Statute Details
- Title: Building Control (Value of Building Works Requiring Accredited Checker from Accredited Checking Organisation) Notification 2008
- Act Code: BCA1989-S647-2008
- Type: Subsidiary legislation (Notification)
- Enacting / Authorising Act: Building Control Act (Chapter 29)
- Authorising provision: Section 13(3)(a)(ii) of the Building Control Act
- Citation: Building Control (Value of Building Works Requiring Accredited Checker from Accredited Checking Organisation) Notification 2008
- Commencement: 18 December 2008
- Key provisions (from extract): Section 1 (Citation and commencement); Section 2 (Value threshold)
- Legislative instrument number: S 647/2008
- Minister / maker: Permanent Secretary, Ministry of National Development (on behalf of the Minister)
- Parliamentary presentation: To be presented to Parliament under section 52 of the Building Control Act
What Is This Legislation About?
The Building Control (Value of Building Works Requiring Accredited Checker from Accredited Checking Organisation) Notification 2008 (“Notification”) is a short but practically significant instrument made under the Building Control Act. In plain terms, it sets a monetary threshold that determines when an accredited checker cannot carry out building works “on his own behalf” as an accredited checker for projects exceeding a specified value.
The Notification operates as a regulatory control on the independence and organisational accountability of accredited checkers. The underlying policy is that, for higher-value building works, the regulatory framework should require the involvement of an accredited checking organisation rather than allowing an accredited checker to act independently for the entire scope of the work. This helps manage risk in larger projects where the consequences of errors, omissions, or conflicts of interest can be more severe.
Although the Notification is brief, it is tightly linked to section 13(3)(a) of the Building Control Act. Practitioners should read it together with the Building Control Act provisions governing accredited checkers and accredited checking organisations, because the Notification does not stand alone—it clarifies the value threshold for the statutory restriction.
What Are the Key Provisions?
Section 1: Citation and commencement. Section 1 provides the formal citation of the Notification and states that it came into operation on 18 December 2008. For legal practice, this matters mainly for determining the applicable regulatory regime for projects where the relevant building works, submissions, or appointments occurred around that date.
Section 2: Value of building works (the $15 million threshold). This is the core provision. It states that, for the purposes of section 13(3)(a) of the Building Control Act, an accredited checker shall not undertake work on his own behalf as an accredited checker in relation to building works the value of which is more than $15 million.
In practical terms, the Notification draws a line at $15,000,000. If the value of the building works exceeds that amount, the accredited checker is prohibited from undertaking the relevant work “on his own behalf” in his capacity as an accredited checker. The legal effect is to require that the checker’s role, for such high-value works, must be structured through an accredited checking organisation (as contemplated by the title and by section 13(3)(a) of the Act).
Interpretive points for practitioners. Several issues commonly arise when applying a monetary threshold in building control regulation:
- Meaning of “value of building works”. The Notification itself does not define “value”. Practitioners should consult the Building Control Act and any related subsidiary legislation, guidelines, or definitions used for “value” in the building works context (e.g., contract value, total project value, or another prescribed measure). The correct valuation method is critical because it determines whether the $15 million threshold is crossed.
- Scope of “undertake work”. The phrase “undertake work on his own behalf as an accredited checker” suggests a restriction on the checker acting independently. Lawyers should examine how the Act and related rules describe the checker’s functions (e.g., plan checking, inspection, certification) and whether the restriction applies to all checker activities or only those performed in an independent capacity.
- “On his own behalf” versus organisational engagement. The prohibition is not against the accredited checker being involved at all; rather, it prevents the checker from undertaking work independently as an accredited checker for projects above the threshold. The compliance pathway is typically to ensure that the checker is engaged through, or acting under, an accredited checking organisation for the relevant high-value works.
Because the Notification is explicitly “for the purposes of section 13(3)(a) of the Act,” it is best treated as a threshold clarification that triggers the statutory restriction. Accordingly, compliance analysis should begin with the statutory text in section 13(3)(a) and then apply the Notification’s $15 million limit.
How Is This Legislation Structured?
The Notification is structured as a very concise instrument with an enacting formula and two substantive provisions:
- Section 1 (Citation and commencement): identifies the instrument and its effective date.
- Section 2 (Value of building works): sets the threshold and the consequent restriction on accredited checkers acting independently for projects above that value.
There are no additional parts or detailed schedules in the extract provided. The operative compliance rule is therefore contained entirely in section 2, and its legal operation is dependent on the Building Control Act’s framework for accredited checkers and accredited checking organisations.
Who Does This Legislation Apply To?
The Notification applies to accredited checkers—professionals who are authorised under the Building Control Act framework to perform specified building control checking functions. The restriction is triggered when such an accredited checker would undertake work “on his own behalf” in relation to building works exceeding the threshold.
In addition, while the Notification is directed at accredited checkers, its practical impact extends to building owners, developers, main contractors, and checking arrangements. These parties must structure appointments and checking engagements so that, for building works valued at more than $15 million, the checking functions are not performed by an accredited checker acting independently, but rather through an accredited checking organisation consistent with the Act and the Notification.
Why Is This Legislation Important?
Even though the Notification is short, it has real compliance consequences. High-value building projects are typically complex, involve multiple stakeholders, and carry greater regulatory and safety stakes. By restricting independent action by accredited checkers above a defined value threshold, the regulatory regime promotes organisational oversight, standardised processes, and accountability structures that are more robust than individual arrangements.
From a legal risk perspective, the Notification reduces the likelihood of conflicts of interest and quality-control failures in large projects. It also provides a clearer compliance benchmark: once the project value exceeds $15 million, the parties must ensure that the checking arrangement complies with the statutory scheme as clarified by the Notification.
For practitioners advising on project governance, tender documentation, appointment letters, and regulatory submissions, the Notification should be treated as a gating requirement. Failure to structure the checking engagement correctly can lead to regulatory non-compliance, delays in approvals, or disputes about whether the checking work was validly performed under the statutory framework.
Related Legislation
- Building Control Act (Chapter 29) — in particular section 13(3)(a)(ii), which is the authorising provision for this Notification and sets the statutory rule that the Notification clarifies by value threshold.
- Building Control Act subsidiary legislation and related “accredited checker” / “accredited checking organisation” provisions — to determine definitions, valuation methodology, and the operational requirements for compliance (e.g., how “value of building works” is measured and what constitutes “undertaking work on his own behalf”).
Source Documents
This article provides an overview of the Building Control (Value of Building Works Requiring Accredited Checker from Accredited Checking Organisation) Notification 2008 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.