Interpretation of this Part
29A.—(1) In this Part, unless the context otherwise requires —[Deleted by Act 12 of 2020 wef 15/06/2024]
“building works” does not include —(a)
any building works in respect of or for the occupation of a temporary building;
(b)
any insignificant building works;
(c)
any fixed installation works; or
(d)
any building works that are in respect of a building which is exempted under section 30 from this Part;[Act 12 of 2020 wef 15/06/2024]
[Deleted by Act 12 of 2020 wef 15/06/2024]
“corporation” excludes a limited liability partnership;
“licensee” means a licensed general builder or a licensed specialist builder;[Act 12 of 2020 wef 15/06/2024]
“minor specialist building works” means any of the following specialist building works:(a)
any specialist building works associated with minor building works;
(b)
any structural steelwork which comprises fabrication or erection work for structures with a cantilever length of not more than 6 metres, a clear span of not more than 15 metres and a plan area not exceeding 150 square metres;
(c)
any pre-cast concrete work comprising casting of pre-cast reinforced concrete slabs or planks on site;
(d)
any other specialist building works declared by the Minister by notification in the Gazette to be minor specialist building works;[Act 12 of 2020 wef 15/06/2024]
“partnership” includes a limited liability partnership;
“prescribed” means prescribed in the regulations made under section 29L.[47/2007; 30/2008]
(2) For the purposes of this Part —(a)
a person carries on the business of a general builder if the person carries out or undertakes to carry out (whether exclusively or in conjunction with any other business) general building works for or on behalf of another person for a fixed sum, percentage, or valuable consideration, or reward other than wages;[Act 12 of 2020 wef 15/06/2024]
(b)
a person carries on the business of a specialist builder if the person carries out or undertakes to carry out (whether exclusively or in conjunction with any other business) any specialist building works for or on behalf of another person for a fixed sum, percentage, or valuable consideration, or reward other than wages;
(c)
a person carries out general building works or specialist building works whether that person carries it out personally, or directly or indirectly causes it to be carried out; and
(d)
a person is deemed to carry on the business of a general builder or specialist builder if the person carries out general building works or specialist building works (as the case may be) on or in respect of a building for himself, herself or itself.[47/2007; 22/2012]
(2A) However, for the purposes of this Part a person (A) is not regarded —(a)
as carrying on the business of a general builder if A is always doing so as a sub-contractor of another person with respect to all or any part of the general building works that is to be carried out by the other person under another contract; and
(b)
as carrying on the business of a specialist builder if A is always doing so as a sub-contractor of another person who carries on the business of a specialist builder, by entering into a contract with respect to all or part of the same type of specialist building works that is to be carried out by the other person under another contract.[Act 12 of 2020 wef 15/06/2024]
(3) To avoid doubt, nothing in this Part prohibits or prevents —(a)
[Deleted by Act 12 of 2020 wef 15/06/2024]
(b)
any site supervisor or team of site supervisors appointed under section 10 from carrying on any activity solely for the purpose of that section; or
(c)
a qualified person, or any person under the direction or supervision of such a qualified person, from carrying on any activity within the practice of architecture or professional engineering which the qualified person is authorised to carry on under any written law other than this Act.[47/2007]
Prohibition against unlicensed builders
29B.—(1) Subject to the provisions of this Act, a person must not —(a)
advertise or hold himself, herself or itself out or conduct himself, herself or itself in any way or by any means as a person who is authorised to carry on the business of a general builder or a specialist builder in Singapore; or
(b)
assume, take or use (either alone or in combination with any other word, letter or device) the name or title of “licensed general builder” or “licensed specialist builder” (as the case may be), or any name, title or description calculated to lead others to believe the person is so licensed, or by words or conduct hold himself, herself or itself out as being so licensed,
unless the person is granted a general builder’s licence or a specialist builder’s licence, respectively.
