Section 12
Duties of developers
(1)
Subject to this Act, every developer of building works shall appoint —
(a)
a qualified person to prepare the plans of the building works in accordance with this Act;
(b)
a qualified person to supervise the carrying out of those building works;
(c)
a builder to carry out those building works;
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(d)
where the building works comprise wholly or partly of any underground building works —
(i)
a qualified person who is a geotechnical engineer to prepare the plans relating to the geotechnical aspects of the building works, who may or may not be the same qualified person referred to in paragraph (a); and
(ii)
a qualified person who is a geotechnical engineer to supervise the geotechnical aspects of those building works, who may or may not be the same qualified person referred to in paragraph (b);
(e)
in respect of the detailed structural plans and design calculations of major building works —
(i)
an accredited checker who is either a director, partner, member or an employee of an accredited checking organisation, if the value of the building works exceeds the prescribed limit in the building regulations; or
(ii)
an accredited checker (whether or not a director, partner, member or an employee of an accredited checking organisation), if the value of the building works does not exceed the prescribed limit referred to in sub-paragraph (i); and
(f)
where the building works comprise wholly or partly of any underground building works —
(i)
an accredited checker in respect of the geotechnical aspects of those building works; and
(ii)
in addition to appointing a builder under paragraph (c), a builder to monitor instruments measuring pore pressures for saturated and unsaturated levels, ground-water levels, ground movements or building movements and to measure forces, deformations or displacements.
(2)
If any qualified person, builder or accredited checker appointed under subsection (1) in respect of building works 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, the developer shall —
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(a)
without delay appoint, under subsection (1), another qualified person, builder or accredited checker, as the case may be, in his place;
and
(b)
within 7 days thereafter, notify the Authority of that substitute appointment.
(3)
The developer of any building works shall notify the Authority 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.
(4)
Any developer of building works who, without reasonable excuse, fails to comply with subsection (2)(b) is guilty of an offence.
(5)
Any developer who contravenes subsection (3) is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both.
(6)
It shall be a defence in any prosecution for a contravention of subsection (3) 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.