Town Council of Marsiling-Yew Tee (Common Property and Open Spaces) By-laws 2016 - Legislation Guide
Town Council of Marsiling-Yew Tee (Common Property and Open Spaces) By-laws 2016
Legislation Overview
- Full title: Town Council of Marsiling-Yew Tee (Common Property and Open Spaces) By-laws 2016 (section 1).
- Regulation number: No. S 135 (metadata).
- Gazette citation: SL 135/2016 (metadata).
- Current status: Current version as at 27 Mar 2026 (metadata).
- Commencement: These By-laws came into operation on 1 April 2016 (section 1).
- Enabling framework: The By-laws are made under the Town Councils Act and refer to powers and concepts connected with the Act, including section 24, section 24(9), section 20(1), and section 49 of the Act (related legislation; sections 2, 8(10), 20, 20A).
- Territorial application: The By-laws apply to the Town of Marsiling-Yew Tee and its common property and open spaces (section 2).
- Core subject matter: Regulation of conduct on common property and open spaces, including obstruction, damage, parking, signage, fixtures, utilities, refuse chutes, and entry to restricted areas (sections