[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(2) Subject to the provisions of this Act, a person must not —(a)
carry on the business of a general builder in Singapore unless the person is granted a general builder’s licence;[Act 12 of 2020 wef 15/06/2024]
(b)
carry on a business carrying out or undertaking to carry out (whether exclusively or in conjunction with any other business) general building works and minor specialist building works or minor specialist building works only, unless the person is granted a general builder’s licence; or[Act 12 of 2020 wef 15/06/2024]
(c)
carry on the business of a specialist builder in Singapore unless the person is granted a specialist builder’s licence.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to —(a)
a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both;
(b)
a further fine not exceeding $500 for each day or part of a day the person fails, without reasonable excuse, to comply with the requirements of that subsection; and
(c)
in the case of a continuing offence after conviction, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.[47/2007]
(4) Subject to the provisions of this Act, a person who carries out any general building works or specialist building works in contravention of subsection (2) is not entitled to recover in any court any charge, fee or remuneration for the general building works or specialist building works so carried out.[47/2007]
(5) Nothing in this section applies to prevent a corporation or limited liability partnership that ceases to have in force a licence from carrying on any activity necessary to the winding up of the corporation or limited liability partnership.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
Classes of builder’s licences
29C.—(1) A licence may be granted under this Part to a person authorising the person —(a)
to carry on the business of a general builder generally, known as a Class 1 general builder’s licence;
(b)
to carry on the business of a general builder restricted to contracts or engagements for an estimated final price each of not more than $3 million, or any other amount that the Minister may by order in the Gazette specify in lieu thereof, known as a Class 2 general builder’s licence; or
(c)
to carry on the business of a specialist builder specified therein, known as a specialist builder’s licence of that class.[47/2007; 30/2008]
[Act 12 of 2020 wef 15/06/2024]
(2) In this section, any reference to the estimated final price in relation to any building works is a reference to the total fee chargeable at practical completion for the building works, including any goods and services tax payable in relation to the supply of the work, and —(a)
where a number of distinct contracts or engagements to perform building works are entered into in connection with the same building by the same person, the estimated final price is the moneys payable in respect of the performance of all the contracts or engagements in the aggregate, even though some or all of such contracts or engagements taken severally do not exceed the sum specified in subsection (1)(b); and
(b)
in any case where the Commissioner of Building Control is satisfied that the contracts or engagements are substantially in respect of the same undertaking or that they were entered into with a view to evading the provisions of this Act, the estimated final price is the moneys payable in respect of the performance of such of the contracts or engagements in the aggregate as the Commissioner of Building Control determines.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
Register of licensed general builders and licensed specialist builders
29D.—(1) The Commissioner of Building Control must keep a register of licensees in which must be entered the names of all licensed general builders and licensed specialist builders, and any other particulars in relation thereto that may be prescribed.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(2) A person may, on payment of the prescribed fee, if any —(a)
inspect the register of licensees during the ordinary hours of business of the Commissioner of Building Control; or[Act 12 of 2020 wef 15/06/2024]
(b)
obtain from the Commissioner of Building Control a certificate as to the licence or non-licence of a named person on a specified date or during a specified period.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(3) A certificate purporting to be signed by the Commissioner of Building Control certifying that a person was or was not licensed under this Part on a specified date or during a specified period is admissible in any proceedings as evidence of the matters stated in the certificate.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
Application for builder’s licence
29E.—(1) An application for a licence must be made to the Commissioner of Building Control in the prescribed manner and accompanied by the appropriate application fee that may be prescribed.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(2) An applicant for a licence must, at the request of the Commissioner of Building Control, provide any further information or evidence that the Commissioner of Building Control may require to decide the application.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(3) Subject to sections 29F and 29G, upon receiving an application for a licence under subsection (1), the Commissioner of Building Control must consider the application and may —(a)
where the application is for a general builder’s licence —(i)
grant a Class 1 or Class 2 builder’s licence, with or without conditions; or
(ii)
refuse to grant any such licence; or
(b)
where the application is for a specialist builder’s licence —(i)
grant a specialist builder’s licence for the appropriate class of specialist building works, with or without conditions; or
(ii)
refuse to grant any such licence.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(4) In deciding whether to grant a licence, the Commissioner of Building Control may make inquiries and investigations that are reasonable and appropriate in the circumstances so as to be satisfied as to —(a)
the good character of the applicant or, if the applicant is a corporation or partnership, the general character of the management of the corporation or of the partners, as the case may be;
(b)
the financial condition of the applicant; and
(c)
whether the public interest will be served by the granting of the licence,
including —
(d)
seeking confirmation about the experience of applicants through site inspections and referee checks; and
(e)
