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Class exemption from Act
30. The Minister may, by order in the Gazette, exempt any class of persons, premises or buildings or building works from the operation of all or any of the provisions of this Act, the building regulations or other subsidiary legislation made under this Act.[Act 12 of 2020 wef 01/01/2022]
Administrative exemption from Act
30A.—(1) The Commissioner of Building Control may exempt, for a period specified in the exemption, a particular person from the operation of all or any of the provisions of this Act or the building regulations where the Commissioner of Building Control is personally satisfied that all of the following apply:(a) the risk to public safety in providing the exemption is negligible; (b) there are other sufficient safeguards under this Act or any other written law, or by other means, to minimise any risk to public safety in providing the exemption; (c) there are requirements in other written law or there are other means that deal with the matter to be exempted besides the applicable requirements of this Act. (2) An exemption under this section —(a) must be in writing and given to the particular person concerned; and (b) need not be published in the Gazette.[Act 12 of 2020 wef 01/01/2022]
Offences by bodies corporate, etc.
31.—(1) Where an offence under this Act or any subsidiary legislation made under this Act has been committed by a body corporate, every officer of the body corporate shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless the officer proves that —(a) the offence was committed without the consent or connivance of the officer; and (b) the offence was not attributable to any neglect on the officer’s part.[47/2007; 22/2012] (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.[47/2007] (3) Where an offence under this Act or any subsidiary legislation made under this Act has been committed by a partnership, each partner of the partnership shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless the partner proves that —(a) the offence was committed without the consent or connivance of the partner; and (b) the offence was not attributable to any neglect on the partner’s part.[47/2007; 22/2012] (4) Where an offence under this Act or any subsidiary legislation made under this Act has been committed by an unincorporated association (other than a partnership), every officer of the unincorporated association and every member of its governing body shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless the officer or member (as the case may be) proves that —(a) the offence was committed without the consent or connivance of the officer of the unincorporated association or member of its governing body, as the case may be; and (b) the offence was not attributable to any neglect on the part of that officer or member.[47/2007; 22/2012] (5) In this section —“body corporate” includes a limited liability partnership; “officer” —(a) in relation to a body corporate, means any director, partner, member of the committee of management, Chief Executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or (b) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner.[47/2007] (6) The Minister may make regulations providing for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.[47/2007]
Protection from liability
32.—(1) No liability shall lie against any public officer by reason of the fact that any building works are carried out in accordance with the provisions of and any subsidiary legislation made under this Act or that such building works or plans of the building works are subject to inspection or approval by the Commissioner of Building Control or the public officer.[2/2012] [Act 12 of 2020 wef 01/01/2022] (2) Nothing in this Act and any subsidiary legislation made under this Act makes it obligatory for the Commissioner of Building Control to inspect any building or building works or the site of any proposed building to ascertain whether the provisions of this Act and any subsidiary legislation made under this Act are complied with or whether any plans, certificates, notices or other documents submitted to him or her are accurate.[Act 12 of 2020 wef 01/01/2022] (3) No liability lies personally against the Commissioner of Building Control or any person authorised under section 3(2) for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in the execution or purported execution of this Act and any subsidiary legislation made under this Act.[Act 12 of 2020 wef 01/01/2022] (4) Where the Commissioner of Building Control provides any information to any person in respect of any building or building works by electronic or other means, the Government, the Commissioner of Building Control and any public officer are not liable for any loss or damage suffered by any person by reason of any error or omission of whatever nature or howsoever caused, including any defect or breakdown in the electronic equipment used for providing the information, if the error or omission is made in good faith and in the ordinary course of duties of the Commissioner of Building Control or public officer.
Powers of entry, etc.
