Guide to BldgControl Changes 07 08v2

7/31/2019 Guide to BldgControl Changes 07 08v2

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A GUIDEBOOK TO THECHANGES IN BUILDING CONTROL

2007/2008

Building and Construction Authority


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For reference, this is the version as of 31 Mar 2009

Copyright @ 2009 Building and Construction Authority, Singapore. Allrights reserved. This document or any part of it may not bereproduced for any reason whatsoever or in any form or means

whatsoever and howsoever without the prior written consent andapproval of the Building and Construction Authority, Singapore.

While every effort has been made to ensure the accuracy of theinformation in this publication, the Building and Construction

Authority, its employees and its agents shall not be responsible forany mistake or inaccuracy found in this Guidebook and expresslydisclaim all such liability and responsibility.

This Guidebook is not an exhaustive attempt to explain every detailand provision in the Building Control Act and its Regulations. Where

appropriate and necessary, users are advised to seek and obtainindependent legal or professional advice on interpreting the

provisions in the Building Control Act and its Regulations.

ISBN 978-981-08-0341-4


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CONTENTS

CHAPTER TOPIC Page

What this book is about 01

Read This First 03

1 Appointments 11

2 Supervision of Building Works 27

3 Duties of Project Parties 37

4 On Accredited Checkers 49

5 Underground Building Works 57

6 Licensing of Builders 81

Glossary 103

Schedules 113


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This is a blank page


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WHAT THIS BOOK IS ABOUT

The Building Control (Amendment) Act 2007 introduced new

provisions to the building control system in Singapore andupdated some existing ones. Some of the new provisions, like

builders licensing, brought in fundamental changes to theexisting system while others, such as supervision teams for

structural works, strengthened the existing requirements.Subsequently, in 2008, the Building Control Regulations and theBuilding Control (Accredited Checkers and Accredited

Checking Organisations) Regulations have been amended andthe Building Control (Builders Licensing) Regulations wereintroduced. All these changes are to enhance building safetyand to raise professionalism in the construction industry. As thechanges are wide-ranging, there will be impact on the waythings are to be done and rules that are to be followed.

Why this Guidebook?

The main purpose of this Guidebook is, first of all, to provide acomprehensive and easy reference to anyone interested infinding out about the changes in the Building Control Act and itsRegulations.

Secondly, the Building Control Act prescribes provisions in abroad manner. Similar to any other Act, this is necessary to make

the fundamental purpose of each provision clear without it beingcluttered with details. The details of implementation are alwaysprovided in regulations, of which there are several under the

Building Control Act. This Guidebook makes it easy for the reader

to have a grasp of any particular provision of the Act by bringingtogether the related details found in the regulations under the

same section of discussion.

Thirdly, the Act and the regulations cannot cover and prescribeimplementation solutions to every conceivable situation in reallife. There could be situations where some explanation is

required. With useful feedback received from the industry during


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the consultation exercise, explanation to some of such situations

have been included in this Guidebook so that everyone is clearabout the requirements under those situations.

While every effort is made to ensure the accuracy of informationpresented in this Guidebook, neither BCA nor its employees can

accept responsibility for any loss or damage incurred inconnection with the use of the contents. This Guidebook is not an

exhaustive attempt to explain every detail and provision in theBuilding Control Act and its Regulations. Where appropriate andnecessary, users are advised to seek and obtain independentlegal or professional advice on interpreting the provisions in theBuilding Control Act and its Regulations. Nothing in thisGuidebook shall be taken as being legally binding and none of

the terms and explanations shall be deemed to be aninterpretation of the provisions of the Act and its regulations.

How this Guidebook is organised

The Guidebook summarizes the main changes under sixchapters. Each of the chapters deals with an important topicunder the building control system where there are significantchanges. The provisions related to each topic are collated withinthe respective chapter. Where useful, the Guidebook has

included elaboration or interpretation to some of the provisionsunder each chapter. To give a more complete picture, relateddetails from the building regulations are discussed under the

same section where each provision is found. A glossary is

provided at the back of the Guidebook. The glossary explains ingreater detail the meaning of new definitions that have been

introduced into the Building Control Act and its Regulations.

Before you read any chapter of the Guidebook, please first readthe next section. It explains some of the terms and abbreviationsused to simplify the writing and reading of this Guidebook.

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READ THIS FIRST

Industry stakeholders commonly use certain terms and

abbreviations to refer to some parties, matters or thingsassociated with the construction industry, and for a good reason.

Since the Act and its Regulations have to be precise indescribing these parties, matters or things, some of the

expressions used in the Act and its Regulations could beunwieldy. Take for example the expression the qualified personappointed under section 8 or 11 to supervise the building works,

which is used in many parts of the Act and its Regulations. Theindustry calls this person the supervision QP. To make thisGuidebook easier to write and to read, some of these simplerterms and expressions are used. But just to be sure that theseterms and expressions mean the same thing to everyone, thissection of the Guidebook lists the terms and expressions usedand their meanings. The reader should not ascribe any other

meaning to these terms and expressions.

MEANINGS OF TERMS AND EXPRESSIONS USED IN THIS GUIDEBOOK

AC

This means accredited checker, and refers to an accreditedchecker who is registered to check the structural works of a

project.

AC(Geo) or Specialist AC

There is another class of AC called specialist accredited

checker or AC(Geo). An AC(Geo) is registered to check thegeotechnical aspects of underground building works. His

registration is distinct from that of an AC and he cannot performthe duties of the AC, unless he is also registered as an AC.

Act

Unless specified, the use of the term Act by itself in this

Guidebook refers to the Building Control Act.


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Building Plans

This refers to the plans that relate to the architectural elements of

the building works. They are also called the architectural plans.

Building Regulations

There are several sets of Regulations associated with the BuildingControl Act. Where the term building regulations is used in this

Guidebook, it refers to any or all of the sets of Building ControlRegulations made under the Building Control Act.

CBC

CBC means the Commissioner of Building Control.

Design QP

This term refers to the qualified person appointed to prepare theplans of the particular building works being discussed.

Design QP(Arch)

This term refers to the qualified person appointed to prepare thearchitectural plans of the building works.

Design QP(Geo)

This term refers to the qualified person appointed to prepare theplans of the geotechnical aspects of underground buildingworks.

Design QP(Struct)

This term refers to the qualified person appointed to prepare the

structural plans of the building works.

Developer

This is a new term in the amended Act. It means the person forwhom or on whose behalf the building works are carried out.

Readers should note that when used in this Guidebook, the termmeans more than a commercial or housing developer as

defined in the Housing Developers (Control and Licensing) Act(Cap. 130).

In this Guidebook, a developer includes any person who buildsany house, building or structure (or part of it), or engages othersto build it for him. It does not matter why he is building it, whether

for his own use or for any other purposes. So, a home owner whogets a contractor to build his new house or to do additions oralterations to his existing house is a developer.


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To illustrate further: A contractor who decides to executebuilding works to build his own house is both developer and

builder in that particular project. Under a design-and-buildproject, the owner (i.e. the one who commissions the project) isthe developer. This is so even if the person chooses to let the

builder take over every aspect of the project right up to the pointof completion.

General Building Works

This term is used in the Act only for the purposes of builderslicensing. General building works must be carried out only by alicensed general builder.

Geotechnical engineer or PE(Geo)

Geotechnical engineer means a specialist professional engineerwho is registered in the branch of geotechnical engineeringunder the Professional Engineers Act (Cap. 253) and has in forcea practising certificate under that Act to practise in thespecialised branch of geotechnical engineering. Another termcommonly used for the geotechnical engineer by the industry isPE(Geo).

Geotechnical Report

This term refers to any calculations, plans or report, prepared inrespect of underground building works by a qualified person who

is a geotechnical engineer, showing

a) the results of the findings, evaluation and interpretation ofthe site investigation and laboratory tests;

b) assessment of and recommendations on the geotechnicalaspects for the design and construction of theunderground building works; and

c) plans showing those elements of building works designedby the person who is a geotechnical engineer.

Major building works

The Act uses this term to refer to those works that require an AC

to check the structural plans and design calculations.

