A GUIDEBOOK TO THE
CHANGES IN BUILDING CONTROL
2007/2008
For reference, this is the version as of 31 Mar 2009
Copyright @ 2009 Building and Construction Authority, Singapore. All rights reserved. This document or any part of it may not be reproduced for any reason whatsoever or in any form or means whatsoever and howsoever without the prior written consent and approval of the Building and Construction Authority, Singapore. While every effort has been made to ensure the accuracy of the information in this publication, the Building and Construction Authority, its employees and its agents shall not be responsible for any mistake or inaccuracy found in this Guidebook and expressly disclaim all such liability and responsibility.
This Guidebook is not an exhaustive attempt to explain every detail and provision in the Building Control Act and its Regulations. Where appropriate and necessary, users are advised to seek and obtain independent legal or professional advice on interpreting the provisions in the Building Control Act and its Regulations.
CONTENTS
CHAPTER TOPIC Page
What this book is about 01
Read This First 03
1 Appointments 11
2 Supervision of Building Works 27
3 Duties of Project Parties 37
4 On Accredited Checkers 49
5 Underground Building Works 57
6 Licensing of Builders 81
Glossary 103
WHAT THIS BOOK IS ABOUT
The Building Control (Amendment) Act 2007 introduced new provisions to the building control system in Singapore and updated some existing ones. Some of the new provisions, like builder’s licensing, brought in fundamental changes to the existing system while others, such as supervision teams for structural works, strengthened the existing requirements. Subsequently, in 2008, the Building Control Regulations and the
Building Control (Accredited Checkers and Accredited
Checking Organisations) Regulations have been amended and the Building Control (Builders’ Licensing) Regulations were introduced. All these changes are to enhance building safety and to raise professionalism in the construction industry. As the changes are wide-ranging, there will be impact on the way things are to be done and rules that are to be followed.
Why this Guidebook?
The main purpose of this Guidebook is, first of all, to provide a comprehensive and easy reference to anyone interested in finding out about the changes in the Building Control Act and its Regulations.
Secondly, the Building Control Act prescribes provisions in a broad manner. Similar to any other Act, this is necessary to make the fundamental purpose of each provision clear without it being cluttered with details. The details of implementation are always provided in regulations, of which there are several under the Building Control Act. This Guidebook makes it easy for the reader to have a grasp of any particular provision of the Act by bringing together the related details found in the regulations under the same section of discussion.
Thirdly, the Act and the regulations cannot cover and prescribe implementation solutions to every conceivable situation in real life. There could be situations where some explanation is required. With useful feedback received from the industry during
the consultation exercise, explanation to some of such situations have been included in this Guidebook so that everyone is clear about the requirements under those situations.
While every effort is made to ensure the accuracy of information presented in this Guidebook, neither BCA nor its employees can accept responsibility for any loss or damage incurred in connection with the use of the contents. This Guidebook is not an exhaustive attempt to explain every detail and provision in the Building Control Act and its Regulations. Where appropriate and necessary, users are advised to seek and obtain independent legal or professional advice on interpreting the provisions in the Building Control Act and its Regulations. Nothing in this Guidebook shall be taken as being legally binding and none of the terms and explanations shall be deemed to be an interpretation of the provisions of the Act and its regulations. How this Guidebook is organised
The Guidebook summarizes the main changes under six chapters. Each of the chapters deals with an important topic under the building control system where there are significant changes. The provisions related to each topic are collated within the respective chapter. Where useful, the Guidebook has included elaboration or interpretation to some of the provisions under each chapter. To give a more complete picture, related details from the building regulations are discussed under the same section where each provision is found. A glossary is provided at the back of the Guidebook. The glossary explains in greater detail the meaning of new definitions that have been introduced into the Building Control Act and its Regulations. Before you read any chapter of the Guidebook, please first read the next section. It explains some of the terms and abbreviations used to simplify the writing and reading of this Guidebook.
READ THIS FIRST
Industry stakeholders commonly use certain terms and abbreviations to refer to some parties, matters or things associated with the construction industry, and for a good reason. Since the Act and its Regulations have to be precise in describing these parties, matters or things, some of the expressions used in the Act and its Regulations could be unwieldy. Take for example the expression “the qualified person appointed under section 8 or 11 to supervise the building works”, which is used in many parts of the Act and its Regulations. The industry calls this person the “supervision QP”. To make this Guidebook easier to write and to read, some of these simpler terms and expressions are used. But just to be sure that these terms and expressions mean the same thing to everyone, this section of the Guidebook lists the terms and expressions used and their meanings. The reader should not ascribe any other meaning to these terms and expressions.
MEANINGS OF TERMS AND EXPRESSIONS USED IN THIS GUIDEBOOK AC
This means “accredited checker”, and refers to an accredited checker who is registered to check the structural works of a project.
AC(Geo) or Specialist AC
There is another class of AC called “specialist accredited checker” or AC(Geo). An AC(Geo) is registered to check the geotechnical aspects of underground building works. His registration is distinct from that of an AC and he cannot perform the duties of the AC, unless he is also registered as an AC.
Act
Unless specified, the use of the term “Act” by itself in this Guidebook refers to the Building Control Act.
Building Plans
This refers to the plans that relate to the architectural elements of the building works. They are also called the architectural plans. Building Regulations
There are several sets of Regulations associated with the Building Control Act. Where the term “building regulations” is used in this Guidebook, it refers to any or all of the sets of Building Control Regulations made under the Building Control Act.
CBC
CBC means the Commissioner of Building Control. Design QP
This term refers to the qualified person appointed to prepare the plans of the particular building works being discussed.
Design QP(Arch)
This term refers to the qualified person appointed to prepare the architectural plans of the building works.
Design QP(Geo)
This term refers to the qualified person appointed to prepare the plans of the geotechnical aspects of underground building works.
Design QP(Struct)
This term refers to the qualified person appointed to prepare the structural plans of the building works.
Developer
This is a new term in the amended Act. It means the person for whom or on whose behalf the building works are carried out. Readers should note that when used in this Guidebook, the term means more than a commercial or housing developer as defined in the Housing Developers (Control and Licensing) Act (Cap. 130).
