Building Maintenance (Strata Management) Regulations 2005

No. S 192

Building Maintenance and Strata Management Act 2004

(Act 47 of 2004)

Building Maintenance (Strata Management) Regulations 2005

In exercise of the powers conferred by section 136 of the Building Maintenance and Strata Management Act 2004, the Minister for National Development hereby makes the following Regulations:

PART I

PRELIMINARY

Citation and commencement

1.  These Regulations may be cited as the Building Maintenance (Strata Management) Regulations 2005 and shall come into operation on 1st April 2005.

Definition

2.  In these Regulations, “restricted activity” means —

(a) in relation to any management corporation, any act referred to in section 49(1)(a), (c), (d), (e), (f) or (g) of the Act; or

(b) in relation to any subsidiary management corporation, any act referred to in section 49(1)(a), (e), (f) or (g) of the Act.

PART II

OWNER DEVELOPERS’ OBLIGATIONS

Fee for inspection of maintenance fund records

3.  For the purposes of section 17(6)(b) of the Act, the following fees shall be payable to an owner developer of a development by any purchaser of a lot or proposed lot in the development (or his agent) for the following matters:

(a) for inspecting the accounts and other records of any maintenance fund established for that development referred to in section 17(6)(b) of the Act		$15 per hour or part thereof at each attendance
(b) for making a physical copy of or an extract from those accounts or records under section 17(6)(b) of the Act		30 cents per page
(c) for making an electronic copy of or an extract from those accounts or records under section 17(6)(b) of the Act (including sending the copy or extract by email to the purchaser or agent)		40 cents per 100 megabytes (or part thereof) of the size of the document before any electronic compression to reduce its size.

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Commissioner’s approval to collect maintenance charges

4.—(1)  Subject to paragraph (2), the first application to the Commissioner for his approval under section 18(1) of the Act authorising an owner developer to collect any charges for the management and maintenance of a development or any common property or limited common property comprised in the development from the purchasers of any lot or proposed lot comprised in the development need not be accompanied by any fee if —

(a) the owner developer has paid the fee prescribed in the Building Maintenance and Strata Management (Strata Units) Regulations 2005 (G.N. No. S 196/2005) when filing the schedule of strata units for that development; or

(b) the schedule of strata units for that development was filed with the Commissioner before 1st April 2005.

(2)  Every second or subsequent application to the Commissioner for his approval under section 18(1) of the Act in relation to the same development shall be accompanied by the following relevant fee:

(a) for a mixed-use development, with or without limited common property		$1,000 per application
(b) for any other development, with or without limited common property		$500 per application.

(3)  In paragraph (2), “mixed-use development” means a development that consists or is to consist of 2 or more different classes of use, and the different classes of use are as follows:

(a) residence;

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(b) office;

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(c) commercial (other than as an office), such as a shop, food establishment, theatre or car park;

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(d) boarding premises, such as a hotel, serviced apartment or nursing home;

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(e) industrial, including use as a warehouse, showroom or business park.

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Supply of particulars of contractors, etc., to management corporation, etc.

5.  For the purposes of section 26(4)(a)(v) of the Act, the owner developer of a development comprised in a strata title plan shall, at or within 2 weeks after convening the first annual general meeting of the management corporation constituted in respect of the strata title plan, place and deliver to the management corporation and to every subsidiary management corporation constituted for any limited common property designated on that same strata title plan, copies of the names and addresses of the following persons:

(a) the main contractor for the development;

(b) every nominated subcontractor for the development;

(c) every nominated supplier of labour or materials to the development during construction; and

(d) every subcontractor and every supplier of tiles or sanitary fittings to the development during construction.

Supply of other records to management corporation, etc.

6.  For the purposes of section 26(4)(a)(ix) of the Act, the owner developer of a development comprised in a strata title plan shall, at or within 2 weeks after convening the first annual general meeting of the management corporation constituted in respect of the strata title plan, place and deliver to the management corporation and to every subsidiary management corporation constituted for any limited common property designated on that same strata title plan, copies of the following records:

(a) all plans, including as-built drawings showing the location of any pipe, wire, cable, duct, chute or other facility for the provision of systems or services, whether or not submitted to the Government or any public authority in respect of the development;

(b) the temporary occupation permit issued for any building in the development;

(c) the certificate of statutory completion issued for any building in the development;

(d) the planning permission granted and the final approved submission drawings showing the final gross floor area information in respect of the development;

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(e) all current insurance policies relating to the development or any part thereof;

(f) all notices or directions issued by the Government or any public authority in respect of the development or any part thereof;

(g) an inventory listing all furniture, equipment and movable property used or to be used in connection with the common property or limited common property, if any;

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(h) a list of the names and addresses of every consultant for that development;

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(i) the strata roll.

