) varying the minimum paid‑up capital of a corporation specified in section 29F(3)( c ) or 29G(3)( c ) in connection with applications for a general builder’s licence or specialist builder’s licence; ( c ) prescribing the different classes of construction tradesmen and construction foremen for the purposes of section 29H; ( d ) prescribing offences in respect of the contravention of any regulations made under this section, and prescribing fines, not exceeding $10,000 or imprisonment which may not exceed 12 months or both, that may, on conviction, be imposed in respect of any such offence; ( e ) prescribing any matter which is required under this Part to be prescribed. [47/2007]


document_id: bca-1989
provision_ref: s29M
chapter: PART 5B - REGULATING FIXED INSTALLATION
section: 29M
title: Interpretation of this Part
content:
29M. In this Part — “applicant” means an applicant for or to renew a registration; “basic rate of pay” means the total amount of money (including wage adjustments and increments) to which an employee is entitled under the employee’s contract of service for working for one month, but does not include — ( a ) additional payments by way of overtime payments; ( b ) additional payments by way of bonus payments or annual wage supplements; ( c ) any sum to reimburse the employee for special expenses incurred during his employment; ( d ) productivity incentive payments; and ( e ) any allowance however described; “basic wage” means wage calculated at the basic rate of pay for one month; “prescribed date” means a date prescribed by building regulations made in relation to all registrable activity or a class of registrable activity; “progressive wage model bonus” means a discretionary amount of money payable to an employee that is in addition to all of the following paid to the employee: ( a ) any basic wage; ( b ) any overtime payment; ( c ) any sum to reimburse the employee for special expenses incurred during his employment; ( d ) any allowance however described; “registered” or “registration” means registered or registration under this Part authorising the person registered to carry on any registrable activity or a class of registrable activity specified in the registration; “registrable activity” means providing in the course of business a service of carrying out — ( a ) fixed installation works in Singapore; or ( b ) maintenance, inspection or testing of fixed installations in Singapore; “registrant” means a person who is registered. [Act 12 of 2020 wef 09/12/2022]


document_id: bca-1989
provision_ref: s29N
chapter: PART 5B - REGULATING FIXED INSTALLATION
section: 29N
title: Unauthorised undertaking of registrable activity
content:
29N. —(1) A person commits an offence if the person carries on any registrable activity when the person — ( a ) is not authorised to do so by a registration under this Part; and ( b ) is not exempt from this section under subsection (6) or section 30 or 30A in relation to that activity. (2) The offence under subsection (1) is a strict liability offence. (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. (4) Subject to the provisions of this Act, a person who commits an offence under subsection (1) is not entitled to recover in any court any charge, fee or remuneration for any service provided by the person in the course of committing that offence. (5) For the purpose of subsection (1), a person is not regarded as registered during any period the person’s registration is suspended under section 29R. (6) To avoid doubt, nothing in this section requires any of the following individuals to be registered in order to carry out a registrable activity: ( a ) a qualified person carrying out any registrable activity in the course of engaging in professional engineering work in Singapore; ( b ) an individual who carries out any registrable activity under the direction or supervision of an individual mentioned in paragraph ( a ). [Act 12 of 2020 wef 09/12/2022]


document_id: bca-1989
provision_ref: s29O
chapter: PART 5B - REGULATING FIXED INSTALLATION
section: 29O
title: Application for registration
content:
29O. —(1) An application for or to renew a registration under this Part must be made to the Building and Construction Authority in accordance with this section. (2) An application for or to renew a registration must — ( a ) be in the form and manner the Building and Construction Authority specifies; ( b ) be accompanied by an application fee, if prescribed; and ( c ) be accompanied by the prescribed information and any other additional information that the Building and Construction Authority requires to decide on the application. (3) In addition to subsection (1) — ( a ) an application for or to renew a registration that is made on or after the prescribed date for the registrable activity to which the application relates, must be accompanied by a progressive wage plan in respect of the applicant’s business undertaking that registrable activity; and ( b ) an application to renew a registration must be made no later than a prescribed period before the date of expiry of the registration, unless otherwise allowed by the Building and Construction Authority in any particular case which must then be treated as a late renewal application. (4) The Building and Construction Authority may refuse to consider an application for or to renew a registration that is incomplete or not made in accordance with this section. [Act 12 of 2020 wef 09/12/2022]


document_id: bca-1989
provision_ref: s29P
chapter: PART 5B - REGULATING FIXED INSTALLATION
section: 29P
title: Registration
content:
29P. —(1) Registration and renewal of registration of persons to carry on a registrable activity may be granted or refused by the Building and Construction Authority — ( a ) in accordance with the procedure in this Part and the building regulations made for the purposes of this Part; and ( b ) subject to such conditions as prescribed in the building regulations made for the purposes of this Part and, in the absence of anything prescribed, any conditions the Building and Construction Authority thinks fit. (2) An applicant who is aggrieved by the decision of the Building and Construction Authority refusing to register or renew the registration of the person may, within 14 days after the person is notified of that decision, appeal to the Minister whose decision is final. (3) The Building and Construction Authority may subdivide registration under this Part into classes of registrable activity, according (and not limited) to any of the following: ( a ) the type of registrable activity; ( b ) the type of fixed installation with respect to which the registrable activity may involve. (4) Every registration under this Part is valid for a period specified in the registration, unless earlier cancelled or suspended under section 29R. [Act 12 of 2020 wef 09/12/2022]


document_id: bca-1989
provision_ref: s29Q
chapter: PART 5B - REGULATING FIXED INSTALLATION
section: 29Q
title: Progressive wages as condition of registration
content:
29Q. —(1) Without limiting section 29P, the registration of a person for any class of registrable activity is subject to the following conditions: ( a ) on or after the prescribed date for that class of registrable activity, for every citizen of Singapore or permanent resident of Singapore who is employed or is to be employed by the person to carry out the registrable activity in the course of the person’s business (called an employee), there must be a contract of service in writing that — (i) contains terms not inconsistent with the requirements in subsection (2) for the progressive wage plan in respect of that person’s business of carrying out registrable activity in the course of business; (ii) provides for the payment to that employee a basic wage that is not less than the minimum amount specified under subsection (3) for the class of employees to which that employee belongs; and (iii) provides for the payment to that employee a progressive wage model bonus that is not less than the minimum amount, and at the frequency, specified under subsection (3) if the employee belongs to the eligible class of employees who carry out that registrable activity specified under that subsection; [Act 31 of 2023 wef 31/12/2024] ( b ) the person registered must issue to each employee mentioned in paragraph ( a ) that the person registered employs a pay slip containing such particulars of that employee’s basic wage and such other payment received by that employee from the person, and at such frequency, as may be prescribed. (2) Every progressive wage plan in respect of any class of registrable activity carried out in the course of business by a person registered or an applicant for registration in relation to that registrable activity must — ( a ) relate to every citizen of Singapore or permanent resident of Singapore the person registered or applicant employs or proposes to employ to carry out that registrable activity in the course of business (called employees); [Act 31 of 2023 wef 31/12/2024] ( b ) specify the basic wage payable to every employee in paragraph ( a ) that is on an increasing scale depending on seniority, responsibilities, work experience and training received in carrying out that class of registrable activities; ( c ) specify an amount as the basic wage for each class of employees in paragraph ( a ) that is not less than the amount specified under subsection (3)( a ) for that class; and ( d ) specify that where the employee in paragraph ( a ) belongs to a class of employees specified as eligible for a progressive wage model bonus under subsection (3)( b ), the employee will be paid a progressive wage model bonus. (3) The Commissioner of Building Control must, by order, specify — ( a ) the amount of the basic wage mentioned in subsection (1)( a )(ii) and when that amount takes effect; and ( b ) the minimum amount of the progressive wage model bonus, the frequency of payment, and the eligible class of employees for the purposes of subsection (1)( a )(iii). (4) An order under subsection (3) may specify different basic wages or minimum amounts (as the case may be) for different classes of employees, and may be varied from time to time. (5) In making an order under subsection (3), the Commissioner of Building Control must consider the recommendations by the Tripartite Cluster for Lift and Escalator Industry, if any. (6) In respect of an order made under subsection (3) — ( a ) the Commissioner of Building Control must publish every such order made in any way which the Commissioner of Building Control thinks appropriate to bring the order to the notice of persons who, in his opinion, ought to have notice of the order; but ( b ) a failure to publish any order in compliance with paragraph ( a ) does not invalidate that order. (7) A specified amount takes effect for the purposes of this Part, even though the basic wage that would have been payable to an employee under any collective agreement as defined in section 2 of the Industrial Relations Act 1960 * is lower than the specified amount. [*Updated to be consistent with the 2020 Revised Edition] (8) Where, immediately before the prescribed date for a class of registrable activity, a person is registered to carry out that registrable activity in the course of business, the Commissioner of Building Control may require the person to submit a progressive wage plan in respect of the person’s business that is in conformity with subsection (2) within a time specified by the Commissioner of Building Control. (9) In this section, “Tripartite Cluster for Lift and Escalator Industry” means the body, comprising the representatives from employers, service buyers, the trade unions of employees and the Government, which is responsible for making recommendations on progressive wages for lift and escalator maintenance personnel. [Act 12 of 2020 wef 09/12/2022]


document_id: bca-1989
provision_ref: s29R
chapter: PART 5B - REGULATING FIXED INSTALLATION
section: 29R
title: Regulatory action
content:
29R. —(1) Subject to subsections (3), (4) and (5), the Building and Construction Authority may by order (without compensation), cancel the registration of a person if the Building and Construction Authority is satisfied that — ( a ) the person obtained the registration by fraud or misrepresentation; ( b ) the person is contravening or not complying with, or has contravened or failed to comply with — (i) any condition of the person’s registration; (ii) any provision of this Act or the building regulations applicable to the person as a registrant, contravention of or non‑compliance with which is not an offence under this Act or any subsidiary legislation made under this Act; or (iii) a direction given under subsection (2)( c ), ( d ) or ( e ); ( c ) the person is convicted of an offence involving fraud or dishonesty, or an offence under this Act or any subsidiary legislation made under this Act, committed during the term of the registration; ( d ) the person is likely to go or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( e ) the person is not carrying out registrable activity in a safe and effective manner; or ( f ) the cancellation of registration is in the public interest. (2) However, the Building and Construction Authority may, in lieu of cancelling a person’s registration under subsection (1), do (without compensation) any one or more of the following: ( a ) suspend the registration of the person for not more than 6 months; ( b ) modify any condition of the person’s registration except those in section 29Q; ( c ) direct the person to pay, within a period specified in a direction, a financial penalty of an amount the Building and Construction Authority thinks fit, being not more than $20,000, where the ground for regulatory action is subsection (1)( a ), ( b ), ( d ) or ( e ); ( d ) direct that, for a period specified in the order, the person — (i) must not enter into or undertake any contract or engagement to carry out all or any registrable activity; or (ii) may enter into or undertake any further contract or engagement to carry out any registrable activity, provided that the number of fixed installations (of the same type or different types) in relation to which registrable activity may be undertaken under the further contracts or engagements must not exceed the number specified in the order; ( e ) direct that the person — (i) do, or refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)( b ); or (ii) ensure that any employee of the person who carries out registrable activities undergoes the training or retraining specified in the order; ( f ) censure the person concerned. (3) Before taking any regulatory action under subsection (1) or (2), the Building and Construction Authority must give written notice to the registrant concerned — ( a ) stating that the Building and Construction Authority intends to take regulatory action against the registrant; ( b ) specifying the type of regulatory action in subsection (1) or (2) the Building and Construction Authority proposes to take, and each instance of contravention or non-compliance (where applicable) that is the subject of the action; and ( c ) specifying the time (being not less than 14 days from the date of service of notice on the registrant) within which written representations may be made to the Building and Construction Authority with respect to the proposed regulatory action. (4) The Building and Construction Authority may, after considering any written representation under subsection (3)( c ), decide to take such regulatory action in subsection (1) or (2) as it considers appropriate. (5) Where the Building and Construction Authority has made any decision under subsection (4) against any registrant, the Building and Construction Authority must serve on the registrant concerned a notice of its decision. (6) Subject to subsection (7), a decision to cancel a registration under subsection (1), or to take a regulatory action in subsection (2), which is specified in the notice given under subsection (5), takes effect from the date on which that notice is given, or on such other date as may be specified in the notice. (7) A person given a notice under subsection (5) who is aggrieved by the decision in the notice may appeal to the Minister against the decision, within the time and in the manner prescribed by building regulations; and the Minister’s decision on appeal is final. (8) A registrant who enters into or undertakes any contract or engagement to carry out any registrable activity in contravention of a direction made under subsection (2)( d ) is not entitled to recover any charge, fee or remuneration under such a contract or engagement. (9) All financial penalties imposed under subsection (2) must be paid into the Consolidated Fund. [Act 12 of 2020 wef 09/12/2022]


document_id: bca-1989
provision_ref: s30
chapter: PART 6 - MISCELLANEOUS
section: 30
title: Class exemption from Act
content:
30. The Minister may, by order in the Gazette , exempt any class of persons, premises or buildings or building works from the operation of all or any of the provisions of this Act, the building regulations or other subsidiary legislation made under this Act. [Act 12 of 2020 wef 01/01/2022]


document_id: bca-1989
provision_ref: s30A
chapter: PART 6 - MISCELLANEOUS
section: 30A
title: Administrative exemption from Act
content:
30A. —(1) The Commissioner of Building Control may exempt, for a period specified in the exemption, a particular person from the operation of all or any of the provisions of this Act or the building regulations where the Commissioner of Building Control is personally satisfied that all of the following apply: ( a ) the risk to public safety in providing the exemption is negligible; ( b ) there are other sufficient safeguards under this Act or any other written law, or by other means, to minimise any risk to public safety in providing the exemption; ( c ) there are requirements in other written law or there are other means that deal with the matter to be exempted besides the applicable requirements of this Act. (2) An exemption under this section — ( a ) must be in writing and given to the particular person concerned; and ( b ) need not be published in the Gazette . [Act 12 of 2020 wef 01/01/2022]


document_id: bca-1989
provision_ref: s31
chapter: PART 6 - MISCELLANEOUS
section: 31
title: Offences by bodies corporate, etc.
content:
31. —(1) Where an offence under this Act or any subsidiary legislation made under this Act has been committed by a body corporate, every officer of the body corporate shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless the officer proves that — ( a ) the offence was committed without the consent or connivance of the officer; and ( b ) the offence was not attributable to any neglect on the officer’s part. [47/2007; 22/2012] (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. [47/2007] (3) Where an offence under this Act or any subsidiary legislation made under this Act has been committed by a partnership, each partner of the partnership shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless the partner proves that — ( a ) the offence was committed without the consent or connivance of the partner; and ( b ) the offence was not attributable to any neglect on the partner’s part. [47/2007; 22/2012] (4) Where an offence under this Act or any subsidiary legislation made under this Act has been committed by an unincorporated association (other than a partnership), every officer of the unincorporated association and every member of its governing body shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless the officer or member (as the case may be) proves that — ( a ) the offence was committed without the consent or connivance of the officer of the unincorporated association or member of its governing body, as the case may be; and ( b ) the offence was not attributable to any neglect on the part of that officer or member. [47/2007; 22/2012] (5) In this section — “body corporate” includes a limited liability partnership; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, Chief Executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. [47/2007] (6) The Minister may make regulations providing for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore. [47/2007]


document_id: bca-1989
provision_ref: s32
chapter: PART 6 - MISCELLANEOUS
section: 32
title: Protection from liability
content:
32. —(1) No liability shall lie against any public officer by reason of the fact that any building works are carried out in accordance with the provisions of and any subsidiary legislation made under this Act or that such building works or plans of the building works are subject to inspection or approval by the Commissioner of Building Control or the public officer. [2/2012] [Act 12 of 2020 wef 01/01/2022] (2) Nothing in this Act and any subsidiary legislation made under this Act makes it obligatory for the Commissioner of Building Control to inspect any building or building works or the site of any proposed building to ascertain whether the provisions of this Act and any subsidiary legislation made under this Act are complied with or whether any plans, certificates, notices or other documents submitted to him or her are accurate. [Act 12 of 2020 wef 01/01/2022] (3) No liability lies personally against the Commissioner of Building Control or any person authorised under section 3(2) for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in the execution or purported execution of this Act and any subsidiary legislation made under this Act. [Act 12 of 2020 wef 01/01/2022] (4) Where the Commissioner of Building Control provides any information to any person in respect of any building or building works by electronic or other means, the Government, the Commissioner of Building Control and any public officer are not liable for any loss or damage suffered by any person by reason of any error or omission of whatever nature or howsoever caused, including any defect or breakdown in the electronic equipment used for providing the information, if the error or omission is made in good faith and in the ordinary course of duties of the Commissioner of Building Control or public officer.


document_id: bca-1989
provision_ref: s33
chapter: PART 6 - MISCELLANEOUS
section: 33
title: Powers of entry, etc.
content:
33. —(1) The Commissioner of Building Control, or any person authorised by the Commissioner of Building Control under section 3(2) for the purposes of this section (called in this section the authorised officer) 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 any subsidiary legislation made under this Act; ( b ) ascertaining whether circumstances exist that would authorise the Commissioner of Building Control or any person appointed by him or her for this purpose to take any action or execute any work under this Act or any subsidiary legislation made under this Act; ( c ) taking any action or carrying out any work, authorised or required by this Act or any subsidiary legislation made under this Act; or ( d ) inspecting the documents, books or records kept and maintained by any person under this Act or any subsidiary legislation made under this Act. [18/2003; 47/2007; 22/2012] [Act 12 of 2020 wef 01/01/2022] (1A) The Commissioner of Building Control or an authorised officer may do all or any of the following for any purpose in subsection (1) in or on any premises entered under that subsection: ( a ) make such openings as may be necessary; ( b ) inspect, test, examine, remove and detain (without compensation) reasonable samples of any building materials found in the premises; ( c ) analyse, or cause to be analysed, any sample of building materials mentioned in paragraph ( b ); ( d ) make copies of or take extracts from, or require the person having the management or control of the premises to provide copies of or extracts from, any document, book or record; ( e ) make any still or moving image or any recording of the premises or any thing in the premises; ( f ) subject to subsection (4B), seize any document, book, record, equipment, instrument or other article which the Commissioner of Building Control or authorised officer reasonably believes to be the subject matter of, or to be connected with the commission of, an offence under this Act or any subsidiary legislation made under this Act; ( g ) take onto the premises such equipment and materials as the Commissioner of Building Control or authorised officer requires for the purpose of exercising powers in relation to the premises; ( h ) operate a fixed installation or any electronic equipment in or on the premises, or require a person on the premises to operate any fixed installation or electronic equipment, in order to access evidential material; ( i ) seize and detain any machinery, equipment or plant which the Commissioner of Building Control or authorised officer reasonably believes to be connected or used in connection with a contravention of this Act or any subsidiary legislation made under this Act; ( j ) place a cordon around the premises or fixed installation concerned or otherwise secure the premises or fixed installation against unauthorised entry or use. [Act 12 of 2020 wef 01/01/2022] (1B) Where any document, book, record, equipment, instrument or other article has been seized under subsection (1A) — ( a ) the Commissioner of Building Control or authorised officer who seized the document, book, record, equipment, instrument or other article must give written notice of the seizure to the person from whom it was seized, if the name and address of that person are known; ( b ) the document, book, record, equipment, instrument or other article may be kept or stored in the premises where it was seized or may, at the direction of the Commissioner of Building Control or authorised officer, be removed to any other place — (i) to be kept or stored; or (ii) for testing or examination; and ( c ) in any case under paragraph ( b ), the Commissioner of Building Control or authorised officer may — (i) mark, seal or label the document, book, record, equipment, instrument or other article in such manner as the Commissioner of Building Control or authorised officer thinks fit for the purpose of indicating that it is under detention; and (ii) lock or seal the whole or part of the premises in which the document, book, record, equipment, instrument or other article is being detained. [Act 12 of 2020 wef 01/01/2022] (1C) The power under subsection (1A)( h ) to operate electronic equipment in or on the premises includes the power — ( a ) to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment; ( b ) to operate electronic equipment in or on the place to put the relevant data in documentary form and remove the documents so produced from the premises; and ( c ) to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that — (i) is brought to the premises for the exercise of the power; or (ii) is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises, and to remove the disk, tape or other storage device from that premises. [Act 12 of 2020 wef 01/01/2022] (1D) A person who, without the permission of the Commissioner of Building Control or authorised officer — ( a ) interferes, tampers with, removes or otherwise disposes of any article or document seized under subsection (1A); ( b ) alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the Commissioner of Building Control or authorised officer under subsection (1B)( c )(i); or ( c ) opens, breaks or otherwise tampers with the lock or seal placed by the Commissioner of Building Control or authorised officer on the whole or part of any premises under subsection (1B)( c )(ii), 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 12 months or to both. [Act 12 of 2020 wef 01/01/2022] (2) The results of any analysis of a sample of building materials taken under subsection (1A)( c ) are not admissible as evidence in any proceedings under this Act or the building regulations unless the samples were taken in the prescribed manner. [Act 12 of 2020 wef 01/01/2022] (3) A certificate of the results of an analysis of a part of a sample taken under subsection (1A)( c ) must be signed by the analyst but the analysis may be made by a person acting under the direction of the analyst. [Act 12 of 2020 wef 01/01/2022] (4) For the purposes of any inspection under subsection (1)( d ), the person concerned must — ( a ) allow the Commissioner of Building Control or authorised officer to access, and must produce on request, the documents, books or records; and ( b ) give such information and facilities as the Commissioner of Building Control or authorised officer may require. [Act 12 of 2020 wef 01/01/2022] (4A) Any person who contravenes or fails to comply with subsection (4) shall be guilty of an offence. [Act 12 of 2020 wef 01/01/2022] (4B) The documents, books, records, equipment, instrument or other article mentioned in subsection (1A)( f ) must not be seized at such times or at such places as could pose to any person risk of death or serious injury. [Act 12 of 2020 wef 01/01/2022] (5) The documents, books or records mentioned in subsection (4) are not required to be produced at any time or at any place that would interfere with the proper execution of the building works. (6) Any person who wilfully obstructs the Commissioner of Building Control or an authorised officer in the performance of any matter or thing which he or she is authorised to do by this section shall be guilty of an offence. [47/2007] [Act 12 of 2020 wef 01/01/2022]


document_id: bca-1989
provision_ref: s34
chapter: PART 6 - MISCELLANEOUS
section: 34
title: Presumptions and defences
content:
34. —(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 is 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 the building, it is a defence to any prosecution for failing to do that thing — ( a ) that the thing was done by another owner of the building; or ( b ) that any notice or order in respect of the 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.


