Building Control Act, 2013

The Act comes into force on a date appointed by the Minister by statutory instrument.

This section provides definitions of terms used in the Act.

The Board determines the form of its official seal; the Secretary keeps the seal in custody; when affixed it must be authenticated by the Chairperson and Secretary (or designated substitutes in their absences); certain contracts may be executed without the seal by the Secretary or an authorised person.

The Board may co-opt experts to attend and participate in Board proceedings; such co-opted persons may take part in discussions where their advice is required but do not have a right to vote.

Schedule 2 has effect with respect to the meetings and procedure of the Board.

The Board may appoint committees, delegate functions to them, require cooperation between committees, committees may regulate their procedure subject to the Board's direction, and committee members may be paid allowances as determined by the Board with the Minister's approval.

The Board is established and shall be a body corporate with an official seal; it may, to discharge its functions, hold property, sue and be sued, and perform lawful acts of a body corporate.

Sets the composition of the National Building Review Board, requires Minister to appoint members and designate a Chairperson, requires members to be eminent and hold office on terms in their instrument of appointment, and states at least one-third of board members shall be women.

A person who is an undischarged bankrupt or who has made any assignment or arrangement with his or her creditors must not be appointed to the Board.

Members serve three-year terms (eligible for one reappointment); the Minister appoints first members within six months and may remove members for specified grounds; members may resign by letter to the Minister.

The Chairperson and other Board members are entitled to be paid; the Minister may determine their remuneration in consultation with the Ministers responsible for finance and public service.

If a vacancy occurs on the Board the Minister may appoint a qualified person to fill it; the appointee holds office for the remainder of the previous member’s term and, subject to the Act, may be re-appointed.

The Board must carry out a list of functions including monitoring building developments, ensuring accessibility for persons with disabilities, overseeing Building Committees, submitting reports to the Minister, hearing appeals, setting certain fees, and performing other functions conferred by the Act.

The Board must have a Secretariat made up of an Executive Secretary and other staff.

The Board must appoint an Executive Secretary; the Executive Secretary must have professional qualifications, hold office for four years, and may be reappointed for two consecutive terms only.

The Executive Secretary is the Board's chief executive and secretary, must run day-to-day operations, implement policies, manage funds and staff, take minutes and keep records, have custody of the seal, carry out functions assigned by the Board, and is answerable to the Board; the Executive Secretary ceases to hold office on listed grounds.

The Board may appoint additional officers and staff; employees appointed under subsection (1) shall hold office on terms and conditions in their instruments of appointment.

The Board may, on the Executive Secretary's advice, hire experts and consultants for Board functions and those consultants may be paid fees and given facilities as the Board determines.

Members, employees of the Board and persons acting on its directions are not personally liable for acts or omissions done in good faith while exercising the Board's functions.

Fees the Board receives for services and other activities under this Act must be retained by the Board in a fund established for that purpose in accordance with the Public Finance and Accountability Act; the Board's funds also include money appropriated by Parliament and grants, gifts or donations approved by the Minister responsible for finance.

The Board must open and operate bank accounts needed for its functions, deposit money received as soon as practicable, and ensure no withdrawals are made without Board authority.

The Executive Secretary must prepare and submit the Board's expenditure estimates to the Board for approval within three months before year-end; the Board must submit the approved income and expenditure estimates to the Minister within two months after receipt.

The financial year of the Board runs from 1st July to 30th June of the next calendar year.

The Board must prepare and submit annual accounts to the Minister responsible for finance within three months after the financial year; the Executive Secretary must keep proper books and records; the Minister may in writing require further financial information.

The Auditor General (or an appointed auditor) must audit the Board's accounts annually; the Board must submit accounts for audit within four months after each financial year; auditors have access to records and entitlement to information; auditors must deliver audited accounts and a report to the Board within four months of receipt of the accounts.

The Board may invest any of its funds not immediately needed and may determine the manner of investment after consulting the Minister and the Minister responsible for finance.

The Board must submit an annual report to the Minister within three months after the end of each financial year.

A Building Committee is established for each District and for each Urban Authority and is a committee of the District Council or the Urban Council respectively; the provision lists the membership for District and Urban Building Committees and identifies the chairpersons.

Building Committees have specific functions including approving plans, issuing permits, ensuring accessibility for persons with disabilities, reviewing certain permit decisions, ensuring compliance with the Act, and performing functions assigned by the Board; a Building Committee may delegate functions in writing except the functions in sections 29(1)(b) and 41.

A Building Committee may co-opt experts to attend and take part in its proceedings; those co-opted may join discussions when their advice is required but may not vote.

Schedule 3 applies to meetings and procedure of Building Committees and other matters in that Schedule.

