Building act 2006

Quality Control & Inspection Unit
Ministry of Public Works & Utilities
Building Act 2006
Ministry of Public Works and Utilities
Republic of Kiribati

Ministry of Public Works & UtilitiesOutline
• Background
• Building Code
• Building Act requirements
• Building Approvals
• Building Inspectors
• Miscellaneous
• Exempted work
• Discussion

Ministry of Public Works & UtilitiesBackground on Building Act 2006
• Passed by parliament on 25th July 2006
• An act to regulate building and related work
• Shall come into force on date appointed by the minister
• Commencement date to publish in the Gazette
• Minister to appoint commencement date and its application to different
types/class of building work e.g to public and commercial buildings only or
private residence only or to all building work! This will be specified on the Gazette
• Building includes:
• Structure on or attached to land, lagoon bed or sea bed
• An addition to a building
• A structure attached to a building
• Part of a building whether the building is completed or not

Background cont’
• The Building Act does not regulate:
• A bridge
• Road
• Retaining wall associated with bridges and road
• Road traffic sign
• Electricity network distribution equipment
• The act applies throughout Kiribati and affects the rights
and binds the republic

Ministry of Public Works & UtilitiesThe Building Code
• Design and construction guideline that all design and construction
work should follow
• The Minister, with the advice of the Cabinet, may approve or amend
the Building Code and publish the effective date and amendment on
the Gazette
• Copy of the Building Code and amendments should be made available
for inspection and purchase during normal office hours

Ministry of Public Works & UtilitiesFines & Building Act requirements
• Maximum of 2 years in prison and a fine not exceeding
$100,000.00 when:
• Building work is not carried out according to Building Code
• Buildings are not structurally sufficient, safe and stable
• Building work is not carried out according to building approval
• Not more than 1 year of imprisonment and a fine of not more
than $10,000.00
• Building not to be used until a certificate of occupancy has been issued
• Building work not to proceed past a stage without approval (schedule 1)
– construction works already commenced before the act is effective are
excepted
• False or misleading information (building approval or condition of
approval)
• Copy of plans, specifications and other information forming part of
building approval must be kept on the premises
• Test results as a requirement of building approval, test loadings etc must
be also kept on the premises.

Building Approval
• Application must include:
1. Completed application form as set out in schedule 3
2. Building with estimated cost of $200,000.00 or more must have a sustainability report in accordance with section 19 of the act
3. A fee of $20.00 or 0.25 % of the estimated cost or whichever is greater
4. The minister may waive the application fee
5. The minister must forward any sustainability report included in an application to the Minister for the time being responsible for the environment before considering the application. Format
and content of sustainability report to be discussed with MELAD
6. Additional information or suggest changes:
1. Where change is suggested, the applicant must submit a revised application
2. No further decision will be made until the requested information or revised application has been submitted.
7. All correspondences are to be made in writing
8. The building approval will be issued when the application complies with the building code. The approval may subject to conditions that the minister considers appropriate such as:
1. Safety
2. Health
3. Noise
4. Working times
5. Lighting requirements
6. Materials storage
7. Drainage
8. Use of any roadway
9. Dust control
9. The building permit approval is valid for one year only unless building work commences within a year of issuing the building approval (Building Act Section
17 (5))

Variation & termination of Building Approval
• The minister may amend the building approval to response to
applicant’s request or on his own motion (own motion may be related
to the consideration of other important government projects)
• An application for amendment to a building approval will be charged
a fee under section 15 if the application is an application for building
approval.

Sustainability Report – building projects with estimated
construction cost of $200,000.00 or more
a. Expected electricity usage of the building and details of building features designed to conserve or
generate electricity
b. Expected water usage of the building and details of building features designed to conserve or collect
water
c. Details of building features designed to reuse water
d. Details of materials to be used including:
a. Durability
b. Environmental impact of sourcing the materials
c. Whether the materials can be reused or recycled at the end of the building’s life
e. Details of the following:
a. The waste that will be generated by the construction process
b. Measures to minimize the waste
c. Procedures for dealing with the waste
f. Details of building features designed to improve air quality
g. Details of how the building has been designed for additions and reconstruction
h. Consideration of the effects that climate change may have on the building
i. Any other matter as may be prescribed by the regulation

