Part of a comprehensive analysis of the Building Control Act 1989
All Parts in This Series
Key Provisions and Their Purpose in the Preliminary Part of the Building Control Act 1989
The Preliminary Part of the Building Control Act 1989 lays the essential groundwork for the entire legislative framework governing building control in Singapore. It establishes the short title of the Act, defines critical terms used throughout the legislation, and sets out the appointment and powers of the Commissioner of Building Control and authorised officers. These provisions are fundamental to ensuring clarity, authority, and effective administration of building regulations.
"This Act is the Building Control Act 1989." — Section 1
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This provision exists to formally identify the legislation, providing a clear reference point for all subsequent legal and administrative actions. It ensures that all stakeholders recognize the Act under this official title, facilitating legal certainty and uniformity.
"In this Act, unless the context otherwise requires —" followed by detailed definitions of terms such as "accredited checker", "building", "building works", "Commissioner of Building Control", etc. — Section 2(1)
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Section 2(1) serves the critical function of defining terms that recur throughout the Act. By providing precise meanings, it eliminates ambiguity and ensures consistent interpretation. For instance, defining "building" expansively to include temporary structures, earth retaining walls, and fixed installations ensures comprehensive regulatory coverage.
"The Minister may appoint any person or persons that the Minister thinks fit to be the Commissioner of Building Control responsible for the operation of this Act..." — Section 3(1)
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This provision empowers the Minister to designate the Commissioner of Building Control, who is the central authority responsible for enforcing the Act. The appointment mechanism ensures that a qualified and accountable individual or individuals oversee building control operations, thereby maintaining regulatory integrity.
"The Commissioner of Building Control may generally or specially authorise... any public officer; any officer of the Building and Construction Authority; any officer of such other public authority..." — Section 3(2)
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Section 3(2) allows the Commissioner to delegate powers to authorised officers, facilitating efficient enforcement and administration. This delegation is necessary to manage the broad scope of building control activities and to ensure that officers with appropriate expertise and jurisdiction can act on behalf of the Commissioner.
Comprehensive Definitions in the Preliminary Part
The Act’s Preliminary Part provides a detailed glossary of terms essential for interpreting and applying the legislation. These definitions are designed to cover the diverse aspects of building control, from the types of structures regulated to the roles of various professionals involved in building works.
"“accredited checker” means a person who is registered as an accredited checker under section 16..." — Section 2(1)
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This definition identifies the role of an accredited checker, a professional responsible for verifying compliance with building standards. The provision ensures that only qualified individuals undertake this critical function, thereby safeguarding construction quality and safety.
"“building” means any permanent or temporary building or structure and includes — (a) a hut, shed or roofed enclosure; (b) an earth retaining or stabilising structure, whether permanent or temporary; (c) a dock, wharf or jetty; (ca) a floating structure...; (d) a culvert, crossing, bridge, underpass or tunnel; (da) a fixed installation; (e) a sewage treatment plant, sewer, drain, swimming pool or any non‑proprietary type of concrete tank for the storage of any solid, liquid or gaseous product; (f) a shelter provided under the Civil Defence Shelter Act 1997; and (g) such other erection or structure (whether permanent or temporary) as the Minister may, by order in the Gazette, declare to be a building;" — Section 2(1)
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This expansive definition ensures that the Act’s regulatory reach covers a wide variety of structures, both permanent and temporary. It reflects the necessity to regulate not only conventional buildings but also ancillary and specialized structures that impact public safety and urban planning.
"“building works” means — (a) the erection, extension or demolition of a building; (b) the alteration, addition or repair of a building; (c) the provision, extension or alteration of any air conditioning service or ventilating system in or in connection with a building, and includes any fixed installation works, and any site formation works connected with or carried out for the purpose of paragraph (a), (b) or (c);" — Section 2(1)
By defining "building works" broadly, the Act captures a wide range of construction activities subject to regulation. This ensures that all significant modifications affecting building safety and compliance are monitored and controlled.
"“Commissioner of Building Control”, in relation to this Act or any Part or provision of this Act, means any Commissioner of Building Control appointed under section 3(1) to be responsible for the operation of this Act or that Part or provision, as the case may be;" — Section 2(1)
Verify Section 2 in source document →
This definition clarifies the scope of the Commissioner’s authority, linking it explicitly to the appointment under Section 3(1). It reinforces the Commissioner’s role as the key official responsible for the Act’s implementation.
Penalties for Non-Compliance and Enforcement Authority
The Preliminary Part also addresses the consequences of failing to comply with the Act’s requirements and the legal status of authorised officers. These provisions are crucial for ensuring adherence to building regulations and empowering enforcement personnel.
"Where — (a) by or under any provision of this Act or any subsidiary legislation made under this Act an act or thing is required or directed to be done within a particular period or before a particular time... (b) failure to do that act or thing within the period or before the time mentioned in paragraph (a) constitutes an offence; and (c) that act or thing is not done within the period or before the time mentioned in paragraph (a), the obligation to do that act or thing continues... and if the failure to do that act or thing within the period or before the time mentioned in paragraph (a) is an offence, a person shall be guilty of a separate offence in respect of each day... during which the person continues to refuse or fail to comply with that requirement or direction." — Section 2(5)
This provision exists to deter prolonged non-compliance by imposing daily offences for continued failure to meet statutory requirements. It ensures that obligations under the Act are not ignored or delayed indefinitely, thereby promoting timely adherence to building control measures.
