Building Control Act 1989 · 2020 Revised Edition · Part 4A · Maintenance of Buildings
25E. Notices to maintain
Last amended by an amending law of 2026. 2 amendments in all.
Official textFrom Singapore Statutes Online, unchanged
The Commissioner of Building Control may issue a notice (called in this Act a notice to maintain) in respect of any building, any exterior feature of a building (whether or not common property or limited common property) or any common property or limited common property (whether or not a fixed installation) where, in the opinion of the Commissioner of Building Control —
Commissioner of Building Control
“Commissioner of Building Control”, in relation to this Act or any Part or provision of this Act, means any Commissioner of Building Control appointed under section 3(1) to be responsible for the operation of this Act or that Part or provision, as the case may be;
the building or the common property or limited common property has not been kept or maintained in a state of good and serviceable repair or in a proper and clean condition; or
in the case of an exterior feature of a building, the exterior feature has not been kept or maintained in such manner as to be securely fixed to the building and as will prevent any collapse (wholly or partly) of the exterior feature or its support.
A notice to maintain may require a person mentioned in subsection (4) who is served the notice to do all or any of the following:
to suspend the operation or use of the building, exterior feature of a building or the common property or limited common property (as the case may be) by any occupier or other person until after the Commissioner of Building Control otherwise approves;
to appoint an appropriate person to carry out (at the person’s cost) an inspection described in the notice, of the building, exterior feature of a building, or the common property or limited common property (as the case may be) and make recommendations on any measures or other building works reasonably necessary —
to ensure the proper maintenance in a state of good and serviceable repair or in a proper and clean condition of the building, or common property or limited common property; or
to prevent the occurrence or potential occurrence of collapse (wholly or partly) of the exterior feature or its support;
to repair or carry out work on or alter the building, exterior feature of a building, or the common property or limited common property (as the case may be) in the manner specified in the notice.
A notice to maintain must specify —
the time within which anything required to be done in subsection (2) must be completed; and
that anything required to be done in subsection (2) must be carried out with due diligence to the satisfaction of the Commissioner of Building Control.
A notice to maintain may be served on any of the following persons:
where the notice to maintain is made in respect of an exterior feature (whether or not common property or limited common property) —
on the person responsible for the exterior feature; or
on every occupier of the building on which the exterior feature is installed or forms part of, if the person in sub‑paragraph (i) cannot be found by reasonable inquiry;
for a notice to maintain made in respect of a fixed installation (whether or not common property or limited common property) —
on the fixed installation owner for that fixed installation; or
on the occupier of the building connected with that fixed installation if the person in sub‑paragraph (i) cannot be found by reasonable inquiry;
for a notice to maintain made in respect of a building that comprises 2 or more flats but is not subdivided, and where there are subsisting leases for those flats registered under the Registration of Deeds Act 1988 or the Land Titles Act 1993 —
on the registered lessee or registered proprietor (as the case may be) of every such flat; or
on the occupier of the flat if the persons in sub‑paragraph (i) cannot be found by reasonable inquiry;
for a notice to maintain made in respect of common property or limited common property (but not exterior features and fixed installations) erected on land comprised in a strata title plan —
on the management corporation having control of the common property, or the person receiving any rent or charge for the maintenance and management of that common property;
the subsidiary management corporation having control of the limited common property, or the person receiving any rent or charge for the maintenance and management of that limited common property; or
on the persons on whose behalf the common property is managed or on whose exclusive benefit the limited common property is designated, if the persons in sub‑paragraph (i) or (ii) cannot be found by reasonable inquiry;
for a notice to maintain made in respect of common property (but not exterior features and fixed installations) on land not comprised in a strata title plan —
on the person receiving any rent or charge for the maintenance of that common property, who may be every person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as owner of that common property; or
on the persons on whose behalf the common property is managed if the person in sub‑paragraph (i) cannot be found by reasonable inquiry;
where the notice to maintain is made in respect of any other building (but not exterior features and fixed installations) —
on the owner of the building; or
on every occupier of that building if the person in sub‑paragraph (i) cannot be found by reasonable inquiry.
Subject to subsection (6), a person on whom a notice to maintain is served under subsection (4) must take, so far as is reasonably practicable and at the person’s cost, such steps as are necessary to comply with the notice to maintain served.
Where an exterior feature or a fixed installation is installed on or forms part of a common boundary —
exterior feature
“exterior feature”, in relation to any building, means any permanent feature of a building that —(a)is installed on, forms part of or projects outwards from the roof or exterior of the building; and(b)is prescribed by building regulations;
between 2 or more buildings;
between 2 or more common properties; or
between a common property and a limited common property,and a notice to maintain is served under subsection (4) on the owners of the respective buildings or common properties, or of the common property and limited common property (as the case may be), each of the owners is jointly and severally responsible —
to take such steps as are necessary to comply with the notice to maintain served on the owner; and
to bear all costs incurred to comply with the notice.