In this Guidebook, a developer includes any person who builds any house, building or structure (or part of it), or engages others to build it for him. It does not matter why he is building it, whether for his own use or for any other purposes. So, a home owner who gets a contractor to build his new house or to do additions or alterations to his existing house is a developer.
To illustrate further: A contractor who decides to execute building works to build his own house is both developer and builder in that particular project. Under a “design-and-build” project, the owner (i.e. the one who commissions the project) is the developer. This is so even if the person chooses to let the builder take over every aspect of the project right up to the point of completion.
General Building Works
This term is used in the Act only for the purposes of builder’s licensing. General building works must be carried out only by a licensed general builder.
Geotechnical engineer or PE(Geo)
Geotechnical engineer means a specialist professional engineer who is registered in the branch of geotechnical engineering under the Professional Engineers Act (Cap. 253) and has in force a practising certificate under that Act to practise in the specialised branch of geotechnical engineering. Another term commonly used for the geotechnical engineer by the industry is PE(Geo).
Geotechnical Report
This term refers to any calculations, plans or report, prepared in respect of underground building works by a qualified person who is a geotechnical engineer, showing —
a) the results of the findings, evaluation and interpretation of the site investigation and laboratory tests;
b) assessment of and recommendations on the geotechnical aspects for the design and construction of the underground building works; and
c) plans showing those elements of building works designed by the person who is a geotechnical engineer.
Major building works
The Act uses this term to refer to those works that require an AC to check the structural plans and design calculations.
Minor building works
The Act uses this term to refer to those works that do not require an AC to check the structural plans and design calculations. Minor building works are given in the Fourth Schedule of the Building Control Regulations (see Schedule B in this Guidebook).
PE
This means “professional engineer”. The relevant professional engineer applicable to this Act is registered either in (i) the branch of civil or structural engineering, or (ii) the specialised branch of geotechnical engineering. For the former, the PE is commonly called the PE(Civil) while the latter is referred to as the PE(Geo).
Plans of building works
The Act requires different sets of plans to be submitted for approval. In most cases, there would be the architectural plans and the structural plans. All the different types of plans are referred to as the “plans of building works”. The term “plans” under the Act also refers to drawings, details, diagrams, structural details and calculations showing or relating to the building works and if prepared in electronic form, includes the medium in which the plans of building works have been stored.
QP, QP(Arch), QP(Geo), QP(Struct)
QP means “qualified person”. A QP would either be an architect or a PE who is registered with the Board of Architects or the Professional Engineers Board respectively. All QPs must have in force a practising certificate from the respective Board. There are professional duties under the Act and Regulations that must be performed by QPs. In most building projects, there would be a number of qualified persons, namely:
QP(Arch) – who is a registered architect appointed to undertake the architectural works.
QP(Geo) – who is a geotechnical engineer appointed to undertake the geotechnical aspects of building works.
QP(Struct) – who is a professional engineer or PE appointed to undertake the structural works.
In some projects, a PE is appointed to prepare the plans of and supervise specific structural works, for example those associated with the fixtures to support the building’s cladding system. This PE may be appointed in addition to the QP(Struct), who has been appointed for the main structural system of the building. The PE is then the QP(Struct) for those works associated with the fixtures for the cladding system.
Also, for the same aspects of the building works, there could be two QPs appointed – one to prepare the plans relating to those
aspects of the building works and another to supervise the carrying out of the same aspects of the building works. To differentiate between these two QPs, the terms “Design” and “Supervision” are prefixed to them, for example, Design QP(Struct) and Supervision QP(Struct).
In short, anyone who is appointed to perform the mandatory professional duties related any part of the whole building works is the QP for that part of the works.
QSS
When used in any part of this Guidebook, QSS means the “qualified site supervisor” who is required to be appointed under Section 10 of the Building Control Act by the QP to supervise the structural or geotechnical aspects of the building works. There are 2 categories of QSS, namely resident engineer and resident technical officer.
RE
This means “resident engineer”. RTO
This means “resident technical officer”. This is a new term to replace what we used to call “clerk-of-works”.
Specialist Building Works
This term is used in the Act only for the purposes of builder’s licensing. Specialist building works can only be carried out by licensed specialist builders and the term means the following types of building works:
a) piling works comprising installation and testing of pre-cast reinforced concrete or pre-stressed concrete piles, steel piles, bored cast-in-place reinforced concrete piles, caissons and special pile types like micro-piles, barrettes piles and composite piles, embedded retaining wall piles like diaphragm walls, contiguous bored piles or secant piles;
b) ground support and stabilization works, including installation and testing of ground anchors, soil nails, rock bolts, ground treatment like chemical grouting and jet-grouting, reinforced-earth, shotcreting and tunnel supports;
c) site investigation work comprising field investigations, exploratory drilling or boring, logging, sampling, coring, in-situ plate-loading tests, pressure meter tests, penetration tests, vane shear tests, probing tests, permeability tests, geological mapping and geophysical surveys, and installation and monitoring of instruments measuring forces, deformation, displacements, pore and earth pressures, and ground-water levels;
d) structural steelwork comprising (i) fabrication of structural elements;
(ii) erection work like site cutting, site welding and site bolting; and
(iii) installation of steel supports for underground building works;
e) pre-cast concrete work comprising fabrication of pre-cast structural elements; and
f) in-situ post-tensioning work comprising setting out of tendon profiles, laying of conduits, anchorages and bursting reinforcement, pulling or stressing of cables, pressure grouting of conduits.
Structural Plans
This refers to the plans that relates to the structural elements of the building works. It includes the piling plans, the substructure plans, the superstructure plans and all other plans showing details of structural works.
Supervision QP
This term refers to the qualified person appointed to supervise the particular building works being discussed.
Supervision QP(Arch)
This term refers to the qualified person appointed to supervise the architectural works.
Supervision QP(Geo)
This term refers to the qualified person appointed to supervise the geotechnical aspects of underground building works.
Supervision QP(Struct)
This term refers to the qualified person appointed to supervise the structural works.
Underground Building Works
The term ‘underground building works’ has been defined in the Act and building regulations as any of the following building works:
a) any excavation or other building works to make —
i. a tunnel with a diameter, width or height of more than 2 metres;
ii. a caisson, cofferdam, trench, ditch, shaft or well with a depth of more than 6 metres;
b) any building works for constructing, altering or repairing any earth retaining structure in or for a trench, ditch, shaft or well with a depth or height of more than 6 metres; or c) foundation works for buildings of 30 or more storeys high. See Chapter 5 for details on the requirements on underground building works.
