Building Control Act · s 31

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31.
Duty of building owner etc. not to alter
(1) Every owner or occupier of a building shall not remove, alter or obstruct, or cause the removal, alteration or obstruction of, any physical feature of the building where —
(a) the physical feature satisfies the relevant performance requirement for the purposes of this Part; and
(b) the removal, alteration or obstruction will cause the physical feature to cease to satisfy the relevant performance requirement.
(2) Where, in the opinion of the Authority, any physical feature of a building referred to in subsection (1)(a) has been removed, altered or obstructed so as to fail to satisfy the relevant performance requirement, the Authority may, by notice in writing, require such repairs, work or alteration to the physical feature or the building or other remedial action as the Authority thinks fit to be carried out to reinstate the physical feature so as to satisfy the relevant performance requirement.
(3) A notice to reinstate under subsection (2) shall specify —
(a) the manner in which the repairs, work, alteration or remedial action specified in the notice is to be carried out;
(b) the time within which the repairs, work, alteration or remedial action shall commence;

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(c) the time within which the repairs, work, alteration or remedial action shall be completed; and
(d) that the repairs, work, alteration or remedial action shall be carried out with due diligence to the satisfaction of the Authority.
(4) A notice to reinstate under subsection (2) shall be made in respect of any building or any physical feature thereof and shall be served —
(a) on the owner of the building;
(b) where that owner is not known or cannot be found by reasonable inquiry, on the occupier of the building;
(c) in the case of a physical feature comprised in any common property of any subdivided building, on the owner thereof;
(d) in the case of a physical feature comprised in any common property of any building of the Government, to the head of the relevant
Government department; or
(e) in the case of a physical feature comprised in any common property of any building of any Municipal Board, to the chairman of that Board.
(5) If any person on whom a notice under subsection (2) is served fails, without reasonable excuse, to comply with the requirements of that notice, that person is guilty of an offence and liable on conviction —
(a) to a fine not exceeding $5,000, imprisonment for a term not exceeding 3 months or both;
(b) to a further fine not exceeding $250 for each day or part thereof the person fails, without reasonable excuse, to comply with the requirements of that notice; and
(c) in the case of a continuing offence after conviction, to a further fine not exceeding $500 for every day or part thereof during which the failure to comply continues after conviction.

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s 31Duty of building owner etc. not to alter

(1)

Every owner or occupier of a building shall not remove, alter or obstruct, or cause the removal, alteration or obstruction of, any physical feature of the building where —

(a)

the physical feature satisfies the relevant performance requirement for the purposes of this Part; and

(b)

the removal, alteration or obstruction will cause the physical feature to cease to satisfy the relevant performance requirement.

(2)

Where, in the opinion of the Authority, any physical feature of a building referred to in subsection (1)(a) has been removed, altered or obstructed so as to fail to satisfy the relevant performance requirement, the Authority may, by notice in writing, require such repairs, work or alteration to the physical feature or the building or other remedial action as the Authority thinks fit to be carried out to reinstate the physical feature so as to satisfy the relevant performance requirement.

(3)

A notice to reinstate under subsection (2) shall specify —

(a)

the manner in which the repairs, work, alteration or remedial action specified in the notice is to be carried out;

(b)

the time within which the repairs, work, alteration or remedial action shall commence;

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(c)

the time within which the repairs, work, alteration or remedial action shall be completed; and

(d)

that the repairs, work, alteration or remedial action shall be carried out with due diligence to the satisfaction of the Authority.

(4)

A notice to reinstate under subsection (2) shall be made in respect of any building or any physical feature thereof and shall be served —

(a)

on the owner of the building;

(b)

where that owner is not known or cannot be found by reasonable inquiry, on the occupier of the building;

(c)

in the case of a physical feature comprised in any common property of any subdivided building, on the owner thereof;

(d)

in the case of a physical feature comprised in any common property of any building of the Government, to the head of the relevant

Government department; or

(e)

in the case of a physical feature comprised in any common property of any building of any Municipal Board, to the chairman of that Board.

(5)

If any person on whom a notice under subsection (2) is served fails, without reasonable excuse, to comply with the requirements of that notice, that person is guilty of an offence and liable on conviction —

(a)

to a fine not exceeding $5,000, imprisonment for a term not exceeding 3 months or both;

(b)

to a further fine not exceeding $250 for each day or part thereof the person fails, without reasonable excuse, to comply with the requirements of that notice; and

(c)

in the case of a continuing offence after conviction, to a further fine not exceeding $500 for every day or part thereof during which the failure to comply continues after conviction.

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