Building Control Act 1989 · 2020 Revised Edition · Part 4A · Maintenance of Buildings
25G. Recovery of Commissioner’s expenses, etc.
Last amended by an amending law of 2020.
Official textFrom Singapore Statutes Online, unchanged
Where a person who is required by section 25E(5) or (6) to comply with a notice to maintain fails to do so, the Commissioner of Building Control may do all or any of the following:
direct the person to deposit (within such period as the Commissioner of Building Control may specify, being at least 7 days after the direction is served) such amount with the Commissioner of Building Control as the Commissioner of Building Control considers necessary for the purpose of paragraph (b);
carry out, or cause to be carried out, all or any of the repairs, work or alteration specified in the notice to maintain.
All expenses reasonably incurred by the Commissioner of Building Control in relation to the execution of any repairs, work or alteration under subsection (1)(b) in respect of a 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) —
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;
are recoverable from the person in default starting the date on which those repairs, work or alteration are completed; and
without affecting any other rights of the Building and Construction Authority, shall be a first charge on that building, despite any change in the ownership or occupation of the building or common property (as the case may be) after that date, when in arrears.
The Commissioner of Building Control —
may certify the expenses due under this section and the names of the persons liable for the expenses; and
may apportion the expenses among the persons named in the certificate.
Subject to subsection (5), a copy of the certificate mentioned in subsection (3) must be served on every person named in the certificate.
Where any person named in the certificate mentioned in subsection (3) cannot be found by reasonable inquiry, the certificate is deemed to have been duly served on that person if —
a copy of the certificate is posted at the office of the Commissioner of Building Control; and
another copy of the certificate is affixed to a conspicuous part of the building in respect of which the expenses had been incurred.
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 of Building Control.
If any sum or any part of the sum due to the Commissioner of Building Control under this section remains unpaid at the end of one month starting from the date the certificate under subsection (4) is served, or such further period as the Commissioner of Building Control may allow, it is deemed to be arrears.
A certificate purporting to be made under subsection (3) by the Commissioner of Building Control is prima facie evidence of the facts certified in the certificate and that the Commissioner of Building Control had made the certificate.
The Commissioner of Building Control must refund the deposit or any part of the deposit, after deducting any costs and expenses reasonably incurred by the Commissioner of Building Control, if the repairs, work or alteration required to be executed by the notice to maintain have been executed to the satisfaction of the Commissioner of Building Control.
Terms defined in s 2
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 and Construction Authority
Defined · s 2“Building and Construction Authority” means the Building and Construction Authority established under section 3 of the Building and Construction Authority Act 1999;
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;
limited common property
Defined · s 2“limited common property” has the meaning given by the Building (Strata Management) Act 2004;
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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