document_id: bca-1989
provision_ref: s35
chapter: PART 6 - MISCELLANEOUS
section: 35
title: Occupier may execute work in default of owner
content:
35. —(1) Whenever default is made by an owner of any premises in the execution of any work required under this Act to be executed by the owner, an occupier of the premises may, with the approval of the Commissioner of Building Control, cause the work to be executed. (2) The costs and expenses thereof are recoverable by the occupier from the owner or the amount may be deducted out of the rent from time to time becoming due from the occupier to the owner. (3) 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 the occupier have been fully reimbursed.


document_id: bca-1989
provision_ref: s36
chapter: PART 6 - MISCELLANEOUS
section: 36
title: Proceedings if occupier opposes execution of works, etc.
content:
36. —(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 the owner’s 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 a written order requiring the occupier to permit the owner to execute all such work or to make any provision with respect to the premises that 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 expiry of 8 days from the date of the order, the occupier continues to refuse to permit the owner to execute such work or make any provision that 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 $2,000 for every day during which he so continues to refuse. [47/2007] (3) Every such owner is, during the continuance of such refusal, discharged from any penalties to which the owner might otherwise have become liable by reason of the owner’s default in executing the work or making provision in respect of the premises or building. (4) To avoid doubt, in this section, a reference to making any provision in respect of any premises includes a reference to doing anything that the owner of the premises is required to do in respect of the premises under Part 3B. [Act 28 of 2024 wef 30/09/2025]


document_id: bca-1989
provision_ref: s37
chapter: PART 6 - MISCELLANEOUS
section: 37
title: Recovery of costs and expenses payable by owners
content:
37. —(1) All expenses incurred by the Commissioner of Building Control in or about the execution of any work pursuant to any provision of this Act, together with interest accruing in accordance with subsection (3), are recoverable from the person who is the owner of the premises on the date on which the works are completed. (1A) As from the date of the completion of the work, the expenses and interest accrued due thereon are, until recovered, a first charge on the premises and on all estates and interests therein, exercisable against the premises and the estates and interests therein and all movable property or crops for the time being found thereon, despite any change in the ownership or occupation of the premises subsequent to that date. (2) The Commissioner of Building Control may certify under his or her hand the expenses due and the names of the persons liable therefor and may by that certificate apportion the expenses among those persons. (2A) A copy of the certificate must be served upon each of those persons mentioned in subsection (2), but where no such persons may be found, the certificate is deemed to have been duly served if a copy thereof is posted at the office of the Commissioner of Building Control and another copy is affixed to some conspicuous part of the premises in respect of which the expenses have been incurred. (3) Interest at the rate of 9% per annum from the expiry of one month from the date of service of a certificate under subsection (2A) is recoverable as part of the expenses incurred by the Commissioner of Building Control. (4) A certificate purporting to be under the hand of the Commissioner of Building Control and to be made under subsection (2) and setting forth the amount claimed as due to the Commissioner of Building Control and the persons as liable for the payment thereof is prima facie evidence of the facts certified therein and of the signature of the Commissioner of Building Control thereto. (5) If any sum or any part thereof due to the Commissioner of Building Control under this Act remains unpaid at the expiry of one month commencing from the date of service of the certificate under subsection (2A), or any further period as the Commissioner of Building Control may allow, it is deemed to be arrears.


document_id: bca-1989
provision_ref: s38
chapter: PART 6 - MISCELLANEOUS
section: 38
title: Recovery of costs and expenses by instalments
content:
38. —(1) Where the Commissioner of Building Control has incurred expenses in or about the execution of any work which are recoverable from any person, the Commissioner of Building Control may either recover such expenses in the manner provided in section 37 or, if he or she thinks fit, 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 9% 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 immediately becomes due and payable and, despite 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 37.


document_id: bca-1989
provision_ref: s39
chapter: PART 6 - MISCELLANEOUS
section: 39
title: Power to vary interest rates
content:
39. The Minister may, at any time by notification in the Gazette , vary the rates of interest specified in sections 37(3) and 38(1).


document_id: bca-1989
provision_ref: s40
chapter: PART 6 - MISCELLANEOUS
section: 40
title:
Liability of transferor of property in respect of expenses incurred by Commissioner of Building Control

content:
40. —(1) Where a person sells or transfers any premises in respect of which expenses have been incurred by the Commissioner of Building Control in or about the execution of any work required to be done under this Act which are recoverable from the owner thereof, the person continues 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. (2) Nothing in subsection (1) affects the liability of the purchaser or transferee to pay such expenses in respect of the premises or affects the right of the Commissioner of Building Control to recover such expenses or to enforce any obligation under this Act.


document_id: bca-1989
provision_ref: s41
chapter: PART 6 - MISCELLANEOUS
section: 41
title: Property and materials seized or removed by Commissioner of Building Control
content:
41. —(1) Any property or materials seized or removed by the Commissioner of Building Control, in the exercise of his or her powers under section 19(6) or 25(6)( c ), may be forfeited to the Government and sold or otherwise disposed of by the Commissioner of Building Control unless a claim is made by the person to whom the property or materials belong within 2 weeks of the seizure or removal in which case the property or materials may be returned to the person on any terms and conditions that the Commissioner of Building Control may impose. [Act 12 of 2020 wef 01/01/2022] (2) Where the Commissioner of Building Control sells any property or materials under subsection (1), the Commissioner of Building Control must pay on demand 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 Commissioner of Building Control from the owner. (3) Any proceeds of the sale of property or materials under this section not claimed within 2 years of the sale must be paid into the Consolidated Fund.


document_id: bca-1989
provision_ref: s42
chapter: PART 6 - MISCELLANEOUS
section: 42
title: Service of documents
content:
42. —(1) Any notice, order or document required or authorised to be served under this Act (including any subsidiary legislation made under this Act) is deemed to be sufficiently served — ( a ) by delivering a copy thereof personally or by leaving it with any adult person at the last known place of abode of the person on whom the notice, order or document 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, order or document is to be served in a cover addressed to that person or by posting it upon a conspicuous part of those premises; ( c ) by sending it by registered post addressed to the person on whom the notice, order or document is to be served at that person’s usual or last known place of abode or business; ( ca ) by sending it by fax to the fax number operated at the usual or last known address of the place of residence or business of the individual, or the last fax number given to the Commissioner of Building Control by the individual as the fax number for the service of documents on the individual; or ( d ) in the case of an incorporated company, a partnership or a body of persons — (i) by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; (ii) by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business; or (iii) by sending it by fax to the fax number operated at the registered office or principal place of business of the company, partnership or body of persons. [47/2007; 22/2012] (1A) Any notice or document (other than an order) required or authorised to be served under this Act (including any subsidiary legislation made under this Act) is, in addition to any mode of service under subsection (1), deemed to be sufficiently served — ( a ) by sending it by ordinary post addressed to the person on whom the notice or document is to be served at the person’s usual or last known place of abode or business; ( b ) by electronic communication, by sending an electronic communication of the notice or document to the last email address given to the Commissioner of Building Control by the individual as the email address for the service of documents on the individual; or ( c ) in the case of an incorporated company, a partnership or a body of persons — (i) by sending it by ordinary post addressed to the company, partnership or body of persons at its registered office or principal place of business; or (ii) by electronic communication, by sending an electronic communication of the notice or document to the last email address given to the Commissioner of Building Control by the company, partnership or body of persons as the email address for the service of documents on it. [22/2012] (2) Any notice, order or document required or authorised to be served under this Act on the owner or occupier of any premises or building is also deemed to be sufficiently served by delivering a copy thereof personally to any adult person on the premises or building or, if there is no such person to whom it can with reasonable diligence be delivered, by affixing the notice, order or document to a conspicuous part of the premises or building. (3) Any notice, order or document required or authorised by this Act to be served on the owner or the occupier of any premises is deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of the premises without further name or description. (4) Any notice, order or document to be issued by the Commissioner of Building Control under this Act or any subsidiary legislation made under this Act may be issued in any form that the Commissioner of Building Control may determine and every such notice, order or document is valid if the signature of the Commissioner of Building Control or any officer authorised under this Act is duly printed or written thereon. [22/2012] (5) Where any notice, order or other document to be served on any person is — ( a ) sent by fax to the fax number operated at the last known place of residence or business or registered office or principal place of business in accordance with subsection (1) — it is deemed to be duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal place of business, as the case may be; ( b ) sent by registered post to any person in accordance with subsection (1) — it is deemed to be duly served on the person at the time when it would, in the ordinary course of post, be delivered, whether or not it is returned undelivered, and in proving service of the notice, order or document, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post; ( c ) sent by ordinary post to any person in accordance with subsection (1A) — it is deemed to be duly served on the person to whom it is addressed on the day succeeding the day on which it would, in the ordinary course of post, be delivered; and ( d ) sent by electronic communication to an email address in accordance with subsection (1A) — it is deemed to be duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address. [22/2012] (6) Service of any notice or document under this Act on a person by electronic communication may be effected only if the person gives as part of the person’s address for service an email address. [22/2012] (7) This section does not apply to notices, orders or documents to be served in proceedings in court. [22/2012]


document_id: bca-1989
provision_ref: s42AA
chapter: PART 6 - MISCELLANEOUS
section: 42AA
title: Use of electronic service for making applications, etc.
content:
42AA. —(1) The Commissioner of Building Control may permit an application to or a lodgment with him or her under this Act to be made through an electronic service that is — ( a ) administered by a public authority to facilitate the sending of documents under this Act and any other written law in connection with building works; and ( b ) prescribed by the Minister by notification in the Gazette . (2) Where a person uses the electronic service mentioned in subsection (1) to make an application to or a lodgment with the Commissioner of Building Control, the Commissioner of Building Control may serve on the person any acknowledgment, approval, certificate, direction, notice, permit or other document in connection with the application or lodgment, by sending it to the person’s account with the electronic service. (3) Service of a document on a person under subsection (2) takes effect at the time when an electronic record of the document reaches the person’s account with the electronic service. (4) This section applies despite anything to the contrary in this Act. (5) In this section, “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010. [Act 23 of 2023 wef 18/12/2023]


document_id: bca-1989
provision_ref: s42A
chapter: PART 6 - MISCELLANEOUS
section: 42A
title: Inaccuracies in notices, etc.
content:
42A. —(1) No misnomer or inaccurate description of any person, premises, building or building works or any other thing named or described in any notice or order issued or served under or for the purposes of this Act or any subsidiary legislation made under this Act renders invalid the notice or order or affect the operation of this Act or its subsidiary legislation if the person, premises, building or building works or other thing named or described in the notice or order is so designated or described as to be identifiable. [22/2012] (2) No proceedings taken under or by virtue of this Act or any subsidiary legislation made under this Act are rendered invalid merely by reason of want of form, which otherwise would be valid. [22/2012]


document_id: bca-1989
provision_ref: s43
chapter: PART 6 - MISCELLANEOUS
section: 43
title: Providing of information
content:
43. —(1) The Commissioner of Building Control, or any person authorised by the Commissioner of Building Control under section 3(2) for the purpose of this section (called in this section the authorised officer), may exercise the powers in this section for the purpose of — ( a ) ascertaining whether there is, or has been, a contravention of this Act or any subsidiary legislation made under this Act; ( b ) ascertaining whether circumstances exist that would authorise the Commissioner of Building Control or authorised officer to take any action or execute any work under this Act or any subsidiary legislation made under this Act; or ( c ) taking any action or carrying out any work authorised or required by this Act or any subsidiary legislation made under this Act. (2) For the purposes of subsection (1), the Commissioner of Building Control or authorised officer may — ( a ) require any person — (i) to answer any question (to the best of that person’s knowledge, information and belief) and provide any information; and (ii) to produce, for inspection by the Commissioner of Building Control or authorised officer, any book, document, record, still or moving image, recording, article or thing within the person’s possession, or to provide the Commissioner of Building Control or authorised officer with copies of such book, document, still or moving image, recording or other record; and ( b ) require any person in Singapore whom the Commissioner of Building Control or authorised officer has reason to believe to be acquainted with any facts or circumstances relevant to such purposes to attend before the Commissioner of Building Control or authorised officer to answer any question (to the best of that person’s knowledge, information and belief) and to provide any document or information. (3) Any statement made by an individual in answer to a question under subsection (2)( a )(i) or ( b ) must — ( a ) be reduced to writing; ( b ) be read over to the individual; ( c ) if the individual does not understand English, be interpreted in a language that the individual understands; and ( d ) after correction (if necessary) be signed by that individual. (4) If — ( a ) a person provides a document or gives a statement or information (whether orally or in writing) to the Commissioner of Building Control or an authorised officer for the purposes of this section; ( b ) the document, statement or information is false or misleading, or the statement or information omits any matter or thing without which the statement or information (as the case may be) is misleading; and ( c ) the person knows, or ought reasonably to know, that the document is false or misleading, or that the statement or information is as described in paragraph ( b ), the person 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 12 months or to both. (5) Subsection (4) does not apply if the document, statement or information is not false or misleading in a material particular, or if the statement or information does not omit any matter or thing without which the statement or information (as the case may be) is misleading in a material particular. (6) A person — ( a ) who intentionally alters, suppresses or destroys any document or information which the person has been required by or under subsection (2) to produce or provide; or ( b ) who, in providing any document or information required by or under subsection (2), makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular, 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 12 months or to both. (7) A person who, without reasonable excuse, fails to do anything required of the person under subsection (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. (8) A person is not excused from giving any information required under this section on the ground that the giving of the information might tend to incriminate the person or expose the person to a punishment. (9) However, where a person claims, before giving any information that the person is required under this section to give, that the giving of the information might tend to incriminate the person — ( a ) that information; ( b ) the giving of the information; and ( c ) any information, document or thing obtained as a direct or indirect consequence of the giving of the information, is not admissible in evidence against the person in any criminal proceedings other than proceedings for an offence under subsection (4) or (6)( b ) or section 43A. [Act 12 of 2020 wef 01/01/2022]


document_id: bca-1989
provision_ref: s43A
chapter: PART 6 - MISCELLANEOUS
section: 43A
title: Providing documents false in a material particular
content:
43A. Any person who, being required by or by virtue of this Act or any subsidiary legislation made under this Act to make or produce to the Commissioner of Building Control any plan, declaration, certificate, report, record, notice or other document, or who, for the purpose of obtaining any licence, permit, registration, waiver or approval from the Commissioner of Building Control, or for the purpose of the lodgment of any plans with the Commissioner of Building Control, under this Act or its subsidiary legislation or for the purpose of establishing any fact relevant to the administration of this Act or its subsidiary legislation — ( 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 $20,000 or to imprisonment for a term not exceeding 12 months or to both. [22/2012] [Act 12 of 2020 wef 09/12/2022] [Act 23 of 2023 wef 18/12/2023]


document_id: bca-1989
provision_ref: s44
chapter: PART 6 - MISCELLANEOUS
section: 44
title: Powers of arrest
content:
44. —(1) A police officer may arrest without warrant any person who has committed, or whom the police officer reasonably suspects to have committed, an offence under this Act or any subsidiary legislation made under this Act — ( a ) if the person declines to give the person’s name and address; or ( b ) if there is reason to doubt the accuracy of the name and address, if given. [22/2012] (2) A person arrested under this section may be detained until the person’s name and address are correctly ascertained except that no person so arrested is to be detained longer than is necessary for bringing the person before a court unless the order of a court for the person’s detention is obtained.


document_id: bca-1989
provision_ref: s45
chapter: PART 6 - MISCELLANEOUS
section: 45
title: Evidence
content:
45. —(1) 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. [22/2012] (1A) 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. (2) 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. (3) 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. [22/2012] (4) 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.


document_id: bca-1989
provision_ref: s46
chapter: PART 6 - MISCELLANEOUS
section: 46
title: Jurisdiction of Courts
content:
46. Despite the provisions of the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has power to impose the maximum penalties provided for an offence under this Act.


