Building Control Act · 2023 Revised Edition · Part · General
61. Recovery of costs and expenses payable by owners
Official textFrom Attorney General's Chambers, unchanged
All expenses incurred by the Authority in or about the execution of any work pursuant to any provision of this Act shall be recoverable from the person who is the owner of the premises on the date on which the works are completed.
Authority
“Authority”, in relation to this Act or any Part or provision of this Act or regulations made thereunder, means any Authority appointed under section 3(1) to be responsible for the administration of this Act or that Part or provision or regulations made thereunder, as the case may be;
As from the date of the completion of the work, the expenses due thereon shall be, until recovered, a first charge on the premises and on all estates, exercisable against the premises and the estates and all movable property or crops for the time being found thereon, notwithstanding any change in the ownership or occupation of the premises subsequent to that date.
premises
“premises” includes buildings, lands, easements and hereditaments of any tenure;
The Authority may certify the expenses due and the names of the persons liable therefor and may by such certificate apportion the expenses among those persons.
A copy of the certificate shall be served upon each of those persons referred to in subsection (3), but where no such persons may be found, the certificate is deemed to have been duly served if a copy thereof is posted at the office of the Authority and another copy thereof is affixed to some conspicuous part of the premises in respect of which the expenses have been incurred.
A certificate certified by the Authority under subsection (3) and setting forth the amount claimed as due to the Authority and the persons as liable for the payment thereof shall be prima facie evidence of the facts certified therein and of the signature of the Authority thereto.
If any sum or any part thereof due to the Authority under this Act remains unpaid at the expiration of one month commencing from the date of service of the certificate under subsection (4), or such further period as the
Authority may allow, it is deemed to be arrears.
Building Control
building
“building” means any permanent or temporary building or structure and includes — (a) a hut, shed or roofed enclosure; (b) a kiosk or stall, movable or otherwise; (c) an earth retaining or stabilising structure, whether permanent or temporary; (d) a dock, wharf or jetty; (e) a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that — (i) is or is to be supported by water; (ii) is not intended for or useable in navigation; and (iii) is or is to be permanently moored; (f) a culvert, crossing, access road, bridge, underpass or tunnel; (g) a sewage treatment plant, sewer, drain, swimming pool or any non-proprietary type of concrete tank for the storage of any solid, liquid or gaseous product; and (h) such other erection or structure (whether permanent or temporary) as the Minister may, by order published in the Gazette, declare to be a building;
Terms defined in s 2
Authority
Defined · s 2“Authority”, in relation to this Act or any Part or provision of this Act or regulations made thereunder, means any Authority appointed under section 3(1) to be responsible for the administration of this Act or that Part or provision or regulations made thereunder, as the case may be;
building
Defined · s 2“building” means any permanent or temporary building or structure and includes — (a) a hut, shed or roofed enclosure; (b) a kiosk or stall, movable or otherwise; (c) an earth retaining or stabilising structure, whether permanent or temporary; (d) a dock, wharf or jetty; (e) a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that — (i) is or is to be supported by water; (ii) is not intended for or useable in navigation; and (iii) is or is to be permanently moored; (f) a culvert, crossing, access road, bridge, underpass or tunnel; (g) a sewage treatment plant, sewer, drain, swimming pool or any non-proprietary type of concrete tank for the storage of any solid, liquid or gaseous product; and (h) such other erection or structure (whether permanent or temporary) as the Minister may, by order published in the Gazette, declare to be a building;
owner
Defined · s 2“owner”, in relation to — (a) any premises or building, means the person for the time being receiving the rent of the premises or building, whether on his own account or as agent or trustee or as receiver, or who would receive the same if the premises or building were let to a tenant and includes a mortgagee in possession; (b) the common property of any subdivided building, includes the strata corporation having control of the building, or the person receiving any rent or charge for the maintenance of that common property; and (c) the common property of any building which is not subdivided, includes any person receiving any rent or charge for the maintenance and management of that common property;
premises
Defined · s 2“premises” includes buildings, lands, easements and hereditaments of any tenure;