Building Control Act 1989 · 2020 Revised Edition · Part 3 · Retrofitting of Exterior Features and Fixed Installations
22AA. Duty to retrofit fixed installation
Last amended by an amending law of 2020.
Official textFrom Singapore Statutes Online, unchanged
Every fixed installation owner of a fixed installation must carry out, or cause to be carried out, retrofitting of the fixed installation, whether or not of a prescribed age, in accordance with this section.
fixed installation owner
“fixed installation owner”, for a fixed installation, means —(a)where the fixed installation is part of any common property of a housing estate of the Housing and Development Board —(i)the Town Council established under the Town Councils Act 1988 with the duty to maintain that common property in that housing estate; or(ii)where there is no such Town Council — the Board;(b)where the fixed installation is part of any common property or limited common property comprised in a strata title plan — the management corporation or subsidiary management corporation having control of the common property or limited common property (as the case may be) or the person receiving any rent or charge for the maintenance and management of that common property or limited common property, as the case may be;(c)where the fixed installation is part of any common property not comprised in a strata title plan and is not described in paragraph (a) or (c) — the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as the owner of the common property or a mortgagee in possession;(d)where the fixed installation is comprised in a lot of a subdivided building (whether or not in a strata title plan) and is not part of any common property — any person who is the registered proprietor or registered subsidiary proprietor (as the case may be) in the land-register under the Land Titles Act 1993 of the fee simple, estate in perpetuity or leasehold estate of that lot;(e)where the fixed installation is not in a subdivided building and is not part of any common property but is installed or operated in, or in connection with, a building — the owner of that building; or(f)in any other case — a person with a legal or beneficial interest in the fixed installation and who is prescribed in building regulations for that fixed installation or class of fixed installations to which that installation belongs,but excludes a supplier (or an agent of a supplier) of a fixed installation who, by reason only of a contract for the sale or installation of the fixed installation, retains the ownership of the fixed installation pending any payment of the price or other consideration for that sale or installation;
The retrofitting mentioned in subsection (1) must be —
completed within the time required by subsection (3); and
carried out by a person and in the manner prescribed under section 22C for the fixed installation concerned.
The time by which retrofitting of a fixed installation must be completed is —
fixed installation
“fixed installation” means any of the following machine-powered installations:(a)an escalator;(b)a lift;(c)a mechanised car parking system,and includes any supporting structure, machinery, equipment, apparatus and enclosure used or designed for use for operating a fixed installation;
the grace period prescribed for the fixed installation where —
there is no prescribed age for the fixed installation; or
the fixed installation is, on the applicable date for that fixed installation, of the prescribed age or older; or
the longer of the following periods, where the fixed installation is, on the applicable date for that fixed installation, below the prescribed age:
the grace period prescribed for that fixed installation;
the period starting on the applicable date for that fixed installation and ending immediately before the fixed installation attains the prescribed age.
A fixed installation owner who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and
in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
In any proceedings for an offence under subsection (4), it is a defence for an accused to prove, on a balance of probabilities, that the accused was not the fixed installation owner of the fixed installation —
at any time during the grace period prescribed for that fixed installation; or
before the fixed installation attained the prescribed age.
Terms defined in this Act
applicable date
Defined · s 22A“applicable date” means —(a)in relation to an exterior feature — the date prescribed under section 22C to be the applicable date for the class of exterior features to which that exterior feature belongs; and(b)in relation to a fixed installation — the date prescribed under section 22C for the class of fixed installations to which that fixed installation belongs;
fixed installation
Defined · s 2“fixed installation” means any of the following machine-powered installations:(a)an escalator;(b)a lift;(c)a mechanised car parking system,and includes any supporting structure, machinery, equipment, apparatus and enclosure used or designed for use for operating a fixed installation;
fixed installation owner
Defined · s 2“fixed installation owner”, for a fixed installation, means —(a)where the fixed installation is part of any common property of a housing estate of the Housing and Development Board —(i)the Town Council established under the Town Councils Act 1988 with the duty to maintain that common property in that housing estate; or(ii)where there is no such Town Council — the Board;(b)where the fixed installation is part of any common property or limited common property comprised in a strata title plan — the management corporation or subsidiary management corporation having control of the common property or limited common property (as the case may be) or the person receiving any rent or charge for the maintenance and management of that common property or limited common property, as the case may be;(c)where the fixed installation is part of any common property not comprised in a strata title plan and is not described in paragraph (a) or (c) — the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as the owner of the common property or a mortgagee in possession;(d)where the fixed installation is comprised in a lot of a subdivided building (whether or not in a strata title plan) and is not part of any common property — any person who is the registered proprietor or registered subsidiary proprietor (as the case may be) in the land-register under the Land Titles Act 1993 of the fee simple, estate in perpetuity or leasehold estate of that lot;(e)where the fixed installation is not in a subdivided building and is not part of any common property but is installed or operated in, or in connection with, a building — the owner of that building; or(f)in any other case — a person with a legal or beneficial interest in the fixed installation and who is prescribed in building regulations for that fixed installation or class of fixed installations to which that installation belongs,but excludes a supplier (or an agent of a supplier) of a fixed installation who, by reason only of a contract for the sale or installation of the fixed installation, retains the ownership of the fixed installation pending any payment of the price or other consideration for that sale or installation;
grace period
Defined · s 22A“grace period” means —(a)in relation to an exterior feature — the grace period prescribed under section 22C for the class of exterior features to which that exterior feature belongs, being a period starting on the applicable date for that exterior feature; and(b)in relation to a fixed installation — the grace period prescribed under section 22C for the class of fixed installations to which that fixed installation belongs, being a period starting on the applicable date for that fixed installation;
prescribed
Defined · s 29A“prescribed” means prescribed in the regulations made under section 29L.
prescribed age
Defined · s 22A“prescribed age” means —(a)in relation to an exterior feature — the age prescribed under section 22C to be the prescribed age for a class of exterior features to which the exterior feature belongs; and(b)in relation to a fixed installation — the age prescribed under section 22C to be the prescribed age for a class of fixed installations to which the fixed installation belongs.
Spot a mistake in this text? Suggest a correction.
Part 3A
Disability and Other Performance Requirements for Buildings
Part 3B
Environmental Sustainability Measures for Existing Buildings
Part 4
Dangerous Buildings and Occurrences
Part 4A
Maintenance of Buildings
Part 5
Inspection of Buildings and Building Façades
Part 5A
Licensing of Builders
Part 5B
Regulating Fixed Installation Contractors
Part 6