CHAPTER 1
APPOINTMENTS
1.1 The Act requires various persons to be appointed when any building works are to be carried out. These persons are appointed to perform, and be responsible for, their respective duties prescribed in the Building Control Act and its Regulations. This chapter explains who is to be appointed for different types of building works, who can make such appointments and what are the special requirements related to some of the appointments.
DEVELOPER
1.2 Every building project begins with a developer. Under the Act, the developer is any person for whom building works are to be carried out. This would include the commercial developer who builds a condominium for sales after completion. It also includes a government agency that builds a public building; say, a sports complex or a public bridge. A home owner who intends to build his own private bungalow is also a developer.
1.3 To start the process of building, a developer is required to appoint people who are qualified to perform specific duties under the Act. Normally, he would first appoint the respective QPs to prepare the plans for approval. In design-and-build projects, he may first appoint a builder, who would in turn appoint the respective QPs to prepare the plans for approval. In design-and-build projects, the builder is not the developer of the project. The person who appoints the builder remains as the developer under the Act, regardless of his involvement or the type of procurement that he chooses.
1.4 The developer is the only one who can appoint an accredited checker, and a specialist accredited checker if one is needed.
QUALIFIED PERSONS
1.5 Qualified Persons or QPs are required to prepare the plans of building works and to supervise the construction of those works. There are three types of QPs –
a) the QP for architectural works – or QP(Arch) for short – to prepare building plans for approval and to supervise the architectural works during construction. The QP(Arch) is usually an architect registered under the Architects Act (Cap. 12) and has in force a practising certificate under that Act. For building works listed in Part II of the Third Schedule in the Building Control Regulations (see Schedule C in this Guidebook), the QP(Arch) who prepares the building plans can be an architect or a PE; b) the QP for structural works – or QP(Struct) for short – to
prepare structural plansfor approval and to supervise the structural works during construction. The QP(Struct) is a PE registered in the branch of civil or structural engineering under the Professional Engineers Act (Cap. 253) and has in force a practising certificate under that Act; and
c) the QP for geotechnical aspects – or QP(Geo) for short – to prepare the underground building works plans relating to the geotechnical aspects for approval and to supervise the geotechnical aspects of the works during construction. The QP(Geo) is a specialist PE registered in the branch of geotechnical engineering under the Professional Engineers Act (Cap. 253) and has in force a practising certificate under that Act. While the QP(Geo) is needed only when there are underground building works, a developer or builder should consider appointing a QP(Geo) for geotechnical aspects of any works if the site has difficult ground conditions.
Scope of Professional Practice
BCR R6 Third Schedule
1.6 The QPs to be appointed depends on the type of project. The scope of professional practice is prescribed in the Third Schedule of the Building Control Regulations (see Schedule C in this Guidebook).
1.7 For building works that are named in Part I of the Third Schedule, only a PE can act as a QP to prepare and sign for all the plans (both the building and structural plans). Generally these building works have very little architectural content and the PE can prepare and sign for such content.
1.8 For building works that are named in Part II of the Third Schedule, either an architect or a PE, or both, can be appointed as the QP to prepare and sign for the building plans. However, the structural plans of these projects have to be prepared and signed by a PE.
1.9 For all other building works not named in Part I or Part II, an architect has to be appointed to act as the QP to prepare and sign for the building (architectural) plans and to supervise the architectural works, whereas the QP appointed for structural works has to be a PE.
QP(Arch) – Qualified Person for Architectural Works
Act S8 S11
1.10 A QP(Arch) has to be appointed by either the developer, or the builder to –
a) prepare the plans of the architectural works, or building plans; in this case he will be the Design QP(Arch).
b) supervise the carrying out of those architectural works; in this case he will be the SupervisionQP(Arch).
1.11 The developer or builder may appoint either the same person or different persons to be the Design QP(Arch) and Supervision QP(Arch).
QP(Struct) – Qualified Person for Structural Works
Act S8 S11
1.12 A QP(Struct) has to be appointed by either the developer, or the builder in the case of a design-and-build project, to –
a) prepare the plans of the structural works; in this case he will be the Design QP(Struct).
b) supervise the carrying out of those structural works; in this case he will be the Supervision QP(Struct).
1.13 The developer or builder may appoint either the same person or different persons to be the Design QP(Struct) and Supervision QP(Struct). However, the appointments have to comply with mandatory requirements on independence – see the section on Independence of Project Parties later in this chapter.
1.14 All structural works are classified as either large building works or small-scale building works. Generally, large building works are those that require the Supervision QP(Struct) to appoint a minimum number of qualified site supervisors to help him in his supervision duties. This team of qualified site supervisors has to be stationed full-time at the site. On the other hand, small-scale building works only require the critical structural works to be carried out under the immediate supervision of either the Supervision QP (Struct) or a qualified site supervisor (who need not have to bestationed full-time at the site), working under the Supervision QP (Struct)’s control and direction.
1.15 For details, see the section on Qualified Site Supervisors later in this chapter.
Qualified Person for Geotechnical Aspects
Act S8 S11
1.16 Where the building works comprise wholly or partly of any underground building works, qualified persons for the geotechnical aspects have to be appointed by either the developer, or the builder in the case of a design-and-build project, to –
a) prepare the plans relating to the geotechnical aspects of those underground building works; in this case he will be the Design QP(Geo).
b) supervise the geotechnical aspects of those underground building works; in this case he will be the Supervision QP(Geo).
1.17 The QP for the geotechnical aspects has to be a geotechnical engineer or QP(Geo). The developer or builder may appoint either the same person or different persons to be the Design QP(Geo) and Supervision QP(Geo). However, the appointments have to comply with mandatory requirements on independence – see the section on Independence of Project Parties later in this chapter.
1.18 For underground building works, the Supervision QP(Geo) has to appoint a minimum number of qualified site supervisors to help him in his supervision duties. For details, see the section on Qualified Site Supervisors later in this chapter.
