Building and Construction Authority Act 1999

Building and Construction
Authority Act 1999

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to establish the Building and Construction Authority, to provide for its functions and powers, and for matters connected therewith.

[1 April 1999]

PART 1

PRELIMINARY

Short title

1.  This Act is the Building and Construction Authority Act 1999.

Interpretation

2.  In this Act, unless the context otherwise requires —

“Authority” means the Building and Construction Authority established under section 3;

“Board” means the Construction Industry Development Board established under section 3 of the repealed Construction Industry Development Board Act (Cap. 51, 1985 Revised Edition);

“Chairperson” means the Chairperson of the Authority and includes any acting Chairperson of the Authority;

“Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity;

“construction industry” means the industry concerning the carrying out of construction works and services;

“construction works and services” includes all aspects of architectural, engineering, development and construction works and services including such other related production, design and consultancy works and services which result in the construction, maintenance, retrofitting, repair or removal of all types of buildings and infrastructure;

“Deputy Chairperson” means the Deputy Chairperson of the Authority;

“member” means a member of the Authority.

[5/2018]

PART 2

ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF AUTHORITY

Establishment and incorporation of Authority

3.  A body called the Building and Construction Authority is established, which is a body corporate with perpetual succession and a common seal and is, by that name, capable of —

(a) suing and being sued;

(b) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and

(c) doing and suffering all such other acts or things as a body corporate may lawfully do and suffer.

Common seal

4.—(1)  All deeds and other documents requiring the seal of the Authority must be sealed with the common seal of the Authority and all instruments to which the common seal is affixed must be signed by any 2 members generally or specially authorised by the Authority for the purpose or by one member and the Chief Executive.

(2)  All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Authority affixed to any document and presume that it was duly affixed.

Membership of Authority

5.—(1)  The Authority consists of —

(a) a Chairperson;

(b) a Deputy Chairperson; and

(c) not less than 5 but not more than 12 other members,

all of whom must be appointed by the Minister.

(2)  The Minister may appoint the Chief Executive to be a member of the Authority.

Term of office of members

6.—(1)  A member of the Authority holds office for the term not exceeding 3 years that the Minister specifies in the appointment, and may be re‑appointed.

(2)  Any member of the Authority may at any time by written notice to the Minister resign his or her office.

(3)  The Minister may, at any time, revoke the appointment of any member without giving any reason.

(4)  If a member dies or resigns or has his or her appointment revoked, the Minister may appoint a person to fill the vacancy for the remainder of the term for which the vacating member was appointed.

(5)  The Authority must pay to the Chairperson, the Deputy Chairperson and other members of the Authority such salaries, fees and allowances as the Minister may determine.

Meetings and proceedings of Authority

7.—(1)  The quorum at every meeting of the Authority is the higher of the following:

(a) one-third of the total number of members;

(b) 3 members.

[25/2009]

(2)  The Chairperson or, in his or her absence, the Deputy Chairperson presides at all meetings of the Authority and, in their absence, the members present must elect one of their number to preside.

(3)  Meetings of the Authority must be held at such times and places as the Chairperson may determine.

(4)  All questions arising at any meeting must be decided by a majority of votes of the members present and voting.

(5)  At any meeting of the Authority, the Chairperson or, in his or her absence, the Deputy Chairperson has a deliberative vote and, in the case of an equality of votes, he or she also has a casting vote.

(6)  The validity of any proceedings of the Authority is not affected by any vacancy among its members or by any defect in the appointment of any member.

(7)  Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Authority may regulate its own proceedings.

[5/2018]

PART 3

FUNCTIONS AND POWERS OF AUTHORITY

Functions of Authority

8.—(1)  Subject to the provisions of this Act, the functions and duties of the Authority are —

(a) to promote the development, improvement and expansion of the construction industry including the use of advanced technology in the construction industry;

(b) to advise and make recommendations to the Government on matters affecting or connected with the construction industry and on the control of building works and the safety of buildings;

(c) to raise standards and efficiency in the construction industry by encouraging the standardisation and improvement of construction processes, techniques, products and materials;

(d) to promote good procurement methods and practices in the construction industry and advise and assist the Government in the procurement of construction works and services;

(e) to provide consultancy and advisory services related to the construction industry;

(f) to promote the advancement of skills and expertise of persons in the construction industry;

(g) to raise the professionalism and capabilities of firms in the construction industry;

(h) to promote the adoption of internationally recognised quality management systems in the construction industry;

(i) to facilitate the supply of essential construction materials and secure and manage land and facilities related to their import and production;

(j) to promote and carry out research for the development and improvement of the construction industry and in respect of the building control system, building codes and regulations, building maintenance and management, energy usage in buildings and other matters related to or incidental to the functions of the Authority;

(k) to promote the efficient use of energy in buildings and to advise the Government on the measures and regulations to be implemented;

(l) to provide a search service for searches on building records and plans; and

(m) to carry out any other functions imposed upon the Authority by or under this Act or any other written law.

