Section 25E — Notices to maintain

(1)The Commissioner of Building Control may issue a notice (called in this Act a notice to maintain) in respect of any building, any exterior feature of a building (whether or not common property or limited common property) or any common property or limited common property (whether or not a fixed installation) where, in the opinion of the Commissioner of Building Control —

(a)the building or the common property or limited common property has not been kept or maintained in a state of good and serviceable repair or in a proper and clean condition; or

(b)in the case of an exterior feature of a building, the exterior feature has not been kept or maintained in such manner as to be securely fixed to the building and as will prevent any collapse (wholly or partly) of the exterior feature or its support.

(2)A notice to maintain may require a person mentioned in subsection (4) who is served the notice to do all or any of the following:

(a)to suspend the operation or use of the building, exterior feature of a building or the common property or limited common property (as the case may be) by any occupier or other person until after the Commissioner of Building Control otherwise approves;

(b)to appoint an appropriate person to carry out (at the person’s cost) an inspection described in the notice, of the building, exterior feature of a building, or the common property or limited common property (as the case may be) and make recommendations on any measures or other building works reasonably necessary —

(i)to ensure the proper maintenance in a state of good and serviceable repair or in a proper and clean condition of the building, or common property or limited common property; or

(ii)to prevent the occurrence or potential occurrence of collapse (wholly or partly) of the exterior feature or its support;

(c)to repair or carry out work on or alter the building, exterior feature of a building, or the common property or limited common property (as the case may be) in the manner specified in the notice.

(3)A notice to maintain must specify —

(a)the time within which anything required to be done in subsection (2) must be completed; and

(b)that anything required to be done in subsection (2) must be carried out with due diligence to the satisfaction of the Commissioner of Building Control.

(4)A notice to maintain may be served on any of the following persons:

(a)where the notice to maintain is made in respect of an exterior feature (whether or not common property or limited common property) —

(i)on the person responsible for the exterior feature; or

(ii)on every occupier of the building on which the exterior feature is installed or forms part of, if the person in sub‑paragraph (i) cannot be found by reasonable inquiry;

(b)for a notice to maintain made in respect of a fixed installation (whether or not common property or limited common property) —

(i)on the fixed installation owner for that fixed installation; or

(ii)on the occupier of the building connected with that fixed installation if the person in sub‑paragraph (i) cannot be found by reasonable inquiry;

(c)for a notice to maintain made in respect of a building that comprises 2 or more flats but is not subdivided, and where there are subsisting leases for those flats registered under the Registration of Deeds Act 1988 or the Land Titles Act 1993 —

(i)on the registered lessee or registered proprietor (as the case may be) of every such flat; or

(ii)on the occupier of the flat if the persons in sub‑paragraph (i) cannot be found by reasonable inquiry;[Act 15 of 2026 wef 01/07/2026]

(d)for a notice to maintain made in respect of common property or limited common property (but not exterior features and fixed installations) erected on land comprised in a strata title plan —

(i)on the management corporation having control of the common property, or the person receiving any rent or charge for the maintenance and management of that common property;

(ii)the subsidiary management corporation having control of the limited common property, or the person receiving any rent or charge for the maintenance and management of that limited common property; or

(iii)on the persons on whose behalf the common property is managed or on whose exclusive benefit the limited common property is designated, if the persons in sub‑paragraph (i) or (ii) cannot be found by reasonable inquiry;

(e)for a notice to maintain made in respect of common property (but not exterior features and fixed installations) on land not comprised in a strata title plan —

(i)on the person receiving any rent or charge for the maintenance of that common property, who may be every person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as owner of that common property; or[Act 15 of 2026 wef 01/07/2026]

(ii)on the persons on whose behalf the common property is managed if the person in sub‑paragraph (i) cannot be found by reasonable inquiry;

(f)where the notice to maintain is made in respect of any other building (but not exterior features and fixed installations) —

(i)on the owner of the building; or

(ii)on every occupier of that building if the person in sub‑paragraph (i) cannot be found by reasonable inquiry.

(5)Subject to subsection (6), a person on whom a notice to maintain is served under subsection (4) must take, so far as is reasonably practicable and at the person’s cost, such steps as are necessary to comply with the notice to maintain served.

(6)Where an exterior feature or a fixed installation is installed on or forms part of a common boundary —

(a)between 2 or more buildings;

(b)between 2 or more common properties; or

(c)between a common property and a limited common property, and a notice to maintain is served under subsection (4) on the owners of the respective buildings or common properties, or of the common property and limited common property (as the case may be), each of the owners is jointly and severally responsible —

(d)to take such steps as are necessary to comply with the notice to maintain served on the owner; and

(e)to bear all costs incurred to comply with the notice.

(7)Without limiting section 25G, a person who is required by subsection (5) or (6) to comply with a notice to maintain commits an offence if the person, without reasonable excuse, fails to comply with the notice.

(8)A person who is guilty of an offence under subsection (7) shall be liable on conviction —

(a)to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and

(b)in the case of a continuing failure to comply, to a further fine not exceeding $250 for every day or part of a day during which the failure to comply continues after conviction.[Act 12 of 2020 wef 01/10/2025]