New Building Management Rules Take Effect
Come 1 April 2005, the Building Maintenance and Strata Management Act (BMSMA) will take effect. The new Act will impact mainly on the subsidiary proprietors or homeowners, management corporations, developers and managing agents from 170,000 strata units and 2,800 Management Corporations in Singapore.
In a media release by the Building and Construction Authority, it stated:
NEW BUILDING MANAGEMENT RULES TAKE EFFECT IN APRIL
1 Come 1 April 2005, the Building Maintenance and Strata Management Act (BMSMA) will set new frontiers in the management of strata properties and building maintenance. The new Act will impact mainly on the subsidiary proprietors or homeowners, management corporations, developers and managing agents from 170,000 strata units and 2,800 Management Corporations in Singapore (See Annex A - Significant changes affecting different stakeholders)
2 When the new Act comes into force, all subsidiary legislations relating to this Act will also be gazetted and effected at the same time, except for the provisions dealing with staged development, which will be announced later.
3 Some developers have been looking forward to implement the new 2-tier MC scheme (see Annex B - 2-tier MC system) when the new Act comes into force. City Developments Limited (CDL) has started designing their St Regis Hotel & Residences at Tomlinson / Tanglin Roads, which comprises a mix of hotel and residential units, for the new 2-tier MC scheme. Mr Chia Ngiang Hong, Group General Manager of CDL said, ?We welcome this new Act and besides the new projects, we hope that the 2-tier MC scheme can be extended to existing MCST properties soon.?
4 Agreeing on the merits of the 2-tier MC scheme, Mr Lim Tow Fok, General Manager (Property Management Department) of Keppel Land also said, ?There are many merits in having a 2-tier MC. They allow developers and ultimately, property owners the flexibilities that are not presently available in the single tier format. We are considering adopting such a scheme in our future projects.?
5 Other stakeholders from the Management Corporations are also earnestly waiting for certain provisions in the new Act to be effective. These include giving rebates for payment of maintenance and sinking fund contributions by inter-bank GIRO. Many Management Corporations believe that this is an incentive for subsidiary proprietors to pay on time and reduce outstanding contributions.
6 The new provision stating that managing agents are no longer permitted to canvass for proxies would benefit estates that face difficulty in replacing their managing agents who failed to perform. Currently, the managing agents can canvass for proxies to install their own preferred council members to ensure their contracts are renewed. Others are glad that there is greater transparency as the minutes of council meetings are to be posted on the notice board within 7 days of the meeting.
7 For the past two years, BCA has worked together with various stakeholders to improve the Act, to bring about more effective management and maintenance of buildings while recognising the need to balance differing interests. The Building Maintenance and Management Bill was passed by Parliament at its 3rd reading on 19 October 2004, after it was earlier committed to a Select Committee for review.
Introduction of Layman?s Guide to BMSMA
8 Seeing that the BMSMA is a highly technical piece of legislation, which laypersons may find difficulty in understanding, BCA published a layperson?s guide called ?Strata Living in Singapore - A General Guide?. (See Annex C - Contents of the Layperson?s Guide) For example, one may find the different types of resolutions that are required to be passed for various situations confusing. The guide then attempts to make it simpler for the layperson by describing and giving examples on the type of situation where the resolution can be applied to.
9 Members of the public can download a free copy of the guide from BCA?s website at www.bca.gov.sg. The printed version, which costs $8 per copy, is also available for sale at BCA.
10 The guide is produced by BCA in collaboration with some stakeholders - the Association of Management Corporations in Singapore (AMCIS), Association of Property and Facility Managers (APFM), Real Estate Developers' Association of Singapore (REDAS), Singapore Institute of Surveyors and Valuers (SISV) and Colliers International Asset Management.
Introduction of New Scheme for Lodgement of Lift Maintenance Records
11 Together with the commencement of the BMSMA, a new scheme for the lodgement of lift maintenance records will be introduced. Building owners are required to engage BCA-registered lift contractors of at least L2 ($500,000) financial grade and Approved Persons who are professional engineers with the requisite experience in lift maintenance and registered by the Ministry of Manpower to test and certify lifts at regular intervals before operation. These changes will raise the standard of lift maintenance for enhanced public safety
12 In the new system, no lift maintenance certificate will be issued for display in the lift. The public need not be unduly alarmed when they do not see such certificates, as BCA will monitor all lifts closely to ensure that building owners carry out the specified tests and maintenance on their lifts. The regulations provide for penalties for failure to comply with such requirements.
