Applying Section 10 to staged construction projects
Under Section 10(2) of the Building Act 1993, the relevant building surveyor (RBS) has the authority to decide on the application of a building regulation or an amendment to a building regulation where substantial progress on the design of the building was made prior to the commencement of a new regulation or an amendment to an existing regulation.
When considering Section 10(2), it should also apply to any subsequent building permits for that project in accordance with the regulations that were in effect when the design was considered substantially commenced, in line with Minister's Guideline MG-13 (PDF, 198.95 KB).
This approach ensures consistency and stability throughout the construction process, averting complications associated with adjusting to new regulations mid-project.
This framework is designed to maintain fairness and clarity, allowing builders and developers to plan and execute projects without the unpredictability of shifting regulatory requirements