Section 25G — Recovery of Commissioner’s expenses, etc.

(1)Where a person who is required by section 25E(5) or (6) to comply with a notice to maintain fails to do so, the Commissioner of Building Control may do all or any of the following:

(a)direct the person to deposit (within such period as the Commissioner of Building Control may specify, being at least 7 days after the direction is served) such amount with the Commissioner of Building Control as the Commissioner of Building Control considers necessary for the purpose of paragraph (b);

(b)carry out, or cause to be carried out, all or any of the repairs, work or alteration specified in the notice to maintain.

(2)All expenses reasonably incurred by the Commissioner of Building Control in relation to the execution of any repairs, work or alteration under subsection (1)(b) in respect of a 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) —

(a)are recoverable from the person in default starting the date on which those repairs, work or alteration are completed; and

(b)without affecting any other rights of the Building and Construction Authority, shall be a first charge on that building, despite any change in the ownership or occupation of the building or common property (as the case may be) after that date, when in arrears.

(3)The Commissioner of Building Control —

(a)may certify the expenses due under this section and the names of the persons liable for the expenses; and

(b)may apportion the expenses among the persons named in the certificate.

(4)Subject to subsection (5), a copy of the certificate mentioned in subsection (3) must be served on every person named in the certificate.

(5)Where any person named in the certificate mentioned in subsection (3) cannot be found by reasonable inquiry, the certificate is deemed to have been duly served on that person if —

(a)a copy of the certificate is posted at the office of the Commissioner of Building Control; and

(b)another copy of the certificate is affixed to a conspicuous part of the building in respect of which the expenses had been incurred.

(6)Interest at the rate of 9% per annum from the expiry of one month after the date of service of a certificate under subsection (4) is recoverable as part of the expenses incurred by the Commissioner of Building Control.

(7)If any sum or any part of the sum due to the Commissioner of Building Control under this section remains unpaid at the end of one month starting from the date the certificate under subsection (4) is served, or such further period as the Commissioner of Building Control may allow, it is deemed to be arrears.

(8)A certificate purporting to be made under subsection (3) by the Commissioner of Building Control is prima facie evidence of the facts certified in the certificate and that the Commissioner of Building Control had made the certificate.

(9)The Commissioner of Building Control must refund the deposit or any part of the deposit, after deducting any costs and expenses reasonably incurred by the Commissioner of Building Control, if the repairs, work or alteration required to be executed by the notice to maintain have been executed to the satisfaction of the Commissioner of Building Control.[Act 12 of 2020 wef 01/10/2025]