Minor building works

The Act uses this term to refer to those works that do not require

an AC to check the structural plans and design calculations.Minor building works are given in the Fourth Schedule of theBuilding Control Regulations (see Schedule B in this Guidebook).


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PE

This means professional engineer. The relevant professional

engineer applicable to this Act is registered either in (i) thebranch of civil or structural engineering, or (ii) the specialisedbranch of geotechnical engineering. For the former, the PE is

commonly called the PE(Civil) while the latter is referred to as thePE(Geo).

Plans of building works

The Act requires different sets of plans to be submitted forapproval. In most cases, there would be the architectural plansand the structural plans. All the different types of plans arereferred to as the plans of building works. The term plans

under the Act also refers to drawings, details, diagrams, structuraldetails and calculations showing or relating to the building worksand if prepared in electronic form, includes the medium in whichthe plans of building works have been stored.

QP, QP(Arch), QP(Geo), QP(Struct)

QP means qualified person. A QP would either be an architector a PE who is registered with the Board of Architects or theProfessional Engineers Board respectively. All QPs must have in

force a practising certificate from the respective Board. Thereare professional duties under the Act and Regulations that mustbe performed by QPs. In most building projects, there would be a

number of qualified persons, namely:

QP(Arch) who is a registered architect appointed to

undertake the architectural works.QP(Geo) who is a geotechnical engineer appointed toundertake the geotechnical aspects of building works.QP(Struct) who is a professional engineer or PE appointed toundertake the structural works.

In some projects, a PE is appointed to prepare the plans of and

supervise specific structural works, for example those associatedwith the fixtures to support the buildings cladding system. This PE

may be appointed in addition to the QP(Struct), who has beenappointed for the main structural system of the building. The PE isthen the QP(Struct) for those works associated with the fixtures forthe cladding system.

Also, for the same aspects of the building works, there could betwo QPs appointed one to prepare the plans relating to those


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aspects of the building works and another to supervise the

carrying out of the same aspects of the building works. Todifferentiate between these two QPs, the terms Design and

Supervision are prefixed to them, for example, DesignQP(Struct) and Supervision QP(Struct).

In short, anyone who is appointed to perform the mandatoryprofessional duties related any part of the whole building works is

the QP for that part of the works.

QSS

When used in any part of this Guidebook, QSS means thequalified site supervisor who is required to be appointed underSection 10 of the Building Control Act by the QP to supervise the

structural or geotechnical aspects of the building works. Thereare 2 categories of QSS, namely resident engineer and residenttechnical officer.

RE

This means resident engineer.

RTO

This means resident technical officer. This is a new term to

replace what we used to call clerk-of-works.

Specialist Building Works

This term is used in the Act only for the purposes of builders

licensing. Specialist building works can only be carried out bylicensed specialist builders and the term means the following

types of building works:

a) piling works comprising installation and testing of pre-castreinforced concrete or pre-stressed concrete piles, steelpiles, bored cast-in-place reinforced concrete piles,

caissons and special pile types like micro-piles, barrettespiles and composite piles, embedded retaining wall piles

like diaphragm walls, contiguous bored piles or secantpiles;

b) ground support and stabilization works, includinginstallation and testing of ground anchors, soil nails, rockbolts, ground treatment like chemical grouting and jet-

grouting, reinforced-earth, shotcreting and tunnelsupports;


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c) site investigation work comprising field investigations,exploratory drilling or boring, logging, sampling, coring, in-situ plate-loading tests, pressure meter tests, penetration

tests, vane shear tests, probing tests, permeability tests,geological mapping and geophysical surveys, andinstallation and monitoring of instruments measuring forces,

deformation, displacements, pore and earth pressures,and ground-water levels;

d) structural steelwork comprising (i) fabrication of structural elements;(ii)erection work like site cutting, site welding and site

bolting; and(iii)installation of steel supports for underground building

works;

e) pre-cast concrete work comprising fabrication of pre-caststructural elements; and

f) in-situ post-tensioning work comprising setting out oftendon profiles, laying of conduits, anchorages andbursting reinforcement, pulling or stressing of cables,pressure grouting of conduits.

Structural Plans

This refers to the plans that relates to the structural elements of

the building works. It includes the piling plans, the substructure

plans, the superstructure plans and all other plans showing detailsof structural works.

Supervision QP

This term refers to the qualified person appointed to supervise theparticular building works being discussed.

Supervision QP(Arch)

This term refers to the qualified person appointed to supervise the

architectural works.

Supervision QP(Geo)This term refers to the qualified person appointed to supervise thegeotechnical aspects of underground building works.

Supervision QP(Struct)

This term refers to the qualified person appointed to supervise thestructural works.


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Underground Building Works

The term underground building works has been defined in the

Act and building regulations as any of the following buildingworks:

a) any excavation or other building works to make i. a tunnel with a diameter, width or height of more than

2 metres;ii. a caisson, cofferdam, trench, ditch, shaft or well with a

depth of more than 6 metres;

b) any building works for constructing, altering or repairingany earth retaining structure in or for a trench, ditch, shaft

or well with a depth or height of more than 6 metres; or

c) foundation works for buildings of 30 or more storeys high.See Chapter 5 for details on the requirements on undergroundbuilding works.

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CHAPTER 1

APPOINTMENTS

1.1 The Act requires various persons to be appointed whenany building works are to be carried out. These persons areappointed to perform, and be responsible for, their respective

duties prescribed in the Building Control Act and its Regulations.This chapter explains who is to be appointed for different types of

building works, who can make such appointments and what are

the special requirements related to some of the appointments.

DEVELOPER

1.2 Every building project begins with a developer. Under theAct, the developer is any person for whom building works are to

be carried out. This would include the commercial developerwho builds a condominium for sales after completion. It also

includes a government agency that builds a public building; say,a sports complex or a public bridge. A home owner who intendsto build his own private bungalow is also a developer.

1.3 To start the process of building, a developer is required toappoint people who are qualified to perform specific dutiesunder the Act. Normally, he would first appoint the respective

QPs to prepare the plans for approval. In design-and-buildprojects, he may first appoint a builder, who would in turnappoint the respective QPs to prepare the plans for approval. In

design-and-build projects, the builder is not the developer of theproject. The person who appoints the builder remains as thedeveloper under the Act, regardless of his involvement or thetype of procurement that he chooses.

1.4 The developer is the only one who can appoint anaccredited checker, and a specialist accredited checker if oneis needed.


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QUALIFIED PERSONS

1.5 Qualified Persons or QPs are required to prepare the plansof building works and to supervise the construction of those

works. There are three types of QPs

a) the QP for architectural works or QP(Arch) for short toprepare building plans for approval and to supervise thearchitectural works during construction. The QP(Arch) is

usually an architect registered under the Architects Act(Cap. 12) and has in force a practising certificate underthat Act. For building works listed in Part II of the Third

Schedule in the Building Control Regulations (seeSchedule C in this Guidebook), the QP(Arch) whoprepares the building plans can be an architect or a PE;

b) the QP for structural works or QP(Struct) for short toprepare structural plansfor approval and to supervise thestructural works during construction. The QP(Struct) is a PEregistered in the branch of civil or structural engineeringunder the Professional Engineers Act (Cap. 253) and has

in force a practising certificate under that Act; and

c) the QP for geotechnical aspects or QP(Geo) for short to prepare the underground building works plans relatingto the geotechnical aspects for approval and to

supervise the geotechnical aspects of the works duringconstruction. The QP(Geo) is a specialist PE registered inthe branch of geotechnical engineering under the

Professional Engineers Act (Cap. 253) and has in force a

practising certificate under that Act. While the QP(Geo)is needed only when there are underground building

works, a developer or builder should consider appointinga QP(Geo) for geotechnical aspects of any works if thesite has difficult ground conditions.

Scope of Professional Practice

BCR R6 Third Schedule

1.6 The QPs to be appointed depends on the type of project.The scope of professional practice is prescribed in the ThirdSchedule of the Building Control Regulations (see Schedule C inthis Guidebook).


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1.7 For building works that are named in Part I of the Third

Schedule, only a PE can act as a QP to prepare and sign for allthe plans (both the building and structural plans). Generally

these building works have very little architectural content andthe PE can prepare and sign for such content.

