Recovery of conservancy and service charges from sale of flat
66.—(1) Where any conservancy and service charges levied in respect of any flat by a Town Council under section 53 remain unpaid on the expiry of the period of 90 days after the Town Council has served on the owner of the flat a written demand for such charges under section 53(6), the charges, together with any interest accrued thereon constitute a charge on the flat on the expiry of that period in favour of the Town Council.
(2) Upon the constitution of the charge on a flat under subsection (1), the Town Council has the power of sale and all other powers relating or incidental thereto to sell and effectually transfer the title to the flat to any purchaser as if the Town Council is a registered mortgagee even though the charge is not registered under the Land Titles Act 1993.
(3) Any charge on a flat constituted under subsection (1) is subject to —(a)
all encumbrances registered or notified under the Land Titles Act 1993 in respect of that flat before the date of the constitution of the charge;
(b)
all moneys due under the lease of the flat to the Board (on its own account or on account of the Central Provident Fund Board), whether before, on or after the date of the constitution of the charge; and
(c)
all moneys due to the Central Provident Fund Board under the charge constituted under section 21 or 21B of the Central Provident Fund Act 1953, whether before, on or after the date of the constitution of the charge.[23/2005]
(4) Subject to subsection (5), a Town Council may, with the prior written approval of the Board, by notice of sale to be served or published in the prescribed manner, declare its intention of selling, on the expiry of the period of 90 days from the date of the notice of sale, any flat which is subject to a charge constituted under subsection (1), and if, on the expiry of that period, any conservancy and service charges (including any interest thereon) or any part thereof have not been paid or satisfied, the Town Council may sell that flat.
(5) A Town Council must not proceed under subsection (4) to sell any flat in respect of which any conservancy and service charges or any part thereof are due if there is or are upon the flat and liable to be seized and sold by the Town Council by enforcement order for seizure and sale of property movable property belonging to the owner of the flat of a value estimated by the Town Council to be sufficient to realise the sum required to satisfy such unpaid charges and costs.[Act 25 of 2021 wef 01/04/2022]
(6) Where a Town Council has sold any flat under subsection (4), neither the purchaser of the flat nor the Registrar of Titles appointed under the Land Titles Act 1993 are to be concerned to inquire into the regularity or validity of the sale or transfer.
(7) For the purpose of registration of a transfer of any flat sold under subsection (4), the Registrar of Titles may dispense with the production of the duplicate lease of the flat or the duplicate subsidiary certificate of title in respect of the flat, as the case may be.
(8) The moneys received by a Town Council in exercise of its power of sale under subsection (4), after discharging all prior encumbrances, must be held by it in trust to be applied —(a)
firstly, in payment of all costs and expenses properly and reasonably incurred by the Town Council as incidental to the sale or any attempted sale, or otherwise;
(b)
secondly, in payment to the Central Provident Fund Board of all moneys secured by its charge constituted under section 21 or 21B of the Central Provident Fund Act 1953 and are mentioned in subsection (3);
(c)
thirdly, in payment to the Board of such moneys due under the lease of the flat to the Board as are mentioned in subsection (3);
(d)
fourthly, in payment to the Board of all moneys secured by its charge on the flat (if any) under section 82 of the Housing and Development Act 1959 for unpaid improvement contribution, and in payment to the Town Council of all moneys secured by its charge on the flat (if any), in the order of their priority;
(e)
fifthly, in discharge, equally and without preference, of —(i)
the conservancy and service charges and interest accrued and due to the Town Council at the date of sale; and
(ii)
any improvement contribution (including any interest and penalty thereon) accrued and due to the Town Council at the date of the sale, whether or not secured by any charge under section 32;
(f)
sixthly, in discharge of any improvement contribution (including any interest and penalty thereon) accrued and due to the Board at the date of the sale, which is not secured by any charge under section 78 of the Housing and Development Act 1959;
(g)
seventhly, in payment of subsequent mortgages and charges (if any) in the order of their priority; and
(h)
finally, the residue of such moneys so received must be paid to the person who appears from the land‑register kept under the Land Titles Act 1993 to be entitled to the flat sold or to be authorised to give receipts for the proceeds of the sale thereof.[23/2005]
(9) Despite section 80 of the Land Titles Act 1993, where further conservancy and service charges and interest thereon are due to a Town Council when a charge on a flat constituted under subsection (1) is subsisting, the amount of the charges due (including interest thereon) rank in priority to any other claims on the flat as if the charges were due at the date of the constitution of that charge.
