Singapore legislation

Section 26

of Building Control Act 1989

Section 26

Interpretation of this Part

Amended by34/200447/200422/20124/2021

(1)

In this Part —

Amended by34/200447/200422/20124/2021

Definition

“owner” —

(a)

in relation to a subdivided building comprised in a strata title plan under the Land Titles (Strata) Act, means —

(i)

the management corporation having control of the common property of the building, or the person receiving any rent or charge for the maintenance and management of that common property; and

(ii)

in relation to any limited common property of the building, the subsidiary management corporation established under the Building Maintenance and Strata Management Act 2004 having control of the limited common property, or the person receiving any rent or charge for the maintenance and management of that limited common property;

(b)

in relation to any subdivided building which is not comprised in a strata title plan under the Land Titles (Strata) Act, means —

(i)

in relation to the common property of residential and commercial property in any housing estate of the Housing and Development Board, that Board; and

(ii)

in relation to the common property of any other subdivided building, every person who is a registered proprietor in the land‑register under the Land Titles Act 1993 of the fee simple, estate in perpetuity or leasehold estate of a lot in that building, or the person receiving any rent or charge for the maintenance and management of the common property of the building;

(c)

in relation to any premises which are not subdivided, means any person who is the registered proprietor of the fee simple, estate in perpetuity or leasehold estate of those premises in the land‑register under the Land Titles Act 1993; and

(d)

where paragraphs (a), (b) and (c) do not apply, means the person for the time being receiving the rent of the premises or building, whether on his own account or as agent or trustee or as receiver, or who would receive the same if the premises or building were let to a tenant and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as the owner of the premises or building, or a mortgagee in possession;

Definition

“special building” means any building of which not less than 90% of its floor area is used solely for residential purposes, and in this definition, “floor area” means the total area of floor space within the building measured between party walls including the thickness of external walls;

Definition

“structural engineer” means a person who is registered under the Professional Engineers Act 1991 in the civil or structural engineering discipline and who has in force a practising certificate issued under that Act authorising him or her to engage in civil or structural engineering work.

Amended by34/200447/200422/20124/2021

(2)

For the purposes of this Part, a building which is physically connected with another building —

(a)

must although so connected, be treated as a separate building if it is so constructed as to be capable of remaining in position and being used independently of the other building or as to require only minor modification as to render it so capable; and

(b)

must not be treated as other than a separate building merely because it is so connected with the other building at or below ground level or by means of a bridge or similar structure (whether affording access or accommodation to both).