Singapore legislation

Clause 5

of Building Maintenance and Strata Management (Amendment) Bill

Clause 5

New section 6A

The principal Act is amended by inserting, immediately after section 6, the following section:“Recovery of expenses6A.—

(1)

All expenses incurred by the Commissioner in or about the execution of any repairs, work or alteration under section 6(4)(a), together with interest accruing in accordance with subsection (5), is recoverable from the person in default on the date on which the repairs, work or alteration are completed.(2) As from the date of the completion of the repairs, work or alteration, the expenses of and interest accrued due from the completion of the repairs, work or alteration is, until recovered, a first charge on the premises and on all estates and interests in the premises, exercisable against the premises and the estates and interests in the premises and all movable property or crops for the time being found on the premises, despite any change in the ownership or occupation of the premises subsequent to that date.(3) The Commissioner may certify under his hand the expenses due and the names of the persons liable for the expenses and may by such certificate apportion the expenses among those persons.(4) A copy of the certificate must be served upon each of those persons mentioned in subsection (3), but where no such persons may be found, the certificate is deemed to have been duly served if a copy of the certificate is posted at the office of the Commissioner and another copy is affixed to some conspicuous part of the premises in respect of which the expenses have been incurred.(5) Interest at the rate of 9% per annum from the expiry of one month after the date of service of a certificate under subsection (4) is recoverable as part of the expenses incurred by the Commissioner.(6) A certificate purporting to be under the hand of the Commissioner and to be made under subsection (3) and stating the amount claimed as due to the Commissioner and the persons liable for the payment of the amount is prima facie evidence of the facts certified in the certificate and of the signature of the Commissioner to the certificate.(7) If any sum or any part of the sum due to the Commissioner under this section remains unpaid at the expiration of one month commencing from the date of service of the certificate under subsection (4), or such further period as the Commissioner may allow, it is deemed to be arrears.”.