Statute Details
- Title: Building Control (Retrofitting of Casement Windows) Order 2004
- Act Code: BCA1989-S599-2004
- Type: Subsidiary legislation
- Authorising Act: Building Control Act (Cap. 29), section 22C(1)
- Enacting date: 28 September 2004
- Commencement: 1 October 2004
- Current version: Current version as at 26 March 2026
- Key amendments noted in extract: Amended by S 479/2007 with effect from 17 September 2007
- Legislative instrument number: S 599/2004 (SL 599/2004)
- Relevant provisions (as provided): ss. 1–8
What Is This Legislation About?
The Building Control (Retrofitting of Casement Windows) Order 2004 (“the Order”) is a targeted regulatory instrument made under the Building Control Act. Its central purpose is to reduce safety risks associated with certain casement windows installed on residential buildings—specifically those that open outwards and are fitted with aluminium rivets at variable geometry stays. The Order does this by imposing a legal duty to retrofit affected windows within defined timelines and by prescribing the technical method for retrofitting.
In plain terms, the Order requires the “person responsible” for qualifying casement windows to engage an approved window contractor to carry out retrofitting works. The works must replace the relevant aluminium rivets with stainless steel rivets of a specified type and standard. The Order also restricts who may retrofit (or supervise retrofitting) by requiring that retrofitting be performed by trained window installers working within the framework of an approved window contractor.
The scope is deliberately narrow: it applies only to casement windows that (i) are installed on or form part of the exterior of a residential building, (ii) open outwards, and (iii) are fitted with aluminium rivets at the variable geometry stays. It also sets a structured compliance regime using an “applicable date,” a “grace period,” and a “prescribed age” benchmark, so that older windows must be retrofitted sooner than newer ones.
What Are the Key Provisions?
1. Citation and commencement (s. 1)
Section 1 provides that the Order may be cited as the Building Control (Retrofitting of Casement Windows) Order 2004 and comes into operation on 1 October 2004. This matters for determining when the duty to retrofit begins to bite and for calculating the grace period and related timelines.
2. Definitions (s. 2)
Section 2 defines key terms used throughout the Order. In particular:
- “Authority” means the Building and Construction Authority.
- “casement window” means a window (or part) that opens on hinges, pivots or variable geometry stays.
- “approved window contractor” and “trained window installer” adopt meanings from the Building Control Regulations 2003 (G.N. No. S 666/2003).
These cross-references are legally significant: they import qualification, licensing/approval, and competency requirements from the regulatory framework governing contractors and installers.
3. Application and the “trigger” characteristics (s. 3)
Section 3 sets the precise class of windows to which the Order applies. A casement window must satisfy all three criteria:
- Exterior of residential building: installed on or forming part of the exterior of any residential building;
- Outward opening: opens outwards; and
- Aluminium rivets at variable geometry stays: fitted with aluminium rivets at the variable geometry stays.
For practitioners, this is the first and most important interpretive step: if a window does not meet the criteria (for example, it opens inwards, or the relevant stays are not fitted with aluminium rivets), the Order’s retrofit duty may not apply.
4. Applicable date, grace period, and prescribed age (s. 4)
Section 4 establishes the compliance timetable:
- Applicable date: 1 October 2004.
- Grace period: 12 months.
- Prescribed age: 5 years, reckoned from either:
- the earlier of (a) the date the first temporary occupation permit (or equivalent) or the first certificate of statutory completion is issued for the building, or (b) if the window was installed/replaced after that date, the date the last installation or replacement was completed.
This design allows the law to differentiate between older and newer windows. It also provides a factual method for calculating “age” that can be evidenced through building completion documentation and installation/replacement records.
5. Duty to retrofit (s. 5)
Section 5 operationalises the retrofit obligation by linking it to section 22B(1) of the Building Control Act. Where a qualifying casement window was installed on or forms part of a building before 1 October 2004, the “person responsible” must engage an approved window contractor to retrofit the window within the relevant timeframe.
The timing rules are expressed as follows:
- If the window is 5 years old or older on 1 October 2004, retrofitting must be done within the 12-month grace period starting from 1 October 2004.
- If the window is less than 5 years old on 1 October 2004, retrofitting must be done either:whichever period is longer.
- within the 12-month grace period starting from 1 October 2004; or
- within the period before the window attains the prescribed age of 5 years,
This “whichever is longer” formulation is important for compliance planning. It effectively means that newer windows may be given additional time until they reach five years old, but older windows are subject to the full grace period.
