Housing and Development (Common Property and Open Spaces) Rules

Housing and Development Act

(Chapter 129, Section 27(1))

Housing and Development
(Common Property and Open Spaces) Rules

R 3

G.N. No. S 319/1988

REVISED EDITION 1999

(1st January 1999)

[21st October 1988]

Citation

1. These Rules may be cited as the Housing and Development (Common Property and Open Spaces) Rules.

Definitions

2.—(1) In these Rules, unless the context otherwise requires —

“common property” means so much of the developed land vested in or held in trust for the Board as is not comprised in the flats and includes —

(a)	the foundations, columns, beams, supports, walls, roofs, lobbies, corridors, stairs, stairways, fire escapes, entrances and exits of the buildings;
(b)	the roof and storage spaces;
(c)	the central and appurtenant installations for services such as power, light and water;
(d)	escalators, lifts, water-tanks, pumps, motor, fans, compressors, ducts and all other apparatus and installations existing for common use;
(e)	all the common facilities in the housing estate built for the use or enjoyment of all the residents of the estate;
(f)	car parks, recreational facilities, gardens and parking areas; and
(g)	all other parts of the land intended for the use or enjoyment of all the residents of the housing estate;

“housing estate” means any housing estate built on any land vested in or held in trust for the Board;

“HUDC housing estate” means any housing estate built on any of the parcels of land which are more particularly described in the First Schedule to the HUDC Housing Estates Act (Cap. 131);

“park” means to bring a vehicle to a stationary position and cause it to remain there for any purpose;

“parking place” shall have the meaning assigned to it in the Parking Places Act (Cap. 214);

“sign” includes all signals, warning sign posts, direction posts, banners and advertisements;

“vehicle” means a vehicle, whether mechanically propelled or not, intended or adapted for use on the road.

(2) These Rules shall not apply to any HUDC housing estate.

(3) Nothing in these Rules shall prohibit officers or employees of the Board acting in the discharge of their duties or any person acting with the approval of the Board from doing any act prohibited by these Rules.

No parking, dumping and erecting fixtures, etc.

3. No person shall —

(a)	park any vehicle on any common property or in any open space within a housing estate except in a parking place;
(b)	place, deposit, keep or leave or cause or permit to be placed, deposited, kept or left any material, article, object or thing on any common property or in any open space within a housing estate except in any place designated by the Board for that purpose; or
(c)	erect or instal any fixture, structure, object or material on any common property or in any open space within a housing estate.

Power to remove vehicles

3A.—(1) Where a vehicle is parked on any common property or in any open space in contravention of any of the provisions of these Rules, the Chief Executive Officer or any officer authorised by the Board may remove the vehicle to a place of safety and detain it thereat.

(2) Where any vehicle has been removed and detained under paragraph (1), the Chief Executive Officer or any officer authorised by the Board shall, with all reasonable despatch, give notice in writing to the owner of the vehicle or the person who has lawful possession of the vehicle of the removal and detention of the vehicle and such person may, on payment of all fines and charges imposed under these Rules and any expense incurred by the Board in respect of the removal and detention of the vehicle, claim possession of the vehicle within 30 days of the removal.

(3) No vehicle which has been removed and detained under paragraph (1) shall be released except —

(a)	by or under the direction of the Chief Executive Officer or any officer authorised by the Board; and
(b)	upon the owner of the vehicle or the person who has lawful possession of the vehicle having paid all fines and charges imposed under these Rules and any expense incurred by the Board in respect of the removal and detention of the vehicle.

Board may require removal of abandoned vehicle

4.—(1) Where any vehicle has broken down or been permitted to remain at rest on any common property or in any open space within a housing estate, in such a position or in such a condition or in such circumstances as to appear to the Chief Executive Officer of the Board to have been abandoned without lawful authority, an officer authorised by the Board may by notice in writing require the owner of the vehicle or any person having lawful possession of the vehicle to remove the vehicle and the owner or the person having lawful possession of the vehicle shall pay all expenses incurred.

(2) Where the owner of the vehicle or the person in lawful possession of the vehicle fails to comply with the notice mentioned in paragraph (1), the Board may remove the vehicle to a place of safety and the owner of the vehicle or person having lawful possession of the vehicle shall pay all expenses incurred by the Board.

Repairing, painting, etc., of vehicles

5. No person shall repair, paint, spray, test or service or cause or permit to be repaired, painted, sprayed, tested or serviced any vehicle on any common property or in any open space within a housing estate.

Obstruction of common property

6.—(1) No person shall obstruct or cause or permit to be obstructed the lawful use of any common property of the Board with any object, fixture or thing.

(2) The Board may remove any object, fixture or thing obstructing the lawful use of any common property of the Board.

(3) The Board shall immediately give written notice to the owner or the person having lawful possession of the object, fixture or thing removed and detained by the Board that he may, on payment of the expenses incurred by the Board, claim possession from the Board within 30 days of such removal and detention.

(4) If the object, fixture or thing removed and detained by the Board is not claimed by the owner or person having lawful possession thereof within 30 days of the removal and detention, the Board may dispose of it by public auction or otherwise and apply the proceeds of the sale to the expenses incurred by the Board in the removal and detention and the surplus, if any, shall be paid to the owner or person having lawful possession thereof.

Obstruction of rubbish chutes

7. No person shall throw or deposit or cause or permit to be thrown or deposited into any refuse chute in a building in a housing estate any object, material, thing or article which will or is likely to choke, clog or obstruct the free fall of refuse in the chute or cause any nuisance, annoyance or inconvenience to other occupiers in the building.

Damage to soil, turf, plant, shrub or tree

8.—(1) No person shall remove, cut, damage or dispose of any soil, turf, plant, shrub or tree or part thereof situated on any common property or in any open space within a housing estate.

(2) No person shall pick a shrub or plant or part thereof situated on any common property or in any open space within a housing estate.

Diversion of water supply

9. No person shall draw or divert or take any water from any water supply situated on the common property.

Display of signs

10. No person shall display any sign on any common property or in any open space within a housing estate.

Use of ponds and lakes maintained by Board

11. No person shall bathe, wade, wash, swim, fish in, or cause or permit any animal to enter or remove anything from, any pond or lake maintained by the Board.

Damage to Board’s property

12.—(1) No person shall remove, destroy or damage any property of the Board.

(2) No person shall remove earth or soil from any land belonging to the Board.

(3) The costs and expenses including administrative costs incurred by the Board in restoring the damaged property to its condition before such damage or destruction or in replacing earth, soil or any other property that has been removed shall constitute a debt due to the Board and shall be recoverable as such.

Penalty

13. Any person who contravenes or fails to comply with any of the provisions of these Rules shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

[S 398/2000 wef 01/09/2000]

Search within Legislation