General Notes on Appointment of Qualified Site Supervisors 1.19 The requirement on appointment of qualified site supervisors is prescribed under the Building Control Regulations, details of which are at the section on Qualified Site Supervisors later in this chapter.
1.20 The appointment of qualified site supervisors is done by the Supervision QP (Struct) for the main building works. However, in some projects, there may be other qualified persons appointed for specific parts of the building works, such as for the geotechnical works, cladding works and specialised space frames. These works will still need to be carried out under the supervision of qualified site supervisors. However, the CBC will not require additional qualified site supervisors to be appointed if the supervision of these works is to be carried out by the supervision team already appointed by the QP(Struct) for the main structural works. However, the CBC will also allow arrangement for these specific works to be supervised by other additional qualified site supervisors appointed by the respective qualified persons. Where appropriate, these works may be carried out under full-time or part-time supervision by these other additional qualified site supervisors, depending on the nature of the work as determined by the qualified person who appointed them.
ACCREDITED CHECKERS
Accredited Checker
Act S8
1.21 For major building works, the developer has to appoint an AC. The duty of the AC is to check the detailed structural plans and design calculations of the building works in accordance with the building regulations and to carry out such other duties as may be prescribed by those regulations (see Chapter 4 for more details). The appointment of an AC has to comply with mandatory requirements on independence – see the section on Independence of Project Parties later in this chapter.
Act S8 S13(3)
1.22 The AC to be appointed is determined by the value of the building works as follows:
a) If the value of the building works exceeds $15 million, the AC has to be a director, partner, member or an employee of an accredited checking organisation.
b) If the value of the building works does not exceed $15 million, any AC could be appointed, that is, the AC may or may not be affiliated with an accredited checking organisation.
Specialist Accredited Checker
Act S8
1.23 For major building works that comprise wholly or partly of any underground building works, the developer has to appoint a specialist accredited checker or AC(Geo) for the geotechnical aspects of those building works.
1.24 Currently, the specialist AC appointed does not have to be affiliated with any accredited checking organisation, regardless of the value of the building works.
1.25 The specialist AC has to check the geotechnical aspects of underground building works in accordance with the building regulations and carry out such other duties as may be prescribed by those regulations (see Chapter 4 for more details).
1.26 The appointment of any specialist AC has to comply with mandatory requirements on independence – see the section on Independence of Project Parties later in this chapter.
QUALIFIED SITE SUPERVISORS
Act S10
1.27 Qualified site supervisors or QSS have to be appointed by the qualified person appointed to supervise the structural or geotechnical aspects of the building works unless the Supervision QP(Struct) or Supervision QP(Geo) personally supervises the works for which he is responsible for (in the case of small-scale building works). This appointment is made by:
a) the QP appointed to supervise the carrying out of structural works, and
b) where there are underground building works, the QP appointed to supervise the geotechnical aspects of those underground building works.
BCR R24 Fifth Schedule
1.28 Each QSS works under the charge and direction of the QP who appoints him. The minimum number of qualified site supervisors to be appointed by each QP and the type of supervision to be provided depends on the value of the building works, as follows:
a) Small-scale building works are those works where the value does not exceed $7.5 million. For this type of works, the QP has to appoint at least one QSS for immediate supervision of works related to the critical structural elements, unless he personally supervises all the critical structural works in the project.
b) Large building works have a value that exceeds $7.5 million. For this type of works, the QP has to appoint a team of qualified site supervisors comprising not less than a minimum prescribed number of persons. This minimum number varies with the value of the building works.
General Notes on “Value of Building Works”
1.29 The requirements for QSS are determined by the value of building works. When determining the value of building works, it is not confined to structural works alone. The term “value” is defined as:
a) for any underground building works, the total cost to be expended in carrying out those building works estimated at the time of, and contained in, the application under section 5 for approval of the plans of those building works, including any goods and services tax payable in relation to the supply of the work; or
b) for any other building works, the total cost to be expended in carrying out the building works (including the foundations, basements, structural frame, finishes and the installation of building services) estimated at the time of, and contained in, the application under section 5 for approval of the plans of the building works, including any
goods and services tax payable in relation to the supply of the work.
Equipment and Machinery
1.30 In some industrial projects, the contractual costs may include the costs of various equipment or machinery to be installed for the operational purpose of the building. While these equipment or machinery are part and parcel of the building contract, they are not relevant in so far as the design and construction processes of the building are concerned. In computing the value of building works, the cost of such equipment or machinery need not be included.
Act S10(3)
1.31 There are two classes of QSS – the RE and the RTO. More details on requirements for QSS can be found in Chapter 2. To qualify as a QSS under either of the two classes, a person must:
a) have the qualifications and practical experience prescribed for his respective class;
b) remain accredited with the Joint Accreditation Committee of the Institution of Engineers Singapore (IES) and the Association of Consulting Engineers Singapore (ACES) from 15 February 2009 onwards, and
c) comply with mandatory independence requirements – see the section on Independence of Project Parties later in this chapter.
BUILDERS
Act S8 S11
1.32 The developer has to appoint a main builder to carry out the building works. In some building works, the developer may appoint more than one main builder in a project. As an example, different builders may be appointed for each building in a project where there is more than one building.
1.33 Except for sub-contractors carrying out specialist building works, other sub-contractors who work under the control and direction of the main builder do not need to be licensed as their engagement by the main builder is not a requirement under the Act. In so far as the Act and its Regulations are concerned, the main builder is responsible for works that are done by his sub-contractors.
1.34 The builder’s main duty is to carry out the building works in accordance with the Act and its Regulations, and the relevant plans approved by the CBC, that are supplied to him by the qualified persons. The builder’s other duties are explained in detail in Chapter 3: Duties of Project Parties.
Specialist Builders
Act S11(2) S8
1.35 Specialist builders have to be appointed to carry out specialist building works. There is no restriction on who may appoint a specialist builder. However, the appointed specialist builder for monitoring instruments that measure ground properties and movements has to comply with mandatory independence requirements (see the section on Independence of Project Parties later in this chapter).
1.36 The specialist builder’s main duty is to carry out the relevant specialist building works in accordance with the Act and its Regulations, and the relevant plans approved by the CBC. The specialist builder’s other duties are explained in detail in Chapter 3: Duties of Project Parties.
