Singapore legislation

Section 126

of Building Maintenance and Strata Management Act 2004

Section 126

Monitoring powers of Commissioner

Amended by35/201735/201735/201735/201735/201735/201735/201735/2017

(1)

The Commissioner may by notice require an owner developer of a development, the relevant member in the council of any management corporation or the executive committee of any subsidiary management corporation, a managing agent or an employee of the managing agent or other person —

(a)

to produce for inspection, without fee or reward, by the Commissioner or a person authorised by the Commissioner, any such books, registers, documents or other records relating to the maintenance of buildings, the maintenance of a development before a strata title plan is registered for the development or the management of the management corporation or subsidiary management corporation (as the case may be) as the Commissioner may reasonably require for the purposes of the carrying out of his or her functions under this Act; or

(b)

to furnish the Commissioner, or a person authorised by the Commissioner, with such information or explanation relating to the maintenance of buildings, the maintenance of a development before a strata title plan is registered for the development or the management of the management corporation or subsidiary management corporation (as the case may be) as the Commissioner may reasonably so require,and to do so within a reasonable time specified in the notice.

Amended by35/2017

(2)

The Commissioner or a person authorised by the Commissioner may without fee or reward —

(a)

make copies of or extracts from, or records of any information contained in, any books, registers, documents or other records produced under subsection (1)(a); or

(b)

make copies of or extracts from or records of any information or explanation furnished under subsection (1)(b).

(3)

The Commissioner, or a person authorised in writing by the Commissioner, may enter at any reasonable time any building, common property or limited common property and having entered the building, common property or limited common property may do all or any of the following:

(a)

inspect any book, register, document or other records relating to —

(i)

the management of a management corporation or subsidiary management corporation;

(ii)

the maintenance of a development before a strata title plan is registered for the development; or

(iii)

the maintenance of any building;

(b)

make copies of, or records of any information contained in, any such books, registers, documents or other records;

(c)

carry out checks to ascertain whether there is, or has been, on or in connection with the building, common property or limited common property (as the case may be), a contravention of any requirement by or under this Act;

(d)

carry out checks to ascertain whether circumstances exist that would authorise the Commissioner or any person appointed by the Commissioner for this purpose to take any action or execute any work authorised or required by or under this Act;

(e)

take any action or execute any work, authorised or required by or under this Act.

Amended by35/2017

(4)

Where any records mentioned in subsection (1) or (3) are kept in electronic form, then —

(a)

the power of the Commissioner under subsection (1) to require the records to be produced for inspection includes power to require a copy of the records to be made available for inspection in legible form (and subsection (2)(a) applies accordingly in relation to any copy so made available); and

(b)

the power of any person (called in this subsection the inspector) under subsection (3) to inspect the records includes power to require any person in the building, on common property or limited common property in question to give the inspector the assistance the inspector reasonably requires to enable him or her —

(i)

to inspect and make copies of the records in legible form or to make records of information contained in them; or

(ii)

to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of the records.

Amended by35/2017

(5)

In addition to the powers conferred on him or her by subsections (1) and (2), the Commissioner or a person authorised by the Commissioner may require, by written order, the attendance before the Commissioner or authorised person of —

(a)

an owner developer of any development or an employee thereof, a managing agent or an employee of a managing agent, being within the limits of Singapore who, from any information given or otherwise obtained by the Commissioner, appears to be acquainted with the circumstances of the case; (b)the relevant member in the council of any management corporation or the executive committee of any subsidiary management corporation, any managing agent, or any employee thereof, who, from any information given or otherwise obtained by the Commissioner, appears to be acquainted with the circumstances of the case; or

(c)

any other person who, from any information given or otherwise obtained by the Commissioner, appears to be acquainted with the maintenance of a building or the circumstances of the case.

Amended by35/2017

(5A)

Any statement made by any person required under subsection (5) to attend before the Commissioner or authorised person must —

(a)

be reduced to writing;

(b)

be read over to the person;

(c)

if the person does not understand English, be interpreted for the person in a language that the person understands; and

(d)

after correction (if necessary) be signed by that person.

Amended by35/2017

(6)

Any person who —

(a)

refuses to give access to, or assaults, obstructs, hinders or delays, the Commissioner or a person authorised under this section (called in this subsection the authorised person) in the discharge of the duties by the Commissioner or authorised person under this Act;

(b)

without reasonable excuse, refuses to give any information or produce any book, register, document or copy thereof required of the person by the Commissioner or authorised person under subsection (1); or

(c)

without reasonable excuse, fails to comply with a lawful demand of the Commissioner or authorised person in the discharge by the Commissioner or authorised person of his or her duties under this section,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.

(7)

A person is not excused from giving any information required under this section on the ground that the giving of the information might tend to incriminate the person or expose the person to a punishment.

Amended by35/2017

(8)

Where a person claims, before giving any information that the person is required under this section to give, that the giving of the information might tend to incriminate the person —

(a)

that information;

(b)

the giving of the information; and

(c)

any information, document or thing obtained as a direct or indirect consequence of the giving of the information,is not admissible in evidence against the person in any criminal proceedings other than proceedings for an offence under section 127.

Amended by35/2017

(9)

The powers conferred under subsection (1), (2), (3) or (5) may only be exercised by the Commissioner (or, as the case may be, by a person authorised by the Commissioner) —

(a)

for ensuring that the provisions of this Act and the regulations with respect to any of the following are being complied with:

(i)

the maintenance of buildings;

(ii)

the maintenance of a development before a strata title plan is registered for the development;

(iii)

the management of management corporations or subsidiary management corporations;

(iv)

any approval, permit or authorisation required by or under this Act with respect to any matter in sub‑paragraph (i), (ii) or (iii); or

(b)

for investigating any offence under this Act or any regulations made under section 136.

Amended by35/2017