6. Retrofitting by trained window installer (s. 6)
Section 6 imposes competency and supervision controls. As a general rule, no person shall retrofit a casement window unless they are a trained window installer, or they are doing so under the supervision and guidance of a trained window installer.
After the 2007 amendment (S 479/2007, effective 17 September 2007), section 6(1A) tightens the restriction: a trained window installer may not retrofit (or supervise and guide retrofitting) unless the installer is one of the following, of an approved window contractor engaged under section 5:
- a director;
- a partner;
- the sole proprietor; or
- an employee.
Section 6(2) provides the enforcement consequence: contravention is an offence punishable on conviction by a fine not exceeding $5,000, imprisonment not exceeding 6 months, or both. This is a meaningful deterrent and creates a compliance risk for both individuals and contractors who attempt to use installers outside the approved contractor framework.
7. Retrofitting requirements (s. 7)
Section 7 is the technical “how-to” provision. It requires that every approved window contractor and every trained window installer engaged to carry out retrofitting must do two things:
- Replace the aluminium rivets: retrofit by replacing all aluminium rivets at the variable geometry stays with stainless steel rivets of type 304 complying with BS EN 10088 or its equivalent.
- Ensure proper and secure retrofitting: immediately after retrofitting but before leaving the site, take all necessary steps to ensure the casement window has been properly and securely retrofitted.
Section 7(2) provides an offence for failure to comply with section 7(1), again punishable by a fine not exceeding $5,000, imprisonment not exceeding 6 months, or both. For practitioners, the key evidential issues typically include: (i) whether the correct rivet specification was used, and (ii) whether the contractor can demonstrate that the window was properly secured before departure.
8. Retrofitting report (s. 8)
Section 8 imposes a reporting obligation on the “person responsible.” As soon as reasonably practicable after the retrofitting works are completed, the person responsible must submit a report of the completed works to the Commissioner of Building Control in such form as the Commissioner determines.
This provision is crucial for enforcement and auditability. Even if the technical retrofitting was done, failure to submit the required report may undermine compliance and expose the person responsible to regulatory consequences under the broader Building Control Act framework.
How Is This Legislation Structured?
The Order is structured as a short, eight-section instrument:
- Section 1: citation and commencement.
- Section 2: definitions (including cross-references to the Building Control Regulations 2003).
- Section 3: application—defines the qualifying casement windows.
- Section 4: applicable date, grace period, and prescribed age (the compliance timetable).
- Section 5: duty to retrofit—who must engage an approved contractor and when.
- Section 6: who may retrofit—trained installers and restrictions after the 2007 amendment, plus offences.
- Section 7: technical retrofitting requirements—rivet replacement and immediate post-retrofit checks, plus offences.
- Section 8: retrofitting report to the Commissioner.
Who Does This Legislation Apply To?
The Order applies to casement windows meeting the criteria in section 3. However, the legal duties are imposed on persons in different roles. The person responsible for qualifying windows must engage an approved window contractor to retrofit within the timeframes in section 5 and must submit a retrofitting report under section 8.
Separately, approved window contractors and trained window installers have operational obligations under sections 6 and 7. The 2007 amendment narrows who may act as a trained window installer for the purposes of retrofitting: the installer must be a director, partner, sole proprietor, or employee of the approved window contractor engaged under section 5. This creates a compliance boundary that affects staffing, subcontracting arrangements, and supervision practices.
Why Is This Legislation Important?
This Order is important because it addresses a specific building safety issue through a mandatory retrofit regime. By prescribing both the scope (what windows are covered) and the method (what rivets must be used and what checks must be performed), it reduces ambiguity and supports consistent enforcement.
From a practitioner’s perspective, the Order’s practical value lies in its structured compliance timetable and its enforceable constraints on who may perform the work. The offence provisions (fine and/or imprisonment) for contraventions of the installer restrictions and technical requirements elevate the need for careful contract management, documentation, and verification of materials and workmanship.
Finally, the reporting requirement under section 8 ensures that retrofitting is not merely performed but also recorded and communicated to the Building and Construction Authority’s decision-maker (the Commissioner of Building Control). In disputes or investigations, the report can be central evidence of compliance, timing, and completion.
Related Legislation
- Building Control Act (Cap. 29): sections 22B(1) and 22C(1) (as referenced in the Order)
- Building Control Regulations 2003 (G.N. No. S 666/2003): definitions of “approved window contractor” and “trained window installer” (as incorporated by section 2 of the Order)
- Building Control (Retrofitting of Casement Windows) Order 2004 amendment: S 479/2007 (effective 17/09/2007)
Source Documents
This article provides an overview of the Building Control (Retrofitting of Casement Windows) Order 2004 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.