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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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FIFTH SCHEDULE
Section 140
Consequential Amendments to
Other Written Laws
First column
 
Second column
(1) Building Control Act
(Chapter 29, 1999 Ed.)
 
 
(a) Section 2 (1)
 
(i) Delete the definition of “common property” and substitute the following definition:
 
 
““common property” has the same meaning as in the Building Maintenance and Strata Management Act 2004;”.
 
 
(ii) Insert, immediately after the definition of “key structural elements”, the following definition:
 
 
““limited common property” has the same meaning as in the Building Maintenance and Strata Management Act 2004;”.
 
 
(iii) Delete paragraph (c) of the definition of “owner” and substitute the following paragraphs:
 
 
"(c) the common property of any subdivided building, includes the management corporation established under the Building Maintenance and Strata Management Act 2004 having control of the building, or the person receiving any rent or charge for the maintenance of that common property or any body corporate constituted under an order made by the Minister under section 3 of the HUDC Housing Estates Act (Cap. 131);
 
 
(ca) the limited common property of any subdivided building, includes the subsidiary management corporation established under the Building Maintenance and Strata Management Act 2004 having control of the limited common property, or the person receiving any rent or charge for the maintenance of that limited common property;".
(b) Section 26 (1)
 
(i) Delete the word “and” at the end of paragraph (b)(ii) of the definition of “owner”.
 
 
(ii) Insert, immediately after paragraph (b) of the definition of “owner”, the following paragraph:
 
 
“(ba) the limited common property of any building comprising 2 or more flats, means the subsidiary management corporation or the person receiving any rent or charge for the maintenance and management of that limited common property; and”.
(2) Civil Defence Shelter Act (Chapter 42A, 1998 Ed.)
 
 
Section 2 (1)
 
Delete the word “and” at the end of paragraph (b) of the definition of “owner” and insert immediately thereafter the following paragraph:
 
 
“(ba) in relation to the limited common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, means the subsidiary management corporation having control of that limited common property; and”.
(3) Control of Vectors and Pesticides Act
(Chapter 59, 2002 Ed.)
 
 
Section 2
 
Delete paragraph (c) of the definition of “owner” and substitute the following paragraphs:
 
 
"(c) in relation to the common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, includes the management corporation having control of the building, a managing agent appointed by a management corporation or by the Commissioner of Buildings under the Building Maintenance and Strata Management Act 2004, and a liquidator appointed for that management corporation;
 
 
(ca) in relation to the limited common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, includes the subsidiary management corporation having control of that limited common property, and a managing agent appointed by a subsidiary management corporation or by the Commissioner of Buildings under the Building Maintenance and Strata Management Act 2004, and a liquidator appointed for that subsidiary management corporation; and".
(4) Environmental Pollution Control Act
(Chapter 94A, 2002 Ed.)
 
 
Section 2
 
(i) Delete the word “and” at the end of paragraph (b) of the definition of “owner”.
 
 
(ii) Delete paragraph (c) of the definition of “owner” and substitute the following paragraphs:
 
 
"(c) the common property of any subdivided building, includes the management corporation established under the Building Maintenance and Strata Management Act 2004 having control of the building, or the person receiving any rent or charge for the maintenance of that common property or any body corporate constituted under an order made by the Minister under section 3 of the HUDC Housing Estates Act (Cap. 131); and
 
 
(d) the limited common property of any subdivided building, includes the subsidiary management corporation established under the Building Maintenance and Strata Management Act 2004 having control of the limited common property, or the person receiving any rent or charge for the maintenance of that limited common property;".
(5) Environmental Public Health Act
(Chapter 95, 2002 Ed.)
 
 
Section 2
 
(i) Delete the word “and” at the end of paragraph (b) of the definition of “owner”.
 
 
(ii) Delete paragraph (c) of the definition of “owner” and substitute the following paragraphs:
 
 
"(c) the common property of any subdivided building, includes the management corporation established under the Building Maintenance and Strata Management Act 2004 having control of the building, or the person receiving any rent or charge for the maintenance of that common property or any body corporate constituted under an order made by the Minister under section 3 of the HUDC Housing Estates Act (Cap. 131); and
 
 
(d) the limited common property of any subdivided building, includes the subsidiary management corporation established under the Building Maintenance and Strata Management Act 2004 having control of the limited common property, or the person receiving any rent or charge for the maintenance of that limited common property;".
(6) Factories Act
(Chapter 104, 1998 Ed.)
 