(10) Any charge on a flat constituted under subsection (1) —(a)
continues in force until all the conservancy and service charges (including any interest thereon) secured by the charge have been paid; and
(b)
upon payment of the conservancy and service charges (including any interest thereon) and any necessary incidental expenses to the Town Council before it has exercised its powers of sale under subsection (4), is discharged and the owner of the flat is entitled to a certificate of discharge executed and acknowledged by the Town Council as to the receipt of such payment.
(11) For the purpose of estimating the value of any movable property belonging to the owner of a flat under subsection (5), a Town Council may, by its employees or agents, enter upon the flat to carry out such valuation at any reasonable time after giving notice to any occupier of the flat.[44
Deduction of arrears of charges from compensation and other moneys payable by Board
67. Where any conservancy and service charges are due and remain unpaid by the owner or tenant of any flat to a Town Council upon the vesting of the flat in the Board under section 59 or 66 of the Housing and Development Act 1959 or upon the termination of the tenancy or lease of the flat, the Board may, on a request in writing by the Town Council and despite section 67 of that Act —(a)
deduct such charges (including any interest and penalty thereon) remaining unpaid from any compensation, cash deposit and any other moneys in respect of the flat payable by the Board to the owner or tenant of the flat; and
(b)
subject to the law relating to bankruptcy and all statutory charges, encumbrances and moneys due and payable to the Board, pay the amount so deducted to the Town Council as soon as practicable.[45
Fines to be paid into Town Council Fund
68. All fines imposed under this Act or any by-law made by a Town Council, less all reasonable legal costs (whenever incurred) for the prosecution thereof, and all moneys collected by it under section 72 must be paid into the Town Council Fund.[46
[23/2005]
Demand for particulars
69.—(1) A Town Council or any member or employee of a Town Council or any police officer who reasonably believes that any person has committed an offence under this Act or any by-law or rules made under this Act may require the person to provide evidence of the person’s identity.
(2) The person mentioned in subsection (1) must thereupon provide such evidence of the person’s identity as may be required by the police officer, the Town Council or its member or employee.
(3) A Town Council may, subject to such conditions as it thinks fit, delegate to its managing agent or any employee of its managing agent the power under subsection (1).
(4) Any power so delegated may be exercised by the agent or employee mentioned in subsection (3), subject to the production of his or her authority when requested, in the name and on behalf of the Town Council.
(5) A person who refuses to provide any information required of the person by a Town Council, any member or employee of the Town Council, any police officer or any person to whom the power under subsection (1) has been delegated under subsection (3), or who wilfully misstates such information, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.[47
Liability of owners of vehicles for parking offences
70.—(1) When a parking offence is committed within a Town, the person who, at the time of the commission of the offence, is the owner of the vehicle in respect of which the offence is committed shall be guilty of an offence under any by-law made by the Town Council in all respects as if the person were the actual offender guilty of the parking offence unless the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.
(2) Nothing in this section affects the liability of the actual offender except that where a penalty has been imposed on or recovered from a person in relation to any parking offence, no further penalty may be imposed on or recovered from any other person in relation thereto.
(3) Despite subsection (1), no owner of a vehicle shall by virtue of this section be guilty of an offence if the owner of the vehicle —(a)
within 7 days after a Town Council serves on the owner of the vehicle a notice alleging that the owner has been guilty of the offence, provides by statutory declaration to the Town Council the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence;
(b)
satisfies the Town Council that the owner did not know and could not with reasonable diligence have ascertained such name and address; or
(c)
satisfies the court that the owner did not know and could not with reasonable diligence have ascertained such name and address.
(4) A statutory declaration made under subsection (3)(a), if produced in any proceedings against the person named therein and in respect of any parking offence, is prima facie evidence that the person was in charge of the vehicle at all relevant times relating to the parking offence.
(5) A statutory declaration which relates to more than one parking offence is not regarded as a statutory declaration under, or for the purposes of, subsection (3)(a).