document_id: bca-1989
provision_ref: s47
chapter: PART 6 - MISCELLANEOUS
section: 47
title: General penalty
content:
47. 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 $10,000 or to imprisonment for a term not exceeding 6 months or to both. [47/2007]


document_id: bca-1989
provision_ref: s47A
chapter: PART 6 - MISCELLANEOUS
section: 47A
title: Disposal of articles, documents, etc.
content:
47A. —(1) Any article or document detained or seized under this Act — ( a ) where the article or document is produced in any criminal trial, must be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010 * ; ( b ) where the owner of the article or document consents to its disposal, is deemed to be forfeited; or ( c ) in any other case, must be returned to the owner or reported to a Magistrate’s Court. [*Updated to be consistent with the 2020 Revised Edition] (2) Where the report of any article or document is made to a Magistrate’s Court under subsection (1)( c ), the Magistrate’s Court may order the article or document — ( a ) to be forfeited; or ( b ) to be disposed of in such manner as the Magistrate’s Court thinks fit. (3) Subject to any order to the contrary by the Magistrate’s Court, any article or document forfeited or deemed to be forfeited under this section must be delivered to the Commissioner of Building Control and may be disposed of in such manner as the Commissioner of Building Control thinks fit. (4) This section does not affect any right to retain or dispose of property which may exist in law apart from this section. (5) To avoid doubt, this section applies to an article or a document whenever produced, detained or seized under this Act, whether before, on or after the date of commencement of section 43 of the Building Control (Amendment) Act 2020. [Act 12 of 2020 wef 01/01/2022]


document_id: bca-1989
provision_ref: s48
chapter: PART 6 - MISCELLANEOUS
section: 48
title: Composition of offences
content:
48. —(1) The Commissioner of Building Control may compound any offence under this Act or any subsidiary legislation made under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. [47/2007] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [47/2007] (3) The Minister may make regulations to prescribe the offences which may be compounded. [47/2007] (4) All sums collected under this section must be paid into the Consolidated Fund. [47/2007] [Act 12 of 2020 wef 01/01/2022]


document_id: bca-1989
provision_ref: s49
chapter: PART 6 - MISCELLANEOUS
section: 49
title: Regulations
content:
49. —(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 limiting 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, skysigns, 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 person may submit; ( ba ) the minimum or maximum number of qualified persons required or permitted to prepare the plans of any description of building works; [Act 23 of 2023 wef 18/12/2023] ( c ) the manner of making applications for and granting of approval of plans of building works and permits to carry out building works; ( caa ) the manner of lodgment of plans of lodgment works; [Act 23 of 2023 wef 18/12/2023] ( ca ) the establishing of objectives and performance requirements for the design and construction of buildings; ( d ) the structural strength and stability of buildings or proposed buildings, including — (i) precautions against overloading; (ii) measures to safeguard adjacent buildings; (iii) underpinning; ( e ) the design and construction of buildings, including — (i) the preparation of sites for building works; (ii) exterior features; (iii) the design and installation of any fixed installation; [Act 12 of 2020 wef 01/01/2022] (iv) the natural lighting and ventilation of buildings; (v) the headroom of rooms, cubicles and staircases and other spaces within buildings; (vi) the suitability and use of materials and components; (vii) environmental sustainability measures that improve the total quality of life and minimises adverse effects to the environment, both now and in the future; ( ea ) the minimum standards of environmental sustainability for buildings or classes or types of buildings, and the method by which such standards may be assessed; ( eb ) the manner in which an assessment of environmental sustainability of a building or an audit of the energy efficiency of a cooling system of a building is to be carried out; ( ec ) the qualifications required, and the application process, to be registered as an energy auditor and the grounds on which such registration may be cancelled or suspended; ( ed ) the preparation and submission of reports, certifications or other documents in relation to a design score, an as‑built score, an energy efficiency improvement plan or an energy audit under Part 3B; [Act 28 of 2024 wef 30/09/2025] ( f ) the demolition of buildings and the safety precautions to be taken in respect thereof; ( fa ) the reporting of dangerous occurrences (as defined in section 25A) in premises at which building works are carried out; ( g ) prohibiting or regulating the occupation of buildings; ( h ) the control and regulation of measures for energy conservation in buildings; ( i ) the provision of embankments and retaining walls; ( j ) measures to improve efficiency and standardisation in the construction industry relating to design, processes, construction techniques, products and materials; ( k ) the regulation of persons authorised to carry out installation of any exterior feature, including prescribing the qualifications and training of such persons, and their duties and responsibilities in connection with installing the exterior feature; [Act 12 of 2020 wef 01/10/2025] ( ka ) the regulation of a fa&#231;ade inspector within the meaning of Part 5, including the appointment of a fa&#231;ade inspector and the duties of a fa&#231;ade inspector in connection with a fa&#231;ade inspection; [Act 28 of 2024 wef 30/09/2025] ( l ) the regulation of the carrying out of any registrable activity within the meaning of Part 5B * with the aim of ensuring that such activity is carried out safely and competently, including — (i) requiring persons performing specified functions in relation to fixed installation works to be the holders of certain qualifications, and providing for the grant, issue, cancellation, suspension or variation of such licences, permits, certificates, authorisations or approvals; and (ii) applying the provisions of Parts 2 and 5 * and the building regulations to fixed installation works and persons who carry out these works with such prescribed exceptions, modifications and adaptations as the differences between fixed installation works and other building works require; [Act 12 of 2020 wef 09/12/2022] ( la ) the regulation of the operation and maintenance of any fixed installation, with the aim of ensuring that the fixed installation is operated safely and competently, including — (i) requiring periodic maintenance, inspection and testing of the fixed installation; and (ii) prohibiting or restricting, pending investigation, continued operation or access to or interference with any premises where any safety incident associated with a fixed installation has occurred; [Act 12 of 2020 wef 09/12/2022] ( lb ) the maintenance of buildings, exterior features and fa&#231;ades of buildings (whether or not common property or limited common property) with the aim of ensuring that the building, exterior feature or fa&#231;ade is safe; [Act 12 of 2020 wef 09/12/2022] ( m ) the control, regulation and supervision by registration, licensing, inspection or otherwise of places to which the public has access; ( n ) the prescribing of documents, books or records to be kept and reports or certificates to be made under this Act; ( o ) the time and manner of making, and the information and documents to be provided in respect of, an application for a temporary occupation permit and a certificate of statutory completion; ( p ) the manner in which the duties and responsibilities of accredited checkers and specialist accredited checkers are to be discharged; ( q ) the manner in which appeals may be made to and determined by the Minister under this Act and the information to be supplied by the Commissioner of Building Control in connection therewith; ( r ) the granting of permits for the erection, demolition and occupation and the control of buildings required for a limited time or constructed of short-lived materials; ( s ) the procedure for the sampling of building materials under section 33; ( t ) the prescribing of forms necessary for the administration of this Act; and ( u ) the prescribing of fees and charges for the purposes of this Act. [18/2003; 34/2004; 47/2007; 22/2012] [*Updated to be consistent with the 2020 Revised Edition] (2A) Regulations made under this section may provide that — ( a ) any particular objective and performance requirement for the design and construction of any building is deemed to be complied with if the building is constructed with such specifications, materials, designs or methods of construction as may be specified by the Commissioner of Building Control; and ( b ) the Commissioner of Building Control may issue in any form that he or she thinks fit, and from time to time amend, one or more Approved Documents setting out the specifications, materials, designs or methods of construction which are, without affecting any alternative means of achieving compliance, deemed to comply with the relevant objective and performance requirement for the design and construction of buildings prescribed in those regulations. [18/2003] (2B) The building regulations may make different provisions for different types of buildings, exterior features of buildings, fa&#231;ades of buildings, common property and limited common property, and fixed installations. [Act 12 of 2020 wef 01/01/2022] (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 $20,000 or imprisonment for a term not exceeding 12 months or with both. [47/2007; 22/2012]


document_id: bca-1989
provision_ref: s50
chapter: PART 6 - MISCELLANEOUS
section: 50
title: Adoption of codes and standards
content:
50. —(1) Any building regulations made under section 49 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 Enterprise Singapore Board; ( 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 Commissioner of Building Control; or ( c ) included in any document issued by any Government department or issued by any public authority constituted by any written law. [18/2002; 10/2018] (2) The Commissioner of Building Control must cause a copy of every code, standard, rule, specification or provision adopted under subsection (1) (other than a code, standard, rule, specification or provision recommended, issued or adopted by the Enterprise Singapore Board) to be made available for inspection by members of the public without charge at the office of the Commissioner of Building Control during normal office hours. [18/2002; 10/2018] (3) In any proceedings under the building regulations, a copy certified by the Commissioner of Building Control as a true copy of a code, standard, rule, specification or provision adopted under subsection (1) (other than a code, standard, rule, specification or provision recommended, issued or adopted by the Enterprise Singapore Board) is evidence of the code, standard, rule, specification or provision so adopted. [18/2002; 10/2018]


document_id: bca-1989
provision_ref: s51
chapter: PART 6 - MISCELLANEOUS
section: 51
title: Application of Act to Government
content:
51. —(1) Except as provided in subsection (2), this Act binds the Government and applies to — ( a ) any premises wholly or partly owned or occupied by the Government; and ( b ) any premises in which any building operation or any work of engineering construction is carried on by or on behalf of the Government. [47/2007] (2) Nothing in this Act renders the Government liable to prosecution for an offence. [47/2007] (3) To avoid doubt, no person is immune from prosecution for any offence under this Act by reason that the person is engaged to provide services to the Government. [47/2007]


document_id: bca-1989
provision_ref: s52
chapter: PART 6 - MISCELLANEOUS
section: 52
title: Presentation of order, notification and regulation to Parliament
content:
52. Any order, notification or building regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: bca-1989
provision_ref: s53
chapter: PART 6 - MISCELLANEOUS
section: 53
title: Transitional provisions
content:
53. —(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.


document_id: bcaa-1999
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Authority” means the Building and Construction Authority established under section 3; “Board” means the Construction Industry Development Board established under section 3 of the repealed Construction Industry Development Board Act (Cap. 51, 1985 Revised Edition); “Chairperson” means the Chairperson of the Authority and includes any acting Chairperson of the Authority; “Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity; “construction industry” means the industry concerning the carrying out of construction works and services; “construction works and services” includes all aspects of architectural, engineering, development and construction works and services including such other related production, design and consultancy works and services which result in the construction, maintenance, retrofitting, repair or removal of all types of buildings and infrastructure; “Deputy Chairperson” means the Deputy Chairperson of the Authority; “member” means a member of the Authority. [5/2018]


document_id: bcaa-1999
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 3
title: Establishment and incorporation of Authority
content:
3. A body called the Building and Construction Authority is established, which is a body corporate with perpetual succession and a common seal and is, by that name, capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and ( c ) doing and suffering all such other acts or things as a body corporate may lawfully do and suffer.


document_id: bcaa-1999
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 4
title: Common seal
content:
4. —(1) All deeds and other documents requiring the seal of the Authority must be sealed with the common seal of the Authority and all instruments to which the common seal is affixed must be signed by any 2 members generally or specially authorised by the Authority for the purpose or by one member and the Chief Executive. (2) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Authority affixed to any document and presume that it was duly affixed.


document_id: bcaa-1999
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 5
title: Membership of Authority
content:
5. —(1) The Authority consists of — ( a ) a Chairperson; ( b ) a Deputy Chairperson; and ( c ) not less than 5 but not more than 12 other members, all of whom must be appointed by the Minister. (2) The Minister may appoint the Chief Executive to be a member of the Authority.


document_id: bcaa-1999
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 6
title: Term of office of members
content:
6. —(1) A member of the Authority holds office for the term not exceeding 3 years that the Minister specifies in the appointment, and may be re‑appointed. (2) Any member of the Authority may at any time by written notice to the Minister resign his or her office. (3) The Minister may, at any time, revoke the appointment of any member without giving any reason. (4) If a member dies or resigns or has his or her appointment revoked, the Minister may appoint a person to fill the vacancy for the remainder of the term for which the vacating member was appointed. (5) The Authority must pay to the Chairperson, the Deputy Chairperson and other members of the Authority such salaries, fees and allowances as the Minister may determine.


document_id: bcaa-1999
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 7
title: Meetings and proceedings of Authority
content:
7. —(1) The quorum at every meeting of the Authority is the higher of the following: ( a ) one-third of the total number of members; ( b ) 3 members. [25/2009] (2) The Chairperson or, in his or her absence, the Deputy Chairperson presides at all meetings of the Authority and, in their absence, the members present must elect one of their number to preside. (3) Meetings of the Authority must be held at such times and places as the Chairperson may determine. (4) All questions arising at any meeting must be decided by a majority of votes of the members present and voting. (5) At any meeting of the Authority, the Chairperson or, in his or her absence, the Deputy Chairperson has a deliberative vote and, in the case of an equality of votes, he or she also has a casting vote. (6) The validity of any proceedings of the Authority is not affected by any vacancy among its members or by any defect in the appointment of any member. (7) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Authority may regulate its own proceedings. [5/2018]


document_id: bcaa-1999
provision_ref: s8
chapter: PART 3 - FUNCTIONS AND POWERS OF AUTHORITY
section: 8
title: Functions of Authority
content:
8. —(1) Subject to the provisions of this Act, the functions and duties of the Authority are — ( a ) to promote the development, improvement and expansion of the construction industry including the use of advanced technology in the construction industry; ( b ) to advise and make recommendations to the Government on matters affecting or connected with the construction industry and on the control of building works and the safety of buildings; ( c ) to raise standards and efficiency in the construction industry by encouraging the standardisation and improvement of construction processes, techniques, products and materials; ( d ) to promote good procurement methods and practices in the construction industry and advise and assist the Government in the procurement of construction works and services; ( e ) to provide consultancy and advisory services related to the construction industry; ( f ) to promote the advancement of skills and expertise of persons in the construction industry; ( g ) to raise the professionalism and capabilities of firms in the construction industry; ( h ) to promote the adoption of internationally recognised quality management systems in the construction industry; ( i ) to facilitate the supply of essential construction materials and secure and manage land and facilities related to their import and production; ( j ) to promote and carry out research for the development and improvement of the construction industry and in respect of the building control system, building codes and regulations, building maintenance and management, energy usage in buildings and other matters related to or incidental to the functions of the Authority; ( k ) to promote the efficient use of energy in buildings and to advise the Government on the measures and regulations to be implemented; ( l ) to provide a search service for searches on building records and plans; and ( m ) to carry out any other functions imposed upon the Authority by or under this Act or any other written law. (2) In addition to the functions and duties imposed by subsection (1), the Authority may undertake such other functions and duties as the Minister may in writing assign to the Authority and, in so doing, the Authority is deemed to be fulfilling the purposes of this Act and the provisions of this Act apply to the Authority in respect of such functions and duties. (3) The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018. [9 [5/2018]


document_id: bcaa-1999
provision_ref: s9
chapter: PART 3 - FUNCTIONS AND POWERS OF AUTHORITY
section: 9
title: Powers of Authority
content:
9. The Authority has power to do anything for the purpose of discharging its functions under this Act, or which is incidental or conducive to the discharge of those functions and, in particular, may — ( a ) prescribe standards for the construction industry in relation to design, processes, construction techniques, products and materials; ( b ) promote and assist in the export of construction works and services; ( c ) own, lease, manage, let or sell lands, buildings and other property as the Authority may consider necessary for the discharge of its duties and functions; ( d ) collect, analyse, compile, publish and disseminate information of a statistical nature relating to the construction industry and on all matters relating to building control, maintenance and management of buildings or such other subject matters as may be necessary for the performance of the functions of the Authority; ( e ) prescribe training requirements for the construction industry, provide training, conduct tests and award diplomas and certificates of proficiency; ( f ) register construction tradesmen, construction foremen and construction supervisors of suitable qualifications and experience with a view to raising standards of performance in construction services in Singapore; ( g ) collaborate with other companies or institutions to organise seminars, workshops, conferences, courses or other training programmes and share profits; ( h ) provide technical advice or assistance, including training facilities, to personnel of related organisations in other countries; ( i ) provide financial assistance in the form of grants, loans or otherwise to persons, firms or companies in the construction industry and provide any guarantee on their behalf; ( j ) enter into a partnership or an arrangement for the sharing of profits; ( k ) charge fees or commissions for services rendered by the Authority; ( l ) carry out publicity in any form; ( m ) form or participate in the formation of a company to perform or carry out any of the functions of the Authority; ( n ) receive donations and contributions from any source and raise funds by all lawful means; ( o ) provide training for officers or employees of the Authority and award scholarships or otherwise pay for such training; ( p ) provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers or employees of the Authority and members of their families; ( q ) grant loans to officers or employees of the Authority for any purpose specifically approved by the Authority as are likely to increase the efficiency of officers or employees; and ( r ) do anything incidental to any of its powers. [10


document_id: bcaa-1999
provision_ref: s10
chapter: PART 3 - FUNCTIONS AND POWERS OF AUTHORITY
section: 10
title: Committees
content:
10. —(1) The Authority may appoint, alter and discharge committees, consisting of one or more persons (whether members of the Authority or not), and define and vary the terms of reference of those committees. (2) Subject to this Act and any regulations made under this Act, the Public Sector (Governance) Act 2018 and to the control of the Authority, each committee appointed under this section may regulate its procedure in such manner as it thinks fit. [11 [5/2018]


document_id: bcaa-1999
provision_ref: s11
chapter: PART 3 - FUNCTIONS AND POWERS OF AUTHORITY
section: 11
title: Delegation of powers
content:
11. —(1) The Authority may, in respect of a specified matter or class of matters, by writing delegate any of its powers to a member, officer or committee of the Authority. [5/2018] (2) Every member, officer or committee purporting to act pursuant to a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation. (3) A delegation under this section is revocable at will. [12 [5/2018]


document_id: bcaa-1999
provision_ref: s12
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 12
title: Chief Executive, officers and employees, etc.
content:
12. —(1) There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [13 [5/2018]


document_id: bcaa-1999
provision_ref: s13
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 13
title: Protection from personal liability
content:
13. No suit or other legal proceedings shall lie personally against any member, officer or employee of the Authority or other person acting under the direction of the Authority for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law. [14


document_id: bcaa-1999
provision_ref: s14
chapter: PART 5 - FINANCIAL PROVISIONS
section: 14
title: Financial year
content:
14. The financial year of the Authority begins on 1 April of each year and ends on 31 March of the succeeding year. [16


document_id: bcaa-1999
provision_ref: s15
chapter: PART 5 - FINANCIAL PROVISIONS
section: 15
title: Minister’s approval of estimates
content:
15. —(1) A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Authority, be sent without delay to the Minister. [5/2018] (2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates. [5/2018] (3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Authority, and the Authority is bound by the Minister’s decision. [17 [5/2018]


document_id: bcaa-1999
provision_ref: s16
chapter: PART 5 - FINANCIAL PROVISIONS
section: 16
title: Grants-in-aid
content:
16. For the purpose of enabling the Authority to carry out its functions under this Act, the Minister may make grants‑in‑aid to the Authority of such sums of money, as the Minister may determine, out of moneys to be provided by Parliament. [18


document_id: bcaa-1999
provision_ref: s17
chapter: PART 5 - FINANCIAL PROVISIONS
section: 17
title: Loans
content:
17. The Authority may for the purposes of this Act raise loans from the Government or, with the Minister’s consent, from any other source. [19


document_id: bcaa-1999
provision_ref: s18
chapter: PART 5 - FINANCIAL PROVISIONS
section: 18
title: Issue of shares, etc.
content:
18. As a consequence of — ( a ) the vesting of any property, rights or liabilities of the Government in the Authority under this Act; or ( b ) any capital injection or other investment by the Government in the Authority in accordance with any written law, the Authority must issue such shares or other securities to the Minister for Finance as that Minister may from time to time direct. [19A


document_id: bcaa-1999
provision_ref: s19
chapter: PART 5 - FINANCIAL PROVISIONS
section: 19
title: Bank accounts and application of moneys
content:
19. —(1) The Authority must open and maintain an account or accounts with such bank or banks as the Authority thinks fit and every such account must be operated by such person or persons authorised to do so by the Authority. (2) The moneys of the Authority must be applied only in payment or discharge of the expenses, obligations and liabilities of the Authority and in making any payments that the Authority is authorised or required to make. (3) The Authority may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [20


document_id: bcaa-1999
provision_ref: s20
chapter: PART 6 - TRANSFER OF PROPERTY,
section: 20
title: Transfer to Authority of property, assets and liabilities
content:
20. —(1) As from 1 April 1999, any movable and immovable property vested in the Board, or in the Government that are determined by the Minister for Finance and used or managed by the Building Control Division of the Public Works Department and all assets, interests, rights, privileges, liabilities and obligations of the Board or of the Government relating to the Building Control Division of the Public Works Department are transferred to and vest in the Authority without further assurance, act or deed. (2) If any question arises as to whether any particular property, or whether any particular asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Authority under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested. (3) Any immovable property to be transferred to and vested in the Authority under subsection (1) is to be held by the Authority upon such tenure and subject to such terms and conditions as the President may determine. [25


document_id: bcaa-1999
provision_ref: s21
chapter: PART 6 - TRANSFER OF PROPERTY,
section: 21
title: Transfer of employees
content:
21. —(1) As from 1 April 1999, all persons employed immediately before that date by the Board and in the Building Control Division of the Public Works Department are transferred to the service of the Authority on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) Until such time as terms and conditions of service are drawn up by the Authority, the scheme and terms and conditions of service in the Board or the Government (as the case may be) continue to apply to every person transferred to the service of the Authority under subsection (1) as if he or she were still in the employment of the Board or the Government. [26


document_id: bcaa-1999
provision_ref: s22
chapter: PART 6 - TRANSFER OF PROPERTY,
section: 22
title: Pension rights, etc., of Government employees to be preserved
content:
22. —(1) The terms and conditions to be drawn up by the Authority must take into account the terms and conditions of service (including salaries and accrued rights to leave) enjoyed by the persons transferred to the service of the Authority under section 21 while in the employment of the Board or the Government. (2) Any term or condition relating to the length of service with the Authority must recognise the length of service of the persons so transferred while in the employment of the Board or the Government to be service with the Authority. (3) Nothing in the terms and conditions to be drawn up by the Authority is to adversely affect the conditions that would have been applicable to persons transferred to the service of the Authority as regards any pension, gratuity or allowance payable under the Pensions Act 1956. (4) In every case, where a person has been transferred to the service of the Authority under section 21, the Government is liable to pay to the Authority such portion of any pension, gratuity or allowance payable to such person on his or her retirement as the same bears to the proportion which the aggregate amount of the person’s pensionable emoluments during his or her service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the Authority. (5) Where any person in the service of the Authority, whose case does not fall within the scope of any pension or other schemes established under this section, retires or dies in the service of the Authority or is discharged from such service, the Authority may grant to the person or to such other person or persons wholly or partly dependent on the person, as the Authority thinks fit, such allowance or gratuity as the Authority may determine. [27