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PART III

RESTRICTED ACTIVITIES DURING INITIAL PERIOD

Application for order to do restricted activity

7.—(1)  An application to the Commissioner for an order under section 51 of the Act authorising the doing of any restricted activity during the initial period of a management corporation or subsidiary management corporation shall —

(a) be in Form 1 in the First Schedule;

(b) be made by or on behalf of the management corporation or subsidiary management corporation, as the case may be;

(c) be accompanied by an application fee of $1,000; and

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(d) be accompanied by a resolution passed at a general meeting held not earlier than one month before the application, authorising the carrying out by the management corporation or subsidiary management corporation, as the case may be, of the restricted activity, subject to the Commissioner’s order.

(2)  For the purposes of section 51(2) of the Act, the notice of an application to the Commissioner for an order under section 51 of the Act shall be in Form 2 in the First Schedule and shall be served by the management corporation or subsidiary management corporation concerned, at its own cost, within the time specified in paragraph (3) and as follows:

(a) by pre-paid registered post —

(i) where the addressee is a subsidiary proprietor of a lot in the strata title plan, to the address as shown on the strata roll;

(ii) where the addressee is a registered mortgagee of a lot comprised in the strata title plan, to the address on the strata roll or last recorded address at the Registry of Titles; or

(iii) where the addressee is such other person as the Commissioner may direct, to the addressee’s last known place of residence or business; and

(b) by affixing a copy of the application to every notice board in the common property or limited common property, as the case may be, comprised in the strata title plan.

(3)  The notice of an application shall be served —

(a) where the addressee is a person referred to in paragraph (2)(a)(i) or (ii), within 7 days after the making of the application; or

(b) where the addressee is a person referred to in paragraph (2)(a)(iii), within 7 days after the Commissioner has directed that the addressee be served.

(4)  After notice of an application is served in accordance with paragraphs (2) and (3), the management corporation or subsidiary management corporation concerned, as the case may be, shall file with the Commissioner a statutory declaration made by its representatives appointed under paragraph (6) stating the date on which the notice of the application was served.

(5)  Any person on whom the notice of an application is served in accordance with paragraphs (2) and (3) may file an objection with the Commissioner and on the management corporation or subsidiary management corporation making the application, stating the grounds for the objection within 21 days of the date of the notice served or such further period as the Commissioner may allow.

(6)  The management corporation or subsidiary management corporation, as the case may be, shall appoint from among its officers or members of its council or executive committee, as the case may be, not more than 3 persons to act jointly as its authorised representatives in connection with any application for an order under section 51 of the Act.

Appeals against Commissioner’s orders

8.  An appeal under section 52 of the Act against any order made by the Commissioner under section 51 of the Act shall —

(a) be made in writing addressed to the Minister; and

(b) specify —

(i) the appellant’s name and address for service; and

(ii) the grounds of the appeal.

PART IV

COUNCILS AND EXECUTIVE COMMITTEES

Information on council and executive committee members

9.—(1)  The secretary of the council of a management corporation shall, within 30 days after his appointment to that office, furnish to the Commissioner, in writing, the following particulars of all persons elected or appointed to an office or as member of that council:

(a) the full name;

(b) the NRIC number or Passport number;

(c) the address of the person’s place of residence; and

(d) the lots in respect of which the person is a subsidiary proprietor.

(2)  The secretary of the executive committee of a subsidiary management corporation shall, within 30 days after his appointment to that office, furnish to the Commissioner, in writing, the following particulars of all persons elected or appointed to an office or as member of that executive committee:

(a) the full name;

(b) the NRIC number or Passport number;

(c) the address of the person’s place of residence; and

(d) the lots in respect of which the person is a subsidiary proprietor.

(3)  A secretary of the council of a management corporation, or a secretary of the executive committee of a subsidiary management corporation, who fails to comply with paragraph (1) or (2), as the case may be, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.

Information on general meetings, etc.

10.—(1)  The council of a management corporation shall, within 30 days after its annual general meeting, serve on the Commissioner a written statement signed by a member of the council containing the following information:

(a) the date and agenda of the last annual general meeting of the management corporation;

(b) the names and addresses of the persons appointed or elected to the council at that last general meeting;

(c) the amount of the regular periodic contributions levied in respect of each lot by the management corporation under section 39(4) of the Act;

(d) the rate of interest determined by the management corporation under section 40(6)(b) of the Act in respect of any unpaid contribution;

(e) the name and address of the auditor appointed by the management corporation in accordance with section 45(3)(a) of the Act; and

(f) the name and address of any managing agent appointed under section 66(1) of the Act at the last general meeting.