 
Section 73
 
Delete subsection (6) and substitute the following subsection:
 
 
"(6) In this section, “owner”, in relation to —
 
 
(a) the common property of any sub-divided building, includes the management corporation having control of the building or the person receiving any rent or charge for the maintenance of that common property; and
 
 
(b) the limited common property of any subdivided building, includes the subsidiary management corporation having control of the limited common property or the person receiving any rent or charge for the maintenance of that limited common property.".
(7) Fire Safety Act
(Chapter 109A, 2000 Ed.)
 
 
Section 2 (1)
 
(i) Delete the words “or common property” in paragraph (e) of the definition of “fire hazard” and substitute the words “, common property or limited common property”.
 
 
(ii) Insert, immediately after paragraph (b) of the definition of “owner”, the following paragraph:
 
 
“(ba) in relation to the limited common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, means the subsidiary management corporation having control of that limited common property; and”.
(8) Goods and Services Tax Act
(Chapter 117A, 2001 Ed.)
 
 
Fourth Schedule, paragraph 4
 
Insert, immediately after the words “common property” in sub-paragraph (3) (b), the words “or limited common property”.
 
 
(a) Section 22 (2)
 
Insert, immediately after paragraph (c), the following paragraphs:
 
 
"(ca) the disclosure in any contract that shall be used by a licensed housing developer, his agent or nominee and a purchaser of any limited common property comprised in the development;
 
 
(cb) any matter which by this Act is required or permitted to be prescribed for or in relation to staged developments, and modify the application of any of the provisions of this Act in relation to staged developments;".
10(b) New section 23A
10  No date has been appointed for the coming into operation of item (9)(b) as at 1st July 2008.
 
Insert, immediately after section 23, the following section:
 
 
"Staged developments
 
 
23A.—(1) Every staged development of a housing development shall be carried out subject to a staged development contract in the prescribed form that is accepted by the Controller under this section.
 
 
(2) For the purposes of this Act, the Controller may refuse to accept any staged development contract in relation to any staged development of a housing development, and any amendments thereto, if the contract —
 
 
(a) is not in the prescribed form;
 
 
(b) does not describe or adequately describe the concept plan for the entire staged development, and so much of the proposed development that is warranted development and is an authorised proposal; and
 
 
(c) does not specify the proposed date the entire staged development is to be finally completed and concluded and such other information, conditions or particulars as may be prescribed.
 
 
(3) No amendment to a staged development contract accepted under this Act by the Controller in relation to any staged development referred to in subsection (1) shall be valid unless the amendment is accepted by the Controller.
 
 
(4) In this Act, “authorised proposal”, “staged development” and “warranted development” shall have the same respective meanings as in the Building Maintenance and Strata Management Act 2004.".
(10) HUDC Housing Estates Act
(Chapter 131, 1985 Ed.)
 
 
(a) Section 2 (1)
 
(i) Delete the words “Buildings and Common Property (Maintenance and Management) Act” in the definition of “Commissioner” and substitute the words “Building Maintenance and Strata Management Act 2004”.
 
 
(ii) Delete the marginal reference “Cap. 30” in the definition of “Commissioner”.
(b) Section 17 (5)
 
 
 
(ii) Delete the marginal reference “Cap. 30”.
11(11) Planning Act
(Chapter 232, 1998 Ed.)
11  No date has been appointed for the coming into operation of item (11) as at 1st July 2008.

 
 
(a) Section 2
 
(i) Insert, immediately after the definition of “owner”, the following definition:
 
 
““parcel” has the same meaning as in the Building Maintenance and Strata Management Act 2004;”.
 
 
(ii) Insert, immediately after the definition of “repealed Act”, the following definitions:
 
 
"“staged development” has the same meaning as in the Building Maintenance and Strata Management Act 2004;
 
 
“strata title plan” has the same meaning as in the Building Maintenance and Strata Management Act 2004;".
(b) New section 24A
 
Insert, immediately after section 24, the following section:
 
 
"Planning permission for staged developments
 
 
24A.—(1) Without prejudice to section 12, no person shall carry out any development —
 
 
(a) for the first stage of that staged development except with planning permission granted under this Part for that stage of the staged development and provisional permission granted under this Part for every subsequent stage of that staged development; and
 
 
(b) for any stage of that staged development except with planning permission granted under this Part for that stage of the staged development.
 