document_id: bcaa-1999
provision_ref: s23
chapter: PART 6 - TRANSFER OF PROPERTY,
section: 23
title: No benefits in respect of abolition or reorganisation of office
content:
23. Despite the provisions of the Pensions Act 1956, no person who is transferred to the service of the Authority under section 21 is entitled to claim any benefit under that Act on the ground that he or she has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the Authority. [28


document_id: bcaa-1999
provision_ref: s24
chapter: PART 6 - TRANSFER OF PROPERTY,
section: 24
title: Existing contracts
content:
24. All deeds, bonds, agreements, instruments and arrangements, subsisting immediately before 1 April 1999 to which the Board or the Government is a party and relating to the Building Control Division of the Public Works Department or to any person transferred to the service of the Authority under section 21 continue in force on and after that date and are enforceable by or against the Authority as if the Authority had been named therein or had been a party thereto instead of the Board or the Government. [29


document_id: bcaa-1999
provision_ref: s25
chapter: PART 6 - TRANSFER OF PROPERTY,
section: 25
title: Continuation and completion of disciplinary proceedings
content:
25. —(1) Where on 1 April 1999 any disciplinary proceedings were pending against any employee of the Board or the Government transferred to the service of the Authority, the proceedings are to be carried on and completed by the Authority; but where on 1 April 1999 any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order or decision had been rendered thereon, the committee is to complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date. (2) Any order, ruling or direction made or given by a committee pursuant to this section must be treated as an order, a ruling or a direction of the Authority and have the same force or effect as if it had been made or given by the Authority pursuant to the authority vested in the Authority under this Act. [30


document_id: bcaa-1999
provision_ref: s26
chapter: PART 6 - TRANSFER OF PROPERTY,
section: 26
title: Misconduct or neglect of duty by employee before transfer
content:
26. The Authority may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, while the person was in the employment of the Board or the Government, been guilty of any misconduct or neglect of duty which would have rendered the person liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if the person had continued to be in the employment of the Board or the Government (as the case may be) and if this Act had not been enacted. [31


document_id: bcaa-1999
provision_ref: s27
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 27
title: Interpretation of this Part
content:
27. In this Part, unless the context otherwise requires — “assisting officer” means a public officer or an employee of a public authority who is not a police officer, an officer of customs or an immigration officer, but who has been authorised by the Authority by name to assist an enforcement officer; “authorised analyst” means any person (who is not an employee of the Authority) or body of persons designated by the Authority under section 39 as authorised to carry out any inspection, examination and certification of any essential construction material under this Part and includes any enforcement officer; “building works” has the meaning given by the Building Control Act 1989; “consignment”, in relation to any essential construction material, means essential construction material of a particular kind that comprises a single lot imported by the same owner at the same time; “container” includes — ( a ) a case, box, bag, wrapper or material of any kind used or intended to be used to cover, contain or package something, whether or not designed for that purpose; and ( b ) a bulk container, or any means of bulk transport, used or intended to be used to cover, contain or package something; “conveyance” means any vessel, vehicle or aircraft; “enforcement officer” means — ( a ) the Chief Executive; or ( b ) an employee of the Authority appointed by the Chief Executive to be an enforcement officer for the purposes of this Part; “essential construction material” means any of the following materials which are suitable for use in any building works, street works or railway works in Singapore and the domestic supply of which is short: ( a ) granite; ( b ) sand; ( c ) such rocks, minerals or other construction materials (whether manufactured or otherwise) as the Minister may, by notification in the Gazette , declare to be essential construction material; “granite” means — ( a ) granite slabs or blocks extracted or won from naturally occurring mineral deposits and suitable (if crushed) for use as primary aggregate in any building works, street works or railway works in Singapore; or ( b ) granite aggregate, gravel, stones or overburden of such prescribed dimensions that are extracted or won from mineral sources, which have been subject to nothing more than crushing and sizing or other physical processing, and suitable for use, either on their own or with the addition of cement or other binder, in any building works, street works or railway works in Singapore; “immigration officer” means any person appointed under section 3 of the Immigration Act 1959; “import” means to bring or cause to be brought into Singapore by land, water or air from any place which is outside Singapore, but does not include the bringing into Singapore of essential construction material which is to be taken out of Singapore on the same conveyance on which it was brought into Singapore without any landing or transhipment within Singapore; “import permit” means an import permit granted under section 34 to import a particular consignment of essential construction material; “isolation order” means an order issued or deemed to be issued under section 36 in respect of a consignment of essential construction material; “licence” means a licence granted under section 31 to carry on the business of importing essential construction material specified in the licence; “licensee” means a person who holds a valid licence; “occupier” means — ( a ) in relation to any premises or conveyance — the person in occupation of the premises or conveyance or having the charge, management or control of the premises or conveyance; and ( b ) in relation to any part of any premises, different parts of which are occupied by different persons — the person in occupation or having the charge, management or control of that part; “officer of customs” has the meaning given by the Customs Act 1960; “procure” means to acquire (by purchase or exchange) and to import essential construction materials; “railway works” means any works for the construction, reconstruction or realignment, or the permanent improvement of a railway; “sand” means any sand or gravel that is suitable for use as fine aggregate in any building works, street works or railway works in Singapore, but excludes any unwashed or unprocessed marine-dredged sand or gravel; “site”, in relation to any essential construction material, means any land or land underwater outside Singapore — ( a ) from which granite is extracted or won by blasting, sorting, breaking, loading and transporting, whether the processes are executed by manual labour or mechanical means; ( b ) on which persons are employed in any process for or incidental to the getting, dressing or preparation for the sale or otherwise of sand; or ( c ) from which any other essential construction material is extracted or won; “storage permit” means any storage permit granted under section 35 in respect of such premises as may be specified in the storage permit; “street works” has the meaning given by the Street Works Act 1995; “supply”, in relation to any essential construction material, means to transfer possession of the essential construction material by any means whether or not for reward, and includes –– ( a ) to sell the essential construction material, whether by retail, wholesale or auction; ( b ) to transfer possession of the essential construction material by exchange, gift, lease or loan; ( c ) to supply the essential construction material in connection with a contract for the provision of any goods or the performance of any service; and ( d ) to offer, agree or attempt to supply the essential construction material in any of the ways described in paragraph ( a ), ( b ) or ( c ) or to cause or permit the essential construction material to be so supplied; “vehicle” means a conveyance that is designed to be propelled or drawn by any means (whether or not capable of being so propelled or drawn) and includes — ( a ) any aircraft, trailer, bicycle or other pedal-powered vehicle; and ( b ) any train, railway locomotive, wagon or carriage, and includes a part of any of the above; “vessel” means any kind of craft used in navigation by sea or water, however propelled or moved, and includes — ( a ) a barge, lighter or other floating vessel; or ( b ) a vessel engaged in a towing operation or in any dredging, surveying or underwater operations, and includes a part of any of the above. [31A


document_id: bcaa-1999
provision_ref: s28
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 28
title: Licence required for importing essential construction materials
content:
28. —(1) Subject to the provisions of this Part, a person must not carry on any business of importing any essential construction material unless the person is authorised to do so under a valid licence. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. (3) This section does not prevent a corporation or limited liability partnership that ceases to have in force a licence from carrying on any activity necessary to the winding up of the corporation or limited liability partnership. [31B


document_id: bcaa-1999
provision_ref: s29
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 29
title: Import permit required for every consignment
content:
29. —(1) Subject to the provisions of this Part, a licensee must not import any essential construction material unless — ( a ) the import of each consignment of essential construction material by the licensee is authorised by an import permit and is carried out in accordance with the conditions of the import permit; and ( b ) the whole consignment conforms to the description in the import permit. (2) Any licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 2 years or to both. (3) In any proceedings for an offence under subsection (2), it is a defence for the accused to prove — ( a ) that the commission of the offence was due to the act or default of another person or to some other cause beyond the accused’s control; and ( b ) that the accused took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by the accused or by any person under the accused’s control. (4) If in any case the defence provided by subsection (3) involves the allegation that the commission of the offence was due to the act or default of another person, the accused is not, without the permission of the court, entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, the accused has served on the prosecutor a written notice giving such information as was then in the accused’s possession identifying or assisting in the identification of that other person. [31C [Act 25 of 2021 wef 01/04/2022]


document_id: bcaa-1999
provision_ref: s30
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 30
title: Isolation and storage of imported essential construction material
content:
30. —(1) Any licensee who imports any consignment of essential construction material (whether or not under an import permit) must not — ( a ) use or permit to be used the essential construction material or any part thereof in any building works, street works or railway works in Singapore; or ( b ) supply or permit to be supplied to another person the essential construction material, knowing or having reasonable cause to believe that the essential construction material is to be used in any building works, street works or railway works in Singapore, for so long as the consignment is subject to an isolation order. (2) Any licensee must not use any premises to store any consignment of essential construction material that he or she imports and is subject to an isolation order except — ( a ) in or on premises that are authorised for such use under a storage permit granted by the Authority; ( b ) in such quantities (if any) and in such manner and subject to such conditions as may be prescribed in relation to such essential construction material; and ( c ) in accordance with every condition of that storage permit granted. (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [31D Division 2 &#x2014; Applications for licences, import permits
and storage permits


document_id: bcaa-1999
provision_ref: s31
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 31
title: Application for licence
content:
31. —(1) Every application for a licence or for a renewal of a licence must be made to the Authority in the prescribed manner and accompanied by the appropriate application fee prescribed. (2) An applicant for a licence or for a renewal of a licence must, at the request of the Authority, provide any further information or evidence that the Authority may require to decide the application. (3) Upon receiving an application for a licence or for a renewal of a licence under subsection (1), the Authority must consider the application and, subject to section 40(7)( c ), may — ( a ) grant a licence or a renewal of a licence, with or without conditions; or ( b ) refuse to grant any such licence or renewal of such licence. (4) To avoid doubt, a licence does not authorise its holder — ( a ) to use in any building works, street works or railway works in Singapore; or ( b ) to supply to any other person, any essential construction material imported by the holder. (5) Every licence is, unless earlier revoked, valid for such period as may be specified in the licence (being not longer than 24 months) and, upon its expiry, the licence may be renewed. (6) Any person who, in making an application for a licence — ( a ) makes any statement or provides any document which the person knows to be false or does not believe to be true; or ( b ) by the intentional suppression of any material fact, provides information which is misleading, 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 12 months or to both. [31E


document_id: bcaa-1999
provision_ref: s32
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 32
title: Who may be licensed
content:
32. —(1) A person who applies for a licence is eligible to be granted a licence if, and only if — ( a ) the person is not a company limited by guarantee or a corporation sole; ( b ) the Authority is satisfied that the person is duly authorised to carry on the business of an importer of essential construction materials; and ( c ) the person provides a procurement plan regarding the import of essential construction materials, stating — (i) the types of essential construction materials proposed to be procured by that person; (ii) the respective sites from which the essential construction materials are to be extracted or won; (iii) the methods or practices to be applied by that person in procurement; (iv) the risks (including assessments of the risks) of any disruption occurring to the import of the relevant essential construction materials from the markets from which the relevant essential construction materials are to be procured; and (v) any plan of action (including preventive strategies) for the purpose of ensuring, so far as is reasonably practicable, that the person can still provide a secure and reliable supply in Singapore of the relevant essential construction materials of acceptable quality or of otherwise reducing or mitigating the effect of any disruption to the supply of the relevant essential construction materials from any such market from which the relevant essential construction materials are to be procured. (2) In deciding whether to grant a licence, the Authority may make inquiries and investigations that are reasonable and appropriate in the circumstances so as to be satisfied as to — ( a ) the general character of the management of the applicant; ( b ) the financial condition of the applicant; ( c ) the experience and resources of the applicant in providing a secure and reliable supply in Singapore of essential construction materials of acceptable quality; and ( d ) whether the public interest will be served by the granting of the licence. (3) The Authority may require an applicant for a licence to satisfy the Authority that the applicant has sufficient material and financial resources available to enable the applicant to meet the applicant’s financial obligations as and when they become due, and may refuse to grant a licence to an applicant who fails to so satisfy it. [31F


document_id: bcaa-1999
provision_ref: s33
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 33
title: Conditions of licence
content:
33. —(1) The Authority may — ( a ) grant a licence subject to such conditions as the Authority thinks fit, including but not limited to the conditions necessary or related to ensuring a secure and reliable supply in Singapore of essential construction materials of acceptable quality; and ( b ) at any time modify any existing conditions of such a licence or impose additional conditions. (2) Before modifying the conditions of a licence under this section, the Authority must give notice to the licensee concerned — ( a ) stating that the Authority proposes to make the modification in the manner specified in the notice; and ( b ) specifying the time (being at least 14 days from the date the notice is served on the licensee concerned) within which written representations with respect to the proposed modification may be made. (3) Upon receipt of any written representation mentioned in subsection (2)( b ), the Authority must — ( a ) consider the representation and may reject the representation or amend the proposed modification in accordance with the representation, or otherwise; and ( b ) in either event mentioned in paragraph ( a ), thereupon issue a written direction to the licensee concerned requiring that effect be given to the proposed modification specified in the notice or to such modification as subsequently amended by the Authority within a reasonable time. [31G


document_id: bcaa-1999
provision_ref: s34
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 34
title: Application for import permit
content:
34. —(1) Every application for an import permit to import any consignment of essential construction material must — ( a ) be made to the Authority in the prescribed manner; ( b ) be accompanied by the appropriate application fee prescribed; and ( c ) be accompanied by the following unless the Authority waives the requirement: (i) such maps, particulars and other information as to the site from which the essential construction material is or is to be extracted or won; (ii) a statutory declaration by or on behalf of the licensee verifying any information contained in or relating to the application; (iii) such samples of the essential construction material to be imported and such other documents relating thereto as may be prescribed. (2) The licensee applying for an import permit to import a consignment of essential construction material must, at the request of the Authority — ( a ) arrange, at the licensee’s own cost, for samples of the essential construction material to be evaluated for the purposes of this Part; and ( b ) provide any further information or evidence that the Authority may require to decide the application. (3) The evaluation mentioned in subsection (2)( a ) may be carried out by — ( a ) an authorised analyst in Singapore; or ( b ) a body or an organisation outside Singapore that is recognised by the Authority. (4) Upon receiving an application for an import permit under subsection (1), the Authority must consider the application and the report of the evaluation mentioned in subsection (2)( a ) relating to the essential construction material to be imported, and may — ( a ) grant an import permit, with or without conditions, in respect of that consignment; or ( b ) refuse to grant any such import permit. (5) Despite subsection (4), the Authority must refuse to grant an import permit to any licensee whose licence is suspended or who is the subject of any proceedings under section 40. (6) Every import permit is, unless earlier cancelled, valid for such period as may be specified in the import permit (being not longer than 14 days) and may be extended. (7) To avoid doubt, an import permit to import any consignment of essential construction material does not authorise the holder of the import permit — ( a ) to use in any building works, street works or railway works in Singapore; or ( b ) to supply to another person, the essential construction material imported under that import permit, except in accordance with this Part. (8) Any person who, in making an application for an import permit — ( a ) makes any statement or provides any document which the person knows to be false or does not believe to be true; or ( b ) by the intentional suppression of any material fact, provides information which is misleading, 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 12 months or to both. [31H


document_id: bcaa-1999
provision_ref: s35
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 35
title: Application for storage permit
content:
35. —(1) Every application by a licensee for a storage permit in respect of any premises for storing essential construction material that is subject to an isolation order must be made to the Authority in the prescribed manner. (2) An applicant for a storage permit must, at the request of the Authority, provide any further information or evidence that the Authority may require to decide the application. (3) Upon receiving an application for a storage permit in respect of any premises under subsection (1), the Authority must consider the application and may — ( a ) grant a storage permit, with or without conditions; or ( b ) refuse to grant any such storage permit. (4) Before granting a licensee any storage permit in respect of any premises, the Authority may — ( a ) inspect the premises, or cause such premises to be inspected by an enforcement officer with a view to its suitability to be authorised for use to store essential construction material that is subject to an isolation order; ( b ) require the licensee to make, at the licensee’s own expense, such alterations or improvements to the premises, or to provide, fix or install such facilities in the premises, as the Authority may specify; and ( c ) require the licensee to furnish a cash security deposit or a bank guarantee not exceeding the prescribed amount to secure the performance or due observance by the licensee of any condition of the storage permit. (5) Every storage permit is, unless earlier cancelled, valid for such period as may be specified in the storage permit (being not longer than 3 months) except that such period may be extended by the Authority before the expiry of the storage permit in any particular case. (6) Any person who, in making an application for any storage permit — ( a ) makes any statement or provides any document which the person knows to be false or does not believe to be true; or ( b ) by the intentional suppression of any material fact, provides information which is misleading, 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 12 months or to both. [31I Division 3 &#x2014; Isolation and evaluation of
imported essential construction materials


document_id: bcaa-1999
provision_ref: s36
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 36
title: Isolation of imported essential construction material upon entry
content:
36. —(1) The Authority may issue an isolation order in respect of any imported consignment of essential construction material upon its entry into Singapore. (2) Except as provided in subsection (3), every consignment of essential construction material imported (whether or not under an import permit) is, upon its entry into Singapore, deemed subject to an isolation order until the Authority lifts the isolation order in accordance with section 38. (3) Despite subsection (2), the Authority or an enforcement officer may, before the entry into Singapore of a consignment of essential construction material, by written notice to the licensee importing the consignment waive the application of subsection (2) in respect of that consignment. (4) Upon the entry into Singapore of the consignment of essential construction material that is subject to an isolation order, the licensee importing that consignment must, before doing any of the following: ( a ) use or permit to be used the essential construction material or any part thereof in any building works, street works or railway works in Singapore; ( b ) supply or permit to be supplied to another person the essential construction material, knowing or having reasonable cause to believe that the essential construction material is to be used in any building works, street works or railway works in Singapore, isolate the consignment of the essential construction material at premises in respect of which a storage permit is granted, and arrange for a sample to be taken as soon as practicable from that consignment by any person acting by or under the authority of the Authority and for the sample to be evaluated by an authorised analyst for the purposes of this Part. (5) Where a licensee who has imported any essential construction material fails to comply with subsection (4), the licensee 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 12 months or to both. (6) An enforcement officer or assisting officer or any other person acting by or under the authority of the Authority may at any time take, without payment, sufficient samples of any essential construction material from a consignment thereof imported by a licensee (whether in any premises or in any conveyance that is being used to transport the consignment) for the purpose of evaluation by an authorised analyst for the purposes of this Part, regardless of whether that consignment is subject to an isolation order. (7) All samples of any material taken in accordance with subsection (4) or (6) must be taken and dealt with as prescribed. (8) The costs of and incidental to the evaluation of any essential construction material required by this section must be borne by the Authority. [31J


document_id: bcaa-1999
provision_ref: s37
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 37
title: Evaluation of essential construction material
content:
37. —(1) The evaluation of any essential construction material for the purposes of this Part must include such analysis, test or examination of the essential construction material as may be prescribed to determine the following matters: ( a ) the acid soluble sulphate content, the chloride content and the alkali-silica reactivity of the essential construction material; ( b ) whether the essential construction material is otherwise unsuitable, given its composition, for producing concrete for use in building works, street works or railway works in Singapore; ( c ) whether the essential construction material complies with such other requirements as may have been prescribed in relation thereto. (2) An evaluation of any essential construction material for the purposes of this Part may be carried out only by an authorised analyst. (3) An authorised analyst must, on completing an evaluation of any essential construction material for the purposes of this Part, issue to the Authority a certificate stating the authorised analyst’s findings, and submit a copy of that certificate to the Authority within the prescribed time. (4) Upon receiving any certificate of an authorised analyst under subsection (3) relating to any consignment of essential construction material imported by a licensee, the Authority must without delay consider the findings of the authorised analyst to determine whether the essential construction material is of acceptable quality for use in any building works, street works or railway works in Singapore. (5) Any quantity of any essential construction material found in any premises or in or on any conveyance at the time when a sample thereof is taken pursuant to the provisions of this Part is, until the contrary is proved, presumed to possess the same properties as the sample. [31K