1.8 For building works that are named in Part II of the ThirdSchedule, either an architect or a PE, or both, can be appointed

as the QP to prepare and sign for the building plans. However,the structural plans of these projects have to be prepared andsigned by a PE.

1.9 For all other building works not named in Part I or Part II, anarchitect has to be appointed to act as the QP to prepare and

sign for the building (architectural) plans and to supervise thearchitectural works, whereas the QP appointed for structuralworks has to be a PE.

QP(Arch) Qualified Person for Architectural WorksAct S8 S11

1.10 A QP(Arch) has to be appointed by either the developer,or the builder to

a) prepare the plans of the architectural works, or buildingplans; in this case he will be the Design QP(Arch).

b) supervise the carrying out of those architectural works; inthis case he will be the SupervisionQP(Arch).

1.11 The developer or builder may appoint either the sameperson or different persons to be the Design QP(Arch) andSupervision QP(Arch).

QP(Struct) Qualified Person for Structural WorksAct S8 S11

1.12 A QP(Struct) has to be appointed by either the developer,or the builder in the case of a design-and-build project, to

a) prepare the plans of the structural works; in this case he willbe the Design QP(Struct).

b) supervise the carrying out of those structural works; in thiscase he will be the Supervision QP(Struct).


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1.13 The developer or builder may appoint either the same

person or different persons to be the Design QP(Struct) andSupervision QP(Struct). However, the appointments have to

comply with mandatory requirements on independence seethe section on Independence of Project Parties later in thischapter.

1.14 All structural works are classified as either large building

works or small-scale building works. Generally, large buildingworks are those that require the Supervision QP(Struct) to appointa minimum number of qualified site supervisors to help him in hissupervision duties. This team of qualified site supervisors has to bestationed full-time at the site. On the other hand, small-scalebuilding works only require the critical structural works to be

carried out under the immediate supervision of either theSupervision QP (Struct) or a qualified site supervisor (who neednot have to bestationed full-time at the site), working under theSupervision QP (Struct)s control and direction.

1.15 For details, see the section on Qualified Site Supervisorslater in this chapter.

Qualified Person for Geotechnical AspectsAct S8 S11

1.16 Where the building works comprise wholly or partly of anyunderground building works, qualified persons for the

geotechnical aspects have to be appointed by either thedeveloper, or the builder in the case of a design-and-buildproject, to

a) prepare the plans relating to the geotechnical aspects ofthose underground building works; in this case he will bethe Design QP(Geo).

b) supervise the geotechnical aspects of those undergroundbuilding works; in this case he will be the SupervisionQP(Geo).

1.17 The QP for the geotechnical aspects has to be ageotechnical engineer or QP(Geo). The developer or builder

may appoint either the same person or different persons to bethe Design QP(Geo) and Supervision QP(Geo). However, theappointments have to comply with mandatory requirements on

independence see the section on Independence of ProjectParties later in this chapter.


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1.18 For underground building works, the Supervision QP(Geo)has to appoint a minimum number of qualified site supervisors to

help him in his supervision duties. For details, see the section onQualified Site Supervisors later in this chapter.

General Notes on Appointment of Qualified Site Supervisors1.19 The requirement on appointment of qualified site

supervisors is prescribed under the Building Control Regulations,details of which are at the section on Qualified Site Supervisorslater in this chapter.

1.20 The appointment of qualified site supervisors is done by theSupervision QP (Struct) for the main building works. However, in

some projects, there may be other qualified persons appointedfor specific parts of the building works, such as for thegeotechnical works, cladding works and specialised spaceframes. These works will still need to be carried out under thesupervision of qualified site supervisors. However, the CBC will notrequire additional qualified site supervisors to be appointed if thesupervision of these works is to be carried out by the supervisionteam already appointed by the QP(Struct) for the main structuralworks. However, the CBC will also allow arrangement for these

specific works to be supervised by other additional qualified sitesupervisors appointed by the respective qualified persons. Whereappropriate, these works may be carried out under full-time or

part-time supervision by these other additional qualified site

supervisors, depending on the nature of the work as determinedby the qualified person who appointed them.

ACCREDITED CHECKERS

Accredited CheckerAct S8

1.21 For major building works, the developer has to appoint an

AC. The duty of the AC is to check the detailed structural plansand design calculations of the building works in accordance

with the building regulations and to carry out such other duties asmay be prescribed by those regulations (see Chapter 4 for moredetails). The appointment of an AC has to comply withmandatory requirements on independence see the section onIndependence of Project Parties later in this chapter.


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Act S8 S13(3)1.22 The AC to be appointed is determined by the value of thebuilding works as follows:

a) If the value of the building works exceeds $15 million, theAC has to be a director, partner, member or an employee

of an accredited checking organisation.b) If the value of the building works does not exceed $15

million, any AC could be appointed, that is, the AC may or

may not be affiliated with an accredited checkingorganisation.

Specialist Accredited CheckerAct S8

1.23 For major building works that comprise wholly or partly ofany underground building works, the developer has to appoint a

specialist accredited checker or AC(Geo) for the geotechnical

aspects of those building works.

1.24 Currently, the specialist AC appointed does not have tobe affiliated with any accredited checking organisation,regardless of the value of the building works.

1.25 The specialist AC has to check the geotechnical aspects

of underground building works in accordance with the building

regulations and carry out such other duties as may be prescribedby those regulations (see Chapter 4 for more details).

1.26 The appointment of any specialist AC has to comply withmandatory requirements on independence see the section on

Independence of Project Parties later in this chapter.

QUALIFIED SITE SUPERVISORS

Act S10

1.27 Qualified site supervisors or QSS have to be appointed bythe qualified person appointed to supervise the structural orgeotechnical aspects of the building works unless the SupervisionQP(Struct) or Supervision QP(Geo) personally supervises the works

for which he is responsible for (in the case of small-scale buildingworks). This appointment is made by:


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a) the QP appointed to supervise the carrying out ofstructural works, and

b) where there are underground building works, the QPappointed to supervise the geotechnical aspects of thoseunderground building works.

BCR R24 Fifth Schedule

1.28 Each QSS works under the charge and direction of the QPwho appoints him. The minimum number of qualified site

supervisors to be appointed by each QP and the type of

supervision to be provided depends on the value of the buildingworks, as follows:

a) Small-scale building works are those works where the valuedoes not exceed $7.5 million. For this type of works, the QP

has to appoint at least one QSS for immediate supervision

of works related to the critical structural elements, unlesshe personally supervises all the critical structural works inthe project.

b) Large building works have a value that exceeds $7.5million. For this type of works, the QP has to appoint a teamof qualified site supervisors comprising not less than a

minimum prescribed number of persons. This minimumnumber varies with the value of the building works.

General Notes on Value of Building Works

1.29 The requirements for QSS are determined by the value ofbuilding works. When determining the value of building works, it isnot confined to structural works alone. The term value isdefined as:

a) for any underground building works, the total cost to beexpended in carrying out those building works estimatedat the time of, and contained in, the application under

section 5 for approval of the plans of those building works,including any goods and services tax payable in relation

to the supply of the work; or

b) for any other building works, the total cost to be expendedin carrying out the building works (including thefoundations, basements, structural frame, finishes and theinstallation of building services) estimated at the time of,

and contained in, the application under section 5 forapproval of the plans of the building works, including any


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goods and services tax payable in relation to the supply of

the work.

Equipment and Machinery1.30 In some industrial projects, the contractual costs mayinclude the costs of various equipment or machinery to be

installed for the operational purpose of the building. While theseequipment or machinery are part and parcel of the building

contract, they are not relevant in so far as the design andconstruction processes of the building are concerned. Incomputing the value of building works, the cost of suchequipment or machinery need not be included.

Act S10(3)

1.31 There are two classes of QSS the RE and the RTO. More

details on requirements for QSS can be found in Chapter 2. To

qualify as a QSS under either of the two classes, a person must:

a) have the qualifications and practical experienceprescribed for his respective class;

b) remain accredited with the Joint Accreditation Committeeof the Institution of Engineers Singapore (IES) and theAssociation of Consulting Engineers Singapore (ACES) from

15 February 2009 onwards, andc) comply with mandatory independence requirements see

the section on Independence of Project Parties later in thischapter.

