What Is the BMSMA?
The Building Maintenance and Strata Management Act (Cap. 30C) is the primary statute governing the maintenance and management of buildings under strata title in Singapore. It came into force in April 2005, consolidating and replacing earlier provisions scattered across the Land Titles (Strata) Act and the Buildings and Common Property (Maintenance and Management) Act. The BMSMA applies to all residential, commercial, and mixed-use strata developments registered under the Land Titles (Strata) Act, but not to HDB flat estates or developments under the Housing Developers (Control and Licensing) Act.
At its core, the Act does three things: it creates and defines the Management Corporation Strata Title (MCST) as the legal entity responsible for a development; it specifies the financial mechanisms — the management fund and the sinking fund — through which maintenance is funded; and it regulates by-laws, the management committee, and the relationship between the MCST and individual subsidiary proprietors.
Structure of the Act
The BMSMA is divided into seven parts, each addressing a distinct area of strata governance:
- Part I — Preliminary: Definitions and scope, including the meaning of "common property," "lot," "subsidiary proprietor," and "management corporation."
- Part II — Constitution and Powers of Management Corporations: How an MCST is constituted, its legal personality, powers to sue and be sued, and general corporate capacity.
- Part III — Management and Maintenance: Duties of the MCST, the management fund and sinking fund, budgeting, and maintenance charges.
- Part IV — By-laws: Default by-laws, the procedure for making additional or amended by-laws, enforcement, and penalties.
- Part V — Management Committee: Election, composition, quorum, decision-making, and disqualification of committee members.
- Part VI — General Meetings: Annual general meetings (AGMs), extraordinary general meetings (EGMs), resolutions, and voting thresholds.
- Part VII — Miscellaneous: Duties of the Commissioner of Buildings, inspections, compulsory acquisition issues, and transitional provisions.
The Management Corporation Strata Title
When a strata development receives its Temporary Occupation Permit and the first Subsidiary Strata Certificate of Title (SSCT) is issued, an MCST is automatically constituted by operation of law. The MCST is a body corporate — it has perpetual succession, can hold property, enter contracts, and litigate in its own name. Its membership consists of all subsidiary proprietors (lot owners), and their share value — calculated in proportion to lot share values — determines voting weight and contribution obligations.
"The management corporation shall, for the purposes of the management and maintenance of the common property, establish and maintain a management fund." — BMSMA, Section 38(1)
The Management Fund and Sinking Fund
Every MCST must maintain two separate financial accounts under the Act:
Management Fund
Covers day-to-day operating expenses: security, landscaping, cleaning, minor repairs, utilities in common areas, and insurance premiums. Funded through monthly contributions from lot owners.
Sinking Fund
Reserved for major capital expenditures and cyclical repairs — re-painting, lift replacement, waterproofing, and other items with long replacement cycles. Minimum contribution rates are prescribed by the Commissioner of Buildings.
The BMSMA specifies minimum contribution rates to the sinking fund based on the age of the development. Developments between five and ten years old must contribute at least 10% of the management fund, while those over ten years must contribute at least 15%. The MCST may resolve to contribute higher amounts at a general meeting.
Failure to pay contributions is treated as a debt owed to the MCST. The Act gives the MCST the power to recover arrears through the courts, and unpaid contributions accrue simple interest at 10% per annum unless the MCST resolves otherwise. Section 40 of the BMSMA also imposes a charge on the strata lot itself, giving the MCST a priority claim over other creditors in certain circumstances.
The 2020 Amendments: Key Changes
The Building Maintenance and Strata Management (Amendment) Act 2020 introduced the most significant changes to Singapore's strata governance framework in fifteen years. Among the most consequential changes:
- Mandatory electronic filing: MCSTs managing 100 or more lots became required to file annual returns, financial statements, and resolutions through the Commissioner of Buildings' electronic portal.
- Mandatory insurance: All MCSTs are now required to maintain building insurance for the full reinstatement value of all buildings in the strata development.
- Financial governance tightening: The Commissioner of Buildings received enhanced powers to investigate and direct MCSTs to comply with financial management requirements.
- Strata Titles Board mediation: Mandatory mediation was introduced as a prerequisite for certain classes of disputes before the STB can proceed to adjudication.
- Developer obligations: Developers handing over management to an MCST are now required to provide more detailed maintenance records and defect liability information.
By-Laws Under the BMSMA
The Fourth Schedule to the BMSMA contains prescribed by-laws that apply automatically to every strata development in Singapore. These cover fundamental matters such as the prohibition on using lots for purposes other than those in the strata title plan, noise restrictions between 10:30 pm and 7:00 am, prohibitions on obstructing common property, and the process for making renovations that affect structural elements.
An MCST may, by special resolution (at least 75% of votes by share value), add to, amend, or repeal any by-law other than those in the prescribed list. Additional by-laws must be lodged with the Singapore Land Authority within 30 days of the general meeting at which they were passed.
The Role of the Commissioner of Buildings
The Commissioner of Buildings (COB), a statutory appointment within the Building and Construction Authority (BCA), is the principal regulatory authority under the BMSMA. The COB has broad supervisory powers: the ability to inspect MCST records, direct an MCST to comply with the Act, investigate complaints from subsidiary proprietors, and refer matters to the Public Prosecutor where criminal offences under the Act are disclosed.
Common Property: A Critical Concept
The concept of "common property" sits at the heart of the BMSMA. Under the Act, common property means all the land and all parts of a building that are not comprised in any lot, except for limited common property designated for the exclusive use of certain lots. The maintenance and upkeep of common property is the MCST's primary obligation.
What constitutes common property has been the subject of considerable litigation. Singapore courts have consistently held that external walls, the roof, structural columns, pipes within walls that serve more than one lot, and the building's external facade are common property regardless of whether they are directly accessible or visible to residents.
Last reviewed and updated: 1 April 2026. Content reflects the BMSMA as amended through the Building Maintenance and Strata Management (Amendment) Act 2020 and subsequent subsidiary legislation. Legislative references are to the Singapore Statutes Online edition current as of the update date.