document_id: bcaa-1999
provision_ref: s38
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 38
title: Failed construction materials
content:
38. —(1) This section applies to any essential construction material the quality of which the Authority determines is not acceptable for use in any building works, street works or railway works in Singapore (called hereafter failed construction material). (2) Where the Authority, after considering the findings of an authorised analyst in relation to any consignment of essential construction material imported by a licensee, is satisfied that the essential construction material is of acceptable quality for use in any building works, street works or railway works in Singapore, the Authority must by written notice to the licensee concerned immediately lift the isolation order (if any) to which the consignment of essential construction material is subject. (3) Where the Authority, after considering the findings of an authorised analyst, is of the view that a consignment of essential construction material imported by a licensee is failed construction material, the Authority may by written notice — ( a ) refuse to lift any isolation order in respect of the consignment; and ( b ) require the licensee to comply with subsection (4) or (5), as the case may be. (4) Where the failed construction material is a sample taken for evaluation under section 36(4), the licensee to whom a notice in subsection (3)( b ) is given must — ( a ) at the licensee’s own expense and within the prescribed time, remove from Singapore any remaining failed construction material in the licensee’s possession, and any other essential construction material (whether or not from the same consignment) extracted or won from the same site as that from which the failed construction material was extracted or won, or destroy or otherwise dispose of it in the prescribed manner; and ( b ) immediately cease to further import, supply or use in any building works, street works or railway works in Singapore the essential construction material extracted or won from the same site as that from which the failed construction material was extracted or won, except under such circumstances, in such manner and within such time as the Authority may approve. (5) Where the failed construction material is a sample taken for evaluation under section 36(6), the licensee to whom a notice in subsection (3)( b ) is given must, in addition to complying with the requirements of subsection (4)( a ) and ( b ), at the licensee’s own expense and within the prescribed time, notify in the prescribed manner — ( a ) every person to whom the licensee has supplied essential construction material between the day the consignment of failed construction material enters into Singapore and the seventh day after the Authority receives the authorised analyst’s certificate relating to that consignment (both days inclusive); and ( b ) the Authority of the identity and business address of every such person in paragraph ( a ) so notified. (6) Where a licensee to whom subsection (4) or (5) applies fails to remove the failed construction material and other essential construction material from Singapore or destroy or otherwise dispose of it in accordance with the manner prescribed — ( a ) an enforcement officer or assisting officer may take such steps as he or she thinks fit to secure the removal, destruction or disposal of the failed construction material and other essential construction material; and ( b ) the Authority may recover from that licensee (as a debt due to the Authority) any costs and expenses reasonably incurred by the enforcement officer or assisting officer in doing so. (7) Subsection (4)( b ) does not prejudice the enforcement by any person of any right or claim against a licensee on whom a direction under that subsection is served or by such a licensee of any right or claim against any person. (8) The licensee concerned must bear the costs of and incidental to any evaluation of any essential construction material required in connection with the licensee seeking the approval of the Authority under subsection (4)( b ). [31L


document_id: bcaa-1999
provision_ref: s39
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 39
title: Authorised analysts and evidence
content:
39. —(1) The Authority shall, by regulations, establish a scheme under which persons (who are not employees of the Authority) or bodies of persons may be designated as authorised analysts to carry out any evaluation of any essential construction material for the purposes of this Part, making provision for or with respect to the following: ( a ) the qualifications, skills, knowledge and experience required for such designation under this Part; ( b ) a code of conduct for authorised analysts; and ( c ) the grounds and circumstances for and under which such designation may be refused, suspended or revoked. (2) The Authority may, in accordance with the scheme established under subsection (1), designate any person (who is not an employee of the Authority) or body of persons in Singapore as authorised to carry out any evaluation of any essential construction material for the purposes of this Part. (3) A person must not exercise the functions of an authorised analyst under this Part or hold himself or herself out as one unless the person is designated by the Authority in accordance with the scheme established under subsection (1). (4) Any person who contravenes subsection (3) 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 12 months or to both. (5) Subject to subsection (6), in any proceedings for an offence under this Part, a certificate of an authorised analyst stating, in respect of any sample from a consignment of essential construction material, all or any of the following matters: ( a ) that the authorised analyst signing the certificate is designated by the Authority in accordance with the scheme established under subsection (1); ( b ) when and from whom the sample was received; ( c ) when the sample was analysed, tested or examined; ( d ) a description of the method of analysis, test or examination; ( e ) the results of the authorised analyst’s analysis, test or examination, is admissible as prima facie evidence of the matters stated in the certificate and of the correctness of the results of the analysis, test or examination. (6) A certificate mentioned in subsection (5) shall not be received in evidence under that subsection unless the person charged has been given — ( a ) a copy of the certificate; and ( b ) notice of the intention of the prosecution to produce the certificate as evidence in the proceedings, at least 10 clear days before the proceedings start. (7) Where an authorised analyst’s certificate is admitted in evidence under subsection (5), the person charged may require the authorised analyst to be called as a witness for the prosecution and the authorised analyst may be cross-examined as if the authorised analyst had given evidence of the matters stated in the certificate. [31M Division 4 &#x2014; Enforcement and monitoring powers


document_id: bcaa-1999
provision_ref: s40
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 40
title: Revocation of licences, etc.
content:
40. —(1) Subject to subsection (3), the Authority may, by order, revoke any licence if it is satisfied that — ( a ) the licensee has failed to comply with any condition imposed by the Authority under section 33; ( b ) the licence had been obtained by fraud or misrepresentation; ( c ) the licensee has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( d ) the licensee has been convicted of an offence under this Part; ( e ) the licensee has, without reasonable excuse, failed to comply with section 38(4) or (5), as the case may be; ( f ) the public interest or national security of Singapore so requires; or ( g ) the licensee has refused or failed to comply with an order of the Authority made under subsection (2)( b ) or ( d ). (2) The Authority may, in any case in which it considers that no cause of sufficient gravity for revoking any licence exists, by order do all or any of the following: ( a ) suspend the licence for a period not exceeding 6 months; ( b ) impose on the licensee concerned a financial penalty not exceeding $500,000; ( c ) censure the licensee concerned; ( d ) impose any other direction or restriction that the Authority considers appropriate on the licensee’s business as an importer of essential construction materials. (3) The Authority must not exercise its powers under subsection (1) or (2) unless an opportunity of being heard by a representative in writing or by counsel had been given to the licensee against which the Authority intends to exercise its powers, being a period of at least 7 and not more than 14 days. (4) Where the Authority has made an order under subsection (1) or (2) in respect of any licensee, the Authority must serve on the licensee concerned a notice of its order made under this section. (5) Subject to subsection (6), any order made by the Authority under subsection (1) or (2) takes effect on the expiry of 7 days after the Authority has served the order on the licensee concerned. (6) Where the licensee concerned has appealed under section 42 to the Minister against an order made by the Authority under subsection (2)( b ), the order does not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or withdrawn. (7) Where an order of revocation takes effect — ( a ) the Authority must cause notice of the revocation to be published in the Gazette ; ( b ) the importer concerned must, as from the date of the notice, cease to import any essential construction material except as may be approved by the Authority; and ( c ) the importer concerned is debarred from applying for or holding a licence for a period of 12 months after that revocation. (8) Subsection (7)( b ) does not prejudice the enforcement by any person of any right or claim against the corporation or limited liability partnership formerly licensed, or by the corporation or limited liability partnership formerly licensed, of any right or claim against any person. (9) In any proceedings under this section in relation to the conviction of a licensee for a criminal offence, the Authority is to accept the licensee’s conviction as final and conclusive. [31N


document_id: bcaa-1999
provision_ref: s41
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 41
title: Cancellation of import permits and storage permits
content:
41. —(1) The Authority may, after calling upon the licensee concerned to show cause within such reasonable time as the Authority may allow as to why the import permit granted in respect of any consignment of essential construction material to be imported should not be cancelled, by order cancel the import permit if the Authority has reasonable grounds to believe that — ( a ) the import permit had been obtained by fraud or misrepresentation; ( b ) the essential construction material is extracted or won from the same site from which any failed construction material is extracted or won; ( c ) the licensee’s licence is suspended or the licensee is the subject of any proceedings under section 40; ( d ) the essential construction material no longer complies with a prescribed requirement mentioned in section 37(1)( c ); or ( e ) it is in the public interest to do so. (2) Without affecting subsection (1), every import permit granted to any person is deemed cancelled upon the revocation of any licence granted to the same person. (3) The Authority may, after calling upon the licensee concerned to show cause within such reasonable time as the Authority may allow as to why the storage permit granted in respect of any premises should not be cancelled, by order cancel the storage permit if the Authority has reasonable grounds to believe that — ( a ) the storage permit had been obtained by fraud or misrepresentation; ( b ) any condition of the storage permit has been breached; or ( c ) any essential construction material subject to an isolation order is not stored at those premises in accordance with this Part or any regulations made under this Act. [31O


document_id: bcaa-1999
provision_ref: s42
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 42
title: Appeal to Minister
content:
42. —(1) Any person whose application for a licence, an import permit or a storage permit, or for the renewal of a licence, has been refused by the Authority may, within 14 days after being notified of such refusal, appeal in the prescribed manner to the Minister, whose decision is final. (2) Where a licence, an import permit or a storage permit granted by the Authority is subject to conditions, the licensee or holder of the permit concerned may, within 14 days after being notified of such conditions, appeal in the prescribed manner to the Minister, whose decision is final. (3) If the Authority has made any order — ( a ) under section 40 in respect of a licence or licensee; or ( b ) cancelling any import permit or storage permit under section 41(1) or (3), the person against whom such an order is made may, within 14 days after being served with the notice of the order, appeal to the Minister against the order, and the decision of the Minister is final. (4) In any appeal under this section in relation to the conviction of a licensee for a criminal offence, the Minister on appeal from any order of the Authority is to accept the licensee’s conviction as final and conclusive. [31P


document_id: bcaa-1999
provision_ref: s43
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 43
title: Monitoring and enforcement powers
content:
43. —(1) For the purpose of the administration and enforcement of this Part, any enforcement officer, officer of customs or immigration officer or, subject to subsection (12), any assisting officer may — ( a ) at any time and without warrant enter, inspect and search any premises that are being used, or that the officer concerned has reason to suspect are being used, for or in connection with any purpose that is in contravention of this Part; ( b ) at any time and without warrant stop, board, inspect and search any conveyance that is being used, or that the officer concerned has reason to suspect is being used, for or in connection with any purpose that is in contravention of this Part; ( c ) in accordance with such procedure as may be prescribed and without payment, take for evaluation a sample of any essential construction material that is found pursuant to an inspection or a search under paragraph ( a ) or ( b ); ( d ) seize any other substance or article which the officer concerned has reasonable cause to believe to be a substance or an article in relation to which, or by means of which, an offence under this Part is being or has been committed; ( e ) require any person — (i) to provide any information within the person’s knowledge; and (ii) to produce for inspection any shipping bill, bill of lading or other document or record within the person’s possession, that the officer concerned believes on reasonable grounds to be connected with any suspected contravention of this Part or to be otherwise relevant to the administration or enforcement of this Part; ( f ) retain the original copy of any shipping bill, bill of lading or other document or record that the officer concerned believes on reasonable grounds to be connected with any suspected contravention of this Part or to be otherwise relevant to the administration or enforcement of this Part, or make or cause to be made, without payment, copies of or extracts from such document or record; and ( g ) by written notice require any person having in the person’s possession any essential construction material that is imported or intended for use or supply to submit, at the Authority’s own expense, a sample of such essential construction material to an authorised analyst for evaluation for the purposes of this Part. (2) In exercising his or her power under subsection (1)( a ) or ( b ), an enforcement officer, officer of customs, immigration officer or any assisting officer may — ( a ) require the owner or occupier of any premises or conveyance being inspected to provide all reasonable assistance to the officer concerned for the purpose of the inspection; and ( b ) if the circumstances so warrant, with such assistance as he or she thinks necessary, break open any door, window, lock, fastener, hold, compartment, box, container or any other thing, and any person who fails to comply with any requirement of an enforcement officer, officer of customs, immigration officer or assisting officer under paragraph ( a ) 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. (3) The Authority may, by written notice, require any licensee who imports or supplies any essential construction material to cease (whether immediately or within such time as the Authority may specify) the import or supply of such material if — ( a ) a sample of the essential construction material has been taken or obtained under subsection (1)( c ) for evaluation or has been required to be submitted under subsection (1)( g ) for evaluation; and ( b ) pending the result of that evaluation, the Authority is of the opinion that it is necessary to prevent any more of such essential construction material from further being imported or supplied. (4) Where any item has been seized under subsection (1)( d ) — ( a ) the enforcement officer, officer of customs, immigration officer or assisting officer who seized the item must immediately give written notice of the seizure to the person from whom the item was seized, if the name and address of that person are known; ( b ) any person claiming the item seized may within 48 hours after the seizure complain of the seizure to a Magistrate, and the Magistrate may hear and determine the complaint and may — (i) confirm the seizure wholly or in part; (ii) disallow the seizure wholly or in part; (iii) order that the item seized be restored to its owner, subject to any condition the Magistrate may think fit to impose to ensure that the item is preserved for any purpose for which it may subsequently be required; or (iv) order payment to be made to the owner of the item seized of such amount as the Magistrate considers will compensate the owner for any loss or depreciation resulting from the seizure; ( c ) in the absence of any claim under paragraph ( b ) or pending the determination of any such claim, the item may be kept or stored in the premises or conveyance where it was seized or may, at the direction of the enforcement officer, officer of customs, immigration officer or assisting officer, be removed to any other place to be kept or stored thereat; and ( d ) the enforcement officer, officer of customs, immigration officer or assisting officer (as the case may be) may mark, seal or label the item in such manner as he or she thinks fit for the purpose of indicating that the item is under detention, and lock or seal the premises or conveyance in which the item is being detained. (5) Any person who, without the authority of an enforcement officer, officer of customs, immigration officer or assisting officer — ( a ) interferes, tampers with, removes, distributes, sells or otherwise disposes of any item seized under subsection (1)( d ); ( b ) alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the enforcement officer, officer of customs, immigration officer or assisting officer on the item under subsection (4)( d ); or ( c ) opens, breaks or otherwise tampers with the lock or seal placed by the enforcement officer, officer of customs, immigration officer or assisting officer on any premises or conveyance or part thereof under subsection (4)( d ), 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 12 months or to both. (6) For the purposes of subsection (1)( e ), where any document or record required by an enforcement officer, officer of customs, immigration officer or assisting officer is kept in electronic form, then — ( a ) the power of the officer concerned to require such document or record to be produced for inspection includes the power to require a copy of the document or record to be made available for inspection in legible form (and subsection (1)( f ) applies accordingly in relation to any copy so made available); and ( b ) the power of the officer concerned to inspect such document or record includes the power to require any person on the premises in question to give the officer concerned such assistance as the officer may reasonably require to enable him or her to inspect and make copies of the document or record in legible form or to make records of the information contained therein. (7) Any copy of or extract from any document or record made under subsection (1)( f ) and certified as such by the enforcement officer, officer of customs, immigration officer or assisting officer is admissible as evidence in any proceedings under this Part. (8) Any person who, when required by an enforcement officer, officer of customs, immigration officer or assisting officer under subsection (1)( e ) to provide any information or produce for inspection any document or record, refuses or fails, without reasonable excuse, to provide the information or to produce the document or record within the time allowed by the officer concerned 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. (9) Any person who, when required by an enforcement officer, officer of customs, immigration officer or assisting officer under subsection (1)( e ) to provide any information or produce any document or record, in compliance or purported compliance with such requirement, provides the officer concerned any information, document or record which the person knows is false or misleading 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 12 months or to both. (10) Any person who fails, without reasonable excuse, to comply with any written notice given to the person — ( a ) by an enforcement officer, officer of customs, immigration officer or assisting officer under subsection (1)( g ); or ( b ) by the Authority under subsection (3), 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. (11) All samples of any material taken in accordance with subsection (1)( c ) or ( g ) are to be dealt with as prescribed. (12) Despite anything in this section, an assisting officer who is not a police officer, an officer of customs or an immigration officer is not authorised by this section to assist in searching or arresting any person. [31Q


document_id: bcaa-1999
provision_ref: s44
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 44
title: Forfeiture
content:
44. —(1) The court before which any person is tried for an offence under this Part may make an order for the forfeiture of any item which has been seized under the provisions of this Part if the court is satisfied that — ( a ) an offence under this Part has been committed; and ( b ) the item seized was the subject matter, or was used in the commission, of the offence. (2) Where no party raises the question of forfeiture under subsection (1), the court may consider the question on its own motion. (3) The court may make an order under subsection (1) for the forfeiture of any item which has been seized under the provisions of this Part even though no person has been convicted of an offence. (4) If the court, having regard to the circumstances of the case, does not think it fit to order the forfeiture of any item which has been seized under the provisions of this Part, the court must order that the item be released to the owner of the item or the person entitled to the item. (5) If no prosecution is instituted with regard to any item which has been seized under the provisions of this Part, and no claim is made for the item under section 43(4)( b ), the item to which the notice relates is deemed to be forfeited. (6) Where the owner of any item seized under the provisions of this Part consents to its disposal, the item is upon such consent deemed to be forfeited. (7) Any item forfeited or deemed to be forfeited under this section must be delivered to the Authority or an officer of the Authority and be disposed of in such manner as the Authority thinks fit. (8) The costs of the disposal of any item under subsection (7) are to be borne by the owner of that item. [31R Division 5 &#x2014; Miscellaneous


document_id: bcaa-1999
provision_ref: s45
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 45
title: Register of licensees
content:
45. —(1) The Authority must keep a register of licensees containing — ( a ) the names of all persons licensed under this Part; ( b ) the date the licence is granted to the person and the date of its expiry; and ( c ) such other particulars in relation thereto as may from time to time be prescribed. (2) A person may, on payment of the prescribed fee, if any — ( a ) inspect the register of licensees during the ordinary business hours of the Authority; or ( b ) obtain from the Authority a certificate as to whether a named person was a licensee on a specified date or during a specified period. (3) A certificate purporting to be signed by the Authority certifying that a person was or was not licensed under this Part on a specified date or during a specified period is admissible in any proceedings as evidence of the matters stated in the certificate. [31S


document_id: bcaa-1999
provision_ref: s46
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 46
title: Exemption
content:
46. —(1) The Minister may, by order in the Gazette , exempt any person or class of persons, any premises or class of premises, or any essential construction material from all or any of the requirements of any provision in this Part. (2) Without affecting subsection (1), nothing in this Part prohibits or prevents any person not licensed under this Part from importing — ( a ) worked monumental granite, granite sculptures or statues; or ( b ) millstones, grindstones, grinding wheels made of granite and the like, for grinding, sharpening, polishing, trueing or cutting, hand sharpening or polishing stones or metal. [31T


document_id: bcaa-1999
provision_ref: s47
chapter: PART 7 - SUPPLY OF ESSENTIAL CONSTRUCTION MATERIALS
section: 47
title: Power to make regulations under this Part
content:
47. —(1) The Authority may, with the approval of the Minister, make regulations for carrying out the provisions of this Part and for the due administration thereof and, in particular, for or with respect to all or any of the following matters: ( a ) the form and procedure for applications for licences, import permits and storage permits; ( b ) the keeping of records and provision of returns by licensees in relation to the import, storage and supply of essential construction materials by licensees; ( c ) the duties of any person to whom any licence, import permit or storage permit is granted under this Part, and the duties of such a person upon the suspension, revocation or cancellation of such licence or permit; ( d ) the requirements in accordance with which the import, storage or supply of essential construction materials by licensees are to be carried out; ( e ) the procedures to be followed by any enforcement officer or authorised analyst in the sampling or evaluation of essential construction materials under this Part, including the periods within which any such evaluations are to be completed; ( f ) the conduct by an enforcement officer or assisting officer of routine inspections of premises that are being used for the supply or storage of essential construction materials; ( g ) the fees to be paid in respect of any matter or anything done, or any services rendered, by the Authority under or by virtue of this Part, and the waiver or refund, in whole or in part, by such officers of the Authority of any such fees in the circumstances of any particular case; ( h ) the scheme mentioned in section 39 for the designation of authorised analysts; ( i ) the prescribing of offences in respect of the contravention of any regulations made under this section, and prescribing of fines, not exceeding $20,000 and imprisonment which may not exceed 2 years or both, that may, on conviction, be imposed in respect of any such offence; ( j ) the prescribing of anything that may be prescribed. (2) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette . [31U


document_id: bcaa-1999
provision_ref: s48
chapter: PART 8 - MISCELLANEOUS
section: 48
title: Authority’s symbol
content:
48. —(1) The Authority has the exclusive right to the use of such symbol or representation as it may select or devise and thereafter display or exhibit in connection with its activities or affairs. (2) Any person who uses a symbol or representation identical to that of the Authority, or which so resembles the Authority’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, 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. [33


