Singapore legislation

Section 42

of Building Control Act 1989

Section 42

Service of documents

Amended by47/200722/201222/201222/201222/201222/201222/2012

(1)

Any notice, order or document required or authorised to be served under this Act (including any subsidiary legislation made under this Act) is deemed to be sufficiently served —

(a)

by delivering a copy thereof personally or by leaving it with any adult person at the last known place of abode of the person on whom the notice, order or document is to be served;

(b)

by leaving it at the usual or last known place of abode or business of the person on whom the notice, order or document is to be served in a cover addressed to that person or by posting it upon a conspicuous part of those premises;

(c)

by sending it by registered post addressed to the person on whom the notice, order or document is to be served at that person’s usual or last known place of abode or business; (ca)by sending it by fax to the fax number operated at the usual or last known address of the place of residence or business of the individual, or the last fax number given to the Commissioner of Building Control by the individual as the fax number for the service of documents on the individual; or

(d)

in the case of an incorporated company, a partnership or a body of persons —

(i)

by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; (ii)by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business; or

(iii)

by sending it by fax to the fax number operated at the registered office or principal place of business of the company, partnership or body of persons.

Amended by47/200722/2012

(1A)

Any notice or document (other than an order) required or authorised to be served under this Act (including any subsidiary legislation made under this Act) is, in addition to any mode of service under subsection (1), deemed to be sufficiently served —

(a)

by sending it by ordinary post addressed to the person on whom the notice or document is to be served at the person’s usual or last known place of abode or business;

(b)

by electronic communication, by sending an electronic communication of the notice or document to the last email address given to the Commissioner of Building Control by the individual as the email address for the service of documents on the individual; or

(c)

in the case of an incorporated company, a partnership or a body of persons —

(i)

by sending it by ordinary post addressed to the company, partnership or body of persons at its registered office or principal place of business; or

(ii)

by electronic communication, by sending an electronic communication of the notice or document to the last email address given to the Commissioner of Building Control by the company, partnership or body of persons as the email address for the service of documents on it.

Amended by22/2012

(2)

Any notice, order or document required or authorised to be served under this Act on the owner or occupier of any premises or building is also deemed to be sufficiently served by delivering a copy thereof personally to any adult person on the premises or building or, if there is no such person to whom it can with reasonable diligence be delivered, by affixing the notice, order or document to a conspicuous part of the premises or building.

(3)

Any notice, order or document required or authorised by this Act to be served on the owner or the occupier of any premises is deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of the premises without further name or description.

(4)

Any notice, order or document to be issued by the Commissioner of Building Control under this Act or any subsidiary legislation made under this Act may be issued in any form that the Commissioner of Building Control may determine and every such notice, order or document is valid if the signature of the Commissioner of Building Control or any officer authorised under this Act is duly printed or written thereon.

Amended by22/2012

(5)

Where any notice, order or other document to be served on any person is —

(a)

sent by fax to the fax number operated at the last known place of residence or business or registered office or principal place of business in accordance with subsection (1) — it is deemed to be duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal place of business, as the case may be;

(b)

sent by registered post to any person in accordance with subsection (1) — it is deemed to be duly served on the person at the time when it would, in the ordinary course of post, be delivered, whether or not it is returned undelivered, and in proving service of the notice, order or document, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post;

(c)

sent by ordinary post to any person in accordance with subsection (1A) — it is deemed to be duly served on the person to whom it is addressed on the day succeeding the day on which it would, in the ordinary course of post, be delivered; and

(d)

sent by electronic communication to an email address in accordance with subsection (1A) — it is deemed to be duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address.

Amended by22/2012

(6)

Service of any notice or document under this Act on a person by electronic communication may be effected only if the person gives as part of the person’s address for service an email address.

Amended by22/2012

(7)

This section does not apply to notices, orders or documents to be served in proceedings in court.

Amended by22/2012
Section 42 — Building Control Act 1989 | laws.sg