Section 20 — Building offences

(1)Any person who commences or carries out, or permits or authorises the commencement or carrying out of —

(a)any building works (including geotechnical building works) the plans of which have not been approved or deemed approved by the Commissioner of Building Control under section 5, 5A or 5AA; or[Act 23 of 2023 wef 18/12/2023]

(b)any building works (including geotechnical building works) for which there is no permit under section 6 in force, shall be guilty of an offence and shall be liable on conviction —

(c)to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and

(d)in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day the contravention continues, and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. [47/2007; 22/2012]

(1A)In proceedings for an offence under subsection (1) in relation to any lodgment works the plans of which —

(a)have been lodged with the Commissioner of Building Control for the purpose of section 5AA; but

(b)were not deemed approved because section 5AA(2)(b) was not complied with, it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused reasonably believed that section 5AA(2)(b) had been complied with. [Act 23 of 2023 wef 18/12/2023]

(2)Any person who contravenes any term or condition of —

(a)an approval of plans of any building works under section 5 or 5A; or

(b)a permit to carry out any building works under section 6, shall be guilty of an offence and shall be liable on conviction —

(c)to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and

(d)in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day the contravention continues, and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. [47/2007]

(3)Any person directly concerned with the building works who, in carrying out the building works deviates, or permits or authorises the building works to deviate, in any material way from any plans of the building works approved or deemed approved by the Commissioner of Building Control under section 5, 5A or 5AA shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.[47/2007] [Act 12 of 2020 wef 01/01/2022] [Act 23 of 2023 wef 18/12/2023]

(4)In proceedings for an offence under subsection (3) —

(a)it is not necessary for the prosecution to prove that an accused knew that the building works concerned deviate in any material way from any plans of the building works approved or deemed approved by the Commissioner of Building Control under section 5, 5A or 5AA; but[Act 23 of 2023 wef 18/12/2023]

(b)it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused did not know and could not reasonably have known the plans of those building works approved or deemed approved by the Commissioner of Building Control under section 5, 5A or 5AA.[Act 12 of 2020 wef 01/01/2022] [Act 23 of 2023 wef 18/12/2023]