document_id: bcaa-1999
provision_ref: s49
chapter: PART 8 - MISCELLANEOUS
section: 49
title: Penalty for obtaining grants, loans or financial assistance by false or misleading statements
content:
49. —(1) Any person who obtains payment of any grant or loan or any other form of financial assistance from the Authority by means of any false or misleading statement or any document that is false or misleading in any particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both. (2) Where a person is convicted of an offence under this section, the court may, in addition to imposing a penalty under this section, order the person to repay the amount of any money wrongfully obtained. (3) Where an order has been made under subsection (2), a certified copy of the order may be filed in a court having civil jurisdiction to the extent of the amount ordered to be repaid and the order is thereupon enforceable in all respects as the final judgment of that court. [34


document_id: bcaa-1999
provision_ref: s50
chapter: PART 8 - MISCELLANEOUS
section: 50
title: Obstructing officers in execution of their duties, etc.
content:
50. —(1) Any person who obstructs, hinders or impedes any enforcement officer or assisting officer within the meaning of Part 7 or any other person acting under the direction of the Authority in the performance or execution of his or her duty or anything which he or she is authorised, empowered or required to do under this Act 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 12 months or to both. (2) Any person who alters, suppresses, conceals or destroys any document which the person is or is liable to be required, by or under this Act, to produce to an enforcement officer or assisting officer within the meaning of Part 7 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 12 months or to both. (3) Every police officer, officer of customs or immigration officer, and every enforcement officer and assisting officer within the meaning of Part 7 when exercising any powers under that Part or other provisions of this Act must — ( a ) if not in uniform, declare his or her office; and ( b ) on demand, produce to any person affected by the exercise of those powers such identification card as the Commissioner of Police, the Director-General of Customs, the Controller of Immigration or the Chief Executive, respectively, may direct to be carried by the police officer, officer of customs, immigration officer, enforcement officer and assisting officer. (4) It is not an offence for any person to refuse to comply with any request, demand or order made or given by — ( a ) any police officer, officer of customs or immigration officer not in uniform who fails to declare his or her office and refuses to produce his or her identification card on demand by that person; or ( b ) any enforcement officer and assisting officer within the meaning of Part 7 who fails to declare his or her office and refuses to produce his or her identification card on demand by that person. [34A


document_id: bcaa-1999
provision_ref: s51
chapter: PART 8 - MISCELLANEOUS
section: 51
title: Offences by bodies corporate, etc.
content:
51. —(1) Where an offence committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of — ( a ) any director, manager, secretary or other similar officer of the body corporate; or ( b ) any person who was purporting to act in any such capacity, he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of any partner of the partnership; or ( b ) to be attributable to any neglect on the part of any partner of the partnership, he or she, as well as the partnership, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly; and a fine imposed on a partnership in such proceedings are to be paid out of the partnership assets. (4) Where an offence committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of any officer of the unincorporated association or any member of its governing body, as the case may be; or ( b ) to be attributable to any neglect on the part of any such officer or member, he or she, as well as the unincorporated association, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership (which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005); “offence” means an offence under this Act or any regulations made under this Act; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) The Minister may make regulations providing for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore. [34B


document_id: bcaa-1999
provision_ref: s52
chapter: PART 8 - MISCELLANEOUS
section: 52
title: Composition of offences
content:
52. —(1) The Chief Executive or any officer of the Authority duly authorised by the Chief Executive to do so may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid to the Authority. [34C


document_id: bcaa-1999
provision_ref: s53
chapter: PART 8 - MISCELLANEOUS
section: 53
title: Jurisdiction of court
content:
53. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence. [34D


document_id: bcaa-1999
provision_ref: s54
chapter: PART 8 - MISCELLANEOUS
section: 54
title: Service of documents, etc.
content:
54. —(1) Subject to subsection (3), any document required or authorised to be served under this Act may be served — ( a ) in the case of an individual — (i) by delivering it to the individual personally; (ii) by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of residence; (iii) by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of business; (iv) by affixing a copy of the notice in a conspicuous place at the usual or last known address of the individual’s residence or business; (v) by sending it by fax to the fax number used at the usual or last known address of the individual’s place of residence or business, or the last fax number given to the Authority or an authorised officer by the individual as the fax number for the service of documents on the individual; or (vi) by electronic communication, by sending an electronic communication of the document to the last email address given to the Authority or an authorised officer by the individual as the email address for the service of documents on the individual; ( b ) in the case of a partnership other than a limited liability partnership — (i) by delivering it to any partner or the secretary or other like officer of the partnership; (ii) by leaving it at, or by sending it by prepaid registered post to, the partnership’s principal or last known place of business in Singapore; (iii) by sending it by fax to the fax number used at the partnership’s principal or last known place of business in Singapore; or (iv) by electronic communication, by sending an electronic communication of the document to the last email address given to the Authority or an authorised officer by the partnership as the email address for the service of documents on the partnership; and ( c ) in the case of any limited liability partnership or any other body corporate — (i) by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager of the limited liability partnership; (ii) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore; (iii) by sending it by fax to the fax number used at the registered office or principal office of the limited liability partnership or body corporate in Singapore; or (iv) by electronic communication, by sending an electronic communication of the document to the last email address given to the Authority or an authorised officer by the limited liability partnership or body corporate as the email address for the service of documents on the limited liability partnership or body corporate. (2) Where any notice or other document required or authorised to be served under this Act is sent — ( a ) by fax to the fax number used at the last known place of residence or business or registered office or principal office in accordance with subsection (1) — it is deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of successful transmission to the place of residence or business or registered office or principal office, as the case may be; ( b ) by electronic communication to an email address in accordance with subsection (1) — it is deemed to have been duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address; and ( c ) by prepaid registered post — it is deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, whether or not it is returned undelivered. (3) Service of any document under this Act on a person by electronic communication may be effected only if the person gives an email address as part of the person’s address for service. (4) This section does not apply to notices and documents to be served in proceedings in court. [34E


document_id: bcaa-1999
provision_ref: s55
chapter: PART 8 - MISCELLANEOUS
section: 55
title: Regulations
content:
55. The Authority may, with the approval of the Minister, make regulations for all or any of the following purposes: ( a ) regulating the proceedings of the Authority or of the committees of the Authority, to the extent not inconsistent with the Public Sector (Governance) Act 2018; ( b ) providing for the circumstances in which applications may be made to the Authority for financial assistance and the manner and determination of such applications; ( c ) prescribing any matters which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act. [35 [5/2018]


document_id: bcaa-1999
provision_ref: s56
chapter: PART 8 - MISCELLANEOUS
section: 56
title: Saving and transitional provisions
content:
56. —(1) Any scheme, contract, document, certificate, licence, permission or resolution prepared, made, granted or approved under the repealed Construction Industry Development Board Act (Cap. 51, 1985 Revised Edition), so far as it is not inconsistent with the provisions of this Act, continues and is deemed to have been prepared, made, granted or approved under this Act. (2) Any subsidiary legislation made under the repealed Construction Industry Development Board Act (Cap. 51, 1985 Revised Edition) and in force immediately before 1 April 1999, so far as it is not inconsistent with the provisions of this Act, continues in force as if made under this Act until it is revoked by subsidiary legislation made under this Act. (3) Where in any written law reference is made to — ( a ) the Construction Industry Development Board, such reference is a reference to the Building and Construction Authority; and ( b ) the Building Authority, such reference is a reference to the Commissioner of Building Control. [36


document_id: bcispa-2004
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “adjudicated amount” means the amount of a progress payment that is determined to be payable under section 17 or 19, as the case may be; “adjudication” means the adjudication of a payment claim dispute in accordance with Part 4, and includes an adjudication review under that Part; “adjudication determination”, in relation to an adjudication, means the determination of the adjudicator; “adjudication response” means a response to an adjudication application lodged by a respondent under section 15(1); “adjudicator” means a person appointed under this Act to determine a payment claim dispute that has been referred for adjudication, and includes — ( a ) a replacement adjudicator appointed under section 14A(3); ( b ) a review adjudicator or a panel of review adjudicators appointed under section 18(5)( b ); and ( c ) a replacement review adjudicator or a replacement member of a panel of review adjudicators appointed under section 18A(3); “authorised nominating body” means a person authorised under section 28(1); “claimant” means a person who is or claims to be entitled to a progress payment under section 5; “claimed amount” means the whole or part of any progress payment claimed by a claimant in a payment claim, and includes any interest payable under section 8(5); “construction contract” means an agreement under which — ( a ) one party undertakes to carry out construction work, whether including the supply of goods or services or otherwise, for one or more other parties; or ( b ) one party undertakes to supply services to one or more other parties; “construction site”, in relation to a contract between a claimant and a respondent, means — ( a ) the land on which or the premises at which the claimant has been, is or will be carrying out construction work; or ( b ) the land or the premises in relation to which goods or services have been, are being or will be supplied under the contract; “contract” means a construction contract or a supply contract, and includes a construction contract or a supply contract that has been terminated; “costs”, in relation to an adjudication, includes — ( a ) the application fee payable to an authorised nominating body; and ( b ) the fees and expenses of the adjudicator; “day” means any day other than a public holiday within the meaning of the Holidays Act 1998; “due date”, in relation to a progress payment, means the date on which the progress payment becomes due and payable under section 8; “land” has the meaning given by section 4 of the Land Titles Act 1993; “owner”, in relation to a contract between a claimant and a respondent, means — ( a ) a person who — (i) enters into a contract, whether with the respondent or any other person, for the carrying out of construction work at or on, or for the supply of goods or services in relation to, the construction site concerned by the respondent or other person, as the case may be; and (ii) is not engaged by any other person to carry out construction work at or on, or to supply goods or services in relation to, the construction site concerned; or ( b ) where there is no such person — a person who owns the construction site concerned; “patent error”, in relation to a payment claim, means an error that is obvious, manifest or otherwise easily recognisable on the face of the claim; “payment claim” means a claim made by a claimant for a progress payment under section 10; “payment response”, in relation to a construction contract, means a response to a payment claim made by a respondent under section 11(1) or 12(4); “principal”, in relation to a respondent named in a payment claim served by a claimant under section 10, means a person who is liable to make payment to the respondent for or in relation to the whole or part of the construction work that is, or the whole or part of the goods or services that are, the subject of the contract between the respondent and the claimant; “progress payment” means a payment to which a person is entitled for the carrying out of construction work, or the supply of goods or services, under a contract, and includes — ( a ) a single or one-off payment (including a final payment); or ( b ) a payment that is based on an event or a date (including a final payment); “respondent” means a person who is or may be liable to make a progress payment under a contract to a claimant; “response amount” means — ( a ) in relation to a construction contract — the amount that a respondent proposes to pay to a claimant in a payment response provided under section 11(1) or 12(4) or as varied under section 12(4); or ( b ) in relation to a supply contract — the amount of the claimed amount in a payment claim that a respondent has paid to the claimant on or before the due date, if any; “supply contract” means an agreement under which — ( a ) one party undertakes to supply goods to any other party who is engaged in the business of carrying out construction work or who causes to be carried out construction work; ( b ) the supply is for the purpose of construction work carried out or caused to be carried out by the second‑mentioned party; and ( c ) the firstmentioned party is not required to assemble, construct or install the goods at or on the construction site, but does not include any prescribed agreement. [47/2018]


document_id: bcispa-2004
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Definitions of “construction work”, “goods” and “services”
content:
3. —(1) In this Act, unless the context otherwise requires and subject to subsection (2) — “construction work” means — ( a ) the construction, alteration, repair, restoration, maintenance, extension, demolition or dismantling of buildings or structures (whether permanent or not) that form, or are to form, part of the land; ( b ) the construction, alteration, repair, restoration, maintenance, extension, demolition or dismantling of any works that form, or are to form, part of the land, including walls, roadworks, powerlines, telecommunication apparatus, aircraft runways, docks and harbours, railways, inland waterways, pipelines, reservoirs, water mains, wells, sewers, industrial plant and installations for the purpose of land drainage, coast protection or defence; ( c ) the installation in any building, structure or works of fittings that form, or are to form, part of the land, including systems of heating, lighting, air conditioning, ventilation, power supply, drainage, sanitation, water supply or fire protection, and security or communications systems; ( d ) any operation which forms an integral part of, is preparatory to, or is for rendering complete, works of the kind mentioned in paragraph ( a ), ( b ) or ( c ), including — (i) land reclamation; (ii) site clearance, earth moving, excavation, tunnelling and boring; (iii) the laying of foundations; (iv) the erection, maintenance or dismantling of scaffolding; (v) the prefabrication of components to form part of any building, structure or works, whether carried out at or on the construction site or elsewhere; and (vi) site restoration, landscaping and the provision of roadways and other access works; ( e ) the external or internal cleaning of buildings, structures or works, so far as it is carried out in the course of their construction, alteration, repair, restoration, maintenance or extension; or ( f ) the painting or decorating of the external or internal surfaces of any building, structure or works; “goods” means — ( a ) materials or components to form part of any building, structure or works arising from construction work; or ( b ) plant or materials (whether supplied by sale, hire or otherwise) for use in connection with the carrying out of construction work; “services” means — ( a ) the conduct of feasibility studies, planning services, the submission of applications or other documents to any relevant authority, site supervision services, professional engineering services, or architectural, design, surveying or quantity surveying services, in relation to construction work; ( b ) project management services in relation to construction work; ( c ) building, engineering, exterior or interior decoration or landscape advisory services in relation to construction work; or ( d ) the provision of labour to carry out construction work. (2) The Minister may, by order in the Gazette , modify the definition of “construction work”, “goods” or “services” in subsection (1) by adding to, varying or deleting any part of the definition.


document_id: bcispa-2004
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Application of Act
content:
4. —(1) Subject to subsection (2), this Act applies to any contract that is made in writing on or after 1 April 2005, whether or not the contract is expressed to be governed by the law of Singapore. (2) This Act does not apply to — ( a ) any contract for the carrying out of construction work at or on, or the supply of goods or services in relation to, any residential property (within the meaning of the Residential Property Act 1976), which does not require the approval of the Commissioner of Building Control under the Building Control Act 1989; ( b ) any contract to the extent that — (i) it contains provisions under which a party undertakes to carry out construction work, or to supply goods or services, as an employee (within the meaning of the Employment Act 1968) of the party for whom the construction work is to be carried out or the goods or services are to be supplied; or (ii) it deals with construction work carried out outside Singapore, or goods or services supplied in relation to construction work carried out outside Singapore; ( c ) any terminated contract to the extent that — (i) the terminated contract contains provisions relating to termination that permit the respondent to suspend progress payments to the claimant until a date or the occurrence of an event specified in the contract; and (ii) that date has not passed or that event has not occurred; ( d ) any contract for the prefabrication, in Singapore, of components intended for construction work to be carried out on a construction site outside Singapore, where any one of the parties to the contract is not — (i) a body corporate incorporated under any written law in Singapore; (ii) a limited partnership registered under the Limited Partnerships Act 2008; or (iii) a person carrying on a business that is registered under the Business Names Registration Act 2014; and ( e ) such other contract or class of other contracts as may be prescribed. [47/2018] (3) To avoid doubt, this Act — ( a ) applies to a contract that deals with the prefabrication (whether in or outside Singapore) of components that will form part of any building, structure or works, where the contract is for the supply of these prefabricated components for construction work to be carried out on a construction site in Singapore; and ( b ) does not apply to claims made between former parties to a contract in relation to any construction work that is carried out, or goods or services that are supplied, at the time of or after the termination of the contract. [47/2018] (4) For the purpose of this section, a contract is treated as being made in writing — ( a ) if the contract is made in writing, whether or not it is signed by the parties to the contract; ( b ) if the contract is made by an exchange of written communications; ( c ) if the contract made otherwise than in writing is recorded by one of the parties to the contract, or by a third party, with the authority of the parties to the contract; or ( d ) if the parties to the contract agree otherwise than in writing by reference to terms that are in writing. (5) Where a contract is not wholly made in writing, the contract is treated as being made in writing for the purpose of this section if, subject to the provisions of this Act, the matter in dispute between the parties to the contract is in writing.


document_id: bcispa-2004
provision_ref: s5
chapter: PART 2 - RIGHTS TO PROGRESS PAYMENTS
section: 5
title: Entitlement to progress payments
content:
5. Any person who has carried out any construction work, or supplied any goods or services, under a contract is entitled to a progress payment.


document_id: bcispa-2004
provision_ref: s6
chapter: PART 2 - RIGHTS TO PROGRESS PAYMENTS
section: 6
title: Amount of progress payment
content:
6. The amount of a progress payment to which a person is entitled under a contract is — ( a ) the amount calculated in accordance with the terms of the contract; or ( b ) if the contract does not contain such provision, the amount calculated on the basis of the value of the construction work carried out, or of the goods or services supplied, by the person under the contract.


document_id: bcispa-2004
provision_ref: s7
chapter: PART 2 - RIGHTS TO PROGRESS PAYMENTS
section: 7
title: Valuation of construction work, goods and services
content:
7. —(1) Construction work carried out, or goods or services supplied, under a contract are to be valued — ( a ) in accordance with the terms of the contract; or ( b ) if the contract does not contain such provision, having regard to the matters specified in subsection (2). (2) For the purpose of subsection (1)( b ), construction work carried out, or goods or services supplied, under a contract are to be valued — ( a ) having regard to — (i) the contract price for the construction work, goods or services; (ii) any other rate or price specified in the contract; and (iii) any variation agreed to by the parties to the contract by which the contract price, or any other rate or price specified in the contract, is to be adjusted by a specific amount, or, in the absence of the matters mentioned in sub‑paragraphs (i), (ii) and (iii), then having regard to the rates or prices prevailing in the building and construction industry at the time the construction work was carried out, or the goods or services were supplied; ( b ) if any part of the construction work, goods or services is defective — having regard to the estimated cost of rectifying the defect; and ( c ) in the case of materials or components that are to form part of any building, structure or works arising from the construction work — having regard to the basis that the only materials or components to be included in the valuation are those that have become or, on payment, will become the property of the party for whom the construction work is being carried out.


document_id: bcispa-2004
provision_ref: s8
chapter: PART 2 - RIGHTS TO PROGRESS PAYMENTS
section: 8
title: Due date for payment
content:
8. —(1) Where a construction contract provides for the date on which a progress payment becomes due and payable, the progress payment becomes due and payable on the earlier of the following dates: ( a ) the date as specified in or determined in accordance with the terms of the contract; ( b ) the date immediately upon the expiry of 35 days after — (i) if the claimant is a taxable person under the Goods and Services Tax Act 1993 who has submitted to the respondent a tax invoice for the progress payment — the date the tax invoice is submitted to the respondent; or (ii) in any other case — the date on which or the period within which the payment response is required to be provided under section 11(1) (whether or not a payment response is provided). (2) Where a construction contract does not provide for the date on which a progress payment becomes due and payable, the progress payment becomes due and payable immediately upon the expiry of 14 days after — ( a ) if the claimant is a taxable person under the Goods and Services Tax Act 1993 who has submitted to the respondent a tax invoice for the progress payment — the date the tax invoice is submitted to the respondent; or ( b ) in any other case — the date on which or the period within which the payment response is required to be provided under section 11(1) (whether or not a payment response is provided). (3) Where a supply contract provides for the date on which a progress payment becomes due and payable, the progress payment becomes due and payable on the earlier of the following dates: ( a ) the date as specified in or determined in accordance with the terms of the contract; ( b ) the date immediately upon the expiry of 60 days after the relevant payment claim is served under section 10. (4) Where a supply contract does not provide for the date on which a progress payment becomes due and payable, the progress payment becomes due and payable immediately upon the expiry of 30 days after the relevant payment claim is served under section 10. (5) The interest payable on the unpaid amount of a progress payment that has become due and payable is at the higher of the following rates: ( a ) the rate specified in or determined in accordance with the terms of the contract; ( b ) the rate prescribed in respect of judgment debts under the Supreme Court of Judicature Act 1969. [47/2018] (6) For the purpose of subsections (1) and (2) and subject to the Goods and Services Tax Act 1993, the claimant may submit the tax invoice mentioned in subsection (1)( b )(i) or (2)( a ) at any time after the payment response mentioned in subsection (1)( b )(ii) or (2)( b ) (as the case may be) is provided, despite anything to the contrary in the contract.