BUILDERS

Act S8 S11

1.32 The developer has to appoint a main builder to carry outthe building works. In some building works, the developer may

appoint more than one main builder in a project. As an example,different builders may be appointed for each building in aproject where there is more than one building.

1.33 Except for sub-contractors carrying out specialist buildingworks, other sub-contractors who work under the control anddirection of the main builder do not need to be licensed as theirengagement by the main builder is not a requirement under theAct. In so far as the Act and its Regulations are concerned, themain builder is responsible for works that are done by his sub-contractors.


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1.34 The builders main duty is to carry out the building works inaccordance with the Act and its Regulations, and the relevant

plans approved by the CBC, that are supplied to him by thequalified persons. The builders other duties are explained indetail in Chapter 3: Duties of Project Parties.

Specialist BuildersAct S11(2) S8

1.35 Specialist builders have to be appointed to carry outspecialist building works. There is no restriction on who mayappoint a specialist builder. However, the appointed specialistbuilder for monitoring instruments that measure groundproperties and movements has to comply with mandatory

independence requirements (see the section on Independence

of Project Parties later in this chapter).

1.36 The specialist builders main duty is to carry out therelevant specialist building works in accordance with the Act

and its Regulations, and the relevant plans approved by theCBC. The specialist builders other duties are explained in detailin Chapter 3: Duties of Project Parties.

LicensingAct Part VA

1.37 All builders and specialist builders have to be licensedunder Part VA of the Act (see Chapter 6: Licensing of Builders).

EXCAVATION WORKS

1.38 Works that involve ground excavations require special

care in structural and geotechnical design and supervision. This isbecause they have great impact on the safety of surroundingproperties. As the complexity of such works increases with the

depth of excavation, the requirements on appointments varywith the depth (except for appointments for architectural works).The following table (next page) summarizes the requirements.


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TABLE 1.1

TABLE ON APPOINTMENTS OF QPs AND ACs FOR BUILDING WORKSINVOLVING GROUND EXCAVATION

Appointments RequiredAll permanent ortemporary building

works that involve Qualified PersonAccredited

Checker

Excavation not morethan 1.5 m** deep

Plan approval is not required

Excavation more than1.5 m** deep but notexceeding 4 m deep

No accredited

checker required

Excavation more than4 m deep but notexceeding 6 m deep

Any professional

engineer can act as

the qualified person forstructural works

An accreditedchecker to checkstructural works

Excavation more than

6 m deep and allunderground building

works

Any professional

engineer can act asqualified person for

structural works (and ifhe is not ageotechnical engineer,then a geotechnical

engineer is needed forthe geotechnicalaspects)

An accredited

checker to checkstructural works

(and a specialistaccreditedchecker is neededfor the

geotechnicalaspects)

** If the structure that retains earth (either as a retaining wall or for

excavation) is not constructed of reinforced concrete or steel, thenthe applicable depth is 1 m instead of 1.5 m.

1.39 The appointments shown in the preceding table apply toboth the QP to prepare the structural plans and the QP tosupervise the works in those plans. The requirements are relevant

for all building works with excavations, regardless of whether thestructure to be constructed is for permanent use (such as

foundations and basements) or only for temporary use (such as

the temporary earth-retaining structures for holding back thefaces of an excavation during the construction of an

underground structure).


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INDEPENDENCE OF PROJECT PARTIES

1.40 The Act restricts certain relationships and associationsbetween some project parties. These provisions are necessary to

protect the public interest by keeping critical functions free frompotential conflicting interest situations. This section summarizesthe independence required of project parties under the Act.

Independence of Qualified PersonsAct S9(7)

1.41 A qualified person who is appointed to supervise thecarrying out of any building works, or the geotechnical aspects

of any underground building works, shall not supervise

a)

any works relating to the structural elements of any majorbuilding works; orb) the geotechnical aspects of the underground building

works,

if he, or any nominee of his, is a partner, an officer or anemployee of

i. the developer of those building works;ii. the builder of those building works; oriii. an associate of the developer or builder referred to in

paragraph (i) or (ii).

1.42 Where minor building works are concerned, theCommissioner of Building Control encourages project parties to

adopt a similar arrangement as a means to avoid potentialconflicting interest situations.

Developer/Supervision QP Relationship

1.43 Can a PE supervise the construction of his own house sincehe is also the developer of the project? The construction of any

detached house, semi-detached house, terraced or linked

house not exceeding 3 storeys for residential purposes is notclassified as major building works. For these works, a PE can

therefore act as the Supervision QP for the structural works even ifhe is also the developer.


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Independence of Qualified Site SupervisorsAct S10(4)

1.44 No qualified site supervisor or QSS shall supervise any

structural works of any major building works if he, or any nominee

of his, is a partner, an officer or an employee of

(a) the developer or builder of those building works; or(b) any associate of the developer or builder of those building

works.

General Notes on Independence of QSS1.45 While the QSS has to be appointed by the Supervision QP(Struct), there may be cases where the developer or builder maychoose to help the QP in the procurement of the QSS. This may

be done in the form of a procurement contract between the

developer or builder and the QSS.

1.46 Where such procurement takes place, the contract mustbe clear that the QSS is procured to fulfil his statutory

requirements under the Act and that he works under thedirection and control of the QP. The QSS cannot be made towork for the developer or the builder, otherwise it will be taken

that the QSS is an employee of the developer or builderrespectively.

Independence of Accredited Checkers

Act S18(4)

1.47 An accredited checker shall not issue any certificate forany building works if he has any professional or financial interestin those building works.

1.48 In the case where the accredited checker is acting onbehalf of an accredited checking organisation, he shall not issueany certificate for any building works if any of the directors or

partners of the accredited checking organisation or theorganisation itself has a professional or financial interest in those

building works.

Independence of Specialist Accredited CheckersAct S18(5)

1.49 Similarly, a specialist accredited checker shall not issue anycertificate for any underground building works if he has any


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professional or financial interest in those underground building

works.

Meaning of professional or financial interestAct S18(6)

1.50 The Act explains what is meant by professional or financial

interest. An AC or a specialist AC shall be regarded as having aprofessional or financial interest in any building works if

(a) he is or has been responsible for the design or constructionof the building or any of the building works in any capacityexcept building works relating to the alterations of thebuilding which

i. do not affect any key structural element, orii. affect any structural element but the effects are

localized in nature and do not require anystrengthening of any key structural element;

(b) he or any nominee of his is a member or an officer oremployee of a company or other body which has aprofessional or financial interest in the building works, or

(c) he is a partner or is in the employment of a person who hasa professional or financial interest in the building works.

Act S18(7)

1.51 Similarly, an accredited checking organisation shall beregarded as having a professional or financial interest in any

building works if

(a) any of its directors, partners, members or employees is orhas been responsible for the design or construction of thebuilding or any of the building works in any capacityexcept building works relating to the alterations of thebuilding which

i. do not affect any key structural element, orii. affect any structural element but the effects are

localized in nature and do not require anystrengthening of any key structural element;

(b) any nominee of the organisation is a member or an officeror employee of a company or other body which has a

professional or financial interest in the building works, or


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(c) the organisation or any of its directors or partners is apartner or is in the employment of a person who has aprofessional or financial interest in the building works.

Clarifications on professional and financial interestAct S18(8) S18(9)

1.52 The Act clarifies the meaning of professional and financialinterest further with the following clauses:

(a) A person shall be treated as having a professional orfinancial interest in the building works even if he has thatinterest only as trustee for the benefit of some otherperson.

(b) In the case of married people living together, the interestof one spouse shall, if known to the other, be deemed to

be also an interest of the other.(c) Involvement in the building works as an accredited

checker or a specialist accredited checker andentitlement to any fee paid for his function as an

accredited checker or a specialist accredited checkershall not be regarded as constituting a professional orfinancial interest.