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Issued by the Building and Construction Authority on 29 March 2005. www.bca.gov.sg
In a media release by the Building and Construction Authority, it stated:
NEW BUILDING MANAGEMENT RULES TAKE EFFECT IN APRIL
1 Come 1 April 2005, the Building Maintenance and Strata Management Act (BMSMA) will set new frontiers in the management of strata properties and building maintenance. The new Act will impact mainly on the subsidiary proprietors or homeowners, management corporations, developers and managing agents from 170,000 strata units and 2,800 Management Corporations in Singapore (See Annex A - Significant changes affecting different stakeholders)
2 When the new Act comes into force, all subsidiary legislations relating to this Act will also be gazetted and effected at the same time, except for the provisions dealing with staged development, which will be announced later.
3 Some developers have been looking forward to implement the new 2-tier MC scheme (see Annex B - 2-tier MC system) when the new Act comes into force. City Developments Limited (CDL) has started designing their St Regis Hotel & Residences at Tomlinson / Tanglin Roads, which comprises a mix of hotel and residential units, for the new 2-tier MC scheme. Mr Chia Ngiang Hong, Group General Manager of CDL said, ?We welcome this new Act and besides the new projects, we hope that the 2-tier MC scheme can be extended to existing MCST properties soon.?
4 Agreeing on the merits of the 2-tier MC scheme, Mr Lim Tow Fok, General Manager (Property Management Department) of Keppel Land also said, ?There are many merits in having a 2-tier MC. They allow developers and ultimately, property owners the flexibilities that are not presently available in the single tier format. We are considering adopting such a scheme in our future projects.?
5 Other stakeholders from the Management Corporations are also earnestly waiting for certain provisions in the new Act to be effective. These include giving rebates for payment of maintenance and sinking fund contributions by inter-bank GIRO. Many Management Corporations believe that this is an incentive for subsidiary proprietors to pay on time and reduce outstanding contributions.
6 The new provision stating that managing agents are no longer permitted to canvass for proxies would benefit estates that face difficulty in replacing their managing agents who failed to perform. Currently, the managing agents can canvass for proxies to install their own preferred council members to ensure their contracts are renewed. Others are glad that there is greater transparency as the minutes of council meetings are to be posted on the notice board within 7 days of the meeting.
7 For the past two years, BCA has worked together with various stakeholders to improve the Act, to bring about more effective management and maintenance of buildings while recognising the need to balance differing interests. The Building Maintenance and Management Bill was passed by Parliament at its 3rd reading on 19 October 2004, after it was earlier committed to a Select Committee for review.
Introduction of Layman?s Guide to BMSMA
8 Seeing that the BMSMA is a highly technical piece of legislation, which laypersons may find difficulty in understanding, BCA published a layperson?s guide called ?Strata Living in Singapore - A General Guide?. (See Annex C - Contents of the Layperson?s Guide) For example, one may find the different types of resolutions that are required to be passed for various situations confusing. The guide then attempts to make it simpler for the layperson by describing and giving examples on the type of situation where the resolution can be applied to.
9 Members of the public can download a free copy of the guide from BCA?s website at www.bca.gov.sg. The printed version, which costs $8 per copy, is also available for sale at BCA.
10 The guide is produced by BCA in collaboration with some stakeholders - the Association of Management Corporations in Singapore (AMCIS), Association of Property and Facility Managers (APFM), Real Estate Developers' Association of Singapore (REDAS), Singapore Institute of Surveyors and Valuers (SISV) and Colliers International Asset Management.
Introduction of New Scheme for Lodgement of Lift Maintenance Records
11 Together with the commencement of the BMSMA, a new scheme for the lodgement of lift maintenance records will be introduced. Building owners are required to engage BCA-registered lift contractors of at least L2 ($500,000) financial grade and Approved Persons who are professional engineers with the requisite experience in lift maintenance and registered by the Ministry of Manpower to test and certify lifts at regular intervals before operation. These changes will raise the standard of lift maintenance for enhanced public safety
12 In the new system, no lift maintenance certificate will be issued for display in the lift. The public need not be unduly alarmed when they do not see such certificates, as BCA will monitor all lifts closely to ensure that building owners carry out the specified tests and maintenance on their lifts. The regulations provide for penalties for failure to comply with such requirements.
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Issued by the Building and Construction Authority on 29 March 2005. www.bca.gov.sg
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