Singapore legislation

Clause 2

of Buildings and Common Property (Maintenance and Management) (Amendment) Bill

Clause 2

Amendment of section 2

Section 2 of the Buildings and Common Property (Maintenance and Management) Act, 1973 (referred to in this Act as the principal Act) is amended —

(a)

by deleting the definition of “common property” and substituting the following definitions: —“ “common property” —

(a)

in relation to any building comprised in any strata title plan, shall have the meaning assigned to it in the Land Titles (Strata) Act (Cap. 277);

(b)

in relation to any land where planning permission has been granted for its development and intended strata division after the completion of any building or part thereof on the land, means any part of the building not comprised in any flat and the fixtures and fittings (including lifts), refuse chutes, refuse bin compounds, drains, sewers, pipes, wires, cables and ducts, the exterior of all common parts of the building, playing fields, driveways, car parks, open spaces, landscaped areas, walls and fences and all other facilities and installations used or capable of being used or enjoyed in common by all the occupiers of the building; and

(c)

in relation to any other land where one or more buildings are erected thereon, includes fixtures and fittings (including lifts), refuse chutes, refuse bin compounds, drains, sewers, pipes, wires, cables and ducts, the exterior of all common parts of the building, playing fields, driveways, car parks, open spaces, landscaped areas, walls and fences and all other facilities and installations used or capable of being used or enjoyed in common by all the occupiers of the building;“developer” means any person who has obtained the approval of the competent authority to develop any land pursuant to section 9 of the Planning Act (Cap. 279) and includes his executors, administrators and successors in title or assigns;“development” means any land on which any building is constructed or is in the course of construction;“flat” means a horizontal stratum of any building or part thereof, whether such stratum is on one or more levels or is partially or wholly below the surface of the ground, which is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose;“maintenance fund” means the maintenance fund for a development established by a developer pursuant to section 7A;”;

(b)

by deleting the words “section 21” in the definition of “owner” and substituting the words “section 31”; and

(c)

by inserting, immediately after the definition of “owner”, the following definition: —“ “stratum” means any part of land consisting of a space of any shape below, on or above the surface of the land, or partly below and partly above the surface of the land, the dimensions of which are delineated.”.