Act of Parliament · 2000 Revised Edition
Buildings and Common Property (Maintenance and Management) Act
Feedback & supportProper upkeep and management of buildings and common propertyOfficial textFrom Singapore Statutes Online, unchanged
s 1Short title
This Act may be cited as the Buildings and Common Property (Maintenance and Management) Act.
s 2Interpretation
In this Act, unless the context otherwise requires —“building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of human habitation or otherwise, and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure, support or foundation connected to the foregoing;“Commissioner” means the Commissioner of Buildings appointed under section 3;“common property” —
in relation to any building comprised in any strata title plan, shall have the meaning assigned to it in the Land Titles (Strata) Act (Cap. 158);
in relation to any land where planning permission has been granted for its development and intended strata division after the completion of any building or part thereof on the land, means any part of the building not comprised in any flat and the fixtures and fittings (including lifts), refuse chutes, refuse bin compounds, drains, sewers, pipes, wires, cables and ducts, the exterior of all common parts of the building, playing fields, driveways, car parks, open spaces, landscaped areas, walls and fences and all other facilities and installations used or capable of being used or enjoyed in common by all the occupiers of the building; and
in relation to any other land where one or more buildings are erected thereon, includes fixtures and fittings (including lifts), refuse chutes, refuse bin compounds, drains, sewers, pipes, wires, cables and ducts, the exterior of all common parts of the building, playing fields, driveways, car parks, open spaces, landscaped areas, walls and fences and all other facilities and installations used or capable of being used or enjoyed in common by all the occupiers of the building;“developer” means any person who has obtained the approval of the competent authority to develop any land pursuant to section 14 of the Planning Act (Cap. 232) and includes his executors, administrators and successors in title or assigns;“development” means any land on which any building is constructed or is in the course of construction;“flat” means a horizontal stratum of any building or part thereof, whether such stratum is on one or more levels or is partially or wholly below the surface of the ground, which is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose;“maintenance fund” means the maintenance fund for a development established by a developer under section 9;“owner” —
includes the person for the time being receiving the rent of any building, whether on his own account or as agent or trustee or as receiver, or who would receive the same if the building were let to a tenant;
in relation to a rent-controlled building, also includes the tenant of the building;
in relation to the common property of any building, also includes a person receiving any rental or charge for the maintenance of that common property and every person whose name is entered in the Valuation List authenticated under section 15 of the Property Tax Act (Cap. 254) as the owner of a subdivided part of the building; and
in relation to the common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, also includes the management corporation having control of the building and every subsidiary proprietor of any subdivided part of the building;“stratum” means any part of land consisting of a space of any shape below, on or above the surface of the land, or partly below and partly above the surface of the land, the dimensions of which are delineated.
“building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of human habitation or otherwise, and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure, support or foundation connected to the foregoing;
“Commissioner” means the Commissioner of Buildings appointed under section 3;
“common property” —
in relation to any building comprised in any strata title plan, shall have the meaning assigned to it in the Land Titles (Strata) Act (Cap. 158);
in relation to any land where planning permission has been granted for its development and intended strata division after the completion of any building or part thereof on the land, means any part of the building not comprised in any flat and the fixtures and fittings (including lifts), refuse chutes, refuse bin compounds, drains, sewers, pipes, wires, cables and ducts, the exterior of all common parts of the building, playing fields, driveways, car parks, open spaces, landscaped areas, walls and fences and all other facilities and installations used or capable of being used or enjoyed in common by all the occupiers of the building; and
in relation to any other land where one or more buildings are erected thereon, includes fixtures and fittings (including lifts), refuse chutes, refuse bin compounds, drains, sewers, pipes, wires, cables and ducts, the exterior of all common parts of the building, playing fields, driveways, car parks, open spaces, landscaped areas, walls and fences and all other facilities and installations used or capable of being used or enjoyed in common by all the occupiers of the building;
“developer” means any person who has obtained the approval of the competent authority to develop any land pursuant to section 14 of the Planning Act (Cap. 232) and includes his executors, administrators and successors in title or assigns;
“development” means any land on which any building is constructed or is in the course of construction;
“flat” means a horizontal stratum of any building or part thereof, whether such stratum is on one or more levels or is partially or wholly below the surface of the ground, which is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose;
“maintenance fund” means the maintenance fund for a development established by a developer under section 9;
“owner” —
includes the person for the time being receiving the rent of any building, whether on his own account or as agent or trustee or as receiver, or who would receive the same if the building were let to a tenant;
in relation to a rent-controlled building, also includes the tenant of the building;
in relation to the common property of any building, also includes a person receiving any rental or charge for the maintenance of that common property and every person whose name is entered in the Valuation List authenticated under section 15 of the Property Tax Act (Cap. 254) as the owner of a subdivided part of the building; and
in relation to the common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, also includes the management corporation having control of the building and every subsidiary proprietor of any subdivided part of the building;
“stratum” means any part of land consisting of a space of any shape below, on or above the surface of the land, or partly below and partly above the surface of the land, the dimensions of which are delineated.