"Any person who is authorised under subsection (2) to exercise any power or carry out any duty of the Commissioner of Building Control under this Act — (a) must, when exercising that power or carrying out that duty, comply with the directions of the Commissioner of Building Control; (b) is deemed to be a public servant for the purposes of the Penal Code 1871; and (c) if the person is an officer mentioned in subsection (2)(b) or (c), is deemed to be a public officer for the purposes of this Act." — Section 3(3)
Verify Section 3 in source document →
This provision confers public servant status on authorised officers, which is essential for the enforcement of the Act. It enables these officers to exercise statutory powers with the authority and protections accorded to public servants, thereby facilitating effective regulatory oversight and enforcement.
Cross-References to Other Legislation
The Preliminary Part of the Building Control Act 1989 integrates with a broad network of related statutes, reflecting the interconnected nature of building regulation, land use, professional qualifications, and public safety. These cross-references ensure coherence and consistency across Singapore’s legal framework.
"“common property” has the meaning given by — (a) the Town Councils Act 1988 where the common property is comprised in a housing estate of the Housing and Development Board; or (b) the Building (Strata Management) Act 2004 in any other case;" — Section 2(1)
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This cross-reference clarifies the meaning of "common property" depending on the context, ensuring that the Building Control Act aligns with property management laws. It prevents conflicting interpretations and supports integrated property governance.
"“Building and Construction Authority” means the Building and Construction Authority established under section 3 of the Building and Construction Authority Act 1999;" — Section 2(1)
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By referencing the Building and Construction Authority Act 1999, the Act situates the Building and Construction Authority as a key institutional player in building control, ensuring that its powers and responsibilities are clearly defined and consistent across legislation.
"“competent authority” means the competent authority appointed under section 5 of the Planning Act 1998 in respect of the development of land;" — Section 2(1)
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This definition links building control with land development regulation under the Planning Act 1998, ensuring that building works comply with land use planning requirements. It reflects the necessity of coordinated governance between planning and building control authorities.
"“qualified person” means a person who is registered as — (a) an architect under the Architects Act 1991 and has in force a practising certificate issued under that Act; or (b) a professional engineer under the Professional Engineers Act 1991 and has in force a practising certificate issued under that Act;" — Section 2(1)
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This provision ensures that only duly registered and certified professionals undertake critical roles in building works, thereby upholding professional standards and public safety.
"“owner” — (a) in relation to any premises comprised in a strata title plan, means — (i) in relation to a lot — any person who is the registered subsidiary proprietor of the lot under that Act; ... (b) in relation to any building in a housing estate of the Housing and Development Board, means — (i) in relation to a flat — any owner of the flat as defined under the Housing and Development Act 1959; ... (c) in relation to any subdivided building other than a subdivided building referred to in paragraph (a) or (b), means — (i) in relation to a lot — any person who is the registered proprietor in the land-register under the Land Titles Act 1993 of the fee simple, estate in perpetuity or leasehold estate of that lot; ... (d) 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 (e) where paragraphs (a) to (d) do not apply — means the person for the time being receiving the rent of the premises or building... 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..." — Section 2(1)
This comprehensive definition of "owner" ensures clarity on ownership status across various property types and legal frameworks. It is vital for determining responsibility and accountability under the Act.
"“permanent resident of Singapore” has the meaning given by section 2 of the Immigration Act 1959;" — Section 2(1)
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Referencing the Immigration Act 1959 aligns the Act’s terminology with national immigration law, ensuring consistent application of residency status in regulatory contexts.
"“limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005;" — Section 2(1)
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This cross-reference ensures that entities regulated under the Building Control Act are correctly identified according to corporate law, facilitating proper legal treatment of such entities.
"Any person who is authorised under subsection (2) to exercise any power or carry out any duty of the Commissioner of Building Control under this Act ... is deemed to be a public servant for the purposes of the Penal Code 1871;" — Section 3(3)(b)
Verify Section 3 in source document →
This provision links the status of authorised officers to the Penal Code 1871, enabling the application of criminal law provisions relevant to public servants, such as offences related to corruption or abuse of power.
"“strata title plan” has the meaning given by the Land Titles (Strata) Act 1967;" — Section 2(1)
Verify Section 2 in source document →
By adopting the definition from the Land Titles (Strata) Act 1967, the Act ensures consistency in terminology related to strata properties, which are common in Singapore’s urban landscape.
"“shelter provided under the Civil Defence Shelter Act 1997;" — Section 2(1)
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This inclusion reflects the importance of civil defence considerations in building control, ensuring that shelters are regulated under the same framework to maintain safety standards.
Conclusion
The Preliminary Part of the Building Control Act 1989 is foundational to the effective regulation of building works in Singapore. By establishing clear definitions, empowering the Commissioner of Building Control and authorised officers, prescribing penalties for non-compliance, and integrating with other relevant legislation, it creates a robust legal framework. This framework ensures that building activities are conducted safely, professionally, and in harmony with broader urban planning and public safety objectives.
Sections Covered in This Analysis
- Section 1: Short Title
- Section 2(1): Definitions
- Section 2(5): Offences for Non-Compliance
- Section 3(1): Appointment of Commissioner of Building Control
- Section 3(2): Authorisation of Officers
- Section 3(3): Status of Authorised Officers
Source Documents
For the authoritative text, consult SSO.