General Notes on Independence of AC1.53 Would an AC or specialist AC be regarded as having aprofessional or financial interest in the building works of a project

if he is from a multi-disciplinary consultant firm which has beenappointed for the architectural or M&E works for the sameproject? Since an AC or specialist AC shall be regarded ashaving a professional or financial interest in any building works ifhe is a member or an officer or employee of a company or otherbody which has a professional or financial interest in the buildingworks in any capacity (except for certain alterations works), itfollows that the answer to the question above is yes.

Independence of Specialist BuildersAct S11(3)

1.54 The Act prescribes independence requirements on onecategory of specialist builders, i.e. the specialist builder

monitoring instruments that measure ground properties andmovements, as follows:


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Any specialist builder who is appointed in respect of any building

works shall not:

(a) carry out any work that monitors instruments measuringpore pressures for saturated and unsaturated levels,ground-water levels, ground movements or building

movements; and(b) measure forces, deformations or displacements in

connection with those building works.

if he, or any nominee of his, is a partner, an officer or anemployee of

i. the developer or builder of those building works; orii. any associate of the developer or builder of those building

works.

AssociateAct S2(4)

1.55 In the Act, the word associate is used in several of theprovisions on independence of project parties. A reference to aperson being an associate of a developer or builder is a

reference to any of the following persons:

a) any partner of the developer or builder.b) any body corporate in which the developer or builder is a

substantial shareholder as defined in section 81 of theCompanies Act (Cap. 50).

c) if the developer or builder is a body corporate i. a person who is a substantial shareholder of that body

corporate as defined in section 81 of the CompaniesAct, or

ii. a director, secretary or similar executive officer of thebody corporate.

d) any body corporate of which the developer or builder is adirector, secretary or similar executive officer.

e) where the developer or builder is a trustee a beneficiaryor an object of the discretionary trust.

f) any employer or employee of the developer or builder.


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1.56 A relevant extract from the Companies Act is reproduced

below for reference:

EXTRACT FROM THE COMPANIES ACT (CAP 50)

Section 81 of the Companies Act (Chapter 50)

81. (1) For the purposes of this Division, a person has a

substantial shareholding in a company if

a) he has an interest or interests in one or morevoting shares in the company; and

b) the total votes attached to that share, or thoseshares, is not less than 5% of the total votesattached to all the voting shares in the

company.

(2) For the purposes of this Division, a person has asubstantial shareholding in a company, being a companythe share capital of which is divided into 2 or more classesof shares, if

(a) he has an interest or interests in one or morevoting shares included in one of those classes;and

(b) the total votes attached to that share, or thoseshares, is not less than 5% of the total votes

attached to all the voting shares included in that

class.(3) For the purposes of this Division, a person who has asubstantial shareholding in a company is a substantialshareholder in that company.

(4) In this section and section 83, voting shares excludetreasury shares.

***


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CHAPTER 2

SUPERVISION OF BUILDINGWORKS

Act S7

2.1 The provisions in the Act stress the importance of buildingworks being carried out under the supervision of appropriatelytrained persons. Generally, it is an offence to carry out anybuilding works unless the works are done under the supervision of

an architect or a professional engineer. For the structuralelements of building works, there are additional requirements forqualified site supervisors (QSS). This chapter summarizes the

various requirements for supervision of building works.

Architectural WorksAct S7(1)(a)

2.2 All architectural works must be carried out under the

supervision of the qualified person appointed to supervise thearchitectural works. He has to sign all the required certificatesand will be responsible for ensuring that all the works under his

charge are done in accordance with the requirements of theAct and the Regulations.

2.3 Please note that there is no mandatory requirement for the

Supervision QP(Arch) to employ supervisors to help him in hissupervision duties. Supervisors employed to help the Supervision

QP(Arch) are not the same as the qualified site supervisors or QSSrequired to be appointed mandatorily by the SupervisionQP(Struct) or the Supervision QP(Geo). The QSS is required to

carry out his duties in supervision of structural works orgeotechnical aspects of underground building works under thedirection and control of the Supervision QP(Struct) or Supervision

QP(Geo) respectively.


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Structural WorksAct S7(1)(a) S7(2)(a)

2.4 All structural works must be carried out under the

supervision of the qualified person appointed to supervise the

structural works, i.e. the Supervision QP(Struct). Where there areunderground building works, the geotechnical aspects must be

carried out under the supervision of the qualified personappointed to supervise the geotechnical aspects of those

underground building works, i.e. the Supervision QP(Geo).

2.5 In each case, the Supervision QP has to sign all therequired certificates and will be responsible for ensuring that allthe works under his charge are done in accordance with therequirements of the Act and the Regulations. The Supervision QP

is required to put in place a system that ensures compliance with

the requirements.

Qualified Site Supervisors for Structural WorksAct S7(1)(b) S7(2)(b)

2.6 Other than the qualified person, the Act also requiresstructural works and their geotechnical aspects to be carried outunder the supervision of a qualified site supervisor (QSS). There

are two classes of qualified site supervisors, namely:

a) Resident Engineer (RE)b) Resident Technical Officer (RTO)

Resident EngineerBCR Reg24(4)

2.7 A Supervision QP can appoint a person as an RE for the

purposes of section 10 (1) or (2) of the Act if that person meetsany one of the following requirements

a) is a professional engineer in the civil or structuralengineering discipline registered under the Professional

Engineers Act (Cap. 253);b) possesses a university degree or any other professional

qualification recognised by the Professional EngineersBoard for registration as a professional engineer under theProfessional Engineers Act in the civil or structuralengineering discipline;

c) possesses a postgraduate masters degree or doctoral


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degree in Civil Engineering or Structural Engineering from

any university recognised by the Professional EngineersBoard for registration as a professional engineer under the

Professional Engineers Act;d) is a Chartered Engineer registered by the Engineering

Council United Kingdom in the Civil Engineering or

Structural Engineering discipline;e) possesses a university degree in Civil Engineering or

Structural Engineering from any university that is specifiedby the Commissioner of Building Control in the list that is

i. obtainable from his office at the Building andConstruction Authority, 5 Maxwell Road, #02-00 TowerBlock MND Complex, Singapore 069110; and

ii. available in the Internet website of the Building andConstruction Authority at http://www.bca.gov.sg,

and has at least one year of relevant postgraduatepractical experience in design or construction of structuralworks as may be acceptable to the Commissioner ofBuilding Control; or

f) possesses such other qualification and period of practicalexperience as the Commissioner of Building Control maydetermine, being a qualification and practicalexperience that is substantially equivalent to any

qualification and practical experience referred to in sub-

paragraphs (a) to (e).

Resident Technical OfficerBCR Reg24(4)

2.8 The RTO is previously called the clerk-of-works. ASupervision QP can appoint a person as an RTO for the purposesof section 10(1) or (2) of the Act if that person meets any one of

the following requirements

a) possesses a degree from any local university or a diplomafrom any local polytechnic in Civil Engineering or StructuralEngineering;

b) possesses a diploma in any construction-related field fromany local polytechnic and has at least one year of suchrelevant practical experience in full-time supervision of

structural works in construction sites in Singapore as maybe acceptable to the Commissioner of Building Control;


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c) possesses a diploma or higher certificate from any foreignpolytechnic in Civil Engineering or Structural Engineeringand has at least one year of such relevant practical

experience in full-time supervision of structural works inconstruction sites as may be acceptable to theCommissioner of Building Control;

d) possesses a diploma in any construction-related field fromany foreign polytechnic and has at least 4 years of such

relevant practical experience in full-time supervision ofstructural works in construction sites in Singapore as maybe acceptable to the Commissioner of Building Control;

e) possesses a degree from any foreign university in CivilEngineering or Structural Engineering and has at least oneyear of such relevant practical experience in full-time

supervision of structural works in construction sites as maybe acceptable to the Commissioner of Building Control;

f) possesses a degree related to Civil Engineering orStructural Engineering from any foreign university and hasat least one year of such relevant practical experience infull-time supervision of structural works in construction sitesin Singapore as may be acceptable to the Commissionerof Building Control; or

g) possesses such other qualification and period ofpostgraduate practical experience in full-time supervisionof structural works in construction sites as the Commissionerof Building Control may determine, being a qualification

and practical experience that is substantially equivalent to

any qualification and practical experience referred to insub-paragraphs (a) to (f).

