Singapore legislation

Section 37

of Building Control Act 1989

Section 37

Recovery of costs and expenses payable by owners

(1)

All expenses incurred by the Commissioner of Building Control in or about the execution of any work pursuant to any provision of this Act, together with interest accruing in accordance with subsection (3), are recoverable from the person who is the owner of the premises on the date on which the works are completed.

(1A)

As from the date of the completion of the work, the expenses and interest accrued due thereon are, until recovered, a first charge on the premises and on all estates and interests therein, exercisable against the premises and the estates and interests therein and all movable property or crops for the time being found thereon, despite any change in the ownership or occupation of the premises subsequent to that date.

(2)

The Commissioner of Building Control may certify under his or her hand the expenses due and the names of the persons liable therefor and may by that certificate apportion the expenses among those persons.

(2A)

A copy of the certificate must be served upon each of those persons mentioned in subsection (2), but where no such persons may be found, the certificate is deemed to have been duly served if a copy thereof is posted at the office of the Commissioner of Building Control and another copy is affixed to some conspicuous part of the premises in respect of which the expenses have been incurred.

(3)

Interest at the rate of 9% per annum from the expiry of one month from the date of service of a certificate under subsection (2A) is recoverable as part of the expenses incurred by the Commissioner of Building Control.

(4)

A certificate purporting to be under the hand of the Commissioner of Building Control and to be made under subsection (2) and setting forth the amount claimed as due to the Commissioner of Building Control and the persons as liable for the payment thereof is prima facie evidence of the facts certified therein and of the signature of the Commissioner of Building Control thereto.

(5)

If any sum or any part thereof due to the Commissioner of Building Control under this Act remains unpaid at the expiry of one month commencing from the date of service of the certificate under subsection (2A), or any further period as the Commissioner of Building Control may allow, it is deemed to be arrears.