Licensing
Act Part VA
1.37 All builders and specialist builders have to be licensed under Part VA of the Act (see Chapter 6: Licensing of Builders).
EXCAVATION WORKS
1.38 Works that involve ground excavations require special care in structural and geotechnical design and supervision. This is because they have great impact on the safety of surrounding properties. As the complexity of such works increases with the depth of excavation, the requirements on appointments vary with the depth (except for appointments for architectural works). The following table (next page) summarizes the requirements.
TABLE 1.1
TABLE ON APPOINTMENTS OF QPs AND ACs FOR BUILDING WORKS INVOLVING GROUND EXCAVATION
Appointments Required All permanent or
temporary building
works that involve Qualified Person Accredited Checker
Excavation not more
than 1.5 m** deep Plan approval is not required
Excavation more than 1.5 m** deep but not exceeding 4 m deep
No accredited checker required Excavation more than
4 m deep but not exceeding 6 m deep
Any professional engineer can act as the qualified person for
structural works An accredited checker to check structural works Excavation more than
6 m deep and all underground building works
Any professional engineer can act as qualified person for structural works (and if he is not a
geotechnical engineer, then a geotechnical engineer is needed for the geotechnical aspects) An accredited checker to check structural works (and a specialist accredited checker is needed for the geotechnical aspects)
** If the structure that retains earth (either as a retaining wall or for excavation) is not constructed of reinforced concrete or steel, then the applicable depth is 1 m instead of 1.5 m.
1.39 The appointments shown in the preceding table apply to both the QP to prepare the structural plans and the QP to supervise the works in those plans. The requirements are relevant for all building works with excavations, regardless of whether the structure to be constructed is for permanent use (such as foundations and basements) or only for temporary use (such as the temporary earth-retaining structures for holding back the faces of an excavation during the construction of an underground structure).
INDEPENDENCE OF PROJECT PARTIES
1.40 The Act restricts certain relationships and associations between some project parties. These provisions are necessary to protect the public interest by keeping critical functions free from potential conflicting interest situations. This section summarizes the independence required of project parties under the Act. Independence of Qualified Persons
Act S9(7)
1.41 A qualified person who is appointed to supervise the carrying out of any building works, or the geotechnical aspects of any underground building works, shall not supervise –
a) any works relating to the structural elements of any major building works; or
b) the geotechnical aspects of the underground building works,
if he, or any nominee of his, is a partner, an officer or an employee of
i. the developer of those building works; ii. the builder of those building works; or
iii. an associate of the developer or builder referred to in paragraph (i) or (ii).
1.42 Where minor building works are concerned, the Commissioner of Building Control encourages project parties to adopt a similar arrangement as a means to avoid potential conflicting interest situations.
Developer/Supervision QP Relationship
1.43 Can a PE supervise the construction of his own house since he is also the developer of the project? The construction of any detached house, semi-detached house, terraced or linked house not exceeding 3 storeys for residential purposes is not classified as major building works. For these works, a PE can therefore act as the Supervision QP for the structural works even if he is also the developer.
Independence of Qualified Site Supervisors
Act S10(4)
1.44 No qualified site supervisor or QSS shall supervise any structural works of any major building works if he, or any nominee of his, is a partner, an officer or an employee of –
(a) the developer or builder of those building works; or
(b) any associate of the developer or builder of those building works.
General Notes on Independence of QSS
1.45 While the QSS has to be appointed by the Supervision QP (Struct), there may be cases where the developer or builder may choose to help the QP in the procurement of the QSS. This may be done in the form of a procurement contract between the developer or builder and the QSS.
1.46 Where such procurement takes place, the contract must be clear that the QSS is procured to fulfil his statutory requirements under the Act and that he works under the direction and control of the QP. The QSS cannot be made to work for the developer or the builder, otherwise it will be taken that the QSS is an employee of the developer or builder respectively.
Independence of Accredited Checkers
Act S18(4)
1.47 An accredited checker shall not issue any certificate for any building works if he has any professional or financial interest in those building works.
1.48 In the case where the accredited checker is acting on behalf of an accredited checking organisation, he shall not issue any certificate for any building works if any of the directors or partners of the accredited checking organisation or the organisation itself has a professional or financial interest in those building works.
Independence of Specialist Accredited Checkers
Act S18(5)
1.49 Similarly, a specialist accredited checker shall not issue any certificate for any underground building works if he has any
professional or financial interest in those underground building works.
Meaning of ‘professional or financial interest’
Act S18(6)
1.50 The Act explains what is meant by “professional or financial interest”. An AC or a specialist AC shall be regarded as having a professional or financial interest in any building works if –
(a) he is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which –
i. do not affect any key structural element, or
ii. affect any structural element but the effects are localized in nature and do not require any strengthening of any key structural element;
(b) he or any nominee of his is a member or an officer or employee of a company or other body which has a professional or financial interest in the building works, or (c) he is a partner or is in the employment of a person who has
a professional or financial interest in the building works.
Act S18(7)
1.51 Similarly, an accredited checking organisation shall be regarded as having a professional or financial interest in any building works if –
(a) any of its directors, partners, members or employees is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which –
i. do not affect any key structural element, or
ii. affect any structural element but the effects are localized in nature and do not require any strengthening of any key structural element;
(b) any nominee of the organisation is a member or an officer or employee of a company or other body which has a professional or financial interest in the building works, or
(c) the organisation or any of its directors or partners is a partner or is in the employment of a person who has a professional or financial interest in the building works.
Clarifications on ‘professional and financial interest’
Act S18(8) S18(9)
1.52 The Act clarifies the meaning of ‘professional and financial interest’ further with the following clauses:
(a) A person shall be treated as having a professional or financial interest in the building works even if he has that interest only as trustee for the benefit of some other person.
(b) In the case of married people living together, the interest of one spouse shall, if known to the other, be deemed to be also an interest of the other.
(c) Involvement in the building works as an accredited checker or a specialist accredited checker and entitlement to any fee paid for his function as an accredited checker or a specialist accredited checker shall not be regarded as constituting a professional or financial interest.
