Compensation, damages, fees, costs and expenses to be determined by Magistrate’s Court or District Court
Open ↗48.—(1) Except as otherwise provided, in all cases where compensation, damages, fees, costs or expenses are provided under this Act to be paid, the amount and (if necessary) the apportionment of the amount and any question of liability are, in case of dispute, or failure to pay, to be summarily ascertained and determined by a Magistrate’s Court or, if the amount claimed exceeds the Magistrate’s Court limit, by a District Court.
(2) In any proceeding under subsection (1), the Magistrate’s Court or District Court may —(a)
inquire whether those expenses ought to be borne wholly or in part by some person other than the defendant in the proceedings;
(b)
make any order concerning the expenses or their apportionment that appears to the Court to be just; and
(c)
where those expenses were incurred under section 26(6), 33(7E) or 41(1)(b) by the Board in carrying out any works specified in a notice, inquire whether any requirement specified in the notice was reasonable.[10/2012]
[Act 38 of 2024 wef 01/03/2025]
(3) The Magistrate’s Court or District Court is not to order the expenses or any part of the expenses to be borne by any person other than the defendant in the proceedings unless the Court is satisfied that the other person has had due notice of the proceedings and an opportunity of being heard.
(4) If the amount of compensation, damages, fees, costs or expenses is not paid by the party liable to pay it within 7 days after demand, that amount may be reported to a Magistrate’s Court or District Court and recovered in the same way as if it were a fine imposed by a Magistrate’s Court or District Court.
(5) An appeal lies to the General Division of the High Court from any decision of a Magistrate’s Court or District Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to all such appeals.[40/2019]
Occupier may execute work where owner defaults in execution of work
Open ↗49.—(1) Whenever default is made by an owner of any premises in the execution of any work required under this Act to be executed by the owner, an occupier of the premises may, with the approval of the Board, cause the work to be executed.
(2) The expense of the work executed under subsection (1) must be paid to the occupier by the owner of the premises or the amount may be deducted out of the rent from time to time becoming due from the occupier to the owner, and the occupier may, in the absence of any special agreement to the contrary, retain possession until that expense has been fully reimbursed to the occupier.
Recovery of costs and expenses payable by owners
Open ↗50.—(1) All sums payable by or recoverable from the owner of any premises in respect of costs and expenses incurred by the Board in connection with the execution of any work which are under this Act recoverable from an owner of any premises are, subject and without prejudice to any other rights of the Board, a first charge on the premises in respect of which the costs and expenses were incurred.
(2) In addition to any other remedies conferred by this Act, any such sum may be recovered in the manner provided in this section, and the person or persons liable to pay it are the owner or owners at the time when the work was completed.
(3) If any such sum remains unpaid at the end of the prescribed time, a notice must be served upon the person or any one of the persons (if more than one) liable to pay it, calling on the person to pay that sum together with a prescribed fee for the cost of the notice, within 15 days from the date of service of the notice.
(4) Without affecting section 62, if no person liable to pay the sum can be found, the notice is deemed to have been duly served by the posting of it at the office of the Board and by fixing a copy of it on some conspicuous part of the premises in respect of which the costs and expenses were incurred.
(5) At the end of the period of 15 days or any further period that the Board may allow, if any such sum or part of the sum remains due and unpaid, it is deemed to be in arrears and may be recovered as provided in section 52.
(6) The charge mentioned in subsection (1) attaches, and the powers and remedies conferred by subsections (2) to (5) become exercisable, as from the date of completion of the work.
(7) Despite any change in the ownership or occupation of the premises after the completion of the work, the charge and the powers and remedies mentioned in subsection (6) may be exercised against the premises or against any movable property or crops for the time being found on the premises.
(8) An occupier who, when requested by or on behalf of the Board to state the name of the owner of the premises, refuses or wilfully omits to disclose or wilfully mis‑states the name shall, unless the occupier shows cause to the satisfaction of the court for the refusal or mis‑statement, be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
Recovery of costs and expenses by instalments
Open ↗51.—(1) When the Board has incurred costs and expenses in or about the execution of any work, which are, under this Act, payable by or recoverable from an owner, the Board may —(a)
recover those costs and expenses in the manner provided in section 50; or
(b)
if it thinks fit, make an arrangement with the owner for the payment of such instalments as will be sufficient to defray the whole amount of the costs and expenses with interest thereon at the prescribed rate, within a period not exceeding 10 years.
