Proposed Key Amendments to the Building Maintenance and Strata Management Act

Building and Construction Authority (Commissioner of Buildings)

Consultation Period: 01 Feb 2017 - 21 Feb 2017

Status: Closed - Summary of Responses

Consultation Outcome

PROPOSED AMENDMENTS TO BMSMA WELL-SUPPORTED 

1. The majority of respondents to the Building and Construction Authority’s (BCA) final public consultation on the Building Maintenance and Strata Management Act (BMSMA) were supportive of the proposed changes to the Act. 

2. A total of 33 proposed amendments to the BMSMA were put up for the public consultation which concluded in February 2017. BCA received feedback from more than 250 respondents. Some of the key amendments that will be included in the Bill, are: 

• setting a cap on the number of proxies one person can hold in any strata-titled development; 
• obtaining consent from nominees before they can be nominated and elected into the council; 
• expanding the Commissioner of Buildings’ monitoring powers;
• prohibiting any one person from holding more than one office bearer post; and
• allowing the installation of safety equipment to prevent harm and ensure security of the subsidiary proprietors 

(Refer to Annex A: Summary of Key Feedback and Responses for details). 

3. The Bill seeks to improve the framework for strata management and maintenance by enhancing the governance of Management Corporations (MCSTs) and providing clarity on the rules. The proposed amendments in the final Bill are the result of several rounds of consultation with stakeholders. Three rounds of public consultations, including a town hall dialogue and focus group panel discussion, were conducted. The Bill, which takes into account the feedback received from these consultations, will be tabled for its First Reading in Parliament on 1 August 2017. BCA would like to thank all respondents for their suggestions. 

4. The BMSMA, introduced in 2005, provides a self-regulating framework that has a wide-reaching impact. It sets out the framework to facilitate self-governance by the subsidiary proprietors (SPs). It is therefore important that SPs take an active interest in the decision-making process within their MCST. Currently, there are close to 340,000 strata units and 3,400 MCSTs in Singapore. Stakeholders include SPs, occupiers, council members and managing agents.

Introduction

The Ministry of National Development (MND) and the Building and Construction Authority (BCA) invite members of the public to give feedback on the proposed key amendments to the Building Maintenance and Strata Management (BMSM) Act (BMSMA).

Detailed Description

Background

2. The BMSMA, introduced on 1 April 2005, provides a legal framework for the management and maintenance of strata-titled properties, and spells out the duties and obligations among the different stakeholders such as Subsidiary Proprietors, Management Councils and Managing Agents. The provisions of the Act empower the Management Corporations (MCSTs) of strata-titled properties to make decisions relating to the maintenance and upkeep of their properties.

3.  As part of the ongoing review of the Act, BCA had previously conducted two rounds of public consultation to seek feedback on key areas within the Act and the proposed amendments. Comments and feedback received from the consultations have been reviewed and taken into consideration in drafting the proposed BMSM (Amendment) Bill.

Proposed amendments to the BMSMA

4. The key amendments seek to enhance governance and transparency over how the strata-titled developments are run; and provide better clarity and understanding to the provisions under the Act.

5. Please see Annex A for a list of proposed amendments to be incorporated in the draft Bill.

6. The proposed amendments are released only for the purpose of the final public consultation and should not be used for decisions made by individuals or the MCSTs as it does not represent the final legislation.

Public Consultation Details

7. This will be the final round of public consultations to the proposed amendments which will start on 01 February 2017 (9am) and end on 21 February 2017 (5pm).

8. Members of the public can send their views via post, fax or email, and reach the following address by the deadline:

• Commissioner of Buildings
  Building and Construction Authority
  52 Jurong Gateway Road
  #10-01 Singapore 608550

• Fax: 6334 4031

• Email: 

  bca_bmsma_review@bca.gov.sg

   / 

  bca_enquiry@bca.gov.sg

Timeline

9. All comments received by the deadline will be reviewed and considered for incorporation in the Bill.

Annex A - Table of key proposed amendments to the BMSMA [PDF, 109 KB]