General Notes on Independence of AC
1.53 Would an AC or specialist AC be regarded as having a professional or financial interest in the building works of a project if he is from a multi-disciplinary consultant firm which has been appointed for the architectural or M&E works for the same project? Since an AC or specialist AC shall be regarded as having a professional or financial interest in any building works if he is a member or an officer or employee of a company or other body which has a professional or financial interest in the building works in any capacity (except for certain alterations works), it follows that the answer to the question above is yes.
Independence of Specialist Builders Act S11(3)
1.54 The Act prescribes independence requirements on one category of specialist builders, i.e. the specialist builder monitoring instruments that measure ground properties and movements, as follows:
Any specialist builder who is appointed in respect of any building works shall not:
(a) carry out any work that monitors instruments measuring pore pressures for saturated and unsaturated levels, ground-water levels, ground movements or building movements; and
(b) measure forces, deformations or displacements in connection with those building works.
if he, or any nominee of his, is a partner, an officer or an employee of –
i. the developer or builder of those building works; or
ii. any associate of the developer or builder of those building works.
Associate Act S2(4)
1.55 In the Act, the word ‘associate’ is used in several of the provisions on independence of project parties. A reference to a person being an associate of a developer or builder is a reference to any of the following persons:
a) any partner of the developer or builder.
b) any body corporate in which the developer or builder is a substantial shareholder as defined in section 81 of the Companies Act (Cap. 50).
c) if the developer or builder is a body corporate –
i. a person who is a substantial shareholder of that body corporate as defined in section 81 of the Companies Act, or
ii. a director, secretary or similar executive officer of the body corporate.
d) any body corporate of which the developer or builder is a director, secretary or similar executive officer.
e) where the developer or builder is a trustee – a beneficiary or an object of the discretionary trust.
1.56 A relevant extract from the Companies Act is reproduced below for reference:
EXTRACT FROM THE COMPANIES ACT (CAP 50)
Section 81 of the Companies Act (Chapter 50)
81. (1) For the purposes of this Division, a person has a substantial shareholding in a company if —
a) he has an interest or interests in one or more voting shares in the company; and
b) the total votes attached to that share, or those shares, is not less than 5% of the total votes attached to all the voting shares in the company.
(2) For the purposes of this Division, a person has a substantial shareholding in a company, being a company the share capital of which is divided into 2 or more classes of shares, if —
(a) he has an interest or interests in one or more voting shares included in one of those classes; and
(b) the total votes attached to that share, or those shares, is not less than 5% of the total votes attached to all the voting shares included in that class.
(3) For the purposes of this Division, a person who has a substantial shareholding in a company is a substantial shareholder in that company.
(4) In this section and section 83, “voting shares” exclude treasury shares.
CHAPTER 2
SUPERVISION OF BUILDING
WORKS
Act S7
2.1 The provisions in the Act stress the importance of building works being carried out under the supervision of appropriately trained persons. Generally, it is an offence to carry out any building works unless the works are done under the supervision of an architect or a professional engineer. For the structural elements of building works, there are additional requirements for qualified site supervisors (QSS). This chapter summarizes the various requirements for supervision of building works.
Architectural Works
Act S7(1)(a)
2.2 All architectural works must be carried out under the supervision of the qualified person appointed to supervise the architectural works. He has to sign all the required certificates and will be responsible for ensuring that all the works under his charge are done in accordance with the requirements of the Act and the Regulations.
2.3 Please note that there is no mandatory requirement for the Supervision QP(Arch) to employ supervisors to help him in his supervision duties. Supervisors employed to help the Supervision QP(Arch) are not the same as the qualified site supervisors or QSS required to be appointed mandatorily by the Supervision QP(Struct) or the Supervision QP(Geo). The QSS is required to carry out his duties in supervision of structural works or geotechnical aspects of underground building works under the direction and control of the Supervision QP(Struct) or Supervision QP(Geo) respectively.
Structural Works
Act S7(1)(a) S7(2)(a)
2.4 All structural works must be carried out under the supervision of the qualified person appointed to supervise the structural works, i.e. the Supervision QP(Struct). Where there are underground building works, the geotechnical aspects must be carried out under the supervision of the qualified person appointed to supervise the geotechnical aspects of those underground building works, i.e. the Supervision QP(Geo).
2.5 In each case, the Supervision QP has to sign all the required certificates and will be responsible for ensuring that all the works under his charge are done in accordance with the requirements of the Act and the Regulations. The Supervision QP is required to put in place a system that ensures compliance with the requirements.
Qualified Site Supervisors for Structural Works
Act S7(1)(b) S7(2)(b)
2.6 Other than the qualified person, the Act also requires structural works and their geotechnical aspects to be carried out under the supervision of a qualified site supervisor (QSS). There are two classes of qualified site supervisors, namely:
a) Resident Engineer (RE)
b) Resident Technical Officer (RTO) Resident Engineer
BCR Reg24(4)
2.7 A Supervision QP can appoint a person as an RE for the purposes of section 10 (1) or (2) of the Act if that person meets any one of the following requirements —
a) is a professional engineer in the civil or structural engineering discipline registered under the Professional Engineers Act (Cap. 253);
b) possesses a university degree or any other professional qualification recognised by the Professional Engineers Board for registration as a professional engineer under the Professional Engineers Act in the civil or structural engineering discipline;
degree in Civil Engineering or Structural Engineering from any university recognised by the Professional Engineers Board for registration as a professional engineer under the Professional Engineers Act;
d) is a Chartered Engineer registered by the Engineering Council United Kingdom in the Civil Engineering or Structural Engineering discipline;
e) possesses a university degree in Civil Engineering or Structural Engineering from any university that is specified by the Commissioner of Building Control in the list that is i. obtainable from his office at the Building and
Construction Authority, 5 Maxwell Road, #02-00 Tower Block MND Complex, Singapore 069110; and
ii. available in the Internet website of the Building and Construction Authority at http://www.bca.gov.sg, and has at least one year of relevant postgraduate practical experience in design or construction of structural works as may be acceptable to the Commissioner of Building Control; or
f) possesses such other qualification and period of practical experience as the Commissioner of Building Control may determine, being a qualification and practical experience that is substantially equivalent to any qualification and practical experience referred to in sub-paragraphs (a) to (e).