33.—(1) The Commissioner of Building Control, or any person authorised by the Commissioner of Building Control under section 3(2) for the purposes of this section (called in this section the authorised officer) may enter any premises at all reasonable hours for the purpose of —(a) ascertaining whether there is, or has been, on or in connection with the premises, a contravention of this Act or any subsidiary legislation made under this Act; (b) ascertaining whether circumstances exist that would authorise the Commissioner of Building Control or any person appointed by him or her for this purpose to take any action or execute any work under this Act or any subsidiary legislation made under this Act; (c) taking any action or carrying out any work, authorised or required by this Act or any subsidiary legislation made under this Act; or (d) inspecting the documents, books or records kept and maintained by any person under this Act or any subsidiary legislation made under this Act.[18/2003; 47/2007; 22/2012] [Act 12 of 2020 wef 01/01/2022] (1A) The Commissioner of Building Control or an authorised officer may do all or any of the following for any purpose in subsection (1) in or on any premises entered under that subsection:(a) make such openings as may be necessary; (b) inspect, test, examine, remove and detain (without compensation) reasonable samples of any building materials found in the premises; (c) analyse, or cause to be analysed, any sample of building materials mentioned in paragraph (b); (d) make copies of or take extracts from, or require the person having the management or control of the premises to provide copies of or extracts from, any document, book or record; (e) make any still or moving image or any recording of the premises or any thing in the premises; (f) subject to subsection (4B), seize any document, book, record, equipment, instrument or other article which the Commissioner of Building Control or authorised officer reasonably believes to be the subject matter of, or to be connected with the commission of, an offence under this Act or any subsidiary legislation made under this Act; (g) take onto the premises such equipment and materials as the Commissioner of Building Control or authorised officer requires for the purpose of exercising powers in relation to the premises; (h) operate a fixed installation or any electronic equipment in or on the premises, or require a person on the premises to operate any fixed installation or electronic equipment, in order to access evidential material; (i) seize and detain any machinery, equipment or plant which the Commissioner of Building Control or authorised officer reasonably believes to be connected or used in connection with a contravention of this Act or any subsidiary legislation made under this Act; (j) place a cordon around the premises or fixed installation concerned or otherwise secure the premises or fixed installation against unauthorised entry or use.[Act 12 of 2020 wef 01/01/2022] (1B) Where any document, book, record, equipment, instrument or other article has been seized under subsection (1A) —(a) the Commissioner of Building Control or authorised officer who seized the document, book, record, equipment, instrument or other article must give written notice of the seizure to the person from whom it was seized, if the name and address of that person are known; (b) the document, book, record, equipment, instrument or other article may be kept or stored in the premises where it was seized or may, at the direction of the Commissioner of Building Control or authorised officer, be removed to any other place —(i) to be kept or stored; or (ii) for testing or examination; and (c) in any case under paragraph (b), the Commissioner of Building Control or authorised officer may —(i) mark, seal or label the document, book, record, equipment, instrument or other article in such manner as the Commissioner of Building Control or authorised officer thinks fit for the purpose of indicating that it is under detention; and (ii) lock or seal the whole or part of the premises in which the document, book, record, equipment, instrument or other article is being detained.[Act 12 of 2020 wef 01/01/2022] (1C) The power under subsection (1A)(h) to operate electronic equipment in or on the premises includes the power —(a) to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment; (b) to operate electronic equipment in or on the place to put the relevant data in documentary form and remove the documents so produced from the premises; and (c) to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that —(i) is brought to the premises for the exercise of the power; or (ii) is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises, and to remove the disk, tape or other storage device from that premises. [Act 12 of 2020 wef 01/01/2022] (1D) A person who, without the permission of the Commissioner of Building Control or authorised officer —(a) interferes, tampers with, removes or otherwise disposes of any article or document seized under subsection (1A); (b) alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the Commissioner of Building Control or authorised officer under subsection (1B)(c)(i); or (c) opens, breaks or otherwise tampers with the lock or seal placed by the Commissioner of Building Control or authorised officer on the whole or part of any premises under subsection (1B)(c)(ii), 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. [Act 12 of 2020 wef 01/01/2022] (2) The results of any analysis of a sample of building materials taken under subsection (1A)(c) are not admissible as evidence in any proceedings under this Act or the building regulations unless the samples were taken in the prescribed manner.[Act 12 of 2020 wef 01/01/2022] (3) A certificate of the results of an analysis of a part of a sample taken under subsection (1A)(c) must be signed by the analyst but the analysis may be made by a person acting under the direction of the analyst.[Act 12 of 2020 wef 01/01/2022] (4) For the purposes of any inspection under subsection (1)(d), the person concerned must —(a) allow the Commissioner of Building Control or authorised officer to access, and must produce on request, the documents, books or records; and (b) give such information and facilities as the Commissioner of Building Control or authorised officer may require.[Act 12 of 2020 wef 01/01/2022] (4A) Any person who contravenes or fails to comply with subsection (4) shall be guilty of an offence.[Act 12 of 2020 wef 01/01/2022] (4B) The documents, books, records, equipment, instrument or other article mentioned in subsection (1A)(f) must not be seized at such times or at such places as could pose to any person risk of death or serious injury.[Act 12 of 2020 wef 01/01/2022] (5) The documents, books or records mentioned in subsection (4) are not required to be produced at any time or at any place that would interfere with the proper execution of the building works. (6) Any person who wilfully obstructs the Commissioner of Building Control or an authorised officer in the performance of any matter or thing which he or she is authorised to do by this section shall be guilty of an offence.[47/2007] [Act 12 of 2020 wef 01/01/2022]
Presumptions and defences
34.—(1) In any proceedings instituted under this Act for the commencement or carrying out of any building works on any premises in contravention of the provisions of this Act or the building regulations, the owner of the premises at the time the building works were commenced or carried out is presumed, until the contrary is proved, to be the person commencing or carrying out the building works. (2) Where anything is required under this Act to be done by the owner of a building, and there is more than one owner of the building, it is a defence to any prosecution for failing to do that thing —(a) that the thing was done by another owner of the building; or (b) that any notice or order in respect of the thing required under this Act to be served on the owner was served on another owner of the building and not on the person charged.