The Minister may appoint an officer to be known as the Commissioner of Buildings and such other officers as may be necessary for the purpose of administering and carrying out the provisions of this Act.
The Commissioner shall, subject to any general or special directions of the Minister, have charge of the administration of this Act and section 7 and Part IV of the Land Titles (Strata) Act (Cap. 158), and perform such other duties as are imposed and may exercise such powers as are conferred upon him by the Land Titles (Strata) Act.
Subject to any general or special directions of the Minister or the Commissioner, the powers conferred and the duties imposed upon the Commissioner by this Act or any rules made thereunder may be exercised or performed by any other officer appointed under subsection (1).
Where in the opinion of the Commissioner any building or common property has not been kept or maintained in a state of good and serviceable repair or in a proper and clean condition, the Commissioner may, by notice in writing, require the owner within such period as may be specified in the notice to take such steps or carry out such repairs and maintenance as the Commissioner thinks fit.
If a notice issued by the Commissioner under subsection (1) is not complied with to his satisfaction, the Commissioner or any person authorised by him may carry out or cause to be carried out all or any of the requirements specified in the notice.
Any person who fails to comply with the requirements of any notice issued by the Commissioner under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and to a further fine not exceeding $25 for every day during which the offence continues after conviction.
The Commissioner may compound any offence under this Act or any rules made thereunder by accepting a sum not exceeding $500 from the person committing the offence.
Where there has been a default in complying with a notice issued by the Commissioner under section 4(1), the Commissioner may issue a direction to the owner or owners of the building or common property in respect of which the notice has been issued to deposit such amount with the Commissioner as he considers necessary for the purpose of executing the works specified in the notice and the amount shall be deposited with the Commissioner within such period, not being less than 7 days from the service of the direction, as the Commissioner may specify.
The amount of any deposit which is due to the Commissioner under subsection (1) may be sued for as a debt due to the Government.
The Commissioner may refund the deposit or any part thereof, after deducting any costs and expenses incurred by him, if the works required to be executed by the notice issued under section 4(1) have been executed to his satisfaction.
Any person on whom a notice under section 4(1) is served may, at any time within the period specified in the notice, appeal to the Minister against the notice in the prescribed manner.
The decision of the Minister upon the determination of the appeal shall be final.
Where a building which is intended for strata subdivision has been completed, before, on or after 15th April 1976, the person who is the owner or developer of the building shall not collect any charges for the maintenance and management of the building from the purchasers of flats comprised in the building without the prior written approval of the Commissioner.
Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Nothing in this section shall be construed to require a management corporation of a subdivided building to obtain the prior written approval of the Commissioner to collect contributions for the maintenance and management of the subdivided building under section 35 of the Land Titles (Strata) Act (Cap. 158).
All costs and expenses incurred by the Commissioner or any person authorised by him under section 4 shall be recoverable from the owner of the building or common property as a debt due to the Government and shall, if there is more than one owner, be apportioned by the Commissioner among the owners in such manner as he thinks fit.
Interest at the rate of 6% per annum from the expiry of one month from the date of service of any notice of any costs and expenses incurred by the Commissioner shall be recoverable as part of the costs and expenses.
A certificate purporting to be under the hand of the Commissioner and specifying —
the costs and expenses claimed as due and payable; and
the person named in the certificate as liable for the payment thereof,shall be prima facie evidence of the facts certified therein and of the signature of the Commissioner thereto.
