Section 36 — Proceedings if occupier opposes execution of works, etc.

(1)Where —

(a)the owner of any premises is required under any provision of this Act or the building regulations to carry out any work or make any provision in respect of the premises;

(b)the owner has given written notice to the occupier of the premises of the owner’s intention to carry out the work or make such provision; and

(c)the occupier prevents the owner from carrying out the work or making such provision in respect of the premises, a Magistrate’s Court, upon proof thereof and upon application by the owner, may make a written order requiring the occupier to permit the owner to execute all such work or to make any provision with respect to the premises that may be required by the provisions of this Act or the building regulations and may also, if the Court thinks fit, order the occupier to pay to the owner the costs relating to the application or order.

(2)If, after the expiry of 8 days from the date of the order, the occupier continues to refuse to permit the owner to execute such work or make any provision that may be required by the provisions of this Act or the building regulations, the occupier shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 for every day during which the occupier so continues to refuse.[47/2007] [Act 15 of 2026 wef 01/07/2026]

(3)Every such owner is, during the continuance of such refusal, discharged from any penalties to which the owner might otherwise have become liable by reason of the owner’s default in executing the work or making provision in respect of the premises or building.

(4)To avoid doubt, in this section, a reference to making any provision in respect of any premises includes a reference to doing anything that the owner of the premises is required to do in respect of the premises under Part 3B.[Act 28 of 2024 wef 30/09/2025]