BUILDINGS AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) BILL

Order for Second Reading read.

2.51 p.m.

The Minister for Law and National Development (Mr E. W. Barker): Mr. Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Large numbers of high-rise flats and other buildings have been constructed in Singapore in recent years, and many of them are not properly managed and maintained. In many cases, the owners, management corporations or persons responsible for their maintenance and management have not been discharging their functions properly and have allowed the buildings to fall into disrepair. Steps have to be taken to ensure that this unsatisfactory position is rectified before it further deteriorates. With the encouragement of condominium development, the need to ensure that the buildings and the amenities and facilities shared in common are properly managed and maintained has now become even more urgent. It is therefore proposed to set up a public authority with appropriate powers to deal with this problem. It is to this end that this Bill is now before the House.

Under the Bill, provision is made for the appointment of a Commissioner of Buildings who is empowered under clause 4 to direct the owners of buildings and common properties, which are not kept or maintained in a state of good and serviceable repair or in a proper and clean condition, to carry out the necessary maintenance and repairs. Failure to comply with the directions of the Commissioner will be an offence under the Bill, for which the penalty shall be a maximum fine of $5,000 with a continuing fine of up to $25 a day. If his directions are not complied with, the Commissioner may also carry out the maintenance and repairs to the buildings and common properties or authorise any other person to carry out the necessary work.

Under clause 5, the Commissioner may require deposits to be made within seven days by owners of buildings and common properties who fail to comply with his directions.

Clause 7 provides for the recovery of costs and expenses incurred by the Commissioner from the owners of buildings and common property, as well as for the apportionment by the Commissioner of such costs and expenses amongst owners, if there is more than one, in such manner as the Commissioner thinks fit.

Clause 11 empowers the Minister to make rules to provide, amongst other things, for the prescribing of proper standards of management and maintenance in respect of buildings and common property, and for the payment of deposits by any person erecting or constructing a building to ensure its proper management or maintenance and for the forfeiture of such deposits.

Sir, I beg to move.

Question proposed.

2.55 p.m.

Mr Ho See Beng (Bras Basah): (In Mandarin): Mr Speaker, Sir, it seems fair enough for a Bill of this nature to be introduced. But there are certain defects in the Bill. I do not know whether the definition of "owner" of property would also include the Government. The Government owns a great number of buildings and properties, and I do not really know whether the intention of the Bill is to include the Government in the definition of "owner". If the Bill is meant for owners of properties in the private sector, then if any such owner infringes the provisions of this Bill, he may be sued by Government in court. But if the Government itself is guilty of such offences, who will serve the summons on the Government to appear in court? I am therefore a bit puzzled as to whether the definition of "owner" in this Bill includes the Government. If it does not include the Government, then I think it is necessary to look further into the matter to see whether there is any need to include the Government in the definition. Otherwise the people will say that the Government is allowed to get away with all sorts of infringements but the common people are not.

Mr Barker: Sir, this Bill is all-embracing. There is nothing specific to put the Government or any statutory board outside the provisions of the Bill. Perhaps to keep the Member for Bras Basah happy, I will enlighten him. He has asked to whom should any notice be served? Well, in this case the Commissioner will have the duty, pleasant or unpleasant, of serving notice either on the Government or on the head of any statutory board, whether it is the Housing and Development Board, the Public Utilities Board, the Port of Singapore Authority, or even the Singapore Tourist Promotion Board, if it owns and lets out property.

Mr Ho See Beng: Mr Speaker, Sir, I agree with the Minister. But I still think that we should write it into the Bill. Otherwise it is very vague. I do not think the Commissioner of Buildings is likely to take such steps, and this is exactly what I fear will arise later.

Mr Barker: Sir, it is very difficult to satisfy the Member. There is no need to specifically write it into the 13i11. If we wanted to direct this Bill at the private sector only, we would have said so and would have specifically exempted the Government or any statutory board from the provisions of this Bill. We have not done this, which means, as I said earlier, this Bill is all-embracing.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. -[Mr E. W. Barker].

Bill considered in Committee; reported without amendment; read a Third time and passed.