(6) In this section —“owner”, in relation to a vehicle, includes —(a)
any person who has the use of the vehicle under a hire-purchase agreement but excludes the owner under any such agreement;
(b)
the person in whose name the vehicle is registered except where the person has sold or otherwise disposed of the vehicle and has complied with the rules made under the Road Traffic Act 1961 applicable to him in regard to such sale or disposal; and
(c)
in the case of a vehicle in respect of which a general licence is issued under section 28 of the Road Traffic Act 1961, the person to whom the general licence is issued;
“parking offence” means an offence of parking a vehicle or of causing or permitting a vehicle to stand, wait or be parked in contravention of any by-law made by a Town Council.[48
Personal liability of members, etc., for certain offences
71.—(1) Where a Town Council commits an offence under section 24(4) or 61(4), an individual —(a)
who is the chairperson of, or secretary to, the Town Council, or who was purporting to act in any such capacity; and
(b)
who —(i)
consented or connived to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the Town Council; or
(iii)
knew or ought reasonably to have known that the offence by the Town Council (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of that same offence as is the Town Council, and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part of a day during which the offence continues after conviction.
[17/2017]
(2) Where a Town Council commits a relevant offence, an individual —(a)
who is the chairperson of, or secretary to, the Town Council, or who was purporting to act in any such capacity; and
(b)
who —(i)
consented or connived to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the Town Council; or
(iii)
knew or ought reasonably to have known that the offence by the Town Council (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of that same offence as is the Town Council, and shall be liable on conviction to a fine not exceeding $5,000.
[17/2017]
(3) In subsection (2), “relevant offence” means an offence —(a)
under section 21(8), 25(6), 47(9) or 52(15);
(b)
under the Financial Rules made under section 57; or
(c)
under any rules made under section 82 about the governance of Town Councils.[17/2017]
(4) To avoid doubt, subsections (1) and (2) do not affect the liability of a Town Council for an offence mentioned in that subsection, and apply whether or not the Town Council is convicted of the offence.[17/2017]
(5) To avoid doubt, this section also does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.[48A
[17/2017]
Composition of offences
72.—(1) A Town Council may compound any offence under any by‑law made by it for a purpose mentioned in section 28(1) and which is prescribed in those by‑laws as a compoundable offence by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $2,000.[17/2017]
(2) A public officer authorised by the Minister may compound any offence under this Act or rules made under this Act that is prescribed under section 82 as a compoundable offence, by collecting from a Town Council or other 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)
$2,000.[17/2017]
(3) On payment by a person to a Town Council or public officer (as the case may be) of a sum of money under subsection (1) or (2), no further proceedings are to be taken against that person in respect of the offence.[49
[17/2017]
Legal proceedings
73. Any charges, fees or expenses or any penalties for late payment of such charges or fees payable to a Town Council under this Act may be recovered by the Town Council by an action for a debt in any court of competent authority.[51
[33/2018]
Protection from personal liability
74. No suit or other legal proceedings shall lie personally against any member, officer or employee of a Town Council or other person acting under the direction of a Town Council for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other Act. [52
Board’s obligations under existing leases of flats
75.—(1) On the expiry of the period of 180 days (or such shorter period as the Minister may determine) after the establishment of a Town Council for the Town and so long as a Town Council is established for the Town, the Board as the lessor of the flats in the residential and commercial property and of the stalls in the market and food centres within the Town ceases, despite the Housing and Development Act 1959 and the terms, covenants and conditions in the leases of those flats or stalls to the contrary, to be liable for the maintenance and management of the common property of the residential and commercial property in the housing estates in which those flats or stalls are situated, including the provision of cleaning services and the maintenance of mechanical equipment and installations in the Town, and thereupon the Town Council is liable for the maintenance and management of that common property.
(2) Upon the establishment of a Town Council for the Town and so long as a Town Council is established for the Town, except as otherwise provided in this Act, the terms, covenants and conditions in the leases of the flats and stalls mentioned in subsection (1) continue in force.
(3) The Board as the lessor of the flats or stalls within the Town mentioned in subsection (1) is entitled to enforce the performance of the terms, covenants and conditions in the leases as if this Act had not been enacted.[53
Board’s liability for repairs, etc.