Without limiting section 25G, a person who is required by subsection (5) or (6) to comply with a notice to maintain commits an offence if the person, without reasonable excuse, fails to comply with the notice.
A person who is guilty of an offence under subsection (7) 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 failure to comply, to a further fine not exceeding $250 for every day or part of a day during which the failure to comply continues after conviction.
Terms defined in this Act
building
Defined · s 2“building” means any permanent or temporary building or structure and includes —(a)a hut, shed or roofed enclosure;(b)an earth retaining or stabilising structure, whether permanent or temporary;(c)a dock, wharf or jetty;(ca)a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that —(i)is or is to be supported by water;(ii)is not intended for or useable in navigation; and(iii)is or is to be permanently moored;(d)a culvert, crossing, bridge, underpass or tunnel;(da)a fixed installation;(e)a sewage treatment plant, sewer, drain, swimming pool or any non‑proprietary type of concrete tank for the storage of any solid, liquid or gaseous product;(f)a shelter provided under the Civil Defence Shelter Act 1997; and(g)such other erection or structure (whether permanent or temporary) as the Minister may, by order in the Gazette, declare to be a building;
building works
Defined · s 2“building works” means —(a)the erection, extension or demolition of a building;(b)the alteration, addition or repair of a building;(c)the provision, extension or alteration of any air conditioning service or ventilating system in or in connection with a building,and includes any fixed installation works, and any site formation works connected with or carried out for the purpose of paragraph (a), (b) or (c);
Commissioner of Building Control
Defined · s 2“Commissioner of Building Control”, in relation to this Act or any Part or provision of this Act, means any Commissioner of Building Control appointed under section 3(1) to be responsible for the operation of this Act or that Part or provision, as the case may be;
common property
Defined · s 2“common property” has the meaning given by —(a)the Town Councils Act 1988 where the common property is comprised in a housing estate of the Housing and Development Board; or(b)the Building (Strata Management) Act 2004 in any other case;
exterior feature
Defined · s 2“exterior feature”, in relation to any building, means any permanent feature of a building that —(a)is installed on, forms part of or projects outwards from the roof or exterior of the building; and(b)is prescribed by building regulations;
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;
limited common property
Defined · s 2“limited common property” has the meaning given by the Building (Strata Management) Act 2004;
occupier
Defined · s 2“occupier”, in relation to any building, means the person in occupation of the building or having the charge, management or control thereof, either on the person’s own account or as agent of another, but does not include any lodger within the building;
person responsible
Defined · s 2“person responsible”, in relation to an exterior feature of a building, means —(a)the owner of the premises or building which the exterior feature is installed on, forms part of or projects outwards from, or a person who has charge and control of the management and maintenance of the exterior feature, unless otherwise provided by paragraph (b), (c) or (d);(b)subject to paragraph (c), where the exterior feature is part of any common property or limited common property —(i)in the case of common property of any housing estate of the Housing and Development Board — the Town Council established under the Town Councils Act 1988 for that housing estate or the contractor (if any) engaged by the Town Council and who has charge and control of the management and maintenance of the common property; or(ii)in the case of common property or limited common property of any other land (whether or not comprised in a strata title plan) — the owner of the common property or limited common property (as the case may be) or the managing agent (if any) appointed by the owner and who has charge and control of the management and maintenance of the common property or limited common property, unless otherwise provided by paragraph (d);(c)where the exterior feature is a window, grille or shutter that is part of a flat — the owner of that flat or other person who ordinarily has daily charge and control over the maintenance and use of such window, grille or shutter; or(d)any other person that may be prescribed under section 22C as the person responsible for the exterior feature;
registered
Defined · s 29M“registered” or “registration” means registered or registration under this Part authorising the person registered to carry on any registrable activity or a class of registrable activity specified in the registration;
registration
Defined · s 29M“registered” or “registration” means registered or registration under this Part authorising the person registered to carry on any registrable activity or a class of registrable activity specified in the registration;
strata title plan
Defined · s 2“strata title plan” has the meaning given by the Land Titles (Strata) Act 1967;
subsidiary management corporation
Defined · s 2“subsidiary management corporation”, in relation to any limited common property, means the subsidiary management corporation constituted for that limited common property under the Land Titles (Strata) Act 1967;
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Part 5
Inspection of Buildings and Building Façades
Part 5A
Licensing of Builders
Part 5B
Regulating Fixed Installation Contractors
Part 6