Interpretation of this Part
22D.—(1) In this Part, unless the context otherwise requires —“building” does not include a temporary building;
“performance requirement” means a performance requirement in the building regulations that —(a)
is to facilitate the access to, and use of, a building and its facilities by persons with disabilities; or
(b)
is prescribed in the building regulations for the purposes of this Part;
“person with disability” means an individual who has an impairment of hearing or sight, or an impairment which limits his or her ability to walk, or which restricts him or her to using a wheelchair;[Act 15 of 2026 wef 01/07/2026]
“physical feature”, in relation to a building, includes the following physical features (permanent or temporary):(a)
any feature arising from the design or construction of the building;
(b)
any feature of any approach to, exit from or access to such a building;
(c)
any fixtures, fittings or facility in or on the premises of the building; or
(d)
any other physical element or quality of the land on which the building stands.[47/2007]
(2) A physical feature of a building satisfies the relevant performance requirement for the purposes of this Part where the physical feature is constructed or installed in or in connection with the building in accordance with the performance requirement that —(a)
is relevant in relation to that physical feature; and
(b)
is in effect at the following time:(i)
the day upon which the works to construct or install the physical feature started; or
(ii)
in the case of a physical feature provided as part of building works to which Part 2 applies, the day a certificate of statutory completion is issued in respect of the building on the completion of those building works.[47/2007]
(3) To avoid doubt, this Part applies to the physical features of any building, whether constructed before, on or after 15 February 2008.[47/2007]
Requiring works to be done upon trigger application
22DA.—(1) Where the Commissioner of Building Control receives, on or after the date of commencement of section 17 of the Building Control (Amendment) Act 2020, a trigger application relating to a relevant building, the Commissioner of Building Control may, by written notice, require the owner of the relevant building (who may or may not be the applicant of a trigger application relating to the same relevant building) to do the following:(a)
to prepare and submit for approval the plans of relevant building works specified by the Commissioner of Building Control in the notice in relation to that relevant building;
(b)
where the plans of the relevant building works mentioned in paragraph (a) are approved, to complete those relevant building works in relation to the relevant building within the time specified in the notice.
(2) An owner of a relevant building given a notice under subsection (1) who, without reasonable excuse, fails to comply with the notice —(a)
shall be guilty of an offence and shall be liable on conviction —(i)
to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; and
(ii)
to a further fine not exceeding $250 for each day or part of a day the owner fails to comply with the notice; and
(b)
in the case of a continuing failure to comply with the notice after conviction, shall be guilty of a further offence and shall be liable on conviction to a further fine not exceeding $500 for each day or part of a day during which the failure to comply continues after conviction.
(3) In this section —“factory” means any building that is used or allowed to be used —(a)
for handling, sorting, packing, storing, altering, repairing, constructing, processing or manufacturing any goods;
(b)
for the repair, construction or manufacturing of any vessel or vehicle; or
(c)
for any building operation or work of engineering construction,
and includes any building associated with a building used or allowed to be used for a purpose in paragraph (a), (b) or (c);
“relevant building” means a building —(a)
the gross floor area of which is more than 500 square metres, or such other smaller minimum area prescribed in substitution;
(b)
to which members of the public have access as of right or by virtue of express or implied permission, whether or not on payment of a fee, and whether or not access to the building may be restricted at particular times or for particular purposes; and
(c)
that is not comprised in any development which is used or allowed to be used solely for residential purposes or as a factory;
“relevant building works”, in relation to a relevant building, means building works to erect any physical feature —(a)
in any corridor, lobby, washroom or other common area in the relevant building to which occupiers of the relevant building have general access; and
(b)
towards satisfying the relevant performance requirement for the purposes of this Part;
“trigger application” means an application for approval of the plans of any building works under section 5(1) for the alteration, addition or repair of a relevant building.[Act 12 of 2020 wef 01/06/2023]
Duty of building owner, etc., not to alter
22E.—(1) Every owner or occupier of a building must not remove, alter or obstruct, or cause the removal, alteration or obstruction of, any physical feature of the building where —(a)
the physical feature satisfies the relevant performance requirement for the purposes of this Part; and
(b)
the removal, alteration or obstruction will cause the physical feature to cease to satisfy the relevant performance requirement.[47/2007]
(2) Where, in the opinion of the Commissioner of Building Control, any physical feature of a building mentioned in subsection (1)(a) has been removed, altered or obstructed so as to cease to satisfy the relevant performance requirement, the Commissioner of Building Control may, by written notice, require such repairs, work or alteration to the physical feature or the building or other remedial action as he or she thinks fit to be carried out to reinstate the physical feature so as to satisfy the relevant performance requirement.[47/2007]
(3) A notice to reinstate under subsection (2) must specify —(a)
the manner in which the repairs, work, alteration or remedial action specified in the notice is to be carried out;
(b)
the time within which the repairs, work, alteration or remedial action must commence;
(c)
the time within which the repairs, work, alteration or remedial action must be completed; and
(d)
that the repairs, work, alteration or remedial action must be carried out with due diligence to the satisfaction of the Commissioner of Building Control.[47/2007]
(4) A notice to reinstate under subsection (2) must be made in respect of any building or any physical feature thereof and must be served —(a)
on the owner of the building;
(b)
where that owner is not known or cannot be found by reasonable inquiry, on the occupier of the building;
(c)
in the case of a physical feature comprised in any common property or limited common property of any subdivided building, on the owner thereof; or
(d)
in the case of a physical feature comprised in any common property of residential or commercial property in any housing estate of the Housing and Development Board —(i)
on the Town Council receiving any rent or charge for the maintenance of that common property; or
(ii)
where there is no Town Council with the function and duty to maintain that common property, on the Housing and Development Board.[47/2007]
(5) If any person on whom a notice under subsection (2) 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 —(a)
to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both;
(b)
to a further fine not exceeding $250 for each day or part of a day the person fails, without reasonable excuse, to comply with the requirements of that notice; and
(c)
in the case of a continuing offence after conviction, to a further fine not exceeding $500 for every day or part of a day during which the failure to comply continues after conviction.[47/2007]
Appeal against notice to reinstate
22F.—(1) Any person on whom a notice to reinstate under section 22E(2) 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.[47/2007]
(2) Even though an appeal is lodged under subsection (1), the notice appealed against takes effect and must be complied with unless otherwise ordered by the Minister.[47/2007]
(3) The Minister may determine an appeal under this section by confirming, varying or cancelling the notice of the Commissioner of Building Control under section 22E(2).[47/2007]
(4) The decision of the Minister in any appeal under this section is final.[47/2007]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
