Section 29 — Independence of structural engineers and competent persons

(1)A structural engineer must not be appointed by the Commissioner of Building Control or owner of a building for the purpose of carrying out a structural inspection if the structural engineer has any professional or financial interest in the building.[Act 12 of 2020 wef 01/01/2022]

(1A)A competent person must not be appointed by an owner of a building the façade of which is required to be inspected, for the purpose of carrying out a façade inspection if the competent person has any professional or financial interest in the building or its façade.[Act 12 of 2020 wef 01/01/2022]

(2)A structural engineer or competent person is to be regarded as having a professional or financial interest in any building if —

(a)he or she is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which —

(i)do not affect any key structural element; or

(ii)affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;

(b)he or she or any nominee of his or hers is a member, officer or employee of a company or other body which has a professional or financial interest in the building or any part thereof;

(c)he or she is a partner or is in the employment of a person who has a professional or financial interest in the building or any part thereof; or

(d)he or she holds any interest in the building or any part thereof.[Act 12 of 2020 wef 01/01/2022]

(2A)A competent person has a professional or financial interest in the façade of a building if the competent person is or has been responsible for the design or construction of the façade of the building.[Act 12 of 2020 wef 01/01/2022]

(3)For the purposes of this section —

(a)a person is to be treated as having a professional or financial interest in the building even if he or she has that interest only as trustee for the benefit of some other person; and

(b)in the case of married people living together, the interest of one spouse is, if known to the other, deemed to be also an interest of the other.

(4)For the purposes of this section —

(a)involvement in any structural inspection or façade inspection; and[Act 12 of 2020 wef 01/01/2022]

(b)entitlement to any fee paid for carrying out any structural inspection or façade inspection, is not to be regarded as constituting a professional or financial interest. [Act 12 of 2020 wef 01/01/2022]

(5)The Minister may, by notification in the Gazette, exempt from subsection (1) any building owned by any public authority constituted by any public Act.[22/2012] [Act 12 of 2020 wef 01/01/2022]