Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Other rights and remedies not affected by this Act
123. Nothing in this Act affects or takes away any rights or remedies that a subsidiary proprietor or mortgagee of a lot or a management corporation may have in relation to any lot or the common property apart from this Act.
Legal proceedings
124.—(1) Every application to the court under this Act must be by originating application.[Act 25 of 2021 wef 01/04/2022] (2) Where this Act provides for any sum to be recovered by any person or authority from any other person or authority, the sum may be recovered by an action for a debt in any court of competent jurisdiction.
Corporate offenders and unincorporated associations
125.—(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate, the officer as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of the body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association or a member of its governing body, the officer or member as well as the association shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (5) In this section —“body corporate” includes a limited liability partnership; “officer” —(a) in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body or person purporting to act in any such capacity; or (b) in relation to an unincorporated association (other than a partnership), means the president, the secretary and members of the committee of the association and includes persons holding positions analogous to those of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner.[35/2017]
Monitoring powers of Commissioner
126.—(1) The Commissioner may by notice require an owner developer of a development, the relevant member in the council of any management corporation or the executive committee of any subsidiary management corporation, a managing agent or an employee of the managing agent or other person —(a) to produce for inspection, without fee or reward, by the Commissioner or a person authorised by the Commissioner, any such books, registers, documents or other records relating to the maintenance of buildings, the maintenance of a development before a strata title plan is registered for the development or the management of the management corporation or subsidiary management corporation (as the case may be) as the Commissioner may reasonably require for the purposes of the carrying out of his or her functions under this Act; or (b) to furnish the Commissioner, or a person authorised by the Commissioner, with such information or explanation relating to the maintenance of buildings, the maintenance of a development before a strata title plan is registered for the development or the management of the management corporation or subsidiary management corporation (as the case may be) as the Commissioner may reasonably so require, and to do so within a reasonable time specified in the notice. [35/2017] (2) The Commissioner or a person authorised by the Commissioner may without fee or reward —(a) make copies of or extracts from, or records of any information contained in, any books, registers, documents or other records produced under subsection (1)(a); or (b) make copies of or extracts from or records of any information or explanation furnished under subsection (1)(b). (3) The Commissioner, or a person authorised in writing by the Commissioner, may enter at any reasonable time any building, common property or limited common property and having entered the building, common property or limited common property may do all or any of the following:(a) inspect any book, register, document or other records relating to —(i) the management of a management corporation or subsidiary management corporation; (ii) the maintenance of a development before a strata title plan is registered for the development; or (iii) the maintenance of any building; (b) make copies of, or records of any information contained in, any such books, registers, documents or other records; (c) carry out checks to ascertain whether there is, or has been, on or in connection with the building, common property or limited common property (as the case may be), a contravention of any requirement by or under this Act; (d) carry out checks to ascertain whether circumstances exist that would authorise the Commissioner or any person appointed by the Commissioner for this purpose to take any action or execute any work authorised or required by or under this Act; (e) take any action or execute any work, authorised or required by or under this Act.[35/2017] (4) Where any records mentioned in subsection (1) or (3) are kept in electronic form, then —(a) the power of the Commissioner under subsection (1) to require the records to be produced for inspection includes power to require a copy of the records to be made available for inspection in legible form (and subsection (2)(a) applies accordingly in relation to any copy so made available); and (b) the power of any person (called in this subsection the inspector) under subsection (3) to inspect the records includes power to require any person in the building, on common property or limited common property in question to give the inspector the assistance the inspector reasonably requires to enable him or her —(i) to inspect and make copies of the records in legible form or to make records of information contained in them; or (ii) to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of the records.[35/2017] (5) In addition to the powers conferred on him or her by subsections (1) and (2), the Commissioner or a person authorised by the Commissioner may require, by written order, the attendance before the Commissioner or authorised person of —(a) an owner developer of any development or an employee thereof, a managing agent or an employee of a managing agent, being within the limits of Singapore who, from any information given or otherwise obtained by the Commissioner, appears to be acquainted with the circumstances of the case; (b) the relevant member in the council of any management corporation or the executive committee of any subsidiary management corporation, any managing agent, or any employee thereof, who, from any information given or otherwise obtained by the Commissioner, appears to be acquainted with the circumstances of the case; or (c) any other person who, from any information given or otherwise obtained by the Commissioner, appears to be acquainted with the maintenance of a building or the circumstances of the case.[35/2017] (5A) Any statement made by any person required under subsection (5) to attend before the Commissioner or authorised person must —(a) be reduced to writing; (b) be read over to the person; (c) if the person does not understand English, be interpreted for the person in a language that the person understands; and (d) after correction (if necessary) be signed by that person.[35/2017] (6) Any person who —(a) refuses to give access to, or assaults, obstructs, hinders or delays, the Commissioner or a person authorised under this section (called in this subsection the authorised person) in the discharge of the duties by the Commissioner or authorised person under this Act; (b) without reasonable excuse, refuses to give any information or produce any book, register, document or copy thereof required of the person by the Commissioner or authorised person under subsection (1); or (c) without reasonable excuse, fails to comply with a lawful demand of the Commissioner or authorised person in the discharge by the Commissioner or authorised person of his or her duties under this section, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both. (7) A person is not excused from giving any information required under this section on the ground that the giving of the information might tend to incriminate the person or expose the person to a punishment.