Subject to this section, the developer of a development to which this section applies shall, with effect from the date when a temporary occupation permit is issued by the Commissioner of Building Control in respect of any flat in the development or such other subsequent date when this section applies to the development, establish a maintenance fund for the development which shall be used solely and exclusively for all or any of the following purposes:
to maintain the common property of the development in a state of good repair;
to pay for the expenses incurred in providing cleaning services for the common property and security services and amenities for the occupiers of the flats in the development;
to maintain, repair and renew fixtures and fittings (including lifts) in the development not being fixtures and fittings installed in a flat sold or intended for sale to a purchaser;
to maintain, repair and renew sewers, pipes, wires, cables and ducts used or capable of being used in connection with the enjoyment of 2 or more flats in, or the common property of, the development;
to pay any premiums for the insurance of the development against damage by fire and other risks;
to pay rent and rates (if any);
to pay any fee incurred for the auditing of the maintenance fund;
to pay all charges reasonably incurred for the administration of the maintenance fund and the common property of the development.
This section shall apply to a development where —
planning permission has been granted for the intended strata subdivision after the completion of any building or part thereof;
more than 4 units of flats have been constructed; and
the flats in the development have been sold to more than 2 purchasers.
For the purposes of this section, a developer is deemed to have sold a flat (a)if, by an agreement in writing, he has agreed to convey, transfer, assign or otherwise dispose of his estate or interest in the flat to another person for valuable consideration or otherwise; or
if, by any deed or instrument, he has conveyed, assigned or otherwise disposed of the flat.
Subsection (3)(a) and (b) shall not apply to an agreement in writing or any deed or instrument to grant or assign a leasehold term not exceeding 21 years without the option of renewal or purchase.
The Minister may, by notification in the Gazette, exempt any person from this section.
A developer shall pay into the maintenance fund —
all charges received by him from the purchasers of the flats in the development for the maintenance of the common property of the development;
in respect of those flats in the development which have not been sold and for which temporary occupation permits have been issued by the Commissioner of Building Control, a sum equivalent to the maintenance charges payable by the purchasers of the flats to the developer had the flats been sold; and
all income derived from the common property of the development.
A developer shall hold all moneys in the maintenance fund on trust for the owners and purchasers of all the flats in the development.
The moneys in the maintenance fund shall be deposited with any bank licensed under the Banking Act (Cap. 19) and may be invested in such investments or securities as are for the time being authorised for the investment of trust funds.
Where a management corporation for the development has been constituted in accordance with section 33 of the Land Titles (Strata) Act (Cap. 158), the surplus moneys in the maintenance fund after payment of all the expenditure which may be properly charged to the maintenance fund shall be transferred to the management corporation.
The developer shall —
cause proper books of accounts to be kept in respect of all sums of money received for and all payments out of the maintenance fund, specifying the matters in relation to which the receipts and expenditure take place;
appoint an auditor to audit the maintenance fund annually;
file with the Commissioner a certified true copy of the audited accounts within 28 days of the accounts being audited;
permit the Commissioner, or any person authorised by him to act on his behalf, at all reasonable times full and free access to accounting and other records of the maintenance fund and permit the Commissioner or the person to make copies or make extracts from those accounting or other records; and
furnish a certified true copy of the accounts to the Commissioner at such intervals as may be required by the Commissioner.
A developer who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and to a further fine not exceeding $100 for every day during which the offence continues after conviction.
A developer shall maintain a register in such form as the Commissioner may require containing the following particulars in respect of all the flats in his development:
the proposed share value to be assigned to each flat shown in the schedule of strata units filed with the Commissioner under section 7 of the Land Titles (Strata) Act (Cap. 158);
the floor area of the flat;
the name and address of the purchaser of the flat and if the purchaser is not a resident of Singapore, an address in Singapore to which notices may be served on the purchaser; and
the name and address of the solicitors acting for the purchaser of the flat in the sale and purchase of the flat.
A developer shall, within 14 days of a request being made by the Commissioner, forward to the Commissioner a true copy of the register referred to in subsection (1).
The Commissioner or any of his officers may require a developer to produce for his inspection the register maintained by him under subsection (1).
Any person who fails to comply with subsection (1) or (2) or fails to produce the register maintained under subsection (1) for the inspection of the Commissioner or any of his officers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and to a further fine not exceeding $100 for every day during which the offence continues after conviction.