carrying out checks with the Commissioner for Workplace Safety and Health appointed under section 7 of the Workplace Safety and Health Act 2006 and the Official Assignee.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(5) The Commissioner of Building Control may refuse to grant a licence under this section to any corporation or partnership if, in the opinion of the Commissioner of Building Control, the past conduct of any director, manager or employee of the corporation or any partner, manager or employee of the partnership provides reasonable grounds for believing that the corporation or partnership (as the case may be) will not carry on the business of a general builder or specialist builder in accordance with any written law and with honesty and integrity.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(6) Every licence is, unless earlier revoked, valid for the period specified therein (being not longer than 3 years), and upon its expiry, the licence may be renewed.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
Who may be licensed as general builder
29F.—(1) Subject to subsections (4) and (5), an individual carrying on business as a sole proprietor (P) who applies for a general builder’s licence is eligible to be granted such a licence if, and only if, P —(a)
has paid the prescribed fees for a general builder’s licence;
(b)
satisfies the Commissioner of Building Control that P is of good character, and intends to carry on business on P’s own account;
(c)
satisfies either of the following requirements:(i)
P has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a general builder or as a supervisor of general building works;
(ii)
P otherwise satisfies the Commissioner of Building Control that P has had such practical experience in the work of a general builder or as a supervisor of general building works as to render P competent to carry on the business of a general builder in Singapore; and
(d)
satisfies the Commissioner of Building Control that the execution and performance of any general building works in Singapore that P undertakes is under the personal supervision of —(i)
P, where P has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed; or
(ii)
one or more employees of P, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed.[Act 12 of 2020 wef 15/06/2024]
(1A) Subject to subsections (4) and (5), a corporation carrying on business as a sole proprietor (called in this subsection the applicant) which applies for a general builder’s licence is eligible to be granted such a licence if, and only if, the applicant —(a)
has paid the prescribed fees for a general builder’s licence;
(b)
satisfies the Commissioner of Building Control that the management of the applicant’s business, insofar as it relates to general building works in Singapore, is at all times under the charge and direction of a director or member of the board of management of the applicant who —(i)
has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a general builder or as a supervisor of general building works; or
(ii)
otherwise satisfies the Commissioner of Building Control that the director or member has had such practical experience in the work of a general builder or as a supervisor of general building works as to render the director or member competent to manage the business of a general builder in Singapore; and
(c)
satisfies the Commissioner of Building Control that the execution and performance of any general building works in Singapore that the applicant undertakes is under the personal supervision of —(i)
the director or member of the board of management mentioned in paragraph (b), who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed; or
(ii)
one or more employees of the applicant, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed.[Act 12 of 2020 wef 15/06/2024]
(2) Subject to subsections (4) and (5), a partnership which applies for a general builder’s licence is eligible to be granted such a licence if, and only if, the partnership —(a)
has paid the prescribed fees for a general builder’s licence;
(b)
satisfies the Commissioner of Building Control that the partnership includes one or more individuals who satisfy subsection (2A) (called in this section an approved person);
(c)
satisfies the Commissioner of Building Control that the management of the partnership’s business, insofar as it relates to general building works in Singapore, is at all times under the charge and direction of an approved person who —(i)
has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a general builder or as a supervisor of general building works; or
(ii)
otherwise satisfies the Commissioner of Building Control that the approved person has had such practical experience in the work of a general builder or as a supervisor of general building works as to render the approved person competent to manage the business of a general builder in Singapore; and
(d)
satisfies the Commissioner of Building Control that the execution and performance of any general building works in Singapore that the partnership undertakes is under the personal supervision of —(i)
an approved person who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed; or
(ii)
one or more employees of the partnership, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed.[Act 12 of 2020 wef 15/06/2024]
(2A) For the purposes of subsection (2), an approved person is —(a)
where the partnership comprises 2 or more individuals, a partner who satisfies the Commissioner of Building Control that the partner is a person of good character;
(b)
where the partnership comprises 2 or more corporations, a director or member of the board of management of any such corporation who satisfies the requirements in subsection (1A)(b);
(c)
where the partnership comprises both individuals and corporations, any individual mentioned in paragraph (a) or (b); and
(d)
where the partnership is a limited liability partnership, the manager mentioned in section 29(1) of the Limited Liability Partnerships Act 2005 who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed.[Act 12 of 2020 wef 15/06/2024]
[Act 15 of 2026 wef 01/07/2026]
(3) Subject to subsection (4), a corporation which applies for a general builder’s licence is eligible to be granted such a licence if, and only if, the corporation —(a)
has paid the prescribed fees for a general builder’s licence;
(b)
is not a company limited by guarantee or a corporation sole;
(c)
has a paid-up capital of —(i)
not less than $25,000 (or its equivalent in a foreign currency), where it is applying for a Class 2 general builder’s licence; or
(ii)
not less than $300,000 (or its equivalent in a foreign currency), where it is applying for a Class 1 general builder’s licence;
(d)