[35/2017] (8) Where a person claims, before giving any information that the person is required under this section to give, that the giving of the information might tend to incriminate the person —(a) that information; (b) the giving of the information; and (c) any information, document or thing obtained as a direct or indirect consequence of the giving of the information, is not admissible in evidence against the person in any criminal proceedings other than proceedings for an offence under section 127. [35/2017] (9) The powers conferred under subsection (1), (2), (3) or (5) may only be exercised by the Commissioner (or, as the case may be, by a person authorised by the Commissioner) —(a) for ensuring that the provisions of this Act and the regulations with respect to any of the following are being complied with:(i) the maintenance of buildings; (ii) the maintenance of a development before a strata title plan is registered for the development; (iii) the management of management corporations or subsidiary management corporations; (iv) any approval, permit or authorisation required by or under this Act with respect to any matter in sub‑paragraph (i), (ii) or (iii); or (b) for investigating any offence under this Act or any regulations made under section 136.[35/2017]
Supply of false or misleading information to Commissioner
127.—(1) Any person who knowingly or recklessly provides the Commissioner with information which is false or misleading in a material particular shall be guilty of an offence if the information is provided —(a) in purported compliance with a requirement imposed by or under this Act; and (b) otherwise than as mentioned in paragraph (a) but in circumstances in which the person providing the information intends, or could reasonably be expected to know, that it would be used by the Commissioner for the purpose of discharging his or her functions under this Act. (2) Any person who —(a) alters, suppresses, conceals or destroys; or (b) causes or permits the alteration, suppression, concealment or destruction of, any document or other record relating to the financial affairs or transactions of an owner developer, a management corporation or subsidiary management corporation with the intention of falsifying the document or record or enabling that organisation or individual to evade any provision of this Act shall be guilty of an offence. (3) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
General penalties
128. Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000.[35/2017]
Service of notices
129.—(1) Unless otherwise expressly provided in this Act, a notice that is required or authorised by or under this Act or any by‑laws to be given to or served on a person may be given to or served on that person —(a) by posting it or sending it by fax to the person’s address for service (within the meaning of this section) or to the person’s last known place of residence or business; (b) by leaving it at the person’s address for service (within the meaning of this section) or at the person’s last known place of residence or business; or (c) by electronic communication, by sending an electronic communication of the notice to the last email address given to the sender by the person as the email address for the service of notices under this Act on the person.[35/2017] (1A) Unless otherwise expressly provided in this Act, a notice that is required or authorised by or under this Act or any by‑laws to be given or served on a subsidiary proprietor may, in addition to any method described in subsection (1), be given to or served on the subsidiary proprietor by affixing the notice on the front door of the subsidiary proprietor’s lot.[35/2017] (1B) Despite subsection (1), where a notice which is required or authorised by or under this Act or any by‑laws to be given or served on a subsidiary proprietor is given or served by a management corporation or subsidiary management corporation, by electronic communication as described in subsection (1)(c), that notice is not treated as given to or served on the subsidiary proprietor —(a) unless the notice is also posted to the subsidiary proprietor’s address for service (within the meaning of this section) or to the subsidiary proprietor’s last known place of residence or business; and (b) until subsection (5)(b) or (d) first applies.[35/2017] (2) A summons or other legal process may be served on a management corporation or subsidiary management corporation by leaving it with the chairperson or secretary of the management corporation or subsidiary management corporation or of the council or with any member of the council thereof. (3) A document other than a document mentioned in subsection (2) may be served on a management corporation or subsidiary management corporation —(a) by leaving it with any person referred to in subsection (1) or in the receptacle provided by the management corporation or subsidiary management corporation under section 28; (b) by sending it, by registered post, to the management corporation at its address recorded on the folio of the land‑register comprising the common property; or (c) by electronic communication, by sending an electronic communication of the notice to the last email address given to the sender by the management corporation or subsidiary management corporation as the email address for the service of documents under this Act on the management corporation or subsidiary management corporation, as the case may be.[35/2017] (4) The address for service for persons other than a management corporation or subsidiary management corporation is as follows:(a) in the case of an occupier of a lot, the address for service is the address of the lot; (b) where an address or an email address for service of notices is recorded in the address so recorded in the strata roll, the address so recorded.[35/2017] (5) Where any notice or other document is —(a) sent by fax in accordance with subsection (1), it is deemed to have been duly served on or given to the person to whom it is addressed where there is an acknowledgment by electronic or other means to the effect that the notice or document has been received at the address for service or place of residence or business, as the case may be; (b) sent by post, it is deemed to have been duly served on or given to the person to whom it is addressed as follows, even if the notice or document is returned undelivered:(i) on the 3rd working day after the day the notice or document was posted, if sent by prepaid registered post; (ii) on the 4th working day after the day the notice or document was posted, if sent by ordinary post; (c) delivered to or affixed on the front door of any lot, it is deemed to have been duly served on or given to the person on the date of the delivery or affixing of the notice or document at that lot; or (d) sent by electronic communication in accordance with subsection (1)(c), it is deemed to be duly served on or given to the person to whom the electronic communication is addressed when it becomes capable of being retrieved by the addressee at an electronic address designated by the addressee.[35/2017] (6) Subject to subsection (2), this section does not apply to notices and documents to be served in proceedings in court.