Accreditation of Qualified Site SupervisorsBCR R24(3)

2.9 All QSS are required to be accredited by the JointAccreditation Committee of the Institution of Engineers

Singapore (IES) and the Association of Consulting EngineersSingapore (ACES) from 15 February 2009 onwards.

Requirements for Appointment of Qualified Site Supervisors

2.10 The Supervision QP(Struct) who is supervising the carryingout of the structural works or the Supervision QP(Geo) who issupervising the carrying out of geotechnical aspects ofunderground building works has to appoint one or more QSS to


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help him in the task. The requirements of such appointment

depend on the scale of the building works.

2.11 Under the Act, building works are classified as either small-scale building works or large building works. The requirements ofsupervision of the structural elements for these two classes of

works are as follows:

Small-Scale Building WorksAct S7(1)(c)

2.12 Critical structural works like concreting, piling, pre-stressing,tightening of high-friction grip bolts or other critical structuralworks of small-scale building works shall be carried out under theimmediate supervision of

a) an appropriate qualified person; orb) a QSS working under the Supervision QPs control and

direction.

Act S2(1)2.13 The term "immediate supervision", in relation to anybuilding works or part thereof, means personally and directlyexercising oversight, control and inspection of the carrying out of

the building works or part thereof. Where immediate supervisionis required, the Supervision QP or the appointed QSS has to be

present at the site to supervise the carrying out of critical

structural works.

Act S10(2)2.14 The Act requires the Supervision QP(Struct) appointed to

supervise the carrying out of any small-scale building works toappoint at least one QSS to supervise the critical structural

elements of the small-scale building works. Where appropriate,the Supervision QP(Struct) may personally carry out suchsupervision in the absence of a QSS. The details of this

requirement are summarized as follows (next page):


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TABLE 2.1

SITE SUPERVISORS REQUIRED FOR IMMEDIATE SUPERVISION OFSTRUCTURAL WORKS IN SMALL-SCALE BUILDING WORKSAct S7(1)(c)

Value of building works Site supervisor

Up to $7.5 million Appropriate qualified person or

resident engineer or resident

technical officer

Large Building WorksAct S7(1)(b)

2.15 The structural elements or geotechnical aspects of all large

building works shall be carried out under the full-time supervisionof a QSS, or a team of QSS, working under the appropriateSupervision QPs control and direction.

BCR R24(1)2.16 The number of QSS required for each project depends onthe value of the building works. More resources in terms ofqualified site supervisors are required as the value of the building

works increases. This is based on the rationale that the valuewould in most cases be a good and simple indicator of the

scope or complexity of works. More resources for supervision

would be required as scope or complexity increases. The detailsare provided in the Building Control Regulations, and aresummarized as follows (next page):


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TABLE 2.2

QUALIFIED SITE SUPERVISORS REQUIRED FOR FULL-TIMESUPERVISION OF STRUCTURAL WORKS OR GEOTECHNICAL

ASPECTS IN LARGE BUILDING WORKS

Value of building works Minimum number of QSS for full-

time supervision of structural

works or geotechnical aspects

More than $7.5 million butnot exceeding $15 million

One (1) RTO

More than $15 million but notexceeding $30 million

One (1) RE


One (1) RE and one (1) RTO


One (1) RE and two (2) RTO

More than $150 million Two (2) RE and three (3) RTO

Full-time supervision

2.17 The term full-time supervision, in relation to any buildingworks, means that the QSS has to be stationed at the site

throughout the duration of the project when structural or

geotechnical works are in progress and cannot act as the QSSfor any other project. The QSS has to personally and directly

exercise oversight, control and inspection of the carrying out ofcritical structural works like concreting, piling, pre-stressing,tightening of high-friction grip bolts and other critical structural

works, and carry out any other supervision duties as directed bythe Supervision QP who appointed him. Where there is more than

one QSS in a project, the Supervision QP has to direct how andby who each supervision duty is to be carried out.

Site RecordsBCR R22

2.18 All Supervision QPs appointed to supervise any building

works are required to keep and maintain at the premises onwhich the building works are carried out the following books and

records:


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a) for major building works, a schedule of the structural worksto be carried out every 3 months, specifying, in particular,the excavation, installation, testing, removal, construction

or fabrication of the key structural elements;b) a record of attendance of the Supervision QP and QSS;c) a site record book;d) a copy of the approved structural plans including all

amendments;

e) a record of all the departures or deviations relating to thestructural elements of the building works as provided bythe Design QP(Struct);

f) a record of inspection and approval for concreting;g) a record of repairs to defective structural works;h) a site investigation report;i) a record of piles installed;j) a record of pile load tests;k) a record of tests on cement, sand and aggregates;l) a record of concrete cube tests;m)a record of tests on steel reinforcements;n) a record of tests on pre-stressing steel;o) a record of pre-stressing works;p) a record of tests on welding works and all welders

certificates;

q) a record of ground anchor, soil nails or rock bolt tests and,where applicable, stressing loads;

r) a record of inspection and approval at each of thefollowing stages of the building works: excavation,

installation, construction and removal stage of the buildingworks;

s) a record of inspection and approval for strut, soil nails, rockbolts, or anchor during installation and removal;

t) a record of instrumentation and monitoring reports;u) a record of actions taken where monitoring results of

earth-retaining wall deflection or adjacent ground

settlements exceed the allowable limits or where damagesoccur in the neighbouring properties;

v) a record and test results of earth or ground improvementor strengthening works;

w)a record of tests on fixings of external claddings and safetybarriers against falling from a height;

x) the mill certificates and test results for structural steelsections, and

y) a record of all other tests of or in connection with thebuilding works.


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Submission of Progress Reports and CertificatesBCR R23

2.19 The Act also requires all Supervision QPs appointed to

supervise any building works to prepare and submit the following

reports and certificates relating to the building works at thecorresponding times or intervals, where applicable:

a) a notice of completion of all piling works carried out, arecord plan showing full details of the piling works and a

certificate of supervision of those piling works within 28days of completion of those piling works;

b) on completion of all building works, his certificate statingthat the building works have been carried out under hissupervision, and

c) within 14 days of his ceasing to carry out his duties underthe Act, a summary report of all those building works whichhave been carried out under his supervision and acertificate of such supervision.

Quarterly Structural Reports2.20 With effect from 1 Feb 2008, there is no need for submissionof three-monthly (quarterly) structural reports detailing theschedule and progress of structural works at the site. Thisrequirement has been removed.

Tests of and in Connection with Building Works

Act S7A

2.21 It is important to ensure that materials used for the buildingworks comply with requirements. The Act therefore requires theSupervision QP to carry out or cause to be carried out all

necessary and appropriate tests in connection with the buildingworks as prescribed in any of the building regulations or requiredby the CBC. The tests have to be carried out in such manner andat such places and times as prescribed in the respective building

regulations.

2.22 If a Supervision QP fails to comply with the aboverequirements, the CBC may serve an order in writing to any ofthe project parties to cease the building works until the order is

withdrawn. For special cases, however, the CBC may, onapplication, waive a requirement to carry out a prescribed test ifhe is satisfied that carrying out the particular test would be

unreasonable.


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Builders Supervision DutyAct S11(1)(e)

2.23 The Act requires the builder to have an adequate number

of construction supervisors working under his direction to help him

ensure that the building works are carried out in compliance withall the requirements.

***


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CHAPTER 3

DUTIES OF PROJECT PARTIES

3.1 The Act and building regulations prescribes specific dutieson the various parties who are involved in the building works. Thischapter lists and explains these duties.

DEVELOPER

Act S8(1)

3.2 The developer has a set of duties under the Act. Theseduties are summarized as follows:

(A) Appointments

3.3 For all building works, every developer shall appoint the

following (no other person may make these appointments)

a) a builder to carry out those building works;b) for major building works,

i. an AC who is either a director, partner, member or anemployee of an accredited checking organisation, ifthe value of the building works exceeds $15 million; or

ii. an AC (whether or not a director, partner, member oran employee of an accredited checking

organisation), if the value of the building works is $15million or less

c) where the building works comprise wholly or partly of anyunderground building works, an AC(Geo) for thegeotechnical aspects of those building works; and

d) where appropriate, a specialist builder to monitorinstruments measuring pore pressures for saturated andunsaturated levels, ground-water levels, ground


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movements or building movements and to measure forces,

deformations or displacements.