Resident Technical Officer
BCR Reg24(4)
2.8 The RTO is previously called the “clerk-of-works”. A Supervision QP can appoint a person as an RTO for the purposes of section 10(1) or (2) of the Act if that person meets any one of the following requirements —
a) possesses a degree from any local university or a diploma from any local polytechnic in Civil Engineering or Structural Engineering;
b) possesses a diploma in any construction-related field from any local polytechnic and has at least one year of such relevant practical experience in full-time supervision of structural works in construction sites in Singapore as may be acceptable to the Commissioner of Building Control;
c) possesses a diploma or higher certificate from any foreign polytechnic in Civil Engineering or Structural Engineering and has at least one year of such relevant practical experience in full-time supervision of structural works in construction sites as may be acceptable to the Commissioner of Building Control;
d) possesses a diploma in any construction-related field from any foreign polytechnic and has at least 4 years of such relevant practical experience in full-time supervision of structural works in construction sites in Singapore as may be acceptable to the Commissioner of Building Control; e) possesses a degree from any foreign university in Civil
Engineering or Structural Engineering and has at least one year of such relevant practical experience in full-time supervision of structural works in construction sites as may be acceptable to the Commissioner of Building Control; f) possesses a degree related to Civil Engineering or
Structural Engineering from any foreign university and has at least one year of such relevant practical experience in full-time supervision of structural works in construction sites in Singapore as may be acceptable to the Commissioner of Building Control; or
g) possesses such other qualification and period of postgraduate practical experience in full-time supervision of structural works in construction sites as the Commissioner of Building Control may determine, being a qualification and practical experience that is substantially equivalent to any qualification and practical experience referred to in sub-paragraphs (a) to (f).
Accreditation of Qualified Site Supervisors
BCR R24(3)
2.9 All QSS are required to be accredited by the Joint Accreditation Committee of the Institution of Engineers Singapore (IES) and the Association of Consulting Engineers Singapore (ACES) from 15 February 2009 onwards.
Requirements for Appointment of Qualified Site Supervisors
2.10 The Supervision QP(Struct) who is supervising the carrying out of the structural works or the Supervision QP(Geo) who is supervising the carrying out of geotechnical aspects of underground building works has to appoint one or more QSS to
help him in the task. The requirements of such appointment depend on the scale of the building works.
2.11 Under the Act, building works are classified as either small-scale building works or large building works. The requirements of supervision of the structural elements for these two classes of works are as follows:
Small-Scale Building Works
Act S7(1)(c)
2.12 Critical structural works like concreting, piling, pre-stressing, tightening of high-friction grip bolts or other critical structural works of small-scale building works shall be carried out under the immediate supervision of –
a) an appropriate qualified person; or
b) a QSS working under the Supervision QP’s control and direction.
Act S2(1)
2.13 The term "immediate supervision", in relation to any building works or part thereof, means personally and directly exercising oversight, control and inspection of the carrying out of the building works or part thereof. Where immediate supervision is required, the Supervision QP or the appointed QSS has to be present at the site to supervise the carrying out of critical structural works.
Act S10(2)
2.14 The Act requires the Supervision QP(Struct) appointed to supervise the carrying out of any small-scale building works to appoint at least one QSS to supervise the critical structural elements of the small-scale building works. Where appropriate, the Supervision QP(Struct) may personally carry out such supervision in the absence of a QSS. The details of this requirement are summarized as follows (next page):
TABLE 2.1
SITE SUPERVISORS REQUIRED FOR IMMEDIATE SUPERVISION OF STRUCTURAL WORKS IN SMALL-SCALE BUILDING WORKS
Act S7(1)(c)
Value of building works Site supervisor
Up to $7.5 million Appropriate qualified person or resident engineer or resident technical officer
Large Building Works
Act S7(1)(b)
2.15 The structural elements or geotechnical aspects of all large building works shall be carried out under the full-time supervision of a QSS, or a team of QSS, working under the appropriate Supervision QP’s control and direction.
BCR R24(1)
2.16 The number of QSS required for each project depends on the value of the building works. More resources in terms of qualified site supervisors are required as the value of the building works increases. This is based on the rationale that the value would in most cases be a good and simple indicator of the scope or complexity of works. More resources for supervision would be required as scope or complexity increases. The details are provided in the Building Control Regulations, and are summarized as follows (next page):
TABLE 2.2
QUALIFIED SITE SUPERVISORS REQUIRED FOR FULL-TIME SUPERVISION OF STRUCTURAL WORKS OR GEOTECHNICAL ASPECTS IN LARGE BUILDING WORKS
Value of building works Minimum number of QSS for
full-time supervision of structural works or geotechnical aspects More than $7.5 million but
not exceeding $15 million
One (1) RTO
More than $15 million but not exceeding $30 million
One (1) RE
More than $30 million but not exceeding $75 million
One (1) RE and one (1) RTO
More than $75 million but not exceeding $150 million
One (1) RE and two (2) RTO
More than $150 million Two (2) RE and three (3) RTO
Full-time supervision
2.17 The term “full-time supervision”, in relation to any building works, means that the QSS has to be stationed at the site throughout the duration of the project when structural or geotechnical works are in progress and cannot act as the QSS for any other project. The QSS has to personally and directly exercise oversight, control and inspection of the carrying out of critical structural works like concreting, piling, pre-stressing, tightening of high-friction grip bolts and other critical structural works, and carry out any other supervision duties as directed by the Supervision QP who appointed him. Where there is more than one QSS in a project, the Supervision QP has to direct how and by who each supervision duty is to be carried out.
Site Records
BCR R22
2.18 All Supervision QPs appointed to supervise any building works are required to keep and maintain at the premises on which the building works are carried out the following books and records:
a) for major building works, a schedule of the structural works to be carried out every 3 months, specifying, in particular, the excavation, installation, testing, removal, construction or fabrication of the key structural elements;
b) a record of attendance of the Supervision QP and QSS; c) a site record book;
d) a copy of the approved structural plans including all amendments;
e) a record of all the departures or deviations relating to the structural elements of the building works as provided by the Design QP(Struct);
f) a record of inspection and approval for concreting; g) a record of repairs to defective structural works; h) a site investigation report;
i) a record of piles installed; j) a record of pile load tests;
k) a record of tests on cement, sand and aggregates; l) a record of concrete cube tests;
m) a record of tests on steel reinforcements; n) a record of tests on pre-stressing steel; o) a record of pre-stressing works;
p) a record of tests on welding works and all welders’ certificates;
q) a record of ground anchor, soil nails or rock bolt tests and, where applicable, stressing loads;
r) a record of inspection and approval at each of the following stages of the building works: excavation,
installation, construction and removal stage of the building works;
s) a record of inspection and approval for strut, soil nails, rock bolts, or anchor during installation and removal;
t) a record of instrumentation and monitoring reports; u) a record of actions taken where monitoring results of
earth-retaining wall deflection or adjacent ground
settlements exceed the allowable limits or where damages occur in the neighbouring properties;
v) a record and test results of earth or ground improvement or strengthening works;
w) a record of tests on fixings of external claddings and safety barriers against falling from a height;
x) the mill certificates and test results for structural steel sections, and
y) a record of all other tests of or in connection with the building works.