document_id: bcispa-2004
provision_ref: s9
chapter: PART 2 - RIGHTS TO PROGRESS PAYMENTS
section: 9
title: Effect of “pay when paid provisions”
content:
9. —(1) A pay when paid provision of a contract is unenforceable and has no effect in relation to any payment for construction work carried out or undertaken to be carried out, or for goods or services supplied or undertaken to be supplied, under the contract. (2) In this section — “money owing”, in relation to a contract, means money owing for construction work carried out, or for goods or services supplied, under the contract; “pay when paid provision”, in relation to a contract, means a provision of the contract by whatever name called — ( a ) that makes the liability of one party (called in this definition the first party) to pay money owing to another party (called in this definition the second party) contingent or conditional on payment to the first party by a further party (called in this definition the third party) of the whole or any part of that money; ( b ) that makes the due date for payment of money owing by the first party to the second party contingent or conditional on the date on which payment of the whole or any part of that money is made to the first party by the third party; ( c ) that otherwise makes the liability to pay money owing, or the due date for payment of money owing, contingent or conditional on the operation of any other contract or agreement; or ( d ) that is of such kind as may be prescribed.


document_id: bcispa-2004
provision_ref: s10
chapter: PART 3 - PAYMENT CLAIMS AND RESPONSES
section: 10
title: Payment claims
content:
10. —(1) A claimant may serve one payment claim in respect of a progress payment on — ( a ) one or more other persons who, under the contract concerned, is or may be liable to make the payment; or ( b ) any other person specified in or identified in accordance with the terms of the contract for this purpose. (2) A payment claim must be served — ( a ) not later than — (i) the date, or the last day of a period, specified in, or determined in accordance with, the terms of the contract relating to the purpose of this subsection; or (ii) the date prescribed for the purpose of this subsection if the contract does not contain such terms; and ( b ) not later than 30 months after the following, whichever is applicable: (i) the date on which the goods and services to which the amount in the payment claim relates were last supplied; (ii) the latest of the following dates: (A) the date on which the construction work to which the amount in the payment claim relates was last carried out; (B) the issuance date of the last document, as at the time the payment claim is served, certifying the completion of the construction work under a contract; (C) the issuance date of the last temporary occupation permit as at the time the payment claim is served. [47/2018] (3) In subsection (2) — ( a ) a payment claim that is served before the date or last day mentioned in subsection (2)( a )(i) is deemed to have been served on that date or day, as the case may be; and ( b ) a payment claim that is served before the prescribed date mentioned in subsection (2)( a )(ii) is deemed to have been served on that date. [47/2018] (4) A payment claim — ( a ) must state the claimed amount, calculated by reference to the period to which the payment claim relates; and ( b ) must be made in such form and manner, and contain such other information or be accompanied by such documents, as may be prescribed. (5) Nothing in subsection (1) prevents the claimant from serving an unpaid payment claim in accordance with subsection (2). [47/2018] (6) In this section — “issuance date”, for a document, means the date that the document is served; “temporary occupation permit”, in respect of a building or part of a building, means — ( a ) a temporary occupation permit granted under the Building Control Act 1989 for the building or part of the building; or ( b ) a certificate of statutory completion issued under that Act for that building or part of that building where no temporary occupation permit is granted; “unpaid payment claim” means — ( a ) a payment claim for which full payment has not been received, and for which an adjudication application has not been brought; or ( b ) a payment claim for which — (i) full payment has not been received; and (ii) an adjudication application has been brought, but was withdrawn for any reason or rejected without adjudication because the claimant’s entitlement to make an adjudication application had not arisen under section 12, or because the adjudication application did not comply with the requirements under section 13(2) or (3). [47/2018]


document_id: bcispa-2004
provision_ref: s11
chapter: PART 3 - PAYMENT CLAIMS AND RESPONSES
section: 11
title: Payment responses, etc.
content:
11. —(1) A respondent named in a payment claim served in relation to a construction contract must respond to the payment claim by providing, or causing to be provided, a payment response to the claimant — ( a ) by the date as specified in or determined in accordance with the terms of the construction contract, or within 21 days after the payment claim is served under section 10, whichever is the earlier; or ( b ) where the construction contract does not contain such provision, within 14 days after the payment claim is served under section 10. [47/2018] (2) A respondent named in a payment claim served in relation to a supply contract may respond to the payment claim by paying to the claimant the claimed amount, or such part of the claimed amount as the respondent agrees to pay, or by raising objections in writing, by the due date. [47/2018] (3) A payment response provided in relation to a construction contract — ( a ) must identify the payment claim to which it relates; ( b ) must state the response amount, if any; ( c ) must state, where the response amount is less than the claimed amount, the reason for the difference and the reason for any amount withheld; and ( d ) must be made in such form and manner, and contain such other information or be accompanied by such documents, as may be prescribed. (4) A respondent may vary a payment response which the respondent has provided to a claimant if, and only if, the variation — ( a ) is made in such form and manner as may be prescribed; and ( b ) is provided to the claimant by the date or within the period that a payment response is required to be provided under subsection (1) or within the dispute settlement period under section 12(5).


document_id: bcispa-2004
provision_ref: s12
chapter: PART 3 - PAYMENT CLAIMS AND RESPONSES
section: 12
title: Entitlement to make adjudication applications
content:
12. —(1) Subject to subsection (2), a claimant who, in relation to a construction contract, fails to receive payment by the due date of the response amount which the claimant has accepted in writing is entitled to make an adjudication application under section 13 in relation to the relevant payment claim. [47/2018] (2) Where, in relation to a construction contract — ( a ) the claimant disputes a payment response provided by the respondent; or ( b ) the respondent fails to provide a payment response to the claimant by the date or within the period mentioned in section 11(1), the claimant is entitled to make an adjudication application under section 13 in relation to the relevant payment claim if, by the end of the dispute settlement period, the dispute is not settled or the respondent does not provide the payment response, as the case may be. (3) For the purpose of subsection (2)( a ), a claimant is considered to dispute a payment response if the claimant does not in writing accept the payment response. [47/2018] (4) A claimant who has served a payment claim in relation to a supply contract is entitled to make an adjudication application under section 13 in relation to the payment claim if — ( a ) the claimant fails to receive payment by the due date of the claimed amount; or ( b ) the claimant disputes the response amount, where the response amount is less than the claimed amount. (5) During the dispute settlement period, in addition to any other action that the claimant or the respondent may take to settle the dispute — ( a ) the claimant or the respondent may seek clarification from the other party on any matter relating to the relevant payment claim; and ( b ) the respondent may provide the claimant with a payment response where the respondent has failed to do so under section 11(1), or vary the payment response provided under that section. (6) In this section, “dispute settlement period”, in relation to a payment claim dispute, means the period of 7 days after the date on which or the period within which the payment response is required to be provided under section 11(1).


document_id: bcispa-2004
provision_ref: s13
chapter: PART 4 - ADJUDICATION OF PAYMENT CLAIM DISPUTES
section: 13
title: Adjudication applications
content:
13. —(1) A claimant who is entitled to make an adjudication application under section 12 may, subject to this section, apply for the adjudication of a payment claim dispute by lodging the adjudication application with an authorised nominating body. (2) An adjudication application must not be made unless the claimant has, by written notice containing the prescribed particulars, notified the respondent of the claimant’s intention to apply for adjudication of the payment claim dispute. (3) An adjudication application — ( a ) must be made within 7 days after the entitlement of the claimant to make an adjudication application first arises under section 12; ( b ) must be made in writing addressed to the authorised nominating body requesting it to appoint an adjudicator; ( c ) must contain such information or be accompanied by such documents as may be prescribed; ( d ) must be accompanied by such application fee as may be determined by the authorised nominating body; and ( e ) may contain or be accompanied by such other information or documents (including expert reports, photographs, correspondences and submissions) as the claimant may consider to be relevant to the application. (4) The authorised nominating body must, upon receiving an adjudication application — ( a ) serve a copy thereof on the respondent; and ( b ) serve on the principal (if known) and the owner concerned a written notice that the application has been made. (5) The notice mentioned in subsection (4)( b ) must contain such particulars as may be prescribed.


document_id: bcispa-2004
provision_ref: s14
chapter: PART 4 - ADJUDICATION OF PAYMENT CLAIM DISPUTES
section: 14
title: Appointment of adjudicator
content:
14. —(1) The authorised nominating body must, upon receiving an adjudication application, refer the adjudication application to a person who is on the register of adjudicators established under section 28(4)( a ) and whom the authorised nominating body considers to be appropriate for appointment as the adjudicator to determine the adjudication application. (2) The person to whom the adjudication application has been referred under subsection (1) may agree or decline to determine the adjudication application. (3) The authorised nominating body must, within 7 days after receiving the adjudication application, serve a written notice confirming the appointment of an adjudicator on the claimant, the respondent, the principal (if known) and the owner concerned.


document_id: bcispa-2004
provision_ref: s14A
chapter: PART 4 - ADJUDICATION OF PAYMENT CLAIM DISPUTES
section: 14A
title: Appointment of replacement adjudicator
content:
14A. —(1) Where an authorised nominating body becomes aware that — ( a ) an adjudicator appointed under section 14 has ceased to meet the eligibility criteria for adjudicators under section 29; or ( b ) the adjudicator has become unable to perform the adjudicator’s duties for any reason, the authorised nominating body must refer the adjudication application to a person who is on the register of adjudicators established under section 28(4)( a ) and whom the authorised nominating body considers to be appropriate for appointment as the replacement adjudicator to determine the adjudication application. [47/2018] (2) The person to whom the adjudication application has been referred under subsection (1) may agree or decline to determine the adjudication application. [47/2018] (3) The authorised nominating body must, within 7 days after becoming aware of the matters in subsection (1)( a ) or ( b ) (as the case may be) serve on the claimant, the respondent, the principal (if known) and the owner concerned a written notice confirming the appointment of the person who has agreed to determine the adjudication application referred to the person under subsection (1) as the replacement adjudicator. [47/2018]


document_id: bcispa-2004
provision_ref: s15
chapter: PART 4 - ADJUDICATION OF PAYMENT CLAIM DISPUTES
section: 15
title: Adjudication responses
content:
15. —(1) A respondent must, within 7 days after receiving a copy of an adjudication application under section 13(4)( a ), lodge with the authorised nominating body a response to the adjudication application. (2) The adjudication response — ( a ) must be made in writing addressed to the authorised nominating body; ( b ) must identify the adjudication application to which it relates; ( c ) must contain such information or be accompanied by such documents as may be prescribed; and ( d ) may contain or be accompanied by such other information or documents (including expert reports, photographs, correspondences and submissions) as the respondent may consider to be relevant to the adjudication response. (3) Subject to subsection (4), the respondent must not include in the adjudication response an objection of any nature, unless — ( a ) where the adjudication relates to a construction contract — that objection was included in the relevant payment response provided by the respondent to the claimant; or ( b ) where the adjudication relates to a supply contract — that objection was raised by the respondent to the claimant in writing on or before the relevant due date. [47/2018] (4) Despite subsection (3), the respondent may include in the adjudication response an objection mentioned in subsection (3) if — ( a ) in the case of an adjudication that relates to a construction contract — (i) the circumstances of that objection only arose after the respondent provided the relevant payment response to the claimant; or (ii) the respondent could not reasonably have known of the circumstances when providing the relevant payment response to the claimant; or ( b ) in the case of an adjudication that relates to a supply contract — (i) the circumstances of that objection only arose after the relevant due date; or (ii) the respondent could not reasonably have known of the circumstances by the relevant due date. [47/2018] (5) The authorised nominating body must, upon receiving an adjudication response — ( a ) serve a copy thereof on the claimant; and ( b ) serve on the principal (if known) and the owner concerned a written notice that the adjudication response has been lodged. (6) The notice mentioned in subsection (5)( b ) must contain such particulars as may be prescribed.


document_id: bcispa-2004
provision_ref: s16
chapter: PART 4 - ADJUDICATION OF PAYMENT CLAIM DISPUTES
section: 16
title: Commencement of adjudication and adjudication procedures
content:
16. —(1) An adjudication commences immediately upon the expiry of the period mentioned in section 15(1) within which the respondent may lodge an adjudication response. (2) If an adjudicator is appointed under section 14A(3), a new adjudication commences as if the adjudication under subsection (1) had not commenced, immediately upon expiry of the period mentioned in section 14A(3) within which the notice confirming the adjudicator’s appointment must be served. [47/2018] (3) Subject to subsection (4), an adjudicator must reject — ( a ) any adjudication application that is not made in accordance with section 13(3)( a ), ( b ) or ( c ); and ( b ) any adjudication response that is not lodged within the period referred to in section 15(1). [47/2018] (4) Despite subsection (3), an adjudicator may accept any adjudication application that is not made in accordance with section 13(3)( c ) if the adjudicator is satisfied that the non‑compliance does not materially prejudice the respondent. [47/2018] (5) An adjudicator must — ( a ) act independently, impartially and in a timely manner; ( b ) avoid incurring unnecessary expense; and ( c ) comply with the principles of natural justice. (6) Subject to subsection (5), an adjudicator may do all or any of the following in relation to an adjudication: ( a ) conduct the adjudication in such manner as the adjudicator thinks fit; ( b ) require submissions or documents from any party to the adjudication; ( c ) set deadlines for the submissions or documents to be provided by any party and for the submissions or responses thereto by any other party; ( d ) appoint, after notifying the parties, an independent expert to inquire and report on specific issues relevant to the adjudication; ( e ) call a conference of the parties; ( f ) carry out an inspection of any construction work, construction site, goods or any other matter to which the adjudication relates; ( g ) issue such directions as may be necessary or expedient for the conduct of the adjudication. (7) Where an adjudicator has called for a conference of the parties to an adjudication, a party to the adjudication must not be represented by more than 2 representatives (whether legally qualified or otherwise) unless the adjudicator permits otherwise. (8) The parties to an adjudication must comply with any requirement made or direction issued by the adjudicator in accordance with this section. (9) An adjudicator’s power to determine an adjudication application is not affected by the failure of — ( a ) the respondent to provide a payment response or lodge an adjudication response; or ( b ) any of the parties to comply with the adjudicator’s call for a conference of the parties or any other requirement made or direction issued by the adjudicator, and in the event of any such failure, the adjudicator may determine the application on the basis of the information and documents available to the adjudicator. (10) The determination of an adjudicator on any adjudication application must be in writing.


document_id: bcispa-2004
provision_ref: s17
chapter: PART 4 - ADJUDICATION OF PAYMENT CLAIM DISPUTES
section: 17
title: Determination of adjudicator
content:
17. —(1) An adjudicator must determine an adjudication application — ( a ) within 7 days after the commencement of the adjudication under section 16(1) or (2) (as the case may be) or within such longer period as may have been requested by the adjudicator and agreed to by the claimant and the respondent, if the adjudication relates to a construction contract and the respondent — (i) has failed to make a payment response and to lodge an adjudication response by the commencement of the adjudication; or (ii) has failed to pay the response amount, which has been accepted by the claimant, by the due date; or ( b ) in any other case, within 14 days after the commencement of the adjudication under section 16(1) or (2) (as the case may be) or within such longer period as may have been requested by the adjudicator and agreed to by the claimant and the respondent. [47/2018] (2) An adjudicator must, in relation to an adjudication application, determine — ( a ) the adjudicated amount (if any) to be paid by the respondent to the claimant; ( b ) the date on which the adjudicated amount is payable; ( c ) the interest payable on the adjudicated amount; and ( d ) the proportion of the costs of the adjudication payable by each party to the adjudication, and must include, in the determination, the reasons therefor. (3) In determining an adjudication application, an adjudicator must disregard any part of a payment claim or a payment response related to damage, loss or expense that is not supported by — ( a ) any document showing agreement between the claimant and the respondent on the quantum of that part of the payment claim or the payment response; or ( b ) any certificate or other document that is required to be issued under the contract. [47/2018] (4) Subject to subsection (5), in determining an adjudication application, an adjudicator may only have regard to the following matters: ( a ) the provisions of this Act; ( b ) the provisions of the contract to which the adjudication application relates; ( c ) the payment claim to which the adjudication application relates, the adjudication application, and the accompanying documents thereto; ( d ) the payment response to which the adjudication application relates (if any), the adjudication response (if any), and the accompanying documents thereto; ( e ) the results of any inspection carried out by the adjudicator of any matter to which the adjudication relates; ( f ) the report of any expert appointed to inquire on specific issues; ( g ) the submissions and responses of the parties to the adjudication, and any other information or document provided at the request of the adjudicator in relation to the adjudication; ( h ) any other matter that the adjudicator reasonably considers to be relevant to the adjudication. (5) In determining an adjudication application, an adjudicator is not bound by any payment response, or any assessment in relation to the progress payment, that is provided in the contract to be final or binding on the parties to the contract, whether subject to any term or condition or otherwise. (6) The adjudicator must not consider an objection from the respondent of any nature that was not included in the adjudication response, unless — ( a ) the circumstances of that objection only arose after the respondent lodged the adjudication response with the authorised nominating body; ( b ) the respondent could not reasonably have known of those circumstances when lodging the adjudication response with the authorised nominating body; or ( c ) the objection relates to a patent error. [47/2018] (7) If, in determining an adjudication application, an adjudicator has determined in accordance with section 7 — ( a ) the value of any construction work carried out under a construction contract; or ( b ) the value of goods or services supplied under a contract, the adjudicator (or any other adjudicator) must, in any subsequent adjudication application that involves the determination of the value of that work or of those goods or services, give the construction work or the goods or services (as the case may be) the same value as that previously determined unless the claimant or respondent satisfies the adjudicator concerned that the value thereof has changed since the previous determination. (8) If the determination of an adjudicator contains — ( a ) a clerical mistake; ( b ) an error arising from an accidental slip or omission; or ( c ) a defect of form, the adjudicator may, on the adjudicator’s own initiative or on the application of the claimant or the respondent, correct the mistake, error or defect, as the case may be. (9) Except as provided in subsection (8), the adjudicator must not change his or her determination on any adjudication application. (10) The authorised nominating body — ( a ) must serve a copy of the adjudication determination, and any amended adjudication determination, on the claimant and the respondent; and ( b ) must serve on the principal (if known) and the owner concerned a written notice that the adjudication determination has been made or amended, as the case may be. (11) The notice mentioned in subsection (10)( b ) must contain such particulars as may be prescribed.


document_id: bcispa-2004
provision_ref: s18
chapter: PART 4 - ADJUDICATION OF PAYMENT CLAIM DISPUTES
section: 18
title: Adjudication review applications
content:
18. —(1) This section applies to a respondent who is a party to an adjudication if the adjudicated amount exceeds the relevant response amount by the prescribed amount or more, and to a claimant who is a party to an adjudication if the claimed amount exceeds the adjudicated amount by the prescribed amount or more. [47/2018] (2) Subject to subsection (3), where a respondent or a claimant to whom this section applies is aggrieved by the adjudicator’s determination, the respondent or claimant may, within 7 days after being served the adjudication determination, lodge an application for the review of the determination with the authorised nominating body with which the application for the adjudication had been lodged under section 13. [47/2018] (3) Where the respondent is required in consequence of the adjudication determination to pay an adjudicated amount to the claimant, the respondent must not lodge any application for the review of the determination unless the respondent has paid the adjudicated amount to the authorised nominating body. [47/2018] (4) An adjudication review application — ( a ) must be made in writing addressed to the authorised nominating body requesting it to appoint one or more review adjudicators to determine the application; ( b ) must contain such information or be accompanied by such documents as may be prescribed; and ( c ) must be accompanied by such application fee as may be determined by the authorised nominating body. (5) The authorised nominating body must, upon receiving an adjudication review application — ( a ) serve — (i) a copy thereof on the claimant or the respondent, as the case may be; and (ii) a written notice that the application has been made on the principal (if known) and the owner concerned; and ( b ) subject to subsection (7) and in accordance with the prescribed criteria, appoint a review adjudicator or a panel of 3 review adjudicators. [47/2018] (6) The authorised nominating body must, within 7 days after receiving the adjudication review application, serve a written notice confirming the appointment of the review adjudicator or the panel of review adjudicators (as the case may be) on the parties to the adjudication review, the principal (if known) and the owner concerned. (7) For the purpose of subsection (5)( b ) — ( a ) section 14(1) and (2) applies with the necessary modifications; and ( b ) the authorised nominating body must not appoint an adjudicator whose determination is the subject of the adjudication review.


