Singapore legislation
Clause 114
Clause 114
Representation by Health Officer
(1)
If a Health Officer finds that any building, although not in itself unfit for human habitation, is so situated that by reason of its proximity to or contact with any other buildings —
it stops or impedes ventilation or otherwise makes or conduces to make such other buildings to be in a condition unfit for human habitation or dangerous or injurious to health; or
it prevents proper measures from being carried into effect for remedying any nuisance injurious to health or other evils complained of in respect of such other buildings.the Health Officer shall make representation to the Director regarding such first-mentioned building, in this Part of this Ordinance referred to as “an obstructive building”, stating that in his opinion it is expedient that the obstructive building should be pulled down.
(2)
The Director on receiving any such representation as above in this section mentioned shall call for a report respecting the circumstances of the building and the cost of pulling down the building and acquiring the land.
(3)
On receiving such report the Director shall take into consideration the representation and the report and, if he decides to proceed, shall cause a copy of both the representation and the report to be given to the owner of the obstructive building with notice of the time and place appointed by the Director for the consideration thereof.
(4)
Such owner may attend and state his objections, and after hearing such objections the Director shall make an order either allowing the objection or directing that such obstructive building shall be pulled down.
(5)
Any person aggrieved by an order of the Director under this section may, within fourteen days after notice of the order has been served upon him, appeal to the Minister and no work shall be done nor proceedings taken under such order until after the appeal is determined.
(6)
The person aggrieved shall be heard by himself or by counsel and the Director shall be heard by himself or by a person appointed by him or by counsel.
(7)
Where an order of the Director for pulling down an obstructive building is made under this section and either no appeal is made against the order or an appeal is made and either fails or is abandoned, the Government may purchase the land on which the obstructive building is erected.
(8)
Such order shall have the like effect with respect to such building as a declaration under section 5 of the Land Acquisition Ordinance (Cap. 248) and the obstructive building and the land on which it is erected may be acquired and paid for in accordance with that Ordinance and any other written law for the time being in force governing the acquisition of land for public purposes.
(9)
The owner may, within one month after notice has been given as provided by section 8 of the Land Acquisition Ordinance, declare that he desires to retain the site of the obstructive building and undertakes either to pull down or to permit the Director to pull down the obstructive building, and in such case the owner shall retain the site and shall receive compensation from the Government for the pulling down of the obstructive building.
(10)
Such compensation shall, in all cases where the amount claimed does not exceed one thousand dollars, be ascertained in the manner provided by section 152 of this Ordinance but in all other cases shall be ascertained and paid for in accordance with the Land Acquisition Ordinance and any other written law for the time being in force governing the acquisition of land for public purposes.
(11)
Where the owner retains the site or any part thereof, no house or other building or erection which will be an obstructive building within the meaning of this section shall be erected upon such site or any part thereof, and the Chief Building Surveyor shall not approve of the plan of any building to be erected upon such site which will be an obstructive building within the meaning of this section.
(12)
Where the lands are acquired or purchased by the Government, the Director shall cause to be pulled down the obstructive building or such part thereof as is obstructive within the meaning of this section and keep as an open space the whole site or such part thereof as is required to be kept open for the purpose of remedying the nuisance or other evils caused by such obstructive building and the Minister may, upon such terms as he thinks expedient, sell, exchange or lease such portion of the site as is not required for the purpose of carrying this section into effect.
(13)
In particular the Minister may insert in any grant or lease of any part of the site provisions binding the grantee or lessee to build thereon as in the grant or lease prescribed and to maintain and repair the building and prohibiting the erection of buildings and any addition to or alteration of the character of the building without the consent of the Director and for the reverting of the land to the Government or its re-entry thereon in case of breach of any grant or lease subject to section 18 of the Conveyancing and Law of Property Ordinance (Cap. 243).
(14)
The Minister may, where he so thinks fit, dedicate any land acquired by the Government under the authority of this section as a highway or other public place.