Ministry of Public Works & UtilitiesBuilding Inspectors (Section 26)
• According to section 99 of the Constitution, the minister may, by instrument in writing, appoint a suitably qualified person (including a class of persons) as a
building inspector
• The minister may, by instrument in writing, place conditions on the exercise of any power, duty or function by a building inspector (e.g Paul to inspect single
and two storey buildings only)
• Any instrument made under this section must be published in the Gazette
• Impersonating building inspectors – 2 years in prison and a $50,000.00 fine
• Obstructing, threatening a building inspector is liable upon conviction to imprisonment for not more than two years and a fine not exceeding $10,000.
• Enter the site if the inspector has the permission of the occupier of the premises and/or believe that the building is likely to cause hazard to persons or
property
• Except for residential premises, a building inspector may enter and remain on
• Premises at which the building inspector reasonably believes building work is being carried out – at any time
• Premises where the building inspector reasonably believes that a contravention of this act has occurred, is occurring or is likely to occur – at any time
• Premises where the occupier of the premises has consented to the entry – in accordance with the consent
• Premises in respect of which a search warrant has been issued – in accordance with the terms of a search warrant
• If the inspector lawfully enters and remains on premises, the inspector may, for the purposes of inspecting buildings or building work:
• Examine and search the premises and any equipment, structures, or other items on the premises
• Take photographs, films, audio, video and other recordings
• The building inspector must leave the premises as soon as it is safe to do so if:
• A building inspector has entered the premises with the occupier’s consent;
• The occupier withdraws his or her consent and
• The building inspector cannot remain on the premises except for non residential premises
• Compliance notices must be issued in writing by the inspector – a notice requiring a person to:
1. Carry out specified actions by a particular time
2. Cease taking specified actions by a particular time

Ministry of Public Works & UtilitiesSearch Warrants
• The inspector may apply to a magistrate or justice of the peace by information on oath for a
search warrant if the inspector has reasonable grounds to believe that a contravention of this Act
has occurred, is occurring , or is likely to occur on premises
• Where a magistrate or justice of the peace is of the opinion that a search warrant should be
granted, the magistrate or justice of the peace may issue a search warrant
• Unless specifically stated in the search warrant, the warrant allows the building inspectors named
in the warrant to:
• Enter the premises at any time period specified on the warrant
• Use such force as necessary to enter the premises and exercise any powers under this subsection
• Acquire such assistance as the building inspector considers reasonable or necessary to execute the warrant
• The search warrant may allow a building inspector to exercise any other power the magistrate of
justice of the peace considers appropriate by stating the power in the warrant
• As soon as practical after entering premises under the warrant, a copy of the warrant must be
given to a person who is apparently the occupier of the premises, or, if that is not possible, left in
a conspicuous place at the premises.

Ministry of Public Works & UtilitiesCompliance notices
• A compliance notice is a notice requiring a person to:
a. Carry out specified actions by a particular time
b. Cease taking specified actions by a particular ti
• A building inspector may issue a compliance notice to a person who the inspector reasonably believes is
contravening, has contravened, or is likely to contravene this act, if the inspector reasonably believes that
the actions or omissions required by the notice will:
a. Prevent a contravention of this act from occurring
b. Provide information about whether a contravention of the act has occurred or will occur
c. Prevent construction of or remove a building on an easement
d. In addition to the above, a compliance notice may require the person to whom the notice is issued to:
a. Cease or not commence building work
b. Conduct tests on the materials used or to be used in building work, on the structure of a building, or in relation to anything else
connected with building work
c. Modify, or carry out any work on any building
d. Open, cut into, or pull down any building
e. Demolish any building
f. Cease the use of equipment or alter the way equipment is used
g. Carry on building work in a particular manner
h. Obtain building approval for any of the above
i. Vacate a building
j. Report to the Minister on any result or progress of any activity
• A compliance notice must be issued in writing
• Failure to comply with compliance notices is an offence and a liability for imprisonment not more than five
years and a fine not exceeding $100,000.00

Section 35: Appeal to the Minister regarding
compliance notices
• A person to whom a compliance notice has been issued may appeal
to the Minister in Writing
• A notice of appeal may be sent to the Minister or given to a building
inspector
• The minister must, after receiving an appeal, by notice in writing to
the person
• Vary or repeal the compliance notice; or
• Confirm the compliance notice
• Any timeframe in a compliance notice does not run between the time
when an appeal has been made and when the minister notifies the
person who lodged the appeal of his or her decision on the appeal