document_id: bcispa-2004
provision_ref: s18A
chapter: PART 4 - ADJUDICATION OF PAYMENT CLAIM DISPUTES
section: 18A
title: Appointment of replacement review adjudicator
content:
18A. —(1) Where an authorised nominating body becomes aware that — ( a ) a review adjudicator or a member of a panel of review adjudicators appointed under section 18(5)( b ) has ceased to meet the eligibility criteria for adjudicators under section 29; or ( b ) a review adjudicator or a member of a panel of review adjudicators has become unable to perform the adjudicator’s duties for any reason, the authorised nominating body must refer the adjudication review application to a person who is on the register of adjudicators established under section 28(4)( a ) and whom the authorised nominating body considers to be appropriate for appointment as the replacement review adjudicator or a replacement member of a panel of review adjudicators to determine the adjudication review application in place of the review adjudicator or member of a panel of review adjudicators in paragraph ( a ) or ( b ), as the case may be. [47/2018] (2) The person to whom the adjudication review application has been referred under subsection (1) may agree or decline to determine the adjudication review application. [47/2018] (3) The authorised nominating body must, within 7 days after becoming aware of the matters in subsection (1)( a ) or ( b ) (as the case may be) serve on the parties to the adjudication review, the principal (if known) and the owner concerned a written notice confirming the appointment of the person who has agreed to determine the adjudication review application referred to the person under subsection (1) as the replacement review adjudicator or the replacement member of the panel of review adjudicators, as the case may be. [47/2018] (4) The authorised nominating body must not appoint an adjudicator whose determination is the subject of the adjudication review. [47/2018]


document_id: bcispa-2004
provision_ref: s19
chapter: PART 4 - ADJUDICATION OF PAYMENT CLAIM DISPUTES
section: 19
title: Adjudication review procedures, etc.
content:
19. —(1) An adjudication review commences on the date immediately after the authorised nominating body confirms the appointment of the review adjudicator or the panel of review adjudicators (as the case may be) under section 18(6). (2) If an adjudicator is appointed under section 18A(3) to replace a review adjudicator, or if 3 adjudicators are appointed under section 18A(3) to replace 3 members of a panel of review adjudicators, a new adjudication review commences — ( a ) immediately upon expiry of the period mentioned in section 18A(3) within which the notice confirming the adjudicator’s appointment must be served; and ( b ) as if the adjudication review under subsection (1) had not commenced. [47/2018] (3) If 2 or fewer adjudicators are appointed under section 18A(3) to replace 2 or fewer members of a panel of review adjudicators, the adjudication review resumes for the reconstituted panel to hear and determine so much of the adjudication review as the panel considers fit — ( a ) immediately upon expiry of the period mentioned in section 18A(3) within which the notice confirming the adjudicator’s appointment must be served; and ( b ) whether or not any part of the adjudication review has been heard by the previous panel of adjudicators. [47/2018] (4) In subsection (3), the reconstituted panel may have regard to the evidence given and arguments adduced during the part of the adjudication review heard by the previous panel of review adjudicators. [47/2018] (5) The review adjudicator or the panel of review adjudicators (as the case may be) must reject any adjudication review application that is not made — ( a ) within the period mentioned in section 18(2); or ( b ) in accordance with section 18(4)( a ) or ( b ). (6) The review adjudicator or the panel of review adjudicators (as the case may be) must determine the adjudication review application within — ( a ) 14 days after the commencement of the adjudication review under subsection (1) or (2), as the case may be; ( b ) the remainder of the 14 days after the resumption of the adjudication review under subsection (3); or ( c ) such longer period as may have been requested by the review adjudicator or the panel of review adjudicators (as the case may be) and agreed to by the claimant and the respondent. [47/2018] (7) In relation to any adjudication review application, a review adjudicator or a panel of review adjudicators (as the case may be) may — ( a ) substitute the adjudication determination that is the subject of the adjudication review for any other determination as is considered appropriate; or ( b ) refuse the adjudication review application. (8) A review adjudicator or a panel of review adjudicators (as the case may be) must determine under subsection (7)( a ) — ( a ) the adjudicated amount (if any) to be paid by the respondent to the claimant; ( b ) the amount (if any) to be returned by the authorised nominating body to the respondent; ( c ) where the adjudicated amount mentioned in paragraph ( a ) is different from the amount that the respondent has paid to the authorised nominating body under section 18(3), the date on which the difference in amount is payable; ( d ) the interest payable on any such amount; and ( e ) the proportion of the costs of the adjudication review payable by each party to the adjudication review, and must include, in the determination, the reasons therefor. [47/2018] (9) In determining an adjudication review application, the review adjudicator or the panel of review adjudicators (as the case may be) must disregard any part of a payment claim or a payment response related to damage, loss or expense that is not supported by — ( a ) any document showing agreement between the claimant and the respondent on the quantum of that part of the payment claim or the payment response; or ( b ) any certificate or other document that is required to be issued under the contract. [47/2018] (10) In determining an adjudication review application, the review adjudicator or the panel of review adjudicators, as the case may be — ( a ) may only have regard to the matters mentioned in section 17(4)( a ) to ( h ) and the adjudication determination that is the subject of the adjudication review; and ( b ) is not bound by any payment response, or any assessment in relation to the progress payment, that is provided in the contract to be final or binding on the parties to the contract, whether subject to any term or condition or otherwise. (11) The review adjudicator or the panel of review adjudicators (as the case may be) must not consider an objection from the respondent of any nature that was not included in the adjudication response, unless — ( a ) the circumstances of the objection only arose after the respondent lodged the adjudication response with the authorised nominating body; ( b ) the respondent could not reasonably have known of those circumstances when lodging the adjudication response with the authorised nominating body; or ( c ) the objection relates to a patent error. [47/2018] (12) Where a panel of review adjudicators is appointed to determine an adjudication review application, the determination must be decided in accordance with the opinion of the majority of the review adjudicators on the panel. (13) Sections 16(5) to (10) and 17(7) to (11) apply, with the necessary modifications, in relation to adjudication review applications.


document_id: bcispa-2004
provision_ref: s20
chapter: PART 4 - ADJUDICATION OF PAYMENT CLAIM DISPUTES
section: 20
title: Withdrawal of adjudication applications and adjudication review applications
content:
20. —(1) An adjudication application may be withdrawn by the claimant at any time upon serving a notice of withdrawal on — ( a ) the adjudicator; ( b ) the authorised nominating body which appointed the adjudicator; and ( c ) the respondent. (2) An adjudication review application may be withdrawn by the party who lodged the application at any time upon serving a notice of withdrawal on — ( a ) the review adjudicator or the panel of review adjudicators, as the case may be; ( b ) the authorised nominating body which appointed the review adjudicator or the panel of review adjudicators, as the case may be; and ( c ) the other party to the adjudication review application. [47/2018]


document_id: bcispa-2004
provision_ref: s21
chapter: PART 4 - ADJUDICATION OF PAYMENT CLAIM DISPUTES
section: 21
title: Effect of adjudication determinations and adjudication review determinations
content:
21. —(1) An adjudication determination made under this Act is binding on the parties to the adjudication and on any person claiming through or under them, unless or until — ( a ) permission of the court to enforce the adjudication determination is refused under section 27; [Act 25 of 2021 wef 01/04/2022] ( b ) the dispute is finally determined by a court or tribunal or at any other dispute resolution proceeding; or ( c ) the dispute is settled by agreement of the parties. (2) An adjudication review determination under section 19(7)( a ) has effect as if it were an adjudication determination for the purposes of this Act. (3) This section does not affect the right of any party to challenge an adjudication determination or an adjudication review determination in any proceeding before a court or tribunal or in any other dispute resolution proceeding.


document_id: bcispa-2004
provision_ref: s22
chapter: PART 4 - ADJUDICATION OF PAYMENT CLAIM DISPUTES
section: 22
title: Payment of adjudicated amount
content:
22. —(1) Where, in relation to an adjudication application, the adjudicator has determined that the respondent must pay an adjudicated amount to the claimant, then except as provided in subsection (2) and section 18(3), the respondent must pay that amount — ( a ) within 7 days after the adjudicator’s determination is served on the respondent; or ( b ) by the date on which the adjudicated amount is determined by the adjudicator to be payable, whichever is the later. [47/2018] (2) Where a respondent is required in consequence of the adjudication determination to pay an adjudicated amount to the claimant, and the claimant is entitled under section 18(2) to lodge an application for the review of the adjudication determination, the respondent must pay that amount — ( a ) not earlier than 7 days but within 10 days after the respondent is served the adjudicator’s determination; ( b ) within 7 days after the respondent is served the adjudication review determination of an adjudication review brought by the claimant; or ( c ) on or before the date (if any) determined by the review adjudicator or the panel of review adjudicators under section 19(8)( c ) as the date that the amount is payable, whichever is the later. [47/2018] (3) Where an application for the review of an adjudicator’s determination has been lodged by the respondent, an authorised nominating body to whom an adjudicated amount has been paid under section 18(3) must pay the relevant amount to the party who is entitled to payment — ( a ) within 7 days after the adjudication review determination is served on that party; or ( b ) on or before a later date (if any) determined by the review adjudicator or the panel of review adjudicators under section 19(8)( c ) as the date that the amount is payable. [47/2018] (4) Where the adjudicated amount under an adjudication review determination is higher than the adjudicated amount under the adjudication determination, a respondent who has paid the adjudicated amount under the adjudication determination to the authorised nominating body under section 18(3) must pay the difference to the claimant — ( a ) within 7 days after the adjudication review determination is served on the respondent; or ( b ) on or before a later date (if any) determined by the review adjudicator or the panel of review adjudicators under section 19(8)( c ) as the date that the amount is payable. [47/2018]


document_id: bcispa-2004
provision_ref: s23
chapter: PART 5 - MEASURES TO ENFORCE PAYMENT OF ADJUDICATED AMOUNT
section: 23
title: Consequences of not paying adjudicated amount
content:
23. —(1) Where a respondent fails to pay the whole or any part of the adjudicated amount to a claimant in accordance with section 22, the claimant may do either or both of the following: ( a ) serve a written notice on the respondent of the claimant’s intention to exercise a lien under section 25 on goods supplied by the claimant to the respondent under the contract concerned that are unfixed and which have not been paid for; ( b ) serve a written notice on the respondent under section 26 of the claimant’s intention to suspend carrying out construction work or supplying goods or services under the contract concerned. (2) Without limiting subsection (1), where a party to an adjudication fails to pay the whole or any part of the adjudicated amount to any other party in accordance with section 22, the aggrieved party may apply for and enforce the adjudication determination as if it were a judgment debt in accordance with section 27.


document_id: bcispa-2004
provision_ref: s24
chapter: PART 5 - MEASURES TO ENFORCE PAYMENT OF ADJUDICATED AMOUNT
section: 24
title: Direct payment from principal
content:
24. —(1) Where a respondent fails to pay the whole or any part of the adjudicated amount to a claimant in accordance with section 22, the principal of the respondent may pay the whole or any part of the outstanding amount in accordance with the procedure set out in subsection (2). (2) The procedure by which the principal may make payment to the claimant is as follows: ( a ) the principal must serve a notice of payment on the claimant stating that direct payment must be made, and serve a copy thereof on the respondent and the owner (if the principal is not the owner); ( b ) the respondent must, if the respondent has paid the adjudicated amount to the claimant, show proof of such payment to the principal and the owner (if the principal is not the owner) within 2 days after receiving the notice mentioned in paragraph ( a ); ( c ) if the respondent fails to show proof of payment in accordance with paragraph ( b ), the principal is entitled to pay the whole or any part of the outstanding amount of the adjudicated amount to the claimant. (3) Where the principal is a licensed housing developer under the Housing Developers (Control and Licensing) Act 1965 with a Project Account opened under section 9 of that Act, the claimant is not entitled to exercise the lien under section 25 or suspend work or supply under section 26 for 21 days after being served the notice of payment under subsection (2)( a ) by the principal, unless the principal had previously defaulted on any payment to the claimant under this section in relation to the same contract. (4) Any payment by the principal under this section — ( a ) may be treated by the principal as payment to the respondent in reduction (by the amount of the payment) of any amount that the principal owes, or may in future owe, to the respondent in connection with the construction work, or the goods or services, concerned; or ( b ) may be recovered by the principal as a debt due from the respondent. (5) Where the principal has paid the whole or any part of the adjudicated amount under this section, the subsequent setting aside of the relevant adjudication determination does not affect any rights conferred on the principal under this section.


document_id: bcispa-2004
provision_ref: s25
chapter: PART 5 - MEASURES TO ENFORCE PAYMENT OF ADJUDICATED AMOUNT
section: 25
title: Lien on goods supplied
content:
25. —(1) Subject to the provisions of this Act, the claimant has a lien on goods supplied by the claimant to the respondent under the contract concerned that are unfixed and which have not been paid for. (2) The lien under subsection (1) subsists if, and only if — ( a ) the claimant has served on the respondent the notice mentioned in section 23(1)( a ); ( b ) a copy of the notice has been served by the claimant on the principal (if known) and the owner concerned; ( c ) 7 days have elapsed since the notice was served on the respondent, the principal (if known) and the owner, or since the last of them was served the notice; and ( d ) the claimant has not been paid the adjudicated amount. (3) The lien under subsection (1) does not give the claimant any priority over the liens on the goods existing before the date on which the firstmentioned lien arises. (4) The claimant has no rights to exercise the lien mentioned in subsection (1) — ( a ) if the goods concerned are owned by a person other than the claimant or the respondent; or ( b ) during the period mentioned in section 24(3).


document_id: bcispa-2004
provision_ref: s26
chapter: PART 5 - MEASURES TO ENFORCE PAYMENT OF ADJUDICATED AMOUNT
section: 26
title: Right to suspend work or supply
content:
26. —(1) Subject to the provisions of this Act, a claimant may suspend the carrying out of construction work, or the supply of goods or services, under a contract if, and only if — ( a ) the claimant has served on the respondent the notice mentioned in section 23(1)( b ); ( b ) a copy of the notice has been served by the claimant on the principal (if known) and the owner concerned; ( c ) 7 days have elapsed since the notice was served on the respondent, the principal (if known) and the owner, or since the last of them was served the notice; and ( d ) the claimant has not been paid the adjudicated amount. (2) During the period of suspension exercised in accordance with subsection (1) — ( a ) the claimant is not liable to the respondent, the principal or the owner for any loss or damage suffered by the respondent, the principal or the owner (as the case may be) or by any person claiming through or under the respondent, the principal or the owner; and ( b ) the respondent, the principal and the owner have no claim against the claimant for any loss or damage suffered as a result of the suspension, but the principal and the owner may recover liquidated damages or any other remedy from the respondent pursuant to any contract or under any law. (3) If the claimant, in exercising the right to suspend the carrying out of construction work or the supply of goods or services in accordance with subsection (1), incurs any loss or expenses as a result of the removal by the respondent from the contract of any part of the work or supply — ( a ) the respondent is liable to pay the claimant the amount of any such loss or expenses; and ( b ) any such loss or expenses may be recovered by the claimant as a debt due from the respondent. (4) Where a claimant has suspended the carrying out of construction work or the supply of goods or services under a contract in accordance with subsection (1), the claimant must resume such work or supply within 3 days after being paid the adjudicated amount. (5) Where a claimant has suspended the carrying out of construction work or the supply of goods or services under a contract in accordance with subsection (1), and — ( a ) the principal, who is a licensed housing developer under the Housing Developers (Control and Licensing) Act 1965 with a Project Account opened under section 9 of that Act, has served a notice of payment under section 24(2)( a ) on the claimant; and ( b ) the principal has not previously defaulted on any payment to the claimant under section 24 in relation to the same contract, the claimant must resume such work or supply within 3 days after being served the notice of payment under section 24(2)( a ). (6) The claimant is liable to pay for any loss or damage suffered by the respondent or the principal as a result of any failure to resume carrying out construction work or supplying goods or services (as the case may be) under subsection (4) or (5). (7) Any period of suspension under subsection (1) must be disregarded in computing for the purposes of any contractual time limit the time taken, by the party exercising the right of suspension or by a third party (other than the respondent), to complete any construction work or the supply of any goods or services directly or indirectly affected by the exercise of the right of suspension. (8) Where the contractual time limit mentioned in subsection (7) is set by reference to a date rather than a period, the date must be adjusted accordingly.


document_id: bcispa-2004
provision_ref: s27
chapter: PART 5 - MEASURES TO ENFORCE PAYMENT OF ADJUDICATED AMOUNT
section: 27
title: Enforcement of adjudication determination as judgment debt, etc.
content:
27. —(1) An adjudication determination made under this Act may, with permission of the court, be enforced in the same manner as a judgment or an order of the court to the same effect. [Act 25 of 2021 wef 01/04/2022] (2) Where permission of the court is so granted, judgment may be entered in the terms of the adjudication determination. [Act 25 of 2021 wef 01/04/2022] (3) An application for permission to enforce an adjudication determination may not be filed in court under this section unless it is accompanied by an affidavit by the applicant stating that the whole or part of the adjudicated amount has not been paid at the time the application is filed. [Act 25 of 2021 wef 01/04/2022] (4) If the affidavit mentioned in subsection (3) indicates that part of the adjudicated amount has been paid, the judgment is to be for the unpaid part of the adjudicated amount. (5) Where any party to an adjudication commences proceedings to set aside the adjudication determination or the judgment obtained pursuant to this section, that party must pay into the court as security the unpaid portion of the adjudicated amount that that party is required to pay, in such manner as the court directs or as provided in the Rules of Court, pending the final determination of those proceedings. (6) The grounds on which a party to an adjudication may commence proceedings under subsection (5) include, but are not limited to, the following: ( a ) the payment claim was not served in accordance with section 10; ( b ) the claimant served more than one payment claim in respect of a progress payment, otherwise than permitted under section 10; ( c ) the payment claim was in respect of a matter that has already been adjudicated on its merits in proceedings under this Act; ( d ) the adjudication application or the adjudication review application was not made in accordance with the provisions of this Act; ( e ) the adjudicator failed to comply with the provisions of this Act in making the adjudication determination; ( f ) the adjudication determination requires the claimant to pay an adjudicated amount to the respondent; ( g ) a breach of the rules of natural justice occurred in connection with the making of the adjudication determination; ( h ) the making of the adjudication determination was induced or affected by fraud or corruption. [47/2018] (7) A respondent may not commence proceedings under subsection (5) on any ground if the objection to support that ground was not included in the respondent’s adjudication response, unless — ( a ) the circumstances of the objection to support that ground only arose after the respondent lodged the adjudication response with the authorised nominating body; or ( b ) the respondent could not reasonably have known of those circumstances when lodging the adjudication response with the authorised nominating body. [47/2018] (8) Without affecting a court’s powers under any other written law or rule of law, a court may, in any proceedings under subsection (5) — ( a ) set aside an adjudication determination in whole or in part; ( b ) remit the whole or any part of the adjudication determination to the adjudicator; ( c ) correct in the adjudication determination any clerical mistake, error arising from an accidental slip or omission, or a defect of form; and ( d ) award costs to any party to an adjudication. [47/2018] (9) Where the court makes an order of remission under subsection (8)( b ) — ( a ) Parts 4 to 7 apply, with the necessary modifications, to the determination of the remitted issues by the adjudicator, as if the remitted issues were issues in an adjudication that commenced on a date specified by the court in the order; and ( b ) the adjudicator’s determination of the remitted issues has effect as if it were an adjudication determination for the purposes of this Act. [47/2018]


document_id: bcispa-2004
provision_ref: s28
chapter: PART 6 - GENERAL PROVISIONS RELATING TO ADJUDICATION
section: 28
title: Authorised nominating bodies
content:
28. —(1) The Minister may — ( a ) upon the application of any person, authorise the person to appoint adjudicators and undertake such other functions or duties as may be imposed under this Act, subject to such terms and conditions as the Minister may think fit; and ( b ) withdraw any such authorisation. (2) The Minister may limit the number of persons who may, for the time being, be authorised under subsection (1). (3) An authorised nominating body must provide the Minister with such information or documents as the Minister may request from time to time in relation to the activities of the authorised nominating body or its register of adjudicators established under subsection (4)( a ), including but not limited to information as to the fees charged by the authorised nominating body or by the persons on its register of adjudicators for any service provided under or by virtue of this Act. (4) An authorised nominating body must, in relation to its authorisation under subsection (1) — ( a ) establish and maintain a register of adjudicators; ( b ) establish and administer codes of conduct or practice; ( c ) provide training for the persons who are on the register of adjudicators; ( d ) establish a schedule of fees for adjudication services provided under or by virtue of this Act, including an adjudicator’s fees; ( e ) facilitate the conduct of adjudications under this Act, including the establishing of rules therefor not inconsistent with this Act or any other written law, and provide general administrative support therefor; ( f ) abide by any regulations that the Minister may prescribe; and ( g ) undertake such other functions or duties as may be imposed under this Act or as may be directed by the Minister. [47/2018]