(2)  The executive committee of a subsidiary management corporation shall, within 30 days after its annual general meeting, serve on the Commissioner a written statement signed by a member of the executive committee containing the following information:

(a) the date and agenda of the last annual general meeting of the subsidiary management corporation;

(b) the names and addresses of the persons appointed or elected to the executive committee at that last general meeting;

(c) the amount of the regular periodic contributions levied in respect of each lot by the subsidiary management corporation under section 39(4) (as applied with necessary modifications by section 79(3)) and section 79(4) of the Act;

(d) the rate of interest determined by the subsidiary management corporation under section 40(6)(b) (as applied with necessary modifications to subsidiary management corporations by section 79(3)) of the Act in respect of any unpaid contribution;

(e) the name and address of the auditor appointed by the subsidiary management corporation in accordance with section 45(3)(a) (as applied with necessary modifications to subsidiary management corporations by section 79(3)) of the Act; and

(f) the name and address of any managing agent appointed by the subsidiary management corporation under section 66(1) (as applied with necessary modifications to subsidiary management corporations by section 79(3)) of the Act at that last general meeting.

(3)  Where an auditor is appointed by the council of a management corporation under section 45(3)(b) of the Act, the council shall submit to the Commissioner the name and address of the auditor within 14 days of the auditor’s appointment.

(4)  Where an auditor is appointed by the executive committee of a subsidiary management corporation under section 45(3)(b) (as applied with necessary modifications to subsidiary management corporations by section 79(3)) of the Act, the executive committee shall submit to the Commissioner the name and address of the auditor within 14 days of the auditor’s appointment.

(5)  Where any written statement which is required under paragraph (1) or (2) or any submission which is required under paragraph (3) or (4) to be served on the Commissioner is not so served by the council of a management corporation or the executive committee of a subsidiary management corporation, as the case may be, within the time limited under the applicable paragraph, then all the members of the council or executive committee, as the case may be, in question shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $3,000.

(6)  If any written statement under paragraph (1) or (2) or any submission under paragraph (3) or (4) is served on the Commissioner by the council of a management corporation or the executive committee of a subsidiary management corporation but the written statement or submission does not comply with the requirements of paragraph (1), (2), (3) or (4) as regards the information to be contained in the written statement or submission, all the members of the council or executive committee, as the case may be, in question shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $3,000.

(7)  Where any person is charged with an offence under paragraph (5) or (6), it shall be a defence to prove that he took all reasonable steps, and exercised all due diligence to ensure that any requirements as regards preparation or serving of a written statement under paragraph (1) or (2) or any submission under paragraph (3) or (4), or as regards the information to be given in any such written statement or submission, as the case may be, have been complied with in relation to the written statement or submission.

Fees for services rendered by management corporation, etc.

11.—(1)  For the purposes of section 47 of the Act, the following fees shall be payable to a management corporation or subsidiary management corporation for the following services:

(a) supplying the name and address of the chairperson, secretary and treasurer of the management corporation or subsidiary management corporation and of the managing agent under section 47(1)(a) of the Act		$5
(b) management corporation making available for inspection any document referred to in section 47(1)(b) of the Act		$15 per hour or part thereof at each attendance
(c) subsidiary management corporation making available for inspection any document referred to in section 47(1)(b)(ii) or (iii) of the Act, in so far as these relate to the subsidiary management corporation or its limited common property		$15 per hour or part thereof at each attendance
(d) certifying any matter referred to in section 47(1)(c) of the Act		$25 per certificate
(e) making a copy under section 47(4) of the Act of any document mentioned in section 47(1)(b) of the Act, where the copy is of a size —
(i) not exceeding A4 (21 cm × 29.7 cm)		30 cents per page
(ii) not exceeding A3 (29.7 cm × 42 cm)		60 cents per page
(iii) exceeding A3		$3 per page
(f) making an electronic copy under section 47(4) of the Act of any document or record mentioned in section 47(1)(b) of the Act (including sending the copy or extract by email to the applicant or agent)		40 cents per 100 megabytes (or part thereof) of the size of the document before any electronic compression to reduce its size.

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(2)  A management corporation or subsidiary management corporation, as the case may be, may remit, wholly or in part, any fee payable to it under paragraph (1).

Agents and employees of council, etc.