Occupier may execute work in default of owner
35.—(1) Whenever default is made by an owner of any premises in the execution of any work required under this Act to be executed by the owner, an occupier of the premises may, with the approval of the Commissioner of Building Control, cause the work to be executed. (2) The costs and expenses thereof are recoverable by the occupier from the owner or the amount may be deducted out of the rent from time to time becoming due from the occupier to the owner. (3) The occupier may, in the absence of any special agreement to the contrary, retain possession of the premises until the costs and expenses incurred by the occupier have been fully reimbursed.
Proceedings if occupier opposes execution of works, etc.
36.—(1) Where —(a) the owner of any premises is required under any provision of this Act or the building regulations to carry out any work or make any provision in respect of the premises; (b) the owner has given written notice to the occupier of the premises of the owner’s intention to carry out the work or make such provision; and (c) the occupier prevents the owner from carrying out the work or making such provision in respect of the premises, a Magistrate’s Court, upon proof thereof and upon application by the owner, may make a written order requiring the occupier to permit the owner to execute all such work or to make any provision with respect to the premises that may be required by the provisions of this Act or the building regulations and may also, if the Court thinks fit, order the occupier to pay to the owner the costs relating to the application or order. (2) If, after the expiry of 8 days from the date of the order, the occupier continues to refuse to permit the owner to execute such work or make any provision that may be required by the provisions of this Act or the building regulations, the occupier shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 for every day during which the occupier so continues to refuse.[47/2007] [Act 15 of 2026 wef 01/07/2026] (3) Every such owner is, during the continuance of such refusal, discharged from any penalties to which the owner might otherwise have become liable by reason of the owner’s default in executing the work or making provision in respect of the premises or building. (4) To avoid doubt, in this section, a reference to making any provision in respect of any premises includes a reference to doing anything that the owner of the premises is required to do in respect of the premises under Part 3B.[Act 28 of 2024 wef 30/09/2025]
Recovery of costs and expenses payable by owners
37.—(1) All expenses incurred by the Commissioner of Building Control in or about the execution of any work pursuant to any provision of this Act, together with interest accruing in accordance with subsection (3), are recoverable from the person who is the owner of the premises on the date on which the works are completed. (1A) As from the date of the completion of the work, the expenses and interest accrued due thereon are, until recovered, a first charge on the premises and on all estates and interests therein, exercisable against the premises and the estates and interests therein and all movable property or crops for the time being found thereon, despite any change in the ownership or occupation of the premises subsequent to that date. (2) The Commissioner of Building Control may certify under his or her hand the expenses due and the names of the persons liable therefor and may by that certificate apportion the expenses among those persons. (2A) A copy of the certificate must be served upon each of those persons mentioned in subsection (2), but where no such persons may be found, the certificate is deemed to have been duly served if a copy thereof is posted at the office of the Commissioner of Building Control and another copy is affixed to some conspicuous part of the premises in respect of which the expenses have been incurred. (3) Interest at the rate of 9% per annum from the expiry of one month from the date of service of a certificate under subsection (2A) is recoverable as part of the expenses incurred by the Commissioner of Building Control. (4) A certificate purporting to be under the hand of the Commissioner of Building Control and to be made under subsection (2) and setting forth the amount claimed as due to the Commissioner of Building Control and the persons as liable for the payment thereof is prima facie evidence of the facts certified therein and of the signature of the Commissioner of Building Control thereto. (5) If any sum or any part thereof due to the Commissioner of Building Control under this Act remains unpaid at the expiry of one month commencing from the date of service of the certificate under subsection (2A), or any further period as the Commissioner of Building Control may allow, it is deemed to be arrears.
Recovery of costs and expenses by instalments
38.—(1) Where the Commissioner of Building Control has incurred expenses in or about the execution of any work which are recoverable from any person, the Commissioner of Building Control may either recover such expenses in the manner provided in section 37 or, if he or she thinks fit, obtain an undertaking from the person for the payment of such instalments as will be sufficient to defray the whole amount of such expenses with interest thereon at a rate not exceeding 9% per annum within a period of 10 years. (2) Upon default in payment of any instalment upon the date appointed for payment thereof by any such undertaking, the whole of the balance then outstanding of such amount immediately becomes due and payable and, despite any change in the ownership or occupation of the premises since the date of the undertaking, may be recovered by the same means and in the like manner as provided in section 37.