(2) If on the date appointed for payment by any such arrangement, there is default in payment of any instalment or interest, the whole of the balance then outstanding of that amount, together with any interest in arrears, immediately becomes due and payable and, despite any change in the ownership or occupation of the premises since the date of the arrangement, may be recovered in the manner provided in section 50.
Proceedings for recovery of arrears
Open ↗52.—(1) For the recovery of arrears, the Board has and may exercise, either successively or concurrently, in addition to any other remedies conferred by this Act, the following powers:(a)
the Board may issue a warrant of attachment and may seize by virtue of the warrant any movable property and crops of any person liable to pay the arrears and may also seize any movable property or crops belonging to anyone which are found on the premises in respect of which the arrears are due and may, after service of the prescribed notice, sell the same by public auction in any prescribed manner;
(b)
the Board may, by notice of sale to be served or published in the prescribed manner, declare its intention to sell, at the end of 3 months from the date of the notice of sale, the premises in respect of which the arrears are due and, if, at the end of that period, the arrears have not been paid or satisfied, the Board may sell by public auction, in lots or otherwise, the whole or such portion of the premises or such interest in the premises as it considers sufficient for the recovery of the arrears and costs.
(2) The Board must not proceed under subsection (1)(b) to sell the premises in respect of which the arrears are due, or any portion thereof or interest therein, where there is or are on the premises and liable to be seized and sold under subsection (1)(a) any movable property or crops belonging to the owner of a value estimated by the Board to be sufficient to realise the sum required to satisfy the arrears and costs.
(3) Any tenant, subtenant or occupier who, in order to avoid the seizure or sale of his, her or its property for arrears payable by the owner of the premises, pays the arrears and costs may thereafter, in the absence of any written agreement to the contrary —(a)
deduct the amount so paid from the rent due or to become due by the tenant, subtenant or occupier to his, her or its immediate landlord on account of the premises or such part of the premises as is held or occupied by the tenant, subtenant or occupier; and
(b)
may retain possession until that amount has been fully reimbursed to the tenant, subtenant or occupier whether by deduction from the rent or otherwise.
(4) Any tenant or subtenant who has reimbursed, whether by allowing a deduction from rent or otherwise, any subtenant or occupier holding or occupying under the tenant or firstmentioned subtenant the amount so paid by that subtenant or occupier, has a similar right to deduct the amount from the rent due or to become due to the tenant’s or firstmentioned subtenant’s immediate landlord and to retain possession until similarly reimbursed.
(5) The receipt of any authorised officer for any amount so paid by any such tenant, subtenant or occupier is deemed an acquittance in full for the same amount of rent.
(6) If any premises in respect of which arrears are due, or any movable property or crops mentioned in subsection (1) or the proceeds of sale thereof, are already in the custody of the law under any enforcement order by which the Board is unable to exercise the remedies conferred by this section, the Board —(a)
may notify the Sheriff or the bailiff of the court concerned of the amount of the arrears; and
(b)
is entitled, without obtaining a judgment, to be paid that amount out of the proceeds of sale of the premises or property in priority to the judgment debtor and to the judgment creditor and to any other creditor except the Government.[Act 25 of 2021 wef 01/04/2022]
(7) A certificate from the Board is, unless it is disputed by the judgment debtor, conclusive evidence of the amount of the arrears, and, in case of dispute, the amount is to be summarily determined by a Magistrate’s Court.
(8) Where any premises (not being registered land) are sold under subsection (1)(b), the Board has the power to execute the conveyance and the purchaser of the premises need not be concerned to inquire whether the provisions of this Act relating to the sale and the conveyance have been complied with nor otherwise to inquire into the regularity or validity of the sale and conveyance.
