Singapore legislation

Section 37

of Building Maintenance and Strata Management Act 2004

Section 37

Improvements and additions to lots

Amended by35/201735/201735/2017

(1)

Except pursuant to an authority granted under subsection (2), a subsidiary proprietor of a lot that is comprised in a strata title plan must not effect any improvement in or upon the lot for the subsidiary proprietor’s benefit which increases or is likely to increase the floor area of the land and building comprised in the strata title plan.

(2)

A management corporation may, at the request of a subsidiary proprietor of any lot comprised in its strata title plan and on the terms it considers appropriate, by 90% resolution, authorise the subsidiary proprietor to effect any improvement in or upon the subsidiary proprietor’s lot mentioned in subsection (1).

(2A)

To avoid doubt, subsections (1) and (2) do not affect the operation of the Planning Act 1998, or any requirement under that Act for written permission for any improvement in or upon a lot which increases or is likely to increase the floor area of the land and building comprised in the strata title plan.

Amended by35/2017

(3)

Except pursuant to an authority granted under subsection (4) by the management corporation or permitted under section 37A, a subsidiary proprietor of a lot that is comprised in a strata title plan must not effect any other improvement in or upon the lot for the subsidiary proprietor’s benefit which affects the appearance of any building comprised in the strata title plan.

Amended by35/2017

(4)

A management corporation may, at the request of a subsidiary proprietor of any lot comprised in its strata title plan and upon such terms as it considers appropriate, authorise the subsidiary proprietor to effect any improvement in or upon the subsidiary proprietor’s lot mentioned in subsection (3) if the management corporation is satisfied that the improvement in or upon the lot —

(a)

will not detract from the appearance of any of the buildings comprised in the strata title plan or will be in keeping with the rest of the buildings; and

(b)

will not affect the structural integrity of any of the buildings comprised in the strata title plan.

(4A)

Where the management corporation for a strata title plan is satisfied that an improvement in or upon a lot comprised in the strata title plan is effected in contravention of subsection (1) or (3), the management corporation may, by written notice given to the subsidiary proprietor of the lot (whether or not the subsidiary proprietor is responsible for the contravention) require the subsidiary proprietor to carry out and complete, at the subsidiary proprietor’s own cost, any works or alteration to the lot to remedy the breach within a reasonable time specified in the notice.

Amended by35/2017

(5)

In this section, in relation to any land and building comprised in a strata title plan, “floor area” has the meaning given by the Planning (Development Charges) Rules.