Power to vary interest rates
39. The Minister may, at any time by notification in the Gazette, vary the rates of interest specified in sections 37(3) and 38(1).
Liability of transferor of property in respect of expenses incurred by Commissioner of Building Control
40.—(1) Where a person sells or transfers any premises in respect of which expenses have been incurred by the Commissioner of Building Control in or about the execution of any work required to be done under this Act which are recoverable from the owner thereof, the person continues to be liable for the payment of all such expenses payable in respect of the premises and for the performance of all other obligations imposed by this Act upon the owner of those premises which became payable or were required to be performed prior to the transfer. (2) Nothing in subsection (1) affects the liability of the purchaser or transferee to pay such expenses in respect of the premises or affects the right of the Commissioner of Building Control to recover such expenses or to enforce any obligation under this Act.
Property and materials seized or removed by Commissioner of Building Control
41.—(1) Any property or materials seized or removed by the Commissioner of Building Control, in the exercise of his or her powers under section 19(6) or 25(6)(c), may be forfeited to the Government and sold or otherwise disposed of by the Commissioner of Building Control unless a claim is made by the person to whom the property or materials belong within 2 weeks of the seizure or removal in which case the property or materials may be returned to the person on any terms and conditions that the Commissioner of Building Control may impose.[Act 12 of 2020 wef 01/01/2022] (2) Where the Commissioner of Building Control sells any property or materials under subsection (1), the Commissioner of Building Control must pay on demand the proceeds of the sale to the owner to whom the property or materials belonged after deducting the amount of any expenses recoverable by the Commissioner of Building Control from the owner. (3) Any proceeds of the sale of property or materials under this section not claimed within 2 years of the sale must be paid into the Consolidated Fund.
Service of documents
42.—(1) Any notice, order or document required or authorised to be served under this Act (including any subsidiary legislation made under this Act) is deemed to be sufficiently served —(a) by delivering a copy thereof personally or by leaving it with any adult person at the last known place of abode of the person on whom the notice, order or document is to be served; (b) by leaving it at the usual or last known place of abode or business of the person on whom the notice, order or document is to be served in a cover addressed to that person or by posting it upon a conspicuous part of those premises; (c) by sending it by registered post addressed to the person on whom the notice, order or document is to be served at that person’s usual or last known place of abode or business; (ca) by sending it by fax to the fax number operated at the usual or last known address of the place of residence or business of the individual, or the last fax number given to the Commissioner of Building Control by the individual as the fax number for the service of documents on the individual; or (d) in the case of an incorporated company, a partnership or a body of persons —(i) by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; (ii) by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business; or (iii) by sending it by fax to the fax number operated at the registered office or principal place of business of the company, partnership or body of persons.[47/2007; 22/2012] (1A) Any notice or document (other than an order) required or authorised to be served under this Act (including any subsidiary legislation made under this Act) is, in addition to any mode of service under subsection (1), deemed to be sufficiently served —(a) by sending it by ordinary post addressed to the person on whom the notice or document is to be served at the person’s usual or last known place of abode or business; (b) by electronic communication, by sending an electronic communication of the notice or document to the last email address given to the Commissioner of Building Control by the individual as the email address for the service of documents on the individual; or (c) in the case of an incorporated company, a partnership or a body of persons —(i) by sending it by ordinary post addressed to the company, partnership or body of persons at its registered office or principal place of business; or (ii) by electronic communication, by sending an electronic communication of the notice or document to the last email address given to the Commissioner of Building Control by the company, partnership or body of persons as the email address for the service of documents on it.[22/2012] (2) Any notice, order or document required or authorised to be served under this Act on the owner or occupier of any premises or building is also deemed to be sufficiently served by delivering a copy thereof personally to any adult person on the premises or building or, if there is no such person to whom it can with reasonable diligence be delivered, by affixing the notice, order or document to a conspicuous part of the premises or building. (3) Any notice, order or document required or authorised by this Act to be served on the owner or the occupier of any premises is deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of the premises without further name or description. (4) Any notice, order or document to be issued by the Commissioner of Building Control under this Act or any subsidiary legislation made under this Act may be issued in any form that the Commissioner of Building Control may determine and every such notice, order or document is valid if the signature of the Commissioner of Building Control or any officer authorised under this Act is duly printed or written thereon.[22/2012] (5) Where any notice, order or other document to be served on any person is —(a) sent by fax to the fax number operated at the last known place of residence or business or registered office or principal place of business in accordance with subsection (1) — it is deemed to be duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal place of business, as the case may be; (b) sent by registered post to any person in accordance with subsection (1) — it is deemed to be duly served on the person at the time when it would, in the ordinary course of post, be delivered, whether or not it is returned undelivered, and in proving service of the notice, order or document, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post; (c) sent by ordinary post to any person in accordance with subsection (1A) — it is deemed to be duly served on the person to whom it is addressed on the day succeeding the day on which it would, in the ordinary course of post, be delivered; and (d) sent by electronic communication to an email address in accordance with subsection (1A) — it is deemed to be duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address.[22/2012] (6) Service of any notice or document under this Act on a person by electronic communication may be effected only if the person gives as part of the person’s address for service an email address.[22/2012] (7) This section does not apply to notices, orders or documents to be served in proceedings in court.[22/2012]
Inaccuracies in notices, etc.