 
(2) Without prejudice to section 14, the competent authority shall not grant any planning permission for any development of any parcel that is a stage of a staged development unless the competent authority is satisfied that each subsequent stage has regard to the first stage and the stage immediately preceding.
 
 
(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part thereof during which the offence continues after conviction.
 
 
(4) Where a person is convicted of an offence under subsection (3) in respect of any development of land without having been previously served with an enforcement notice in respect of the development, the competent authority may serve an order on the person directing him to remove from the land, within 14 days of the date of service of the order, all such property or materials used in connection with the offence as may be specified in the order.
 
 
(5) An application for planning permission for a staged development shall be made and dealt with in accordance with the provisions of this Part with the necessary modifications.
 
 
(6) Without prejudice to section 15, the competent authority may, by way of conditions on the grant of planning permission in respect of any staged development, require the applicant for planning permission to place with it a security deposit for the completion of the staged development in accordance with its application and within the time mentioned in the grant of planning permission.".
(c) New section 34A
 
Insert, immediately after section 34, the following section:
 
 
"Application to staged developments
 
 
34A. The provisions of this Part shall apply, with the necessary modifications, in respect of every staged development.".
(d) Section 40 (1)
 
Insert, immediately after the words “development charge” in paragraph (a), the words “, including the rates and methods in respect of the different stages of a staged development”.
(e) Section 61 (2)
 
Insert, immediately after paragraph (l), the following paragraph:
 
 
“(la) any matter which by this Act is required or permitted to be prescribed for or in relation to staged developments, and modify the application of any of the provisions of this Act in relation to staged developments;”.
(12) Sale of Commercial Properties Act
(Chapter 281, 1985 Ed.)
 
 
12(a) New section 7A
12  No date has been appointed for the coming into operation of item (12)(a) as at 1st July 2008.
 
Insert, immediately after section 7, the following section:
 
 
"Staged developments
 
 
7A.—(1) Every staged development wholly of commercial property shall be carried out subject to a staged development contract in the prescribed form that is accepted by the Controller under this section.
 
 
(2) For the purposes of this Act, the Controller may refuse to accept any staged development contract in relation to any staged development wholly of commercial property, and any amendments thereto, if the contract —
 
 
(a) is not in the prescribed form;
 
 
(b) does not describe or adequately describe the concept plan for the entire staged development, and so much of the proposed development that is warranted development and is an authorised proposal; and
 
 
(c) does not specify the proposed date the entire staged development is to be finally completed and concluded or such other information, conditions or particulars as may be prescribed.
 
 
(3) No amendment to a staged development contract accepted under this Act by the Controller in relation to any staged development referred to in subsection (1) shall be valid unless the amendment is accepted by the Controller.
 
 
(4) In this Act, “authorised proposal”, “staged development” and “warranted development” shall have the same respective meanings as in the Building Maintenance and Strata Management Act 2004.".
(b) Section 10 (2)
 
Insert, immediately after paragraph (c), the following paragraphs:
 
 
"(ca) require the disclosure in any sale and purchase agreement of any limited common property comprised in the commercial property to be sold;
 
 
(cb) prescribe any matter which by this Act is required or permitted to be prescribed for or in relation to staged developments, and modify the application of any of the provisions of this Act in relation to staged developments;".
(13) Sewerage and Drainage Act
(Chapter 294, 2001 Ed.)
 
 
Section 2
 
(i) Delete the word “and” at the end of paragraph (a) of the definition of “owner”.
 
 
(ii) Delete paragraph (b) of the definition of “owner” and substitute the following paragraphs:
 
 
"(b) the common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, includes the management corporation having control of the building, and a managing agent appointed by a management corporation or by the Commissioner of Buildings under the Building Maintenance and Strata Management Act 2004, and a liquidator appointed for that management corporation; and
 
 
(c) the limited common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, includes the subsidiary management corporation having control of that limited common property, and a managing agent appointed by a subsidiary management corporation or by the Commissioner of Buildings under the Building Maintenance and Strata Management Act 2004, and a liquidator appointed for that subsidiary management corporation;".
(14) Smoking (Prohibition in Certain Places) Act
(Chapter 310, 2002 Ed.)
 
 
Section 3 (1)
 
Insert, immediately after the words “common property” in paragraph (b), the words “or limited common property”.
(15) Town Councils Act
(Chapter 329A, 2000 Ed.)
 
 
(a) Section 2 (1)
 
Delete the words “and windows” in paragraph (a) of the definition of “common property”.
(b) Section 23 (1)