3.4 Every developer shall also appoint the following (if no suchperson has been appointed by the builder)

a) the appropriate Design QPs to prepare the plans of thebuilding works (i.e. architectural plans and structural plans);

b) the appropriate Supervision QPs to supervise the carryingout of those building works

c) where the building works comprise wholly or partly of anyunderground building works,

i. a QP(Geo) to prepare the plans relating to thegeotechnical aspects of the building works, who mayor may not be the same QP for structural worksreferred to in paragraph (a) above; and

ii. a QP(Geo) to supervise the geotechnical aspects ofthose building works, who may or may not be thesame qualified person referred to in paragraph (i)above.

Act S8(2)3.5 If any QP, builder, specialist builder, AC or AC(Geo)appointed by the developer becomes unwilling to act or unable,whether by reason of the termination of his appointment or forany other reason, to carry out his respective duties under this Act,

then the developer shall

a) without delay appoint another QP, builder, specialistbuilder, AC or AC(Geo), as the case may be, in his place,and

b) within 7 days thereafter, notify the CBC of that substituteappointment.

(B) NotificationAct S8(3)

3.6 The developer of any building works shall notify the CBC ofany contravention of this Act or the building regulations relatingto those building works of which the developer knows or ought

reasonably to know.


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Act S8(6)3.7 The Act prescribes that it shall be a defence in anyprosecution for a contravention of paragraph 3.6 above for theperson charged to prove to the satisfaction of the court that he

did not know and could not reasonably have discovered the

contravention referred to in the charge.

General Notes on Implementation Practices on Notification3.8 Several parties (namely, the developer, QP, builder and

specialist builder) have the similar duty of notifying the CBC

when they are aware of any contravention under the BuildingControl Act. The CBC has received some feedback that hadexpressed concern on failing to comply with this requirement ofnotification under circumstances that may be beyond thecontrol of the relevant party. While the CBC will consider all

circumstances in each case, these general notes on

implementation practices are included to address suchconcerns:

a) Some contraventions may involve matters which are of avery technical nature, where specific knowledge inarchitecture or engineering is necessary to know that acontravention has occurred. For such cases, the CBC will

not expect that a person who does not possess suchknowledge could reasonably have discovered thecontravention, provided that the person was not involvedin any way in directing or instructing another party, who

has such knowledge, not to notify the CBC. On this matter,there are already specific sections under the Act whichallow it to be a defence for any person charged to proveto the satisfaction of the court that he did not know andcould not reasonably have discovered the contraventionreferred to in the charge.

b) Some contraventions may be easily and quickly rectified.Where a contravention has been rectified, the CBC maytake that into consideration in deciding any enforcement

action for that contravention. However, should the CBC

discovers a contravention before notification by any party,subsequent rectification of the contravention cannot be

used as an excuse to absolve any party of the failure tonotify the CBC of the contravention.

c) Several parties (namely, the developer, QP, builder andspecialist builder) have the similar duty of notifying the


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CBC when they are aware of any contravention. If one of

these parties has notified the CBC of the contraventionimmediately or within a reasonable time of the occurrence

of the contravention, and has also informed the otherparties of the notification, it may not be necessary for theother parties to notify the CBC of the same contravention.

QUALIFIED PERSON

Act S9(1)3.9 Each of the various QPs has similar duties under the Act,albeit in respect of their respective roles in the building works (i.e.

architectural, structural or geotechnical aspects). The specificduties under the Act are as follows:

Qualified Person to Prepare Plans

3.10 Every QP who is appointed to prepare the plans of any

building works shall

a) take all reasonable steps and exercise due diligence toensure that the building works are designed inaccordance with the provisions of the Act and thebuilding regulations;

b) notify the CBC of any contravention of this Act or thebuilding regulations in relation to those building works of

which he knows or ought reasonably to know (see theGeneral Notes on Implementation Practices onNotification under the section on the developer in thischapter);

c) supply a copy of every plan of the building worksapproved by the CBC to

i. the QSS or the team of QSS that he has appointed;ii. the builder of those building works; andiii. the Supervision QP appointed to supervise those

building works (if he is not that person).

Act S9(5)

3.11 Where the QP becomes unwilling or unable, whether byreason of the termination of his appointment or for any otherreason, to carry out his duties under the Act, he shall, within 14days of his ceasing to carry out his duties, notify the CBC and thebuilder of those building works of that fact.


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Act S9(12)3.12 For a contravention of sub-paragraph 3.10(b) above, theAct prescribes that it shall be a defence in any prosecution forthe person charged to prove to the satisfaction of the court that

he did not know and could not reasonably have discovered the

contravention referred to in the charge.

Qualified Person to Supervise Building WorksAct S9(4)

3.13 Every Supervision QP who is appointed to supervise thecarrying out of any building works, or the geotechnical aspectsof any underground building works, shall

a) take all reasonable steps and exercise due diligence insupervising and inspecting the building works or

underground building works, as the case may be, toensure that those building works are being carried out in

accordance with

i. the provisions of the Act and the building regulations;ii. the relevant plans approved by the CBC; andiii. any terms and conditions imposed by the CBC;

b) in the absence of a QSS, take all reasonable steps andexercise due diligence in giving immediate supervision to

the carrying out of concreting, piling, pre-stressing,

tightening of high-friction grip bolts or other criticalstructural works of the building works to ensure that such

critical structural works of the building works are beingcarried out in accordance with

i. the provisions of this Act and the building regulations;ii. the relevant plans approved by the CBC; andiii. any terms and conditions imposed by the CBC;

c) notify the CBC of any contravention of this Act or thebuilding regulations in relation to those building works of

which he knows or ought reasonably to know (see theGeneral Notes on Implementation Practices onNotification under the section on the developer in this

chapter);d) keep and maintain at the premises on which building

works are carried out such documents, books and records

as may be prescribed in the building regulations;


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e) submit to the CBC at the prescribed times such reports andcertificates as may be prescribed in the buildingregulations;

f) notify the CBC if the building works have been suspendedfor a period of more than 3 months;

Act S10(1)g) for any large building works, appoint the following QSS in

respect of the structural elements of the large building

works:

i. a team of QSS comprising not less than such numberof persons as prescribed in relation to the value ofthose large building works (see Chapter 2); or

ii. at least one QSS, in any other case;Act S10(2)

h) for any small-scale building works, appoint at least oneQSS, in respect of the critical structural elements of the

small-scale building works

Act S9(6)i) if any QSS he appointed under paragraph (g) or (h) above

becomes unwilling or unable, whether by reason of thetermination of his appointment or for any other reason, to

carry out his (the qualified site supervisors) duties, appointanother QSS in his place and within 7 days thereafter,

notify the CBC of that substitute appointment

Act S9(5)j) where the QP becomes unwilling or unable, whether by

reason of the termination of his appointment or for anyother reason, to carry out his duties under the Act, the QPshall, within 14 days of his ceasing to carry out his duties,

notify the CBC and the builder of those building works ofthat fact.

Act S9(12)3.14 For a contravention of sub-paragraph 3.13(c) above, theAct prescribes that it shall be a defence in any prosecution forthe person charged to prove to the satisfaction of the court thathe did not know and could not reasonably have discovered thecontravention referred to in the charge.


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QUALIFIED SITE SUPERVISOR

Act S10(5)3.15 Every QSS works under the control and direction of the

Supervision QP who appointed him. The Act prescribes thefollowing duties on the QSS:

3.16 Every QSS shall take all reasonable steps and exercise duediligence in giving

a) in the case of large building works full-time supervision tothe carrying out of the structural elements of the buildingworks; and

b) in the case of small-scale building works immediatesupervision to the carrying out of the critical structural

elements of the building works,

to ensure that the structural elements or critical structural

elements, as the case may be, of the building works in questionare carried out in accordance with the plans of the buildingworks supplied to him by the qualified person, and with any termsand conditions imposed by the CBC.