76. The Board is not liable in respect of any action, claim or proceedings arising out of any —(a)
repairs, maintenance, improvements or other works carried out by a Town Council or its agents to the common property of the residential and commercial property in the housing estates within the Town; or
(b)
charges paid to a Town Council by any person under this Act to meet the costs of such repairs, maintenance, improvements or other works. [54
Handover notices of common property
77.—(1) This section applies only to and in relation to any part of a housing estate that is not comprised in any flat and that —(a)
is in a housing estate in respect of which a temporary occupation permit is issued on or after 1 May 2017; or
(b)
is excluded (whether before, on or after 1 May 2017) under the definition of “common property” in section 2(1) from being regarded as common property —(i)
for a period;
(ii)
because of the use or description of the part of the housing estate;
(iii)
because of the status or description of the owner of the part of the housing estate; or
(iv)
subject to any other condition (whether a condition precedent or a condition subsequent).[17/2017]
(2) Subject to subsections (4) and (5), the Board may —(a)
issue a handover notice in respect of any part of a housing estate of the Board that is not comprised in any flat and is within the area of a Town; and
(b)
give that handover notice to the Town Council whose Town area includes that housing estate.[17/2017]
(3) The Town Council to whom a handover notice is given under this section in respect of any part of a housing estate of the Board assumes in relation to that part, with effect from the date specified in the handover notice, the functions of this Act relating to common property within its Town.[17/2017]
(4) A handover notice may be issued only as follows:(a)
for a part of a housing estate mentioned in subsection (1)(a) — after a temporary occupation permit is issued in respect of that part of the housing estate;
(b)
for a part of a housing estate mentioned in subsection (1)(b) — after whichever of the following first happens:(i)
when the specified period for the exclusion described in subsection (1)(b)(i) ends;
(ii)
when there is a change in the use or description of the part of the housing estate as to render the part no longer within any use or description in any exclusion described in subsection (1)(b)(ii);
(iii)
when there is a change to the status or description of the owner of the part of the housing estate as to render the owner not having any status or meeting any description in any exclusion described in subsection (1)(b)(iii);
(iv)
when the condition (whether a condition precedent or a condition subsequent) subject to which the exclusion described in subsection (1)(b)(iv) is granted is first breached.[17/2017]
(5) Every handover notice issued under this section is irrevocable.[17/2017]
(6) In this section, “temporary occupation permit”, for a building or part of a building in a housing estate, means —(a)
a temporary occupation permit granted under the Building Control Act 1989 for the building or part of the building; or
(b)
a certificate of statutory completion issued under that Act for that building or part of that building where no temporary occupation permit is so granted.[54A
[17/2017]
Relationship between Board and Town Council
78.—(1) To avoid doubt, any function, power, requirement or duty conferred on a Town Council by this Act must be performed or exercised in a way that is consistent with the title and rights of the Board as owner of the common property within the Town for which the Town Council is established.[17/2017]
(2) Despite section 75, where a Town Council is dissolved by order under section 3, the Board is, upon the dissolution of that Town Council and pending the establishment of another Town Council for the Town, responsible and liable, as the owner of the housing estates within the Town, for the maintenance and management of such housing estates and is entitled to enforce the performance of the terms, covenants and conditions in the leases relating to such housing estates as if this Act had not been enacted.[55
[17/2017]
Public servants for purposes of Penal Code 1871
79. All members, officers and employees of a Town Council and all employees of its managing agent are deemed to be public servants for the purposes of the Penal Code 1871.[56
Town Council’s address for service
80.—(1) Every Town Council must —(a)
ensure that notice of each of the following is given to the Minister:(i)
an address for the service of notices or documents;
(ii)
a fax number for the service of notices or documents by fax;
(iii)
an email address for the service of notices or documents by email; and
(b)
cause to be constructed and maintained a receptacle suitable for the receipt of mail and other documents with the name of the Town Council clearly shown on the receptacle, at the address in paragraph (a)(i).[17/2017]
(2) A Town Council may from time to time change any address or fax number, as given to the Minister under subsection (1)(a), for the service of notices or documents on the Town Council.[17/2017]
(3) Where a Town Council has, under subsection (2), decided to change the address or fax number for the service of notices or documents on it, the Town Council must, within 7 days after deciding —(a)
notify the Minister of the change and the effective date of the change; and
(b)
cause to be published (at the Town Council’s cost), before the change takes effect, a notice about the new address or fax number for service of notices or documents on the Town Council and the effective date of the change, in a manner that will secure adequate publicity for the change.[56A
[17/2017]
Service of documents and notices, etc.