satisfies the Commissioner of Building Control that it is duly authorised to carry on the business of a general builder;
(e)
is accredited or registered with a prescribed professional or technical body or organisation;
(f)
satisfies the Commissioner of Building Control that the management of the corporation’s business, insofar as it relates to general building works in Singapore, is at all times under the charge and direction of a director or member of the board of management of the corporation who —(i)
has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a general builder or as a supervisor of general building works; or
(ii)
otherwise satisfies the Commissioner of Building Control that the director or member of the board of management (as the case may be) has had such practical experience in the work of a general builder or as a supervisor of general building works as to render the director or member of the board of management (as the case may be) competent to manage the business of a general builder in Singapore; and
(g)
satisfies the Commissioner of Building Control that the execution and performance of any general building works in Singapore that the corporation undertakes is under the personal supervision of —(i)
a director or member of the board of management of the corporation who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed; or
(ii)
one or more employees of the corporation, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed.[Act 12 of 2020 wef 15/06/2024]
(4) Despite subsection (1), (1A), (2) or (3), the Commissioner of Building Control may require an applicant under that subsection to satisfy him or her that the applicant has sufficient material and financial resources available to enable the applicant to meet the applicant’s financial obligations as and when they become due, and may refuse to grant a licence to an applicant who fails to so satisfy the Commissioner of Building Control.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(5) No sole proprietor and no partnership is eligible for a Class 1 general builder’s licence.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
Who may be licensed as specialist builder
29G.—(1) Subject to subsection (4), an individual carrying on business as a sole proprietor who applies for a specialist builder’s licence for any type of specialist building works is eligible to be granted such a licence if, and only if, the individual —(a)
has paid the prescribed fee for the specialist builder’s licence;
(b)
satisfies the Commissioner of Building Control that the individual is of good character, and intends to carry on business on the individual’s own account;
(c)
satisfies either of the following:(i)
the individual has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a licensed specialist builder for that type of specialist building works or as a supervisor of those specialist building works;
(ii)
the individual otherwise satisfies the Commissioner of Building Control that he or she has had such practical experience in the work of a licensed specialist builder for that type of specialist building works or as a supervisor of those specialist building works as to render the individual competent to carry on the business of a specialist builder in Singapore for that type of specialist building works; and[Act 15 of 2026 wef 01/07/2026]
(d)
satisfies the Commissioner of Building Control that the execution and performance of specialist building works of that type in Singapore that the individual undertakes is under the personal supervision of —(i)
the individual, where he or she has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed for that type of specialist building works; or[Act 15 of 2026 wef 01/07/2026]
(ii)
one or more employees of the individual, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed for that type of specialist building works.[Act 12 of 2020 wef 15/06/2024]
(1A) Subject to subsection (4), a corporation carrying on business as a sole proprietor (called in this subsection the applicant) who applies for a specialist builder’s licence for any type of specialist building works is eligible to be granted such a licence if, and only if, the applicant —(a)
has paid the prescribed fees for a specialist builder’s licence;
(b)
satisfies the Commissioner of Building Control that the management of the applicant’s business, insofar as it relates to specialist building works of that type in Singapore, is at all times under the charge and direction of a director or member of the board of management of the applicant who —(i)
has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a specialist builder for that type of specialist building works; or
(ii)
otherwise satisfies the Commissioner of Building Control that the director or member of the board of management has had such practical experience in the work of a licensed specialist builder for that type of specialist building works or as a supervisor of those specialist building works as to render the director or member of the board of management competent to manage the business of a specialist builder in Singapore for that type of specialist building works; and
(c)
satisfies the Commissioner of Building Control that the execution and performance of that type of specialist building works in Singapore that the applicant undertakes is under the personal supervision of —(i)
the director or member of the board of management mentioned in paragraph (b), who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed for that type of specialist building works; or
(ii)
one or more employees of the applicant, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed for that type of specialist building works.[Act 12 of 2020 wef 15/06/2024]
(2) Subject to subsection (4), a partnership that applies for a specialist builder’s licence for any type of specialist building works is eligible to be granted such a licence if, and only if, the partnership —(a)
has paid the prescribed fees for a specialist builder’s licence;
(b)
satisfies the Commissioner of Building Control that the partnership includes one or more individuals who satisfy subsection (2A) (called in this section an approved person);
(c)
satisfies the Commissioner of Building Control that the management of the partnership’s business, insofar as it relates to specialist building works of that type in Singapore, is at all times under the charge and direction of an approved person who —(i)
has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a specialist builder for that type of specialist building works; or
(ii)
