In forceAmended2020 Revised Edition

Contents

Housing and Development Act 1959 · 2020 Revised Edition · Part 4A · Upgrading Works in Precincts

78. Power to carry out upgrading works and to recover contribution

Amended

Last amended by an amending law of 2023. 2 amendments in all.

(1)

As soon as practicable after the Minister has given his or her approval under section 77(4), (5), (8), (9) or (9A), the Board must carry out, in such manner as the Board thinks fit —

(a)

the general upgrading works within the precinct and, where applicable, the specified upgrading works in any building within the precinct;

(b)

the special upgrading works within a building, or in relation to more than one building, in a precinct; (c)the flat upgrading works within any building in the precinct; or

(d)

the commercial property upgrading works within the precinct,as the case may be.

(2)

Where the Board has completed any general upgrading works or specified upgrading works in a precinct under this section, the Board may recover from —

(a)

the owner of every flat within the precinct the costs incurred by the Board in respect of the general upgrading works and the specified upgrading works (if any); and

(b)

the Town Council responsible for the maintenance of the common property within the precinct the costs incurred by the Board in respect of the general upgrading works carried out on the common property.

(3)

Where the Board has completed any special upgrading works or flat upgrading works in a building in a precinct under this section, the Board may recover the costs incurred by the Board in respect of the special upgrading works or flat upgrading works from —

(a)

every owner of such flats in the building as are mentioned in section 77(2) in the case of special upgrading works or section 77(3) in the case of flat upgrading works; and

(b)

the Town Council responsible for the maintenance of the common property comprised in the building if the special upgrading works or flat upgrading works have been carried out on the common property.

(3A)

Where the Board has completed any commercial property upgrading works within a precinct under this section, the Board may recover from —

(a)

every owner of such commercial property within the precinct as is mentioned in section 77(3A), the costs incurred by the Board in respect of the commercial property upgrading works; and

(b)

the Town Council responsible for the maintenance of the common property within the precinct the costs incurred by the Board in respect of the commercial property upgrading works carried out on the common property.

(4)

The amount of improvement contribution payable by the owner of a flat and a Town Council under subsection (2), (3) or (3A) is to be determined by the Board whose decision is final.

(5)

In this section and section 80, “owner”, in relation to any flat sold by the Board —

(a)

means the person who is the owner of the flat at the time the improvement contribution is determined by the Board under subsection (4); and

(b)

includes an equitable owner, a person who has purchased a leasehold interest in the flat and a purchaser under an agreement for a lease.[65D

Terms defined in this Act

Board
Defined · s 2
“Board” means the Housing and Development Board established under section 3;
Open s 2
building
Defined · s 2
“building” includes any house, flat, hut, shed, roofed enclosure or other accommodation, 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 or foundation connected to the foregoing;
Open s 2
commercial property
Defined · s 2
“commercial property” means any flat, house or building or any part thereof which is permitted to be used pursuant to the Planning Act 1998 or any other written law for the purpose of carrying on any business or which is lawfully so used;
Open s 2
common property
Defined · s 2
“common property” means so much of the developed land and all parts of the building as are not comprised in the flats in a building;
Open s 2
flat
Defined · s 2
“flat” means a horizontal stratum of any building or part thereof, whether the stratum or part is on one or more levels or is partially or wholly below the surface of the ground;
Open s 2
flat upgrading works
Defined · s 75
“flat upgrading works” means —(a)any items of upgrading works specified by the Board to be carried out —(i)within a flat comprised in a building;(ii)within a building or any part of a building not comprised in a flat for the provision of a service in relation to water, sewerage, drainage, gas, electricity, garbage or conditioned air, or other services relating to telephone, radio, television or any other means of telecommunication, that are reasonably necessary for or connected with the enjoyment of any flat comprised in the building; or(b)any other items of upgrading works approved by the Minister, being works to be carried out within a building or any part of a building not comprised in a flat, to —(i)facilitate the access to, and use of, the building and its facilities by persons with physical disabilities; or(ii)improve the fire safety or other safety features of the building or such other performance requirements for buildings as may be prescribed by any other written law,but does not include any specified upgrading works;
Open s 75
general upgrading works
Defined · s 75
“general upgrading works” means any upgrading works to be carried out in a precinct other than specified upgrading works, special upgrading works and flat upgrading works;
Open s 75
improvement contribution
Defined · s 75
“improvement contribution” means the costs in respect of general upgrading works, specified upgrading works, special upgrading works or flat upgrading works that are recoverable by the Board from the owner of a flat or a Town Council under section 78(2) or (3), as the case may be;
Open s 75
lease
Defined · s 2
“lease” includes an agreement for a lease;
Open s 2
owner
Defined · s 2
“owner”, in relation to any property sold by the Board, includes a person who has purchased a leasehold interest in the property and also includes a purchaser under an agreement for a lease.
Open s 2
precinct
Defined · s 75
“precinct” means a precinct declared by the Minister under section 76;
Open s 75
purchaser
Defined · s 87
“purchaser”, in relation to any housing accommodation built or sold under this Part, includes a person who has purchased a leasehold interest in the housing accommodation;
Open s 87
special upgrading works
Defined · s 75
“special upgrading works” means —(a)any items of work necessary or ancillary to installing any lift or additional lift within or in relation to any building or part of a building; or(b)any other items of upgrading works prescribed by the Minister, being works to be carried out within or in relation to any building or part of a building (other than any part comprised in a flat) within a precinct for the erection, construction or installation of functional facilities for the convenience of residents of that building in general or a section of those residents;
Open s 75
specified upgrading works
Defined · s 75
“specified upgrading works” means any items of upgrading works specified by the Board to be carried out in a building or part of a building within a precinct as a result of which the floor area of a flat in the building will be increased, but does not include any special upgrading works and flat upgrading works;
Open s 75
Town Council
Defined · s 75
“Town Council” means a Town Council established under the Town Councils Act 1988;
Open s 75
upgrading works
Defined · s 75
“upgrading works” includes any building operations, repair, demolition or installation works carried out for the purposes of improving or upgrading any flat, building or land and any addition to, or alteration in, landlord’s fixtures and fittings;
Open s 75

Report

Read on from s 79

Part 4B

Design-Build-And-Sell Scheme

Read on from Part 4B

Part 5

Financial Provisions

Read on from Part 5

Part 6

Miscellaneous

Read on from Part 6

Schedules

Read on from Schedules