Inaccuracies in notices, etc.
129A.—(1) Any misnomer or inaccurate description of any person, premises or building or any other thing named or described in any notice or order given or served under or for the purposes of this Act does not render invalid the notice or order or affect the operation of this Act if the person, premises or building or other thing named or described in the notice or order is so designated or described as to be identifiable.[35/2017] (2) No proceedings taken under or by virtue of this Act is rendered invalid merely by reason of want of form, which otherwise would be valid.[35/2017]
Jurisdiction of court
130. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court and a Magistrate’s Court have jurisdiction to try any offence under this Act and have power to impose the full penalty or punishment in respect of the offence.
Composition of offences
131.—(1) The Commissioner may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following amounts:(a) one half of the amount of the maximum fine that is prescribed for the offence; (b) $5,000.[35/2017] (2) The Minister may make regulations to prescribe the offences which may be compounded. (3) All sums collected under this section must be paid into the Consolidated Fund.[35/2017] (4) The Commissioner, and any other officer appointed under section 3(3) to exercise the powers conferred on the Commissioner under this section, are, in relation to the administration, collection and enforcement of payment of composition sums under this section, each taken to be a public officer for the purposes of the Financial Procedure Act 1966; and section 20 of that Act applies to the Commissioner and other officer even though he or she is not or was not in the employment of the Government.[35/2017]
Protection from liability
132. No action shall lie against the Commissioner or any officer appointed under this Act or any person acting under the direction of the Commissioner or that officer in respect of any matter or thing done in good faith for the purpose of carrying out the provisions of this Act.
Application to Government
133. This Act binds the Government but nothing in this Act renders the Government liable to prosecution for an offence.
Exemption
134.—(1) The Minister may, by order in the Gazette, exempt any person or building, or any class of persons or buildings, from all or any of the provisions of this Act, subject to such terms or conditions as may be prescribed. (2) The Minister may, on the application of any person, exempt the person from all or any of the provisions of this Act, by written notice, if the Minister considers it appropriate to do so in the circumstances of the case. (3) An exemption under subsection (2) —(a) may be granted subject to such terms or conditions as the Minister may specify by notice in writing; (b) need not be published in the Gazette; and (c) may be withdrawn at any time if the Minister considers it necessary in the public interest. (4) Any person who contravenes any term or condition prescribed under subsection (1) or specified by the Minister under subsection (3)(a) shall be guilty of an offence.
Amendment of Schedules
135.—(1) The Minister may at any time, by order in the Gazette, amend the First or Second Schedule. (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provision as may be necessary or expedient.
