In forceAmended2020 Revised Edition

Contents

Building (Strata Management) Act 2004 · 2020 Revised Edition · Part 8 · General

136. Regulations

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Amended

Last amended by an amending law of 2020. 2 amendments in all.

(1)

The Minister may make regulations for carrying out the purposes and provisions of this Act.

(2)

Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters:

(a)

providing for proper standards of management and maintenance in respect of subdivided buildings, any common property and limited common property;

(aa)

[Deleted by Act 12 of 2020 wef 01/10/2025]

(ab)

applying for approval from the Commissioner under section 18(1) of the maximum rate of maintenance charges for a development;

(b)

the nomination and election of members of the council of a management corporation or the executive committee of a subsidiary management corporation;

(c)

the minimum amount of contributions payable by subsidiary proprietors towards any sinking fund of a management corporation or subsidiary management corporation;

(d)

the investment of moneys belonging to a sinking fund of a management corporation or subsidiary management corporation;

(e)

the provision of parking places for the exclusive use of residents of lots in subdivided buildings used for both residential and commercial purposes;

(f)

the fees to be paid to management corporations or subsidiary management corporations for anything to be done under this Act;

(g)

the fees to be paid in respect of any matter or thing required for the purposes of this Act, including approvals, permits or licences required under this Act and the refund and remission, whether in whole or in part, of the fees;

(h)

the practice and procedure of the Strata Titles Boards; (ha)providing for or with respect to the means of voting (other than in person) at a general meeting that may be adopted by a management corporation or subsidiary management corporation, and the procedures for voting by those means;

(i)

any other matter which by this Act is required or permitted to be prescribed or is necessary or convenient to be prescribed for carrying out or giving effect to any provision of this Act.

(3)

Regulations made under this section may make different provisions for different types of buildings, common property and limited common property.

(4)

The Minister may, in making any regulations under subsection (1), provide that —

(a)

any contravention of any provision of the regulations relating to the maintenance of lifts and escalators, or incidents or accidents involving lifts or escalators, shall be an offence punishable with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both; or

(b)

any contravention of any provision of any other regulations made under that subsection shall be an offence punishable with a fine not exceeding $5,000.

(5)

Any regulations made under subsection (1) relating to the maintenance of lifts and escalators may apply, adopt or incorporate by reference —

(a)

either wholly or partially;

(b)

with or without modification; or

(c)

either specifically or by reference,any matter contained in any code, standard, rule, requirement, specification or other document, as in force or published at a particular time or as in force or published from time to time, which relates to any matter that those regulations deal with.

(6)

Unless otherwise provided in the regulations made under subsection (1), every material so applied, adopted or incorporated under subsection (5), and every amendment to any material so incorporated by reference under subsection (5) that is made by the person or organisation originating the material is, subject to subsections (7) and (8), to be treated as being a part of those regulations.

(7)

Where any material mentioned in subsection (5) is applied, adopted or incorporated by reference in any regulations made under subsection (1) relating to the maintenance of lifts and escalators, the Minister must give notice in the Gazette stating —

(a)

that the material is incorporated in those regulations, and the date on which the relevant provision in those regulations was made;

(b)

that the material is available for inspection without charge during working hours;

(c)

the place where the material can be inspected;

(d)

that copies of the material can be purchased, and the place where the material can be purchased; and

(e)

if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.

(8)

In addition, the Minister must cause a copy of every material applied, adopted or incorporated in regulations made under subsection (1) relating to the maintenance of lifts and escalators by reference under subsection (5), to be made available for inspection by members of the public without charge at any of the offices of the Building and Construction Authority during normal office hours.

(9)

In this section, “modification” includes omissions, additions and substitutions.

Terms defined in s 2

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;
Open s 2
Commissioner
Defined · s 2
“Commissioner” means the Commissioner of Buildings appointed under section 3(1), and includes any other officer appointed under section 3(3) to exercise the powers or perform the duties imposed on the Commissioner;
Open s 2
common property
Defined · s 2
“common property”, subject to subsection (9), means —(a)in relation to any land and building comprised or to be comprised in a strata title plan, such part of the land and building —(i)not comprised in any lot or proposed lot in that strata title plan; and(ii)used or capable of being used or enjoyed by occupiers of 2 or more lots or proposed lots; (b)in relation to any other land and building, such part of the land and building —(i)not comprised in any non-strata lot; and(ii)used or capable of being used or enjoyed by occupiers of 2 or more non‑strata lots within that land or building; or (c)in relation to any land and building mentioned in paragraph (a) or (b), any of the following whether or not comprised in a lot, proposed lot or non‑strata lot:(i)the pipes, wires, cables or ducts which are used, or capable of being used or enjoyed, by occupiers of 2 or more lots, proposed lots or non‑strata lots (as the case may be) within that land or building, or are used or capable of being used for the servicing or enjoyment of the common property;(ii)the cubic space enclosed by a structure enclosing pipes, wires, cables or ducts mentioned in sub‑paragraph (i);(iii)any structural element of the building;(iv)the waterproof membrane attached to an external wall or a roof;Examples(a)A foundation, load‑bearing wall, column or beam, a shear core, strut, ground anchor, slab (not including any layer that is the underlayment or the flooring finishing), truss and common staircase.(b)An external wall, or a roof or façade of a building which is used or enjoyed, or capable of being used or enjoyed, by occupiers of 2 or more lots, proposed lots or non‑strata lots.(c)A garden, sporting or recreational facility, car park or parking area for other vehicles, none of which are comprised in a lot, proposed lot or non‑strata lot.(d)A central air conditioning system and its appurtenances, and a fire sprinkler protection system and its appurtenances.(e)Any chute, pipe, wire, cable, duct or facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating or cooling systems, or any other similar services.
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council
Defined · s 2
“council”, in relation to a management corporation, means the council of that management corporation;
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development
Defined · s 2
“development” means any parcel on which any building is being or to be constructed;
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executive committee
Defined · s 2
“executive committee”, in relation to a subsidiary management corporation, means the executive committee of that subsidiary management corporation;
Open s 2
limited common property
Defined · s 2
“limited common property” means such part of the common property in a parcel that is —(a)in the case of common property to be comprised in a strata title plan — designated in the sale and purchase agreement of any proposed lot in the parcel for the exclusive benefit of the purchasers of 2 or more (but not all) of those proposed lots in the parcel; or(b)in the case of common property comprised in a strata title plan — designated in the strata title plan or a comprehensive resolution mentioned in section 78(2) for the exclusive benefit of the subsidiary proprietors of 2 or more (but not all) lots in that strata title plan,but does not include —(c)the foundations, columns, beams, supports, walls, roofs of, and any window installed in any external wall of, any building within that parcel, whether or not they are comprised in any lot or proposed lot;(d)any chute, pipe, wire, cable, duct and other facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, not comprised in any lot or proposed lot and necessary for the common use of the occupiers of all lots or proposed lots in that parcel; and (e)all other windows of a lot or proposed lot that are located on any exterior wall of the lot or proposed lot;
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management corporation
Defined · s 2
“management corporation”, in relation to any parcel comprised in a strata title plan, means the management corporation constituted in respect of that strata title plan under the Land Titles (Strata) Act 1967;
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subsidiary management corporation
Defined · s 2
“subsidiary management corporation”, in relation to any limited common property comprised in a strata title plan, means the subsidiary management corporation constituted for that limited common property under the Land Titles (Strata) Act 1967;
Open s 2

Report

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Schedules

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