Section 5
Application for approval of plans of building works
(1)
An application for approval of the plans of any building works shall be made to the Authority by the qualified person appointed by the developer of those building works.
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(2)
An application for approval of the plans of any building works shall be accompanied by —
(a)
the application fee prescribed (if any);
(b)
the names and particulars of —
(i)
the appropriate qualified person whom the developer has appointed to prepare the plans of those building works;
and
(ii)
where the building works comprise wholly or partly of any underground building works, the geotechnical engineer whom the developer of the building works has appointed to prepare the plans relating to the geotechnical aspects of those underground building works;
(c)
the plans of the building works prepared in accordance with the building regulations;
(d)
in the case of major building works, a certificate from the following accredited checkers —
(i)
a certificate by an accredited checker stating that he has checked the plans relating to those building works and that, to the best of his knowledge and belief, the plans so checked do not show any inadequacy in the key structural elements of the building to be erected or affected by those building works; and
(ii)
where the building works comprise wholly or partly of any underground building works, another certificate by an accredited checker (who may or may not be the same accredited checker referred to in sub-paragraph (i))
stating that the accredited checker has checked the geotechnical aspects of those underground building works and that, to the best of his knowledge and belief, there is no inadequacy in the geotechnical aspects relating to those underground building works;
(e)
in the case of such major building works as the Authority may specify, a letter of endorsement from the qualified person (being a
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professional engineer) appointed by the qualified person (being an architect), stating that all plans relating to structural elements of the building works have been prepared by a member or an employee of his organisation who is also a professional engineer registered under the Architects, Professional Engineers and Quantity Surveyors
Order, 2011 (S 33/2011);
(f)
in the case of such major building works as specified by the
Authority under paragraph (e), where such building works comprise wholly or partly of any underground building works, another letter of endorsement by a professional engineer registered under the
Architects,
Professional
Engineers and
Quantity
Surveyors
Order, 2011 (S 33/2011) and has in force a practising certificate issued under section 25 of that Order, (who may or may not be the same professional engineer appointed by the qualified person) stating that he or a member or an employee of his organisation has checked the geotechnical aspect of those underground building works and that, to the best of his knowledge and belief, there is no inadequacy in the geotechnical aspects relating to those underground building works;
(g)
the certificate (in the form prescribed) signed by the qualified person appointed to prepare the plans of those building works, certifying that he prepared those plans; and
(h)
such other documents as may be prescribed in the building regulations.
(3)
Upon receiving an application under subsection (1) for the approval of plans of any building works, the Authority shall consider the application and may —
(a)
approve any one or more of the plans submitted to the
Authority, with or without conditions;
(b)
direct the qualified person, being an architect or a professional engineer (in writing) to comply with such requirements as the Authority may specify for the purpose of ensuring that all or any of the plans submitted to the Authority comply with this Act and the building regulations and to re-submit those plans for the Authority’s approval, within such period as may be specified in the direction; or
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(c)
disapprove any one or more of the plans submitted to the
Authority.
(4)
If the direction given by the Authority under subsection (3)(b) is not complied with within the period specified in that direction, or such further period as may be extended by the Authority, the application for approval of those plans shall, at the end of that period, be deemed to be disapproved by the Authority.
(5)
The Authority may, without checking the plans and design calculations of any building works, approve those plans on the basis of —
(a)
where the plans relate to any major building works or underground building works, the certificate of an accredited checker, certifying that —
(i)
the accredited checker has checked the plans relating to the major building works and that, to the best of his knowledge and belief, the plans so checked do not show any inadequacy in the key structural elements of the building to be erected or affected by those major building works; and
(ii)
where the building works comprise wholly or partly of any underground building works, the accredited checker has checked the geotechnical aspects of the underground building works and that, to the best of his knowledge and belief, there is no inadequacy in the geotechnical aspects relating to those underground building works; or
(b)
in any other case, the certificate (in the form prescribed)
signed by the qualified person appointed to prepare the plans of those building works, certifying that he prepared those plans.
(6)
Notwithstanding subsection (5), the Authority may, in its discretion, carry out random checks on any of the detailed structural plans, design calculations or geotechnical aspects of any building works before approving those plans under that subsection.