Regulations
136.—(1) The Minister may make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters:(a) providing for proper standards of management and maintenance in respect of subdivided buildings, any common property and limited common property;[Act 12 of 2020 wef 01/10/2025] (aa) [Deleted by Act 12 of 2020 wef 01/10/2025] (ab) applying for approval from the Commissioner under section 18(1) of the maximum rate of maintenance charges for a development; (b) the nomination and election of members of the council of a management corporation or the executive committee of a subsidiary management corporation; (c) the minimum amount of contributions payable by subsidiary proprietors towards any sinking fund of a management corporation or subsidiary management corporation; (d) the investment of moneys belonging to a sinking fund of a management corporation or subsidiary management corporation; (e) the provision of parking places for the exclusive use of residents of lots in subdivided buildings used for both residential and commercial purposes; (f) the fees to be paid to management corporations or subsidiary management corporations for anything to be done under this Act; (g) the fees to be paid in respect of any matter or thing required for the purposes of this Act, including approvals, permits or licences required under this Act and the refund and remission, whether in whole or in part, of the fees; (h) the practice and procedure of the Strata Titles Boards; (ha) providing for or with respect to the means of voting (other than in person) at a general meeting that may be adopted by a management corporation or subsidiary management corporation, and the procedures for voting by those means; (i) any other matter which by this Act is required or permitted to be prescribed or is necessary or convenient to be prescribed for carrying out or giving effect to any provision of this Act.[35/2017] (3) Regulations made under this section may make different provisions for different types of buildings, common property and limited common property. (4) The Minister may, in making any regulations under subsection (1), provide that —(a) any contravention of any provision of the regulations relating to the maintenance of lifts and escalators, or incidents or accidents involving lifts or escalators, shall be an offence punishable with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both; or (b) any contravention of any provision of any other regulations made under that subsection shall be an offence punishable with a fine not exceeding $5,000.[35/2017] (5) Any regulations made under subsection (1) relating to the maintenance of lifts and escalators may apply, adopt or incorporate by reference —(a) either wholly or partially; (b) with or without modification; or (c) either specifically or by reference, any matter contained in any code, standard, rule, requirement, specification or other document, as in force or published at a particular time or as in force or published from time to time, which relates to any matter that those regulations deal with. [35/2017] (6) Unless otherwise provided in the regulations made under subsection (1), every material so applied, adopted or incorporated under subsection (5), and every amendment to any material so incorporated by reference under subsection (5) that is made by the person or organisation originating the material is, subject to subsections (7) and (8), to be treated as being a part of those regulations.[35/2017] (7) Where any material mentioned in subsection (5) is applied, adopted or incorporated by reference in any regulations made under subsection (1) relating to the maintenance of lifts and escalators, the Minister must give notice in the Gazette stating —(a) that the material is incorporated in those regulations, and the date on which the relevant provision in those regulations was made; (b) that the material is available for inspection without charge during working hours; (c) the place where the material can be inspected; (d) that copies of the material can be purchased, and the place where the material can be purchased; and (e) if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.[35/2017] (8) In addition, the Minister must cause a copy of every material applied, adopted or incorporated in regulations made under subsection (1) relating to the maintenance of lifts and escalators by reference under subsection (5), to be made available for inspection by members of the public without charge at any of the offices of the Building and Construction Authority during normal office hours.[35/2017] (9) In this section, “modification” includes omissions, additions and substitutions.[35/2017]
Saving and transitional provisions due to repeal of Buildings and Common Property (Maintenance and Management) Act (Cap. 30, 2000 Revised Edition)
137.—(1) The saving and transitional provisions contained in Part 1 of the Fourth Schedule (Provisions due to repeal of Buildings and Common Property (Maintenance and Management) Act) have effect. (2) Any written law or document referring to the repealed Buildings and Common Property (Maintenance and Management) Act (Cap. 30, 2000 Revised Edition) is, as far as may be necessary for preserving its effect, to be construed as referring or as including a reference to this Act.
Saving and transitional provisions due to amendments to Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition)
138.—(1) (2) The saving and transitional provisions contained in Part 2 of the Fourth Schedule (Provisions due to amendments to Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition)) have effect.
Saving and transitional provisions
139.—(1) Except as otherwise expressly provided in the Fourth Schedule to this Act —(a) the provisions of this Act apply to buildings comprised in any strata title plan registered under the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) before 1 April 2005; and (b) nothing in that Schedule affects any saving provided by the Interpretation Act 1965. (2) Except as otherwise expressly provided in the Fourth Schedule, where any period of time specified in any former provision is current immediately before the date of commencement for the repeal or amendment (as the case may be) of the former provision, this Act has effect as if the corresponding provision in this Act had been in force when the period began to run; and (without affecting the foregoing) any period of time so specified and current is deemed for the purposes of this Act —(a) to run from the date or event from which it was running immediately before that day; and (b) to expire (subject to any provision of this Act for its extension) whenever it would have expired if this Act had not been enacted, and any rights, priorities, liabilities, reliefs, obligations, requirements, powers, duties or exemptions dependent on the beginning, duration or end of such a period as above mentioned are to be under this Act as they were or would have been under that former provision. (3) (4) In this section, “former provision” means any provision in the repealed Act or any provision of the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) repealed or amended by this Act.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
The Singapore legislation on this platform is subject to copyright of the Singapore Government and is used/reproduced for the purposes of this platform with the permission of the Attorney-General's Chambers. Users of this platform may check Singapore Statutes Online for the latest version of the Singapore legislation.