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Buildings and Common Property (Maintenance and Management) Bill

Bill No. 15/1973

Read the first time on 7th March 1973.

An Act to provide for the proper maintenance and management of buildings and common property in Singapore.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title and commencement

1. This Act may be cited as the Buildings and Common Property (Maintenance and Management) Act, 1973 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

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

“building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of human habitation or otherwise, and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landingstage or bridge, or any structure, support or foundation connected to the foregoing;

“Commissioner” means the Commissioner of Buildings appointed under section 3;

“common property” includes fixture and fittings (including lifts), refuse chutes, refuse bin compounds, drains, sewers, pipes, wires, cables and ducts, the exterior of all common parts of the building, playing fields, driveways, car parks, open spaces, landscaped areas, walls and fences and all other facilities and installations used, or capable of being used or enjoyed in common;

“owner” means the person for the time being receiving the rent of any building, whether on his own account or as agent or trustee or as receiver, or who would receive the same if the building were let to a tenant, and in relation to any common property includes a management corporation or a person receiving any rental or charge for the maintenance of such common property.

Appointment of Commissioner of Buildings and other officers

3.—(1) The Minister may appoint an officer to be known as the Commissioner of Buildings and such other officers as may be necessary for the purpose of administering and carrying out the provisions of this Act.

(2) The Commissioner shall, subject to any general or special directions of the Minister, have charge of the administration of this Act and Part IV of the Land Titles (Strata) Act (Cap. 277).

(3) Subject to any general or special directions of the Minister or the Commissioner, the powers conferred and the duties imposed upon the Commissioner by this Act or any rules made thereunder may be exercised or performed by any other officer appointed under subsection (1).

Power of Commissioner to require owner of building to carry out repairs and maintenance

4.—(1) Where in the opinion of the Commissioner any building or common property has not been kept or maintained in a state of good and serviceable repair or in a proper and clean condition, the Commissioner may, by notice in writing, require the owner within such period as may be specified in the notice to take such steps or carry out such repairs and maintenance as the Commissioner thinks fit.

(2) If any notice issued by the Commissioner under subsection (1) is not complied with to his satisfaction, the Commissioner or any person authorised by him may carry out or cause to be carried out all or any of the requirements specified in such notice.

(3) Any person who fails to comply with the requirements of any notice issued by the Commissioner under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars and to a further fine not exceeding twenty-five dollars for every day during which the offence is continued after conviction.

(4) The Commissioner may compound any offence under this Act or any rules made thereunder by accepting a sum not exceeding five hundred dollars from the person committing the offence.

Deposit

5.—(1) Where there has been a default in complying with the notice issued by the Commissioner under section 4 the Commissioner may issue a direction to the owner or owners of the building or common property in respect of which the notice has been issued to deposit such amount with the Commissioner as he considers necessary for the purpose of executing the works specified in the notice and the amount shall be deposited with the Commissioner within such period, not being less than seven days from the service of the direction, as the Commissioner may specify.

(2) The amount of any deposit which is due to the Commissioner under subsection (1) may be sued for as a debt due to the Government.

(3) The Commissioner may refund the deposit or any part thereof, after deducting any costs and expenses incurred by him, if the works required to be executed by the notice issued under section 4 have been executed to his satisfaction.

Appeal

6.—(1) Any person on whom a notice under section 4 is served may, at any time within the period specified in the notice, appeal to the Minister against such notice in the prescribed manner.

(2) The decision of the Minister upon the determination of such appeal shall be final.

Recovery of costs and expenses

7.—(1) All costs and expenses incurred by the Commissioner or any person authorised by him under section 4 shall be recoverable from the owner of the building or common property as a debt due to the Government and shall, if there is more than one owner, be apportioned by the Commissioner among the owners in such manner as he thinks fit.

(2) Interest at the rate of six per cent per annum from the expiry of one month from the date of service of any notice of any costs and expenses incurred by the Commissioner shall be recoverable as part of such costs and expenses.

(3) A certificate purporting to be under the hand of the Commissioner and specifying the costs and expenses claimed as due and payable and the person named in the certificate as liable for the payment thereof shall be prima facie evidence of the facts certified therein and of the signature of the Commissioner thereto.

Service of notices and directions

8.—(1) Any notice or direction required to be served under this Act may be served by serving a copy —

(a)	personally; or
(b)	by registered post addressed to the last known place of business or residence of the person to be served.

(2) A notice or direction shall be deemed to be properly addressed if addressed by the description of the “owner” of the premises on whom the notice is to be served without stating his name.

Power of entry

9.—(1) The Commissioner or any officer appointed under this Act or any person acting under the direction of the Commissioner or such officer may at all reasonable times enter any building, land or premises for the purpose of —

(a)	inspection to determine whether any powers under this Act should be exercised; and
(b)	executing any work required to be executed by the Commissioner in respect of which a notice has been issued under section 4 and there has been a default in complying with such notice.

(2) Any person who obstructs the Commissioner or any officer appointed under this Act or any person acting under the direction of the Commissioner or such officer in the performance of any matter or thing which he is authorised to do by this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

Protection from liability for bona fide acts

10. No action shall lie against the Commissioner or any officer appointed under this Act or any person acting under the direction of the Commissioner or such officer in respect of any matter or thing done bona fide for the purpose of carrying out the provisions of this Act.

Rules

11.—(1) The Minister may make rules —

(a)	prescribing any matter which is required under this Act to be prescribed;
(b)	providing for proper standards of management and maintenance in respect of buildings and common property;
(c)	providing for the payment of deposits by any person erecting or constructing a building to ensure its proper management or maintenance and for the forfeiture of such deposits; and
(d)	generally for carrying out the purposes and provisions of this Act.

(2) Rules made under this section may —

(a)	make different provisions for different types of buildings and common property; and
(b)	contain such incidental or supplementary provisions as may appear to the Minister to be expedient.