otherwise satisfies the Commissioner of Building Control that the approved person has had such practical experience in the work of a specialist builder for that type of specialist building works or as a supervisor of those specialist building works as to render the approved person competent to manage the business of a specialist builder in Singapore for that type of specialist building works; and
(d)
satisfies the Commissioner of Building Control that the execution and performance of that type of specialist building works in Singapore that the partnership undertakes is under the personal supervision of —(i)
an approved person who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed for that type of specialist building works; or
(ii)
one or more employees of the partnership, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed for that type of specialist building works.[Act 12 of 2020 wef 15/06/2024]
(2A) For the purposes of subsection (2)(b), an approved person is —(a)
where the partnership comprises 2 or more individuals, a partner who satisfies the Commissioner of Building Control that the partner is a person of good character;
(b)
where the partnership comprises 2 or more corporations, a director or member of the board of management of any such corporation who satisfies the requirements in subsection (1A)(b);
(c)
where the partnership comprises both individuals and corporations, any individual mentioned in paragraph (a) or (b); and
(d)
where the partnership is a limited liability partnership, the manager mentioned in section 29(1) of the Limited Liability Partnerships Act 2005 who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed.[Act 12 of 2020 wef 15/06/2024]
[Act 15 of 2026 wef 01/07/2026]
(3) Subject to subsection (4), a corporation which applies for a specialist builder’s licence for any type of specialist building works is eligible to be granted such a licence if, and only if, the corporation —(a)
has paid the prescribed fees for a specialist builder’s licence;
(b)
is not a company limited by guarantee or a corporation sole;
(c)
has a paid-up capital of not less than $25,000 (or its equivalent in a foreign currency);
(d)
satisfies the Commissioner of Building Control that it is duly authorised to carry on the business of a specialist builder;
(e)
is accredited or registered with a prescribed professional or technical body or organisation;
(f)
satisfies the Commissioner of Building Control that the management of the corporation’s business, insofar as it relates to specialist building works of that type in Singapore, is at all times under the charge and direction of a director or member of the board of management of the corporation who —(i)
has completed the prescribed course of training and has the prescribed practical experience (whether in Singapore or elsewhere) in the work of a specialist builder for that type of specialist building works; or
(ii)
otherwise satisfies the Commissioner of Building Control that the director or member of the board of management (as the case may be) has had such practical experience for that type of specialist building works as to render the director or member of the board of management (as the case may be) competent to manage the business of a specialist builder in Singapore for that type of specialist building works; and
(g)
satisfies the Commissioner of Building Control that the execution and performance of that type of specialist building works in Singapore that the corporation undertakes is under the personal supervision of —(i)
a director or member of the board of management of the corporation who has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed for that type of specialist building works; or
(ii)
one or more employees of the corporation, each of whom has such qualifications and practical experience (whether in Singapore or elsewhere) as may be prescribed for that type of specialist building works.[Act 12 of 2020 wef 15/06/2024]
(4) Despite subsection (1), (1A), (2) or (3), the Commissioner of Building Control may require an applicant under that subsection to satisfy him or her that the applicant has sufficient material and financial resources available to enable the applicant to meet the applicant’s financial obligations as and when they become due, and may refuse to grant a licence to an applicant who fails to so satisfy the Commissioner.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
Conditions of builder’s licence relating to construction personnel
29H.—(1) From 16 June 2009, it is a condition of every Class 1 general builder’s licence (whether granted before the appointed day or otherwise) that the licensee holding that licence —(a)
must lodge with the Commissioner of Building Control a manpower programme that satisfies the requirements in subsection (2) in respect of each significant general building work project to be undertaken in Singapore by the licensee on or after that date; and[Act 12 of 2020 wef 15/06/2024]
(b)
must at all times when carrying on the general building works in connection with that significant general building work project, take all practicable steps to ensure that the registered construction personnel employed by or on the licensed general builder’s behalf or engaged in connection with that significant general building work project comply with the manpower programme lodged under paragraph (a) in respect of that significant general building work project.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(2) A manpower programme in respect of any particular significant general building work project is a programme or scheme specifying all or any of the following:(a)
the number (which must not be less than the number prescribed) of different classes of registered construction personnel to be employed by or on behalf of the licensed general builder or to be engaged in connection with that significant general building work project;
(b)
the proportion (which must not be less than the proportion prescribed) of different classes of registered construction personnel to be employed by or on behalf of the licensed general builder or to be engaged in connection with that significant general building work project.[47/2007]
(3) If there is any change in the number or proportion of registered construction personnel —(a)
specified in a manpower programme lodged by a licensed general builder under subsection (1)(a) in respect of any particular significant building work project; or
(b)
employed by or on behalf of the licensed general builder or to be engaged in connection with that particular significant building work project,
the licensed general builder must notify the Commissioner of Building Control of the change within 7 days after that change.