42A.—(1) No misnomer or inaccurate description of any person, premises, building or building works or any other thing named or described in any notice or order issued or served under or for the purposes of this Act or any subsidiary legislation made under this Act renders invalid the notice or order or affect the operation of this Act or its subsidiary legislation if the person, premises, building or building works or other thing named or described in the notice or order is so designated or described as to be identifiable.[22/2012] (2) No proceedings taken under or by virtue of this Act or any subsidiary legislation made under this Act are rendered invalid merely by reason of want of form, which otherwise would be valid.[22/2012]
Use of electronic service for making applications, etc.
42AA.—(1) The Commissioner of Building Control may permit an application to or a lodgment with him or her under this Act to be made through an electronic service that is —(a) administered by a public authority to facilitate the sending of documents under this Act and any other written law in connection with building works; and (b) prescribed by the Minister by notification in the Gazette. (2) Where a person uses the electronic service mentioned in subsection (1) to make an application to or a lodgment with the Commissioner of Building Control, the Commissioner of Building Control may serve on the person any acknowledgment, approval, certificate, direction, notice, permit or other document in connection with the application or lodgment, by sending it to the person’s account with the electronic service. (3) Service of a document on a person under subsection (2) takes effect at the time when an electronic record of the document reaches the person’s account with the electronic service. (4) This section applies despite anything to the contrary in this Act. (5) In this section, “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010.[Act 23 of 2023 wef 18/12/2023]
Providing of information
43.—(1) The Commissioner of Building Control, or any person authorised by the Commissioner of Building Control under section 3(2) for the purpose of this section (called in this section the authorised officer), may exercise the powers in this section for the purpose of —(a) ascertaining whether there is, or has been, a contravention of this Act or any subsidiary legislation made under this Act; (b) ascertaining whether circumstances exist that would authorise the Commissioner of Building Control or authorised officer to take any action or execute any work under this Act or any subsidiary legislation made under this Act; or (c) taking any action or carrying out any work authorised or required by this Act or any subsidiary legislation made under this Act. (2) For the purposes of subsection (1), the Commissioner of Building Control or authorised officer may —(a) require any person —(i) to answer any question (to the best of that person’s knowledge, information and belief) and provide any information; and (ii) to produce, for inspection by the Commissioner of Building Control or authorised officer, any book, document, record, still or moving image, recording, article or thing within the person’s possession, or to provide the Commissioner of Building Control or authorised officer with copies of such book, document, still or moving image, recording or other record; and (b) require any person in Singapore whom the Commissioner of Building Control or authorised officer has reason to believe to be acquainted with any facts or circumstances relevant to such purposes to attend before the Commissioner of Building Control or authorised officer to answer any question (to the best of that person’s knowledge, information and belief) and to provide any document or information. (3) Any statement made by an individual in answer to a question under subsection (2)(a)(i) or (b) must —(a) be reduced to writing; (b) be read over to the individual; (c) if the individual does not understand English, be interpreted in a language that the individual understands; and (d) after correction (if necessary) be signed by that individual. (4) If —(a) a person provides a document or gives a statement or information (whether orally or in writing) to the Commissioner of Building Control or an authorised officer for the purposes of this section; (b) the document, statement or information is false or misleading, or the statement or information omits any matter or thing without which the statement or information (as the case may be) is misleading; and (c) the person knows, or ought reasonably to know, that the document is false or misleading, or that the statement or information is as described in paragraph (b), the person 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. (5) Subsection (4) does not apply if the document, statement or information is not false or misleading in a material particular, or if the statement or information does not omit any matter or thing without which the statement or information (as the case may be) is misleading in a material particular. (6) A person —(a) who intentionally alters, suppresses or destroys any document or information which the person has been required by or under subsection (2) to produce or provide; or (b) who, in providing any document or information required by or under