12.  A council of a management corporation and an executive committee of a subsidiary management corporation may employ, on behalf of the management corporation and subsidiary management corporation, respectively, such agents or employees as it thinks necessary in connection with the exercise and performance of the powers, duties and functions of the management corporation and subsidiary management corporation.

PART V

INSURANCE

Definition of this Part

13.—(1)  In this Part, “subdivided building” has the same meaning as in Division 6 of Part V of the Act.

(2)  For the purposes of the definition of “subdivided building” in section 69 of the Act, any improvement or fixture effected by any subsidiary proprietor after the issue of the temporary occupation permit under the Building Control Act (Cap. 29) and which is exclusively for the use and enjoyment of a lot in that building, shall not form part of the subdivided building unless the subsidiary proprietor of that lot —

(a) gives the management corporation a notice in writing specifying the nature and estimated cost of such improvements or fixtures; and

(b) pays for any additional premium thereby incurred.

Calculation of insurance limit under damage policy

14.—(1)  For the purposes of section 70(2) of the Act, the manner of calculating the amount to which the liability of an insurer may be limited under a damage policy is to add together the following amounts:

(a) the estimated cost, as at the date of commencement of the damage policy, of the rebuilding of the subdivided building or its replacement by a similar subdivided building so that every part of the rebuilt subdivided building or the replacement subdivided building is in a condition no worse or less extensive than that part or its condition when the subdivided building was new;

(b) the estimated cost, as at the date of commencement of the damage policy, of removing debris from the parcel in the event of the subdivided building’s being destroyed by an occurrence specified in the policy;

(c) the fees (estimated as at the date of commencement of the damage policy) payable to architects and other professional persons employed in the course of the rebuilding or replacement referred to in sub-paragraph (a); and

(d) the estimated amount by which expenditure referred to in sub-paragraphs (a), (b) and (c) may increase during the period of 12 months following the date of commencement of the damage policy.

(2)  If any subsidiary proprietor does not give the notice or pay the premium referred to in regulation 13(2) or 15 before the date of commencement of the damage policy, the estimated cost of improvements or fixtures referred to in that regulation shall not be included in the calculations under this regulation.

Additional insurance upon request

15.  A subsidiary proprietor may request the management corporation to include in the calculations under regulation 14, the estimated cost of any of his improvements or fixtures in the nature of paint, wallpaper and temporary wall, floor and ceiling coverings, provided that —

(a) he gives the management corporation a notice in writing specifying the nature and estimated cost of such improvements or fixtures; and

(b) he pays any additional premiums thereby incurred.

Amount of cover under public liability insurance

16.  For the purposes of section 71(2) of the Act, the prescribed amount in respect of insurance referred to in section 71(1)(b) of the Act is an amount not less than $1 million.

PART VI

OTHER STRATA MANAGEMENT MATTERS

Commissioner’s approval to levy additional contributions

17.—(1)  Every application to the Commissioner for his approval under section 41(4) of the Act authorising a management corporation or subsidiary management corporation to levy additional contributions on the subsidiary proprietor of any lot of that management corporation or subsidiary management corporation shall —

(a) be in Form 3 in the First Schedule;

(b) be accompanied by an application fee of $1,000;

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(c) be made by or on behalf of the management corporation or subsidiary management corporation concerned;

(d) be accompanied by one of the following documents, whichever is relevant to the application:

(i) a copy of the strata title plan for redevelopment referred to in section 12 of the Land Titles (Strata) Act (Cap. 158), illustrating the subdivision altering the boundaries of one or more lots;

(ii) a copy of the approval from the competent authority under the Planning Act (Cap. 232) for any change of use in respect of the lot;

(iii) a copy of the 90% resolution passed by the management corporation or subsidiary management corporation, as the case may be, authorising the subsidiary proprietor to effect any improvement in or upon his lot referred to in section 37 of the Act; and

(e) be accompanied by a computation of additional contributions and its justification.

(2)  Notice of an application to the Commissioner for his approval under section 41(4) of the Act authorising a management corporation or subsidiary management corporation to levy additional contributions on the subsidiary proprietor of any lot of that management corporation or subsidiary management corporation shall —

(a) be in Form 4 in the First Schedule; and

(b) be served, within 7 days after receiving a direction from the Commissioner to do so, on the subsidiary proprietor of the lot by the management corporation or subsidiary management corporation, as the case may be, making the application, at its own expense.

(3)  After every notice of an application is served in accordance with paragraph (2), the management corporation or subsidiary management corporation concerned, as the case may be, shall file with the Commissioner a statutory declaration made by its representatives appointed under paragraph (5) stating the date on which the notice of the application was served.