Act S10(6)3.17 If a QSS appointed in respect of any building works

becomes unwilling or unable, whether by reason of thetermination of his appointment or for any other reason, to carry

out his duties, the qualified site supervisor shall, within 7 days of hisceasing to carry out such duties, notify the CBC of that fact.

BUILDER

Act S2(1)Meaning of Builder

3.18 Under the Act, a "builder" means any person whoundertakes, whether exclusively or in conjunction with any other

business, to carry out any building works for his own account orfor or on behalf of another person (referred to in this definition as

Party A), but does not include any person who contracts with a

builder for the execution by that person of the whole or any part

of any building works undertaken by the builder for or on behalf

of Party A under a contract entered into by the builder with Party

A.


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3.19 Essentially, a builder is anyone who undertakes to carry out

building works, either for his own purpose or for Party A (forexample. the developer) by way of a contract.

3.20 The Act specifically states that another person whocontracts directly with the builder to execute part or all of the

building works (i.e. a sub-contractor) is not the builder. In somecases, the sub-contractor would be a specialist builder who

executes specialist building works within the building project.

3.21 Some building works may comprise wholly of one type ofspecialist building works and the developer enters into acontract directly with a specialist builder to undertake thecarrying out of those works. In this case, the specialist builder is

the one who enters into a contract with Party A (the developer)and for this project, that specialist builder is the builder of thebuilding works.

Duties of BuilderAct S11(1)

3.22 The Act prescribes the following specific duties on thebuilder. A builder undertaking any building works shall

a) ensure that the building works are carried out inaccordance with

i. the provisions of the Act and the building regulations;ii. the relevant plans approved by the CBC and supplied

to him by a QP; andiii. any terms and conditions imposed by the CBC;

b) notify the CBC of any contravention of this Act or thebuilding regulations relating to those building works ofwhich the builder knows or ought reasonably to know (see

the General Notes on Implementation Practices onNotification under the section on the developer in this

chapter);

c) keep at the premises on which the building works arecarried out, and make available on request (at a

reasonable time) by any specialist builder appointed inrespect of specialist building works comprised in thosesame building works, all plans of those building works

approved by the CBC and supplied to him by a QP;d) have an adequate number of construction supervisors


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working under his direction to assist him (the builder) to

ensure that paragraph (a) above is complied with;e) within 7 days of the completion of the building works,

certify that the building works have been carried out inaccordance with the provisions of this Act and the buildingregulations and deliver that certificate to the CBC;

f) notify the CBC of the appointment and termination ofappointment of any specialist builder appointed by him

(the builder) in respect of any specialist building workscomprised in those same building works;

g) comply with such other duties as may be prescribed in thebuilding regulations; and

Act S11(4) BCR R25h) where he becomes unwilling to act or unable, whether by

reason of the termination of his appointment or for any

other reason, to carry out his duties, within 14 days of hisceasing to carry out his duties, notify the CBC of that factand his notification shall be accompanied by a summaryreport describing the building works completed by him

and his certificate of completion in such form as the CBCmay require.

Act S11(8)3.23 For a contravention of sub-paragraph 3.22(b) above, theAct prescribes that it shall be a defence in any prosecution for

the builder charged to prove to the satisfaction of the court that

he did not know nor could reasonably have discovered thecontravention or non-compliance referred to in the charge.

Duties of Builder to Appoint QPAct S11(1)

3.24 In some building works where the developer does notmake the appointment of one or more of the QPs (for example inDesign-and-Build projects), the builder has the duty to appoint

a) the appropriate Design QP to prepare the plans of thebuilding works (i.e. architectural and structural, whereapplicable);

b) the appropriate Supervision QP person to supervise thecarrying out of those building works; and

c) where the building works comprise wholly or partly of anyunderground building works i. a Design QP(Geo) who may or may not be the same


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person referred to in (a) above, to prepare the plans

relating to the geotechnical aspects of theunderground building works and

ii. a Supervision QP(Geo) who may or may not be thesame person referred to in (b) above, to supervise thegeotechnical aspects of the underground building

works.

Duty to Cease WorksAct S11(5)

3.25 If any QP becomes unwilling or unable, whether by reasonof the termination of his appointment or for any other reason, tocarry out the QPs duties under the Act, the builder shall cease orshall not commence carrying out the building works until another

appropriate QP in respect of those building works is appointed.

SPECIALIST BUILDERSAct S11(2)

3.26 The Act also prescribes duties for specialist builders acting

in the role of a sub-contractor for specialist building works. Aspecialist builder undertaking any specialist building works shall

a) ensure that the specialist building works are carried out inaccordance with

i. the provisions of this Act and the building regulations;ii. the relevant plans approved by the CBC; andiii. any terms and conditions imposed by the CBC;

b) notify the CBC of any contravention of this Act or thebuilding regulations relating to those specialist buildingworks, being a contravention which the specialist builderknows or ought reasonably to know (see the GeneralNotes on Implementation Practices on Notification under

the section on the developer in this chapter);c) comply with such other duties as may be prescribed in the

building regulations; and

Act S11(4)d) where he becomes unwilling to act or unable, whether by

reason of the termination of his appointment or for anyother reason, to carry out his duties, within 14 days of hisceasing to carry out his duties, notify the CBC of that fact.


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Act S11(8)3.27 For a contravention of paragraph (b) above, the Actprescribes that it shall be a defence in any prosecution for the

specialist builder charged to prove to the satisfaction of the

court that he did not know nor could reasonably havediscovered the contravention or non-compliance referred to in

the charge.

Duty to Cease WorksAct S11(5)

3.28 If any QP becomes unwilling or unable, whether by reasonof the termination of his appointment or for any other reason, tocarry out the QPs duties under the Act, the specialist buildershall cease or shall not commence carrying out the building

works until another appropriate QP in respect of those buildingworks is appointed.

ACCREDITED CHECKER

Act S18(1)3.29 The duties of the AC are given in detail in the BuildingControl (Accredited Checkers and Accredited CheckingOrganisations) Regulations (see Chapter 4). Under the Act, the

specific duties for an AC and AC(Geo) are as follows:

Main Duty of Accredited Checker

3.30 Any AC who is appointed in respect of any major buildingworks or who is acting on behalf of an accredited checkingorganisation shall check the detailed structural plans and designcalculations of the building works in accordance with thebuilding regulations and shall carry out such other duties as may

be prescribed by those regulations.

Main Duty of Specialist Accredited Checker

3.31 Any AC(Geo) appointed in respect of any underground

building works shall check the geotechnical aspects of thosebuilding works in accordance with the building regulations andshall carry out such other duties as may be prescribed by thoseregulations.

***


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CHAPTER 4

ON ACCREDITED CHECKERS

4.1 ACs and AC(Geo)s are like privatized regulators under thebuilding control system. They are registered under the BuildingControl Act and they have a duty to check respectively the

structural and geotechnical design prepared by QPs. Thischapter summarizes the provisions on ACs and AC(Geo)s under

the Act and building regulations.

ACCREDITED CHECKERS AND

SPECIALIST ACCREDITED CHECKERS

4.2 An AC has duties to check the structural elements of

building works whereas an AC(Geo) has similar duties to check

the geotechnical aspects of underground building works.

4.3 The registrations of the ACs and AC(Geo)s are separateand not connected. An AC cannot perform the duties of an

AC(Geo) and vice versa, unless he is registered as both an ACand an AC(Geo). Registration is on an annual basis and has tobe renewed.

Who may register?Act S15(1)

4.4 A person who applies to be registered, or to renew hisregistration, as an AC or AC(Geo), as the case may be, shall beeligible to be so registered or have his registration so renewed if,and only if

a) he has paid the prescribed fee for such registration orrenewal;

b) he satisfies the CBC that he has the qualifications and the


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practical experience (whether in Singapore or elsewhere)

prescribed for an AC, or the specialist qualifications andthe specialist practical experience (whether in Singapore

or elsewhere) prescribed for an AC(Geo), as the case maybe; and

c) he satisfies such other re

Documents

Guide to BldgControl Changes 07 08v2