81.—(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section.[17/2017]
(2) A document permitted or required by this Act to be served on an individual may be served —(a)
by giving it to the individual personally;
(b)
by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;
(c)
by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there;
(d)
by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address;
(e)
by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or
(f)
by sending it by email to the individual’s last email address.[17/2017]
(3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served —(a)
by giving it to any partner or other like officer of the partnership;
(b)
by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address;
(c)
by sending it by fax to the fax number used at the partnership’s business address; or
(d)
by sending it by email to the partnership’s last email address.[17/2017]
(4) Subject to subsection (5), a document permitted or required by this Act to be served on a body corporate (including a limited liability partnership but not a Town Council) or an unincorporated association may be served —(a)
by giving it to the secretary or other like officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;
(b)
by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association;
(c)
by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or
(d)
by sending it by email to the last email address of the body corporate or unincorporated association.[17/2017]
(5) A document permitted or required by this Act to be served on a Town Council may be served —(a)
by leaving it with the chairperson of, or secretary to, the Town Council or in the receptacle provided by the Town Council under section 80(1)(b);
(b)
by leaving it at, or by sending it by prepaid registered post to, the Town Council at the last address notified to the Minister under section 80(1) or (3);
(c)
by sending it by fax to the last fax number notified to the Minister under section 80(1) or (3); or
(d)
by sending it by email to the last email address of the Town Council notified to the Minister under section 80(1) or (3).[17/2017]
(6) Service of a document under this section takes effect —(a)
if the document is sent by fax and a notification of successful transmission is received — on the day of transmission;
(b)
if the document is sent by email — at the time that the email becomes capable of being retrieved by the person to whom it is addressed; or
(c)
if the document is sent by prepaid registered post — 2 days after the day the document was posted (even if it is returned undelivered).[17/2017]
(7) This section does not apply to —(a)
a document to be served in proceedings in court;
(b)
a written demand under section 53(6); or
(c)
a notice of sale under section 34(6) or 66(4).[17/2017]
(8) In this section —“business address” means —(a)
in the case of an individual — the individual’s usual or last known place of business in Singapore; or
(b)
in the case of a partnership (other than a limited liability partnership) — the partnership’s principal or last known place of business in Singapore;
“last email address” means —(a)
the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; or
(b)
the last email address of the addressee concerned known to the person giving or serving the document;
“residential address” means an individual’s usual or last known place of residence in Singapore.[56B
[17/2017]
Rules
82.—(1) The Minister may make such rules as the Minister considers necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof and to prescribe matters necessary or convenient to be prescribed for carrying out or giving effect to this Act. [17/2017]
(2) In particular, the Minister may make rules under subsection (1) —(a)
prescribing model by-laws for the purpose of the management, administration, control, use or enjoyment of the common property of the residential and commercial property in the housing estates of the Board within a Town, which may include all or any of the following matters:(i)
restricting or prohibiting behaviour or activities on any common property;
(ii)
restricting or prohibiting parking of vehicles on any common property;
(iii)
other details of any common property of which the use is restricted;
(iv)
waste disposal;
(v)
safety or security measures;
(vi)
conferring power on a Town Council to store or dispose of, or authorise the disposal of, goods and vehicles left on common property in housing estates within its Town and the passing of title to any goods or vehicles on such disposal;[Act 19 of 2025 wef 05/12/2025]
(b)
prescribing, for the purposes of section 21(1)(d), the different types of uses of any part of the common property within a Town, or for otherwise enjoying the benefit of any improvements by, or services and facilities provided by, a Town Council, including for different users or different types of common property, improvements, services or facilities within a Town, or in different parts of a Town;
(c)
about the governance of Town Councils, including requirements for the preparation and submission of documents or information in compliance with such governance requirements or best practices, and the periodic disclosure to the Minister of the level of such compliance by Town Councils;
(d)
prescribing a caretaker policy (and requirements for its adoption by a Town Council) governing the conduct of the Town Council and its officers and employees (including prohibiting the making of major policy decisions) during the caretaker period that —(i)
starts on the issue of a writ of election for every constituency comprised in the Town for which the Town Council is established; and
(ii)
ends on the date that the elected members of a Town Council assume office for that Town Council after that election;
(e)
providing that any contravention of any provision of these rules shall be an offence punishable with a fine not exceeding $5,000; and
(f)
providing such saving, transitional and other consequential, incidental and supplemental provisions as the Minister considers necessary or expedient.[17/2017]
(3) All rules made under this section are to be presented to Parliament as soon as possible after publication in the Gazette.[57
[17/2017]
Saving
83.—(1) Nothing in this Act is to be construed to affect any obligation or liability accrued or incurred under a lease for a flat in any residential or commercial property or for a stall in any market or food centre of the Board within a Town at any time prior to the establishment of the Town Council.
(2) Any cause of action which has arisen between any such owner or tenant and the Board prior to the establishment of the Town Council may be continued and enforced as if this Act had not been enacted.
(3) Nothing in this Act affects any rights or remedies that the Board or an owner or tenant of a flat in any residential or commercial property may have in relation to the flat or the common property, or any function of the Board, apart from this Act. [58
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