Submission of Progress Reports and Certificates
BCR R23
2.19 The Act also requires all Supervision QPs appointed to supervise any building works to prepare and submit the following reports and certificates relating to the building works at the corresponding times or intervals, where applicable:
a) a notice of completion of all piling works carried out, a record plan showing full details of the piling works and a certificate of supervision of those piling works within 28 days of completion of those piling works;
b) on completion of all building works, his certificate stating that the building works have been carried out under his supervision, and
c) within 14 days of his ceasing to carry out his duties under the Act, a summary report of all those building works which have been carried out under his supervision and a certificate of such supervision.
Quarterly Structural Reports
2.20 With effect from 1 Feb 2008, there is no need for submission of three-monthly (quarterly) structural reports detailing the schedule and progress of structural works at the site. This requirement has been removed.
Tests of and in Connection with Building Works
Act S7A
2.21 It is important to ensure that materials used for the building works comply with requirements. The Act therefore requires the Supervision QP to carry out or cause to be carried out all necessary and appropriate tests in connection with the building works as prescribed in any of the building regulations or required by the CBC. The tests have to be carried out in such manner and at such places and times as prescribed in the respective building regulations.
2.22 If a Supervision QP fails to comply with the above requirements, the CBC may serve an order in writing to any of the project parties to cease the building works until the order is withdrawn. For special cases, however, the CBC may, on application, waive a requirement to carry out a prescribed test if he is satisfied that carrying out the particular test would be unreasonable.
Builder’s Supervision Duty
Act S11(1)(e)
2.23 The Act requires the builder to have an adequate number of construction supervisors working under his direction to help him ensure that the building works are carried out in compliance with all the requirements.
CHAPTER 3
DUTIES OF PROJECT PARTIES
3.1 The Act and building regulations prescribes specific duties on the various parties who are involved in the building works. This chapter lists and explains these duties.
DEVELOPER
Act S8(1)
3.2 The developer has a set of duties under the Act. These duties are summarized as follows:
(A) Appointments
3.3 For all building works, every developer shall appoint the following (no other person may make these appointments)–
a) a builder to carry out those building works; b) for major building works,
i. an AC who is either a director, partner, member or an employee of an accredited checking organisation, if the value of the building works exceeds $15 million; or ii. an AC (whether or not a director, partner, member or
an employee of an accredited checking
organisation), if the value of the building works is $15 million or less
c) where the building works comprise wholly or partly of any underground building works, an AC(Geo) for the geotechnical aspects of those building works; and
d) where appropriate, a specialist builder to monitor instruments measuring pore pressures for saturated and
movements or building movements and to measure forces, deformations or displacements.
3.4 Every developer shall also appoint the following (if no such person has been appointed by the builder) –
a) the appropriate Design QPs to prepare the plans of the building works (i.e. architectural plans and structural plans); b) the appropriate Supervision QPs to supervise the carrying
out of those building works
c) where the building works comprise wholly or partly of any underground building works,
i. a QP(Geo) to prepare the plans relating to the geotechnical aspects of the building works, who may or may not be the same QP for structural works referred to in paragraph (a) above; and
ii. a QP(Geo) to supervise the geotechnical aspects of those building works, who may or may not be the same qualified person referred to in paragraph (i) above.
Act S8(2)
3.5 If any QP, builder, specialist builder, AC or AC(Geo) appointed by the developer becomes unwilling to act or unable, whether by reason of the termination of his appointment or for any other reason, to carry out his respective duties under this Act, then the developer shall —
a) without delay appoint another QP, builder, specialist builder, AC or AC(Geo), as the case may be, in his place, and
b) within 7 days thereafter, notify the CBC of that substitute appointment.
(B) Notification
Act S8(3)
3.6 The developer of any building works shall notify the CBC of any contravention of this Act or the building regulations relating to those building works of which the developer knows or ought reasonably to know.
Act S8(6)
3.7 The Act prescribes that it shall be a defence in any prosecution for a contravention of paragraph 3.6 above for the person charged to prove to the satisfaction of the court that he did not know and could not reasonably have discovered the contravention referred to in the charge.
General Notes on Implementation Practices on Notification 3.8 Several parties (namely, the developer, QP, builder and specialist builder) have the similar duty of notifying the CBC when they are aware of any contravention under the Building Control Act. The CBC has received some feedback that had expressed concern on failing to comply with this requirement of notification under circumstances that may be beyond the control of the relevant party. While the CBC will consider all circumstances in each case, these general notes on implementation practices are included to address such concerns:
a) Some contraventions may involve matters which are of a very technical nature, where specific knowledge in architecture or engineering is necessary to know that a contravention has occurred. For such cases, the CBC will not expect that a person who does not possess such knowledge could reasonably have discovered the contravention, provided that the person was not involved in any way in directing or instructing another party, who has such knowledge, not to notify the CBC. On this matter, there are already specific sections under the Act which allow it to be a defence for any person charged to prove to the satisfaction of the court that he did not know and could not reasonably have discovered the contravention referred to in the charge.
b) Some contraventions may be easily and quickly rectified. Where a contravention has been rectified, the CBC may take that into consideration in deciding any enforcement action for that contravention. However, should the CBC discovers a contravention before notification by any party, subsequent rectification of the contravention cannot be used as an excuse to absolve any party of the failure to notify the CBC of the contravention.
c) Several parties (namely, the developer, QP, builder and specialist builder) have the similar duty of notifying the