The District Service Commission must appoint a District Building Control Officer and an Urban Building Control Officer for each District Council and Urban Authority, and appoint necessary Assistant Building Control Officers to support the Building Committee.

The Building Control Officer must perform specified functions for the Building Committee, including inspections, forwarding applications and decisions, ensuring compliance with committee instructions and permit conditions, inspecting completed buildings, and carrying out other assigned duties.

A person must not carry out a building operation unless they have a valid building permit issued by a Building Committee.

Persons intending to carry out building operations must apply to the local Building Committee for a building permit; the application must be in a form prescribed by the Board and include specified documents and information.

The Building Committee may issue a building permit on receipt of an application and must notify applicants in specified timeframes when rejecting or delaying decisions; it must endorse approvals and return endorsed copies when issuing a permit.

A person aggrieved may appeal to the Board within thirty days of receiving notice; appeals must be in writing by the applicant or their agent; applicants may also appeal where a Building Committee fails to issue a permit within the period in section 36; the right to appeal to the Board does not remove the applicant's right to appeal to a court, and the court may confirm, reverse or modify the Board's decision.

Building operations with a permit must begin within twelve months and finish within sixty months; if unable to meet those times a person must apply to the Building Committee for an extension, and the Building Committee must not unreasonably withhold an extension. Carrying on contrary to this section is an offence with fines or imprisonment and additional daily fines after notice.

Persons who intend to carry out minor building works must apply in writing to a Building Control Officer for a building permit; applications must include a sketch plan; the Building Control Officer must send applications and decisions to the Building Committee and decide within five working days; permits may be issued on prescribed terms and are valid for six months with a possible six‑month extension for good cause; appeals against refusals may be made to the Building Committee.

A Building Committee may, by written notice, order any person to stop a building operation where the operation or site contravenes the Act, the Code, health or sanitation regulations, accessibility standards, is predisposed to flooding, or has poor drainage.

The Building Committee may issue written notices ordering permit-holders to make defective buildings or earthworks safe; notices must state conditions and failure to comply is an offence punishable by a fine or imprisonment.

The Minister may prohibit unsafe building methods or materials by Gazette notice; persons using prohibited methods contrary to such notices commit an offence and may be fined up to forty eight currency points or imprisoned up to two years; an aggrieved person may appeal to the High Court.

Building Control Officers may enter land where building operations occur at all reasonable times to check compliance; they may inspect and test sites; they must produce identification on request; obstructing them is an offence with specified penalties.

Owners must notify the Building Committee and apply for an occupation permit when a building is practically complete; the Building Committee must examine within 14 days and may issue or refuse permits; occupying without a valid permit is an offence punishable by a fine up to twenty-four currency points; the Committee may issue permits for partially completed buildings and such permits under subsection (4) are valid for up to twenty-four months and may be renewed.

A person whose negligence, commission or omission causes an accident on a building construction site that injures or kills someone or destroys property commits an offence and, on conviction, is liable to a fine not exceeding two hundred eighty eight currency points or to imprisonment not exceeding twelve years or both.

The National Building Code must include a list of technical matters; the Minister may establish the Code after consulting the Board and must establish the building code within six months of commencement.

The Minister may ask a Building Committee to provide a report on adequacy of disaster measures or a particular building operation; if not satisfied with that report, the Minister may ask the Board for a report on the same subject.

The Minister may give written policy directions to the Board, and the Board must comply with those directions.

The Minister may, in writing, delegate to the Chairperson of the Board any power conferred on the Minister by or under this Act, except the powers in sections 42, 46, 52 and 53, and may specify conditions for the delegation.

Persons who, immediately before this Act takes effect, were employed to perform Building Control Officer functions by a building control authority or related body must continue performing those functions until Building Control Officers are appointed under this Act.

Notices referenced in this Act must be served by post or delivered by hand to the addressee, the addressee's agent, or to the person in charge of a building operation at the site.

The Minister may, on the advice of the Board, make regulations to implement this Act and may prescribe matters such as remuneration, procedures, fees, forms, building-plan content and penalties (including fines and imprisonment).

The Minister may amend Schedule 1 by statutory instrument with Cabinet approval, and may amend Schedules 2 and 3 by statutory instrument.

Buildings completed or with operations commenced before this Act that do not meet its standards must be adjusted within a period prescribed by the Minister on the advice of the Board; an occupation permit for such adjustments must be obtained within a period prescribed by the Building Committee; pre-Act permit applications and permits are carried over to committees/this Act.

The Act takes precedence over any earlier Acts or instruments relating to building operations; inconsistent prior Acts or instruments are deemed modified to accord with this Act.