subsection (2), makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular, 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. (7) A person who, without reasonable excuse, fails to do anything required of the person under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. (8) A person is not excused from giving any information required under this section on the ground that the giving of the information might tend to incriminate the person or expose the person to a punishment. (9) However, where a person claims, before giving any information that the person is required under this section to give, that the giving of the information might tend to incriminate the person —(a) that information; (b) the giving of the information; and (c) any information, document or thing obtained as a direct or indirect consequence of the giving of the information, is not admissible in evidence against the person in any criminal proceedings other than proceedings for an offence under subsection (4) or (6)(b) or section 43A. [Act 12 of 2020 wef 01/01/2022]
Providing documents false in a material particular
43A. Any person who, being required by or by virtue of this Act or any subsidiary legislation made under this Act to make or produce to the Commissioner of Building Control any plan, declaration, certificate, report, record, notice or other document, or who, for the purpose of obtaining any licence, permit, registration, waiver or approval from the Commissioner of Building Control, or for the purpose of the lodgment of any plans with the Commissioner of Building Control, under this Act or its subsidiary legislation or for the purpose of establishing any fact relevant to the administration of this Act or its subsidiary legislation —(a) makes or produces any plan, declaration, certificate, report, record, notice or other document which is false in a material particular; or (b) produces any plan, declaration, certificate, report, record, notice or other document which is false in a material particular, or has not been made by the person by whom it purports to have been made, or has been in any way altered or tampered with, 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. [22/2012] [Act 12 of 2020 wef 09/12/2022] [Act 23 of 2023 wef 18/12/2023]
Powers of arrest
44.—(1) A police officer may arrest without warrant any person who has committed, or whom the police officer reasonably suspects to have committed, an offence under this Act or any subsidiary legislation made under this Act —(a) if the person declines to give the person’s name and address; or (b) if there is reason to doubt the accuracy of the name and address, if given.[22/2012] (2) A person arrested under this section may be detained until the person’s name and address are correctly ascertained except that no person so arrested is to be detained longer than is necessary for bringing the person before a court unless the order of a court for the person’s detention is obtained.
Evidence
45.—(1) Subject to this section, the contents of any document prepared, issued or served under, by virtue of or for the purposes of this Act or any subsidiary legislation made under this Act is until the contrary is proved presumed to be correct.[22/2012] (1A) The production of any document purporting to contain any apportionment made under section 37(2) shall, without any other evidence, be received as prima facie proof of the making and validity of the apportionment mentioned therein. (2) In any proceedings under this Act or the building regulations, a certificate of analysis under section 33 purporting to be signed by an analyst is, on its production by the prosecution without proof of the signature of the analyst, sufficient evidence of the facts stated therein unless the defendant requires the analyst to be called as a witness, in which case the defendant must give notice thereof to the prosecution not less than 3 clear days before the day fixed for the hearing of the summons. (3) All records and other documents required by this Act or any subsidiary legislation made under this Act to be kept by the Commissioner of Building Control are deemed to be public documents, and copies thereof or extracts therefrom certified by the officer responsible for the custody thereof to be true copies or extracts (as the case may be) subscribed by that officer with his or her name and official title are admissible in evidence as proof of the contents of the documents or extracts.[22/2012] (4) Where any information in respect of any building or building works is provided by the Commissioner of Building Control by electronic means, the production of any document under the hand of a public officer responsible for providing such information purporting to be a hard copy transcript of all or any such information is, in all courts and in all proceedings, sufficient evidence of the information provided electronically and all courts are in all proceedings to take judicial notice of the signature of the public officer.
Jurisdiction of Courts
46. Despite the provisions of the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has power to impose the maximum penalties provided for an offence under this Act.
General penalty
47. Any person who is guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.[47/2007]
Disposal of articles, documents, etc.
