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Contents

Long Title

Part I PRELIMINARY

Part II APPOINTMENT OF OFFICERS

Part III MAINTENANCE OF BUILDINGS

Part IV DEALINGS IN STRATA SUBDIVIDED BUILDINGS

Part V MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS

Division 1 — Management by owner developer before management corporation constituted

Division 2 — Management corporations and common property

Division 3 — Councils

Division 4 — Subsidiary proprietors and occupiers

Division 5 — Managing agents

Division 6 — Insurance

Division 7 — Subsidiary management corporations and limited common property

Division 8 — Termination of strata scheme

Division 9 — Miscellaneous

Part VI DISPUTES AND STRATA TITLES BOARDS

Division 1 — Strata Titles Boards

Division 2 — Types of orders by Board

Division 3 — Miscellaneous

Part VII STAGED DEVELOPMENTS

Part VIII GENERAL

FIRST SCHEDULE General Meetings of Management Corporations and Subsidiary Management Corporations

SECOND SCHEDULE Proceedings of Councils and Executive Committees

THIRD SCHEDULE Consequential Amendments to Land Titles (Strata) Act (Chapter 158, 1999 Edition)

FOURTH SCHEDULE Transitional and Savings Provisions

FIFTH SCHEDULE Consequential Amendments to Other Written Laws

Legislative Source Key

Legislative History

Comparative Table

 
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On 19/04/2014, you requested the version in force on 19/04/2014 incorporating all amendments published on or before 19/04/2014. The closest version currently available is that of 15/07/2010.
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PART III
MAINTENANCE OF BUILDINGS
Application of this Part
5.
—(1)  Subject to section 134, this Part shall apply to any building (subdivided or otherwise) and any common property and limited common property situated in Singapore.
(2)  Subject to section 134, this Part shall also apply to all exterior features on any building except —
(a)
exterior features on any detached house, semi-detached house, terrace house or linked house, none of which are comprised in any strata title plan; and
(b)
exterior features located on the lowest level of any building.
Commissioner may require building owner, etc., to carry out repairs, etc.
6.
—(1)  Where, in the opinion of the Commissioner —
(a)
any building or any common property or limited common property (whether or not an exterior feature) has not been kept or maintained in a state of good and serviceable repair or in a proper and clean condition; or
(b)
any exterior feature of a building has not been kept or maintained in such manner as to be securely fixed to the building and as will prevent any collapse of such exterior feature or its support,
the Commissioner may, by notice in writing, require such repairs, work or alteration to the building, exterior feature, common property or limited common property, as the case may be, as he thinks fit to be carried out.
(2)  A notice under subsection (1) shall specify —
(a)
the manner in which the repairs, work or alteration specified in the notice is to be carried out;
(b)
the time within which the repairs, work or alteration shall commence;
(c)
the time within which the repairs, work or alteration shall be completed; and
(d)
that the repairs, work or alteration shall be carried out with due diligence to the satisfaction of the Commissioner.
(3)  A notice under subsection (1) shall be made in respect of any building or any exterior feature thereof, any common property or limited common property, and shall be served —
(a)
on the owner of the building, common property or limited common property, as the case may be, or the person responsible for that exterior feature; or
(b)
where that owner is not known or cannot be found by reasonable inquiry, on every occupier of the building or, in the case of any common property or limited common property, on the persons —
(i)
on whose behalf the common property is or is to be managed; or
(ii)
for whose exclusive benefit the limited common property is designated,
as the case may be.
(4)  If a notice under subsection (1) is not complied with to his satisfaction, the Commissioner may —
(a)
carry out or cause to be carried out all or any of the repairs, work or alteration specified in that notice; and
(b)
recover all expenses reasonably incurred by him in the exercise of his powers under this section from the person in default.
(5)  Without prejudice to the right of the Commissioner to exercise the powers under subsection (4), if any person on whom a notice under subsection (1) is served fails, without reasonable excuse, to comply with the requirements of that notice, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $25 for every day or part thereof during which the offence continues after conviction.
[BCPA (repealed), s. 4]
Deposit by building owner, etc.
7.
—(1)  Without prejudice to section 6(4), where a notice under section 6(1) is not complied with to his satisfaction, the Commissioner may issue a direction to the person on whom the notice was served to deposit such amount with the Commissioner as he considers necessary for the purpose of executing the repairs, work and alteration specified in that notice, and that 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.
(2)  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.
(3)  The Commissioner may refund the deposit or any part thereof, after deducting any costs and expenses incurred by him, if the repairs, work and alteration required to be executed by the notice under section 6(1) have been executed to his satisfaction.
[BCPA (repealed), s. 5]
Appeal against notice to repair
8.
—(1)  Any person on whom a notice under section 6(1) is served may, within 21 days after the date of receipt of the notice, appeal in writing to the Minister against the notice in the prescribed manner.
(2)  Notwithstanding that an appeal is lodged under subsection (1), the notice appealed against shall take effect and be complied with unless otherwise ordered by the Minister.
(3)  The Minister may determine an appeal under this section by confirming, varying or cancelling the notice of the Commissioner under section 6(1).
(4)  The decision of the Minister in any appeal under this section shall be final.
[BCPA (repealed), s. 6]
Unsafe exterior feature
9.
—(1)  Any person responsible for an exterior feature of a building who, without reasonable excuse, fails to keep or maintain the exterior feature in such manner as to be securely fixed to the building and as will prevent any collapse, partly or wholly, of such exterior feature or its support shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(2)  In any proceedings for an offence under this section, it shall be presumed, in the absence of proof to the contrary, that the person responsible for an exterior feature of a building has failed to keep or maintain the exterior feature in such manner as to be securely fixed to the building and as will prevent any collapse, partly or wholly, of such exterior feature or its support, if it is proved —
(a)
that the exterior feature or part thereof has collapsed or fallen; and
(b)
that there is damage to, deterioration or other disrepair of the exterior feature or its support not caused by accident or acts of nature, including but not limited to fire, explosion, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood, earthquake or landslide.
[47/2007]
(3)  If a person is charged with an offence under subsection (1), it shall be a defence for him to prove that there is a defect in any part, or the whole, of such exterior feature or its support caused by materials or work supplied by anyone other than the person responsible.
(4)  Without prejudice to subsection (3), a person responsible for an exterior feature shall not, by virtue of subsection (1), be guilty of an offence under that subsection if —
(a)
within 7 days after service on him of any notice alleging that he has been guilty of such offence, he furnishes by statutory declaration to the Commissioner, the name and address of the contractor, managing agent or other person appointed by the person responsible to manage and maintain the exterior feature at all relevant times relating to the offence concerned; and
(b)
he satisfies the court that he relied, in good faith and after making proper inquiry (if the circumstances indicated the need for inquiry of the advice or services), on professional or expert advice or other services given or rendered by the contractor, managing agent or other person in relation to the exterior feature concerned.
[47/2007]
(5)  A statutory declaration made under subsection (4) if produced in any proceedings against the person named therein and in respect of the offence concerned shall be prima facie evidence that the person had charge and control of the management and maintenance of the exterior feature at all relevant times relating to that offence.
[47/2007]