Section 8 — Duties of developers

(1)Subject to the provisions of this Act, every developer of building works must appoint —

(a)an appropriate qualified person to prepare the plans of the building works in accordance with this Act if no such person is appointed by the builder in paragraph (c);

(b)an appropriate qualified person to supervise the carrying out of those building works if no such person is appointed by the builder in paragraph (c);

(c)a builder who is licensed under Part 5A to carry out those building works;[Act 12 of 2020 wef 15/06/2024] [Act 15 of 2026 wef 01/07/2026]

(d)where the building works comprise wholly or partly of any geotechnical building works and if the builder in paragraph (c) does not appoint any of the following:

(i)a qualified person who is a geotechnical engineer to prepare the plans relating to the geotechnical aspects of the building works, who may or may not be the same qualified person mentioned in paragraph (a); and

(ii)a qualified person who is a geotechnical engineer to supervise the geotechnical aspects of those building works, who may or may not be the same qualified person mentioned in paragraph (b);

(e)in respect of the detailed structural plans and design calculations of major building works —

(i)an accredited checker who is either a director, partner, member or an employee of an accredited checking organisation, if the value of the building works exceeds the prescribed limit in the building regulations; or

(ii)an accredited checker (whether or not a director, partner, member or an employee of an accredited checking organisation), if the value of the building works does not exceed the prescribed limit mentioned in sub‑paragraph (i); and

(f)where the building works comprise wholly or partly of any geotechnical building works —

(i)a specialist accredited checker in respect of the geotechnical aspects of those building works; and

(ii)in addition to appointing a builder under paragraph (c), a licensed specialist builder to monitor instruments measuring pore pressures for saturated and unsaturated levels, ground water levels, ground movements or building movements and to measure forces, deformations or displacements.[47/2007; 22/2012] [Act 12 of 2020 wef 15/06/2024]

(1A)The developer of any building works must notify the Commissioner of Building Control of every appointment it makes under subsection (1)(c) and (f)(ii) (if any) within 14 days after making that appointment.[Act 12 of 2020 wef 15/06/2024]

(2)If any qualified person, builder, licensed specialist builder, accredited checker or specialist accredited checker appointed under subsection (1) in respect of building works becomes unwilling to act or unable, whether by reason of the termination of his, her or its appointment or for any other reason, to carry out his, her or its respective duties under this Act, the developer must —

(a)without delay appoint under subsection (1) another qualified person, builder, licensed specialist builder, accredited checker or specialist accredited checker (as the case may be) in his, her or its place; and[Act 12 of 2020 wef 15/06/2024]

(b)within 7 days thereafter, notify the Commissioner of Building Control of that substitute appointment.[47/2007] [Act 12 of 2020 wef 15/06/2024]

(3)The developer of any building works must notify the Commissioner of Building Control of any contravention of this Act or the building regulations relating to those building works of which the developer knows or ought reasonably to know.[47/2007]

(4)Any developer of building works who, without reasonable excuse, fails to comply with subsection (1A) or (2)(b) shall be guilty of an offence.[47/2007] [Act 12 of 2020 wef 15/06/2024]

(5)Any developer who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.[47/2007]

(6)It is a defence in any prosecution for a contravention of subsection (3) for the person charged to prove to the satisfaction of the court that the person did not know and could not reasonably have discovered the contravention mentioned in the charge.[47/2007]