47A.—(1) Any article or document detained or seized under this Act —(a) where the article or document is produced in any criminal trial, must be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010;[Act 15 of 2026 wef 01/07/2026] (b) where the owner of the article or document consents to its disposal, is deemed to be forfeited; or (c) in any other case, must be returned to the owner or reported to a Magistrate’s Court. (2) Where the report of any article or document is made to a Magistrate’s Court under subsection (1)(c), the Magistrate’s Court may order the article or document —(a) to be forfeited; or (b) to be disposed of in such manner as the Magistrate’s Court thinks fit. (3) Subject to any order to the contrary by the Magistrate’s Court, any article or document forfeited or deemed to be forfeited under this section must be delivered to the Commissioner of Building Control and may be disposed of in such manner as the Commissioner of Building Control thinks fit. (4) This section does not affect any right to retain or dispose of property which may exist in law apart from this section. (5) To avoid doubt, this section applies to an article or a document whenever produced, detained or seized under this Act, whether before, on or after the date of commencement of section 43 of the Building Control (Amendment) Act 2020.[Act 12 of 2020 wef 01/01/2022]
Composition of offences
48.—(1) The Commissioner of Building Control may compound any offence under this Act or any subsidiary legislation made under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a) one half of the amount of the maximum fine that is prescribed for the offence; (b) $5,000.[47/2007] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.[47/2007] (3) The Minister may make regulations to prescribe the offences which may be compounded.[47/2007] (4) All sums collected under this section must be paid into the Consolidated Fund.[47/2007] [Act 12 of 2020 wef 01/01/2022]
Regulations
49.—(1) The Minister may make regulations for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed. (2) Without limiting subsection (1), the Minister may make regulations for or in respect of all or any of the following matters:(a) the regulation or prohibition of the exhibition of advertising signs, skysigns, aerial signs and projected advertisement in or on any premises and the regulation of the size and construction of those signs and advertisements; (b) the submission of plans of building works, the authorisation of persons qualified to submit the same and their duties and responsibilities, and the nature or classification of plans which each person may submit; (ba) the minimum or maximum number of qualified persons required or permitted to prepare the plans of any description of building works;[Act 23 of 2023 wef 18/12/2023] (c) the manner of making applications for and granting of approval of plans of building works and permits to carry out building works; (caa) the manner of lodgment of plans of lodgment works;[Act 23 of 2023 wef 18/12/2023] (ca) the establishing of objectives and performance requirements for the design and construction of buildings; (d) the structural strength and stability of buildings or proposed buildings, including —(i) precautions against overloading; (ii) measures to safeguard adjacent buildings; (iii) underpinning; (e) the design and construction of buildings, including —(i) the preparation of sites for building works; (ii) exterior features; (iii) the design and installation of any fixed installation;[Act 12 of 2020 wef 01/01/2022] (iv) the natural lighting and ventilation of buildings; (v) the headroom of rooms, cubicles and staircases and other spaces within buildings; (vi) the suitability and use of materials and components; (vii) environmental sustainability measures that improve the total quality of life and minimises adverse effects to the environment, both now and in the future; (ea) the minimum standards of environmental sustainability for buildings or classes or types of buildings, and the method by which such standards may be assessed; (eb) the manner in which an assessment of environmental sustainability of a building or an audit of the energy efficiency of a cooling system of a building is to be carried out; (ec) the qualifications required, and the application process, to be registered as an energy auditor and the grounds on which such registration may be cancelled or suspended; (ed) the preparation and submission of reports, certifications or other documents in relation to a design score, an as‑built score, an energy efficiency improvement plan or an energy audit under Part 3B;[Act 28 of 2024 wef 30/09/2025] (f) the demolition of buildings and the safety precautions to be taken in respect thereof; (fa) the reporting of dangerous occurrences (as defined in section 25A) in premises at which building works are carried out; (g) prohibiting or regulating the occupation of buildings; (h) the control and regulation of measures for energy conservation in buildings; (i) the provision of embankments and retaining walls; (j) measures to improve efficiency and standardisation in the construction industry relating to design, processes, construction techniques, products and materials; (k) the regulation of persons authorised to carry out installation of any exterior feature, including prescribing the qualifications and training of such persons, and their duties and responsibilities in connection with installing the exterior feature;[Act 12 of 2020 wef 01/10/2025] (ka) the regulation of a façade inspector within the meaning of Part 5, including the appointment of a façade inspector and the duties of a façade inspector in connection with a façade inspection;[Act 28 of 2024 wef 30/09/2025] (l) the regulation of the carrying out of any registrable activity within the meaning of Part 5B with the aim of ensuring that such activity is carried out safely and competently, including —(i) requiring persons performing specified functions in relation to fixed installation works to be the holders of certain qualifications, and providing for the grant, issue, cancellation, suspension or variation of such licences, permits, certificates, authorisations or approvals; and (ii) applying the provisions of Parts 2 and 5 and the building regulations to fixed installation works and persons who carry out these works with such prescribed exceptions, modifications and adaptations as the differences between fixed installation works and other building works require;[Act 12 of 2020 wef 09/12/2022] [Act 15 of 2026 wef 01/07/2026] (la) the regulation of the operation and maintenance of any fixed installation, with the aim of ensuring that the fixed installation is operated safely and competently, including —(i) requiring periodic maintenance, inspection and testing of the fixed installation; and (ii) prohibiting or restricting, pending investigation, continued operation or access to or interference with any premises where any safety incident associated with a fixed installation has occurred;[Act 12 of 2020 wef 09/12/2022] (lb) the maintenance of buildings, exterior