(9) Section 144 of the Land Titles Act 1993 applies, with the necessary modifications, to any premises sold under subsection (1)(b) which is registered land.
Attachment
Open ↗53.—(1) The attachment referred to in section 52(1)(a) may be made by a person appointed for the purpose by the Board who must give public notice of the attachment in the prescribed manner and must take an inventory of the property attached.
(2) A person appointed under subsection (1) is deemed to be a public servant within the meaning of the Penal Code 1871.
(3) Such a person may break open in the daytime any house or building for the purpose of effecting the attachment.
Application of proceeds of sale
Open ↗54.—(1) The proceeds of a sale under section 52(1) and (2) must be applied in the first place in satisfaction of the arrears together with interest thereon at the prescribed rates and costs.
(2) Where there is any surplus remaining, the Board must —(a)
if satisfied as to the right of any person claiming the surplus, pay the amount of the surplus to that person; or
(b)
if not so satisfied, hold the amount in trust for the person who may ultimately succeed in due course of law in establishing that person’s title to the surplus.
(3) If no title is established to the surplus within a period of 5 years from the date of the sale, it must be paid into the funds of the Board.
Title acquired by purchaser at sale by Board
Open ↗55.—(1) The purchaser at a sale held under section 52(1)(b) is deemed to have acquired the right offered for sale free from all encumbrances created over it and from all subordinate interests derived from it except that which is expressly reserved by the Board at the time of sale.
(2) The Board must notify, by an advertisement published in the Gazette, the result of the sale and the conveyance to the purchaser of the property or right offered for sale.
Costs of proceedings for recovery of arrears
Open ↗56. All costs of any proceedings for the recovery of arrears may be recovered as if they formed part of the arrears.
Power to stop sale
Open ↗57. If any person having any interest in any property liable to be sold at any time previous to such sale tenders to the Board the arrears with interest and costs, the Board must then cease all further proceedings in respect of the sale.
Application to court
Open ↗58.—(1) If any person whose movable property, crop or land has been attached or offered for sale disputes the attachment or sale, the person may apply to the General Division of the High Court or a District Court for an order to stay the proceedings.[40/2019]
(2) The General Division of the High Court or District Court, after hearing the Board and making such further inquiry as is necessary, is to make such order as is just.[40/2019]
(3) No application is to be entertained by the General Division of the High Court or District Court under this section unless the applicant has deposited in court the amount of the arrears and costs or furnished security for them to the satisfaction of the General Division of the High Court or District Court.[40/2019]
Liability of transferor who has not given notice
Open ↗59.—(1) Every person who sells or transfers any property in respect of which costs and expenses have been incurred by the Board in connection with the execution of any work which are, under this Act, recoverable from the owner or owners of the property, continues to be liable for —(a)
the payment of all the costs and expenses payable in respect of the property which become payable; and
(b)
the performance of all other obligations imposed by this Act upon the owner of the property which are to be performed,
at any time before the notice of transfer required by section 19 of the Property Tax Act 1960 has been given.
(2) Nothing in subsection (1) affects the liability of the purchaser or transferee to pay such costs and expenses in respect of the property or affects the right of the Board to recover such costs and expenses or to enforce any obligation under this Act.
Proceedings where occupier opposes execution of work
Open ↗60.—(1) If the occupier of any premises prevents the owner of the premises from carrying into effect in respect of the premises any of the provisions of this Act after notice of the owner’s intention to do so has been given by the owner to that occupier, a Magistrate’s Court, upon proof thereof and upon application by the owner, may —(a)
make a written order, requiring the occupier to permit the owner to execute all such works with respect to the premises as are necessary for carrying into effect the provisions of this Act; and
(b)
if it thinks fit, order the occupier to pay to the owner the costs relating to the application or order.
(2) If after the end of 8 days from the date of the order the occupier continues to refuse to permit the owner to execute the works, the occupier shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 for every day during which the occupier so continues to refuse.
(3) Every such owner is, during the continuance of such refusal, discharged from any penalty to which the owner might otherwise have become liable by reason of the owner’s default in executing the works.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