(4)  Any person on whom the notice of an application is served in accordance with paragraph (2) may, within 21 days of the date of the notice served or such further period as the Commissioner may allow —

(a) file an objection with the Commissioner stating the grounds for the objection; and

(b) serve a copy of the objection by registered post on the representatives appointed under paragraph (5) by the management corporation or subsidiary management corporation concerned.

(5)  The management corporation or subsidiary management corporation shall appoint from among its officers and members of its council or executive committee, as the case may be, not more than 3 persons to act jointly as its authorised representatives in connection with any application for the Commissioner’s approval under section 41(4) of the Act.

PART VII

LIMITED COMMON PROPERTY

Limited common property for non-residential lots

18.  For the purposes of section 77(1)(b)(ii) of the Act, a strata title plan comprising non-residential lots may have limited common property and one or more subsidiary management corporations for the purpose of representing the different interests of the subsidiary proprietors of the non-residential lots if —

(a) the creation of any limited common property to represent the interests of the subsidiary proprietors of lots comprised in a building that is physically detached from the other lots in the strata title plan will not adversely affect the use or enjoyment of the other subsidiary proprietors’ lots; and

(b) the total floor area of all the lots whose subsidiary proprietors constitute each subsidiary management corporation to be formed is at least 5,000 square metres.

Limited common property for types of residential lots

19.  For the purposes of section 77(1)(c) of the Act, any residential lots within a strata title plan shall be regarded to be of a different type from other residential lots within that same strata title plan if the lots are comprised within the following buildings in the strata title plan:

(a) an apartment block with any lift;

(b) an apartment block with no lifts;

(c) a townhouse, a semi-detached house, a detached house or a terrace.

PART VIII

BY-LAWS

Prescribed by-laws

20.  For the purpose of section 32(2) of the Act, the by-laws for every parcel comprised in a strata title plan in respect of which a management corporation is constituted on or after 1st April 2005 shall be in the Second Schedule.

By-laws applicable to limited common property, etc.

21.  Subject to section 82 of the Act, the by-laws prescribed in the Second Schedule shall apply to the limited common property managed and maintained by a subsidiary management corporation with the following modifications:

(a) any reference in the by-laws to the management corporation shall be read as a reference to the subsidiary management corporation; and

(b) any reference in the by-laws to the common property shall be read as a reference to the limited common property.

Maximum fee chargeable for copy of by-laws

21A.  For the purposes of section 32(8)(c) of the Act (and as applied by section 82(4) of the Act), the maximum fee which may be collected by a management corporation or subsidiary management corporation (as the case may be) for supplying a copy of its by-laws which are in force is —

(a) for a copy of a size —
(i) not exceeding A4 (21 cm × 29.7 cm)		30 cents per page
(ii) not exceeding A3 (29.7 cm × 42 cm)		60 cents per page
(iii) exceeding A3		$3 per page
(b) for an electronic copy (including sending the copy by email to the applicant)		40 cents per 100 megabytes (or part thereof) of the size of the document before any electronic compression to reduce its size.

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PART IX

MISCELLANEOUS

Search fee

22.—(1)  The search fee payable to the Commissioner by the requesting party for information that the Commissioner is requested to supply from any records maintained by the Commissioner for the purposes of the Act is $20 for each type of information requested, even if in a single request.

(2)  The types of information are as follows:

(a) by-laws lodged by a management corporation for each year starting on 1 January, regardless of the number of by-laws (including every amendment of, addition to or repeal of any existing by-law) lodged for that year;

(b) by-laws lodged by a subsidiary management corporation for each year starting on 1 January, regardless of the number of by-laws (including every amendment of, addition to or repeal of any existing by-law) lodged for that year;

(c) information under regulation 10(1)(a), (c), (d), (e) and (f) in respect of a management corporation;

(d) the names and designations of the persons elected or appointed to an office or as a member of the council of a management corporation furnished under regulation 9(1);

(e) information under regulation 10(2)(a), (c), (d), (e) and (f) in respect of a subsidiary management corporation;

(f) the names and designations of the persons elected or appointed to an office or as a member of the executive committee of a subsidiary management corporation furnished under regulation 9(2).

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Remission of fees

23.  The Commissioner may remit, wholly or in part, any fee payable to him under these Regulations.

 

Made this 30th day of March 2005.

TAN TEE HOW

Permanent Secretary,
Ministry of National Development,
Singapore.

[ND 311/13-301 Vol. 7; AG/LEG/SL/30C/2004/2 Vol. 1]