features and façades of buildings (whether or not common property or limited common property) with the aim of ensuring that the building, exterior feature or façade is safe;[Act 12 of 2020 wef 09/12/2022] (m) the control, regulation and supervision by registration, licensing, inspection or otherwise of places to which the public has access; (n) the prescribing of documents, books or records to be kept and reports or certificates to be made under this Act; (o) the time and manner of making, and the information and documents to be provided in respect of, an application for a temporary occupation permit and a certificate of statutory completion; (p) the manner in which the duties and responsibilities of accredited checkers and specialist accredited checkers are to be discharged; (q) the manner in which appeals may be made to and determined by the Minister under this Act and the information to be supplied by the Commissioner of Building Control in connection therewith; (r) the granting of permits for the erection, demolition and occupation and the control of buildings required for a limited time or constructed of short-lived materials; (s) the procedure for the sampling of building materials under section 33; (t) the prescribing of forms necessary for the administration of this Act; and (u) the prescribing of fees and charges for the purposes of this Act.[18/2003; 34/2004; 47/2007; 22/2012] (2A) Regulations made under this section may provide that —(a) any particular objective and performance requirement for the design and construction of any building is deemed to be complied with if the building is constructed with such specifications, materials, designs or methods of construction as may be specified by the Commissioner of Building Control; and (b) the Commissioner of Building Control may issue in any form that he or she thinks fit, and from time to time amend, one or more Approved Documents setting out the specifications, materials, designs or methods of construction which are, without affecting any alternative means of achieving compliance, deemed to comply with the relevant objective and performance requirement for the design and construction of buildings prescribed in those regulations.[18/2003] (2B) The building regulations may make different provisions for different types of buildings, exterior features of buildings, façades of buildings, common property and limited common property, and fixed installations.[Act 12 of 2020 wef 01/01/2022] (3) The Minister may, in making any building regulations under this section, provide that any contravention of or failure to comply with any provision thereof shall be an offence and may prescribe punishment by a fine not exceeding $20,000 or imprisonment for a term not exceeding 12 months or with both.[47/2007; 22/2012]
Adoption of codes and standards
50.—(1) Any building regulations made under section 49 may adopt wholly or partially or as amended by the regulations or by reference any code, standard, rule, specification or provision which relates to any matter with which the building regulations deal and which is —(a) recommended, issued or adopted by the Enterprise Singapore Board; (b) recommended, issued or adopted by —(i) the British Standards Institution; or (ii) any other standards organisation or body of any place outside Singapore being an organisation or body approved by the Commissioner of Building Control; or (c) included in any document issued by any Government department or issued by any public authority constituted by any written law.[18/2002; 10/2018] (2) The Commissioner of Building Control must cause a copy of every code, standard, rule, specification or provision adopted under subsection (1) (other than a code, standard, rule, specification or provision recommended, issued or adopted by the Enterprise Singapore Board) to be made available for inspection by members of the public without charge at the office of the Commissioner of Building Control during normal office hours.[18/2002; 10/2018] (3) In any proceedings under the building regulations, a copy certified by the Commissioner of Building Control as a true copy of a code, standard, rule, specification or provision adopted under subsection (1) (other than a code, standard, rule, specification or provision recommended, issued or adopted by the Enterprise Singapore Board) is evidence of the code, standard, rule, specification or provision so adopted.[18/2002; 10/2018]
Application of Act to Government
51.—(1) Except as provided in subsection (2), this Act binds the Government and applies to —(a) any premises wholly or partly owned or occupied by the Government; and (b) any premises in which any building operation or any work of engineering construction is carried on by or on behalf of the Government.[47/2007] (2) Nothing in this Act renders the Government liable to prosecution for an offence.[47/2007] (3) To avoid doubt, no person is immune from prosecution for any offence under this Act by reason that the person is engaged to provide services to the Government.[47/2007]
Presentation of order, notification and regulation to Parliament
52. Any order, notification or building regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.
Transitional provisions
53.—(1) Any licence, permission, approval or other document prepared, made or granted under the repealed Act and valid immediately prior to 1 May 1989 is deemed to have been prepared, made or granted under the corresponding provision of this Act. (2) A valid and subsisting certificate of fitness for occupation issued under regulations made under the repealed Act or a valid and subsisting temporary occupation licence has the same force and effect as a certificate of statutory completion or temporary occupation permit, respectively, granted under this Act. (3) Any temporary permit, permission or other similar document issued in respect of a temporary building under any written law relating to building control in force before 1 February 1960 is presumed, until the contrary is proved, to have lapsed or expired. (4) The powers conferred on the Commissioner of Building Control by this Act may be exercised in respect of —(a) any building erected in contravention of, or deemed to be unauthorised under, any written law relating to building control in force before 1 May 1989; and (b) any temporary building in respect of which no temporary permit, permission or other similar document issued under any such written law relating to building control or this Act is in force, and such building is deemed unauthorised for the purposes of this Act. (5) Where any written law or document refers expressly or by implication to a temporary occupation licence or to a certificate of fitness for occupation, the reference is (except where the context otherwise requires) to be construed as a reference to a temporary occupation permit or a certificate of statutory completion, respectively. (6) In this section, “temporary building” means a building which is required for a limited time or constructed of short‑lived materials.
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