[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(4) In this section, “take all practicable steps”, in relation to any result in any circumstances, means taking all steps to achieve the result that it is reasonably practicable to take in the circumstances; and to avoid doubt, a person required by this section to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about.[47/2007]
(5) In this section, unless the context otherwise requires —“construction foreman” means a natural person who carries out, or undertakes to carry out, for or on behalf of another person for a fixed sum, percentage, or valuable consideration, wages or other reward, the supervision and coordination of construction tradesmen or other workmen in any prescribed class of work connected with any building works, and a construction foreman is to be classified according to the class of work he or she so supervises for reward;
“construction personnel” means any natural person who is —(a)
a construction foreman of any class;
(b)
a construction supervisor of any class; or
(c)
a construction tradesman of any class;
“construction supervisor” means a natural person, not being a builder, who oversees the execution or performance of building works for or on behalf of another person for a fixed sum, percentage, or valuable consideration, wages or other reward, but does not include a construction foreman or other person employed in a like or less responsible capacity;
“construction tradesman” means a natural person, not being a builder, who carries out, or undertakes to carry out, for or on behalf of another person, for a fixed sum, percentage, or valuable consideration, wages or other reward, any prescribed class of work connected with any building works, and a construction tradesman is to be classified according to the class of work he or she so carries out for reward;[Act 15 of 2026 wef 01/07/2026]
“engaged” means engaged under a contract of service or a contract for services;
“registered” means registered with the Building and Construction Authority;
“significant general building work project” means any building works the value of which is $10 million or any other amount that the Minister may, by order in the Gazette, specify in lieu thereof, or more.[47/2007; 30/2008]
Other conditions of builder’s licence
29I.—(1) It is a condition of every Class 2 builder’s licence that the licensee holding such a licence must not enter into any contract or engagement to carry out general building works for an estimated final price which exceeds the amount specified under section 29C(1)(b).[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(2) A licensed general builder or licensed specialist builder who is a sole proprietor must ensure that —(a)
the execution and performance of any general building works or specialist building works that the licensed general builder or licensed specialist builder is carrying out is personally supervised by —(i)
an individual mentioned in section 29F(1)(d) or 29G(1)(d), as the case may be; or
(ii)
an individual mentioned in section 29F(1A)(c) or 29G(1A)(c), as the case may be; and
(b)
the name of the licensed general builder or licensed specialist builder (as the case may be) appears in any sign affixed or erected at the site where the general building works or specialist building works are carried out.[Act 12 of 2020 wef 15/06/2024]
(3) A licensed general builder or licensed specialist builder which is a partnership or a corporation must ensure that the execution and performance of the general building works or specialist building works that licensed general builder or licensed specialist builder is carrying out is personally supervised by —(a)
an individual mentioned in section 29F(2)(d) or 29G(2)(d), as the case may be; or
(b)
an individual mentioned in section 29F(3)(g) or 29G(3)(g), as the case may be.[Act 12 of 2020 wef 15/06/2024]
(4) It is a condition of every general builder’s licence that the management of the business of the licensed general builder holding that licence, insofar as the business relates to general building works, must at all times be under the charge and direction of an individual mentioned in —(a)
section 29F(1A)(b), if the licensed general builder is a sole proprietor;
(b)
section 29F(2)(c), if the licensed general builder is a partnership; or
(c)
section 29F(3)(f), if the licensed general builder is a corporation.[Act 12 of 2020 wef 15/06/2024]
(5) It is a condition of every specialist builder’s licence for a type of specialist building works that the management of the business of the licensed specialist builder holding that licence, insofar as it relates to that type of specialist building works, must at all times be under the charge and direction of an individual mentioned in —(a)
section 29G(1A)(b), if the licensed specialist builder is a sole proprietor;
(b)
section 29G(2)(c), if the licensed specialist builder is a partnership; or
(c)
section 29G(3)(f), if the licensed specialist builder is a corporation.[Act 12 of 2020 wef 15/06/2024]
