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Power to carry out upgrading works and to recover contribution

Housing and Development Act 1959

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—(1) As soon as practicable after the Minister has given his or her approval under section 77(4), (5), (8) or (9), the Board must carry out, in such manner as the Board thinks fit —(a)the general upgrading works within the precinct and, where applicable, the specified upgrading works in any building within the precinct;(b)the special upgrading works within a building, or in relation to more than one building, in a precinct; or(c)the flat upgrading works within any building in the precinct,as the case may be.(2) Where the Board has completed any general upgrading works or specified upgrading works in a precinct under this section, the Board may recover from —(a)the owner of every flat within the precinct the costs incurred by the Board in respect of the general upgrading works and the specified upgrading works (if any); and(b)the Town Council responsible for the maintenance of the common property within the precinct the costs incurred by the Board in respect of the general upgrading works carried out on the common property.(3) Where the Board has completed any special upgrading works or flat upgrading works in a building in a precinct under this section, the Board may recover the costs incurred by the Board in respect of the special upgrading works or flat upgrading works from —(a)every owner of such flats in the building as are mentioned in section 77(2) in the case of special upgrading works or section 77(3) in the case of flat upgrading works; and(b)the Town Council responsible for the maintenance of the common property comprised in the building if the special upgrading works or flat upgrading works have been carried out on the common property.(4) The amount of improvement contribution payable by the owner of a flat and a Town Council under subsection (2) or (3) is to be determined by the Board whose decision is final.(5) In this section and section 80, “owner”, in relation to any flat sold by the Board —(a)means the person who is the owner of the flat at the time the improvement contribution is determined by the Board under subsection (4); and(b)includes an equitable owner, a person who has purchased a leasehold interest in the flat and a purchaser under an agreement for a lease.[65D

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