Ministry of Public Works & UtilitiesCertain persons deemed to allow activities
• In relation to an offence under this Act
• A person responsible for directing building work is deemed to allow that
building work
• If premises are owned by the republic, the occupier of the premises is
deemed to allow conduct on those premises
• If premises are owned by a person other than the republic, the occupier and
owner of the premises are deemed to allow conduct on those premises
• An act or omission by a person while an officer, employee or agent of
another person and while acting within the scope of his or her actual
or apparent responsibilities to the other persons or authority from
the other person is deemed also to be an act or omission of that
other person.

Ministry of Public Works & UtilitiesActions by a body corporate
• If a body corporate contravenes any provision of this Act, each person who is a
director of the body corporate or who is concerned in the management of the
body corporate is taken to have contravened the same provision, unless the
person satisfies the court that:
• The body corporate contravened the provision without the actual, imputed or
constructive knowledge of the person
• The person was not in a position to influence the conduct of the body corporate in
relation to its contravention of the provision
• The person used all due diligence to prevent the contravention by the body corporate
• A person to whom paragraph 1 refers may be proceeded against and convicted
of an offence against this Act whether or not the body corporate connected to
the person has been proceeded against or convicted.
• Without limiting any other law or practice regarding the admissibility of
evidence, evidence that an officer, employee or agent of a body corporate
(while acting in his or her capacity as such) had, at any particular time, a
particular mental state, is evidence that the body corporate had that mental
state.

Ministry of Public Works & UtilitiesPower Delegation
• The Minister may, by instrument in writing, delegate all or any of his
or her powers or function under this Act to any other public servant.
• Any delegation may be subject to conditions
• If a power or function has been delegated by the Minister, the
delegate is, in the exercise or performance of a delegated power or
function, subject to the directions of the Minister.
• If the Minister has made a delegation, the Minister may, by
instrument in writing amend or revoke the delegation.

Ministry of Public Works & UtilitiesMiscellaneous
• Amendment of schedule 1, 2 & 3 – require Cabinet’s approval and a
notice in the Gazette
• Public register of applications
• The Minister may, by instrument in writing, delegate all or any of his
or her powers or functions under this Act to any other public servant

Ministry of Public Works & UtilitiesExempted building work
• A fence or wall if –
1. The height measured from any point on the fence or wall to the ground is not more than 1.8 meters,
excluding any part of the structure that is in the ground; and
2. It does not form an integral part of an enclosure for a swimming pool
• A retaining wall if the height measured from any point at the top to the lowest adjacent
ground level is not more than 1.2 meters, excluding any part of the wall that is in the
ground
• An antenna, satellite dish or aerial assembly if the height measured from the highest part
of assembly to the lowest is 5 meters or less, excluding any part that is in the ground or is
part of the building the assembly is mounted on
• A structure (e.g a barbeque or letterbox) if
1. It has a plan are not exceeding 2 square meters
2. The height measured from any point on the structure to the ground is not more than 1.8 meters,
excluding any part of it that is in the ground
• a water tank if
1. It has a capacity not exceeding 6000 liters
2. The height measured from any point on the structure to the ground is not more than 2.4 meters,
excluding any part of the tank that is in the ground
• Prefabricated playground equipment
• The above will not be exempted if they affects the provision of natural light or ventilation
to any other building

Ministry of Public Works & UtilitiesStages of construction work to be inspected
• For any Buildings:
• Site setout before any other building work is commenced
• Completion of water supply piping, waste lines, septic tanks & soakaways and
electrical conduits prior to concealment
• Completion of placement of formwork, and placement of steel reinforcing, for
any reinforced concrete member before any concrete for the member is
poured
• For buildings with reinforced concrete foundation – completion of
excavation, placement of formwork and steel reinforcing for the
footings before any concrete for the footing is poured
• For buildings with foundations other than reinforced concrete-
completion of excavation, and prior to concealment of foundation

Ministry of Public Works & UtilitiesIango ibukin taai aika ana roko
• License system – BTC & TUC license – too expensive
• Builders association

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