(6) Without limiting subsections (1) to (5), the Commissioner of Building Control may grant a licence subject to such other conditions as the Commissioner of Building Control thinks fit and may at any time vary any existing conditions (other than those specified in subsections (1) to (5)) of such a licence or impose additional conditions thereto.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(7) Before making any modification to the conditions of a licence under this section, the Commissioner of Building Control must give notice to the licensee concerned —(a)
stating that he or she proposes to make the modification in the manner specified in the notice; and
(b)
specifying the time (being not less than 14 days from the date of service of notice on the licensee concerned) within which written representations with respect to the proposed modification may be made.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(8) Upon receipt of any written representation mentioned in subsection (7)(b), the Commissioner of Building Control must consider the representation and may reject the representation or amend the proposed modification in accordance with the representation, or otherwise and, in either event, must thereupon issue a written direction to the licensee concerned requiring that effect be given to the proposed modification specified in the notice or to any modification as subsequently amended by the Commissioner of Building Control within a reasonable time.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
Revocation of licences, etc.
29J.—(1) Subject to subsection (3), the Commissioner of Building Control may by order revoke any general builder’s licence or specialist builder’s licence if he or she is satisfied that —(a)
the licensee fails to comply with any of the relevant requirements of section 29H(1) or (3) or 29I(1) or (5), as the case may be;[Act 12 of 2020 wef 15/06/2024]
(b)
the licensee has failed to comply with any condition imposed by the Commissioner of Building Control under subsection (2)(e) or section 29I(6);[Act 12 of 2020 wef 15/06/2024]
(ba)
the licensee has contravened a direction under subsection (2)(d);[Act 12 of 2020 wef 15/06/2024]
(c)
for a period exceeding 28 days, the licensee ceases to, or ceases to have the individual required under section 29I(2) or (3), personally supervise the execution and performance of any general building works or specialist building works in Singapore undertaken by the licensee;[Act 12 of 2020 wef 15/06/2024]
(d)
the licence had been obtained by fraud or misrepresentation;
(e)
the licensee has ceased to carry on business as a general builder or specialist builder (as the case may be) in Singapore;[Act 12 of 2020 wef 15/06/2024]
(f)
the licensee has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;[Act 12 of 2020 wef 15/06/2024]
(g)
the licensee has been convicted of an offence under this Act;[Act 12 of 2020 wef 15/06/2024]
(h)
the conduct of any director, manager or employee of the corporation, or any partner or employee of the partnership, that is a licensee provides grounds for believing that the corporation or partnership (as the case may be) will not carry on the business of a general builder or specialist builder (as the case may be) in Singapore in accordance with any written law and with honesty and integrity;[Act 12 of 2020 wef 15/06/2024]
(i)
the public interest or national security of Singapore so requires; or
(j)
the licensee has refused or failed to comply with an order of the Commissioner of Building Control made under subsection (2)(b) or (d).[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(2) The Commissioner of Building Control may, in any case in which he or she considers that no cause of sufficient gravity for revoking any general builder’s licence or specialist builder’s licence exists, by order —(a)
suspend the licence for a period not exceeding 6 months;
(b)
impose on the licensee concerned a financial penalty not exceeding $20,000 where the ground for doing so is subsection (1)(a), (b), (c), (d), (e), (f), (h) or (j);[Act 12 of 2020 wef 15/06/2024]
(c)
censure the licensee concerned; [Act 12 of 2020 wef 15/06/2024]
(d)
direct that, for a period specified by the Commissioner of Building Control, the licensee —(i)
must not enter into or undertake any contract or engagement to carry out all or any general building works or specialist building works; or
(ii)
may enter into or undertake any further contract or engagement to carry out any general building works or specialist building works, provided that the value of the further contracts or engagements must not exceed an amount specified in the order; or[Act 12 of 2020 wef 15/06/2024]
(e)
modify the conditions of the licence, immediately or upon renewal of the licence in question.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(3) The Commissioner of Building Control must not exercise his or her powers under subsection (1) or (2) unless an opportunity of being heard by a representative in writing or by counsel had been given to the licensee against which the Commissioner of Building Control intends to exercise its powers, being a period of not more than 14 days.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(4) Where the Commissioner of Building Control has revoked a licence under this section, he or she must serve on the former licensee concerned a notice of the order made under this section.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
[Act 15 of 2026 wef 01/07/2026]
(5) Any order by the Commissioner of Building Control revoking or suspending a licence, or imposing a financial penalty, direction or restriction does not take effect until the expiry of 14 days after the Commissioner of Building Control has served the order on the licensee concerned.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(6) Where the licensee concerned has appealed under section 29K to the Minister against an order by the Commissioner of Building Control under this section, the order does not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or withdrawn.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(7) Where an order of revocation becomes effective —(a)
the Commissioner of Building Control must cause notice of the revocation to be published in the Gazette; and[Act 12 of 2020 wef 15/06/2024]
(b)
the former licensee concerned must, as from the date of the notice, cease to carry on business as a general builder or specialist builder (as the case may be) in Singapore except as the Commissioner of Building Control may approve.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(8) Subsection (7)(b) does not prejudice the enforcement by any person of any right or claim against the corporation, partnership or limited liability partnership or by the corporation, partnership or limited liability partnership of any right or claim against any person.[47/2007]
(9) In any proceedings under this section in relation to the conviction of a licensee for a criminal offence, the Commissioner of Building Control is to accept the conviction as final and conclusive.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(10) A licensed general builder or licensed specialist builder that enters into or undertakes any contract or engagement to carry out any building works in contravention of a direction made under subsection (2)(d) is not entitled to recover any charge, fee or remuneration under such a contract or engagement.[Act 12 of 2020 wef 15/06/2024]
(11) A direction made under subsection (2)(d) continues to have effect despite the renewal of the licence held by the licensee under section 29E(6).[Act 12 of 2020 wef 15/06/2024]
Appeal to Minister
29K.—(1) Any person whose application for a licence or for the renewal of a licence has been refused by the Commissioner of Building Control may, within 14 days after being notified of such refusal, appeal in the prescribed manner to the Minister whose decision is final.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(2) Where a licence is granted by the Commissioner of Building Control subject to conditions (other than those specified in section 29H or 29I), the licensee concerned may, within 14 days after being notified of such conditions, appeal in the prescribed manner to the Minister whose decision is final.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(3) If the Commissioner of Building Control has made —(a)
an order of revocation or suspension of a licence under section 29J; or
(b)
an order imposing any pecuniary penalty on, or a direction or restriction on the business of a licensed corporation, partnership or limited liability partnership under section 29J(2),
the person whose licence is revoked or suspended, on whom such a penalty, direction or restriction is imposed (as the case may be) may, within 14 days after being served with the notice of the order, appeal to the Minister against the order, and the decision of the Minister is final.
[47/2007]
[Act 12 of 2020 wef 15/06/2024]
(4) In any appeal under this section in relation to the conviction of a licensee for a criminal offence, the Minister on appeal from any order of the Commissioner of Building Control is to accept the conviction as final and conclusive.[47/2007]
[Act 12 of 2020 wef 15/06/2024]
Power of Minister to make regulations
29L. The Minister may make regulations for giving effect to the provisions of this Part and for the due administration thereof, and, in particular, for or with respect to all or any of the following matters:(a)
prescribing the form and procedure for applications for licences;[Act 12 of 2020 wef 15/06/2024]
(b)
varying the minimum paid‑up capital of a corporation specified in section 29F(3)(c) or 29G(3)(c) in connection with applications for a general builder’s licence or specialist builder’s licence;
(c)
prescribing the different classes of construction tradesmen and construction foremen for the purposes of section 29H;
(d)
prescribing offences in respect of the contravention of any regulations made under this section, and prescribing fines, not exceeding $10,000 or imprisonment which may not exceed 12 months or both, that may, on conviction, be imposed in respect of any such offence;
(e)
prescribing any matter which is required under this Part to be prescribed.[47/2007]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