(2)  In addition to the functions and duties imposed by subsection (1), the Authority may undertake such other functions and duties as the Minister may in writing assign to the Authority and, in so doing, the Authority is deemed to be fulfilling the purposes of this Act and the provisions of this Act apply to the Authority in respect of such functions and duties.

(3)  The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018.

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[5/2018]

Powers of Authority

9.  The Authority has power to do anything for the purpose of discharging its functions under this Act, or which is incidental or conducive to the discharge of those functions and, in particular, may —

(a) prescribe standards for the construction industry in relation to design, processes, construction techniques, products and materials;

(b) promote and assist in the export of construction works and services;

(c) own, lease, manage, let or sell lands, buildings and other property as the Authority may consider necessary for the discharge of its duties and functions;

(d) collect, analyse, compile, publish and disseminate information of a statistical nature relating to the construction industry and on all matters relating to building control, maintenance and management of buildings or such other subject matters as may be necessary for the performance of the functions of the Authority;

(e) prescribe training requirements for the construction industry, provide training, conduct tests and award diplomas and certificates of proficiency;

(f) register construction tradesmen, construction foremen and construction supervisors of suitable qualifications and experience with a view to raising standards of performance in construction services in Singapore;

(g) collaborate with other companies or institutions to organise seminars, workshops, conferences, courses or other training programmes and share profits;

(h) provide technical advice or assistance, including training facilities, to personnel of related organisations in other countries;

(i) provide financial assistance in the form of grants, loans or otherwise to persons, firms or companies in the construction industry and provide any guarantee on their behalf;

(j) enter into a partnership or an arrangement for the sharing of profits;

(k) charge fees or commissions for services rendered by the Authority;

(l) carry out publicity in any form;

(m) form or participate in the formation of a company to perform or carry out any of the functions of the Authority;

(n) receive donations and contributions from any source and raise funds by all lawful means;

(o) provide training for officers or employees of the Authority and award scholarships or otherwise pay for such training;

(p) provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers or employees of the Authority and members of their families;

(q) grant loans to officers or employees of the Authority for any purpose specifically approved by the Authority as are likely to increase the efficiency of officers or employees; and

(r) do anything incidental to any of its powers.

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Committees

10.—(1)  The Authority may appoint, alter and discharge committees, consisting of one or more persons (whether members of the Authority or not), and define and vary the terms of reference of those committees.

(2)  Subject to this Act and any regulations made under this Act, the Public Sector (Governance) Act 2018 and to the control of the Authority, each committee appointed under this section may regulate its procedure in such manner as it thinks fit.

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[5/2018]

Delegation of powers

11.—(1)  The Authority may, in respect of a specified matter or class of matters, by writing delegate any of its powers to a member, officer or committee of the Authority.

[5/2018]

(2)  Every member, officer or committee purporting to act pursuant to a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

(3)  A delegation under this section is revocable at will.

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[5/2018]

PART 4

PROVISIONS RELATING TO STAFF

Chief Executive, officers and employees, etc.

12.—(1)  There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.

[5/2018]

(2)  The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a) is absent from duty or Singapore; or

(b) is, for any reason, unable to perform the duties of the office.

[5/2018]

(3)  The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.

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[5/2018]

Protection from personal liability

13.  No suit or other legal proceedings shall lie personally against any member, officer or employee of the Authority or other person acting under the direction of the Authority for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law.

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PART 5

FINANCIAL PROVISIONS

Financial year

14.  The financial year of the Authority begins on 1 April of each year and ends on 31 March of the succeeding year.

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Minister’s approval of estimates

15.—(1)  A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Authority, be sent without delay to the Minister.

[5/2018]

(2)  The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.

[5/2018]

(3)  The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Authority, and the Authority is bound by the Minister’s decision.

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[5/2018]

Grants-in-aid

16.  For the purpose of enabling the Authority to carry out its functions under this Act, the Minister may make grants‑in‑aid to the Authority of such sums of money, as the Minister may determine, out of moneys to be provided by Parliament.

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Loans

17.  The Authority may for the purposes of this Act raise loans from the Government or, with the Minister’s consent, from any other source.

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Issue of shares, etc.

18.  As a consequence of —

(a) the vesting of any property, rights or liabilities of the Government in the Authority under this Act; or

(b) any capital injection or other investment by the Government in the Authority in accordance with any written law,

the Authority must issue such shares or other securities to the Minister for Finance as that Minister may from time to time direct.

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Bank accounts and application of moneys

19.—(1)  The Authority must open and maintain an account or accounts with such bank or banks as the Authority thinks fit and every such account must be operated by such person or persons authorised to do so by the Authority.

(2)  The moneys of the Authority must be applied only in payment or discharge of the expenses, obligations and liabilities of the Authority and in making any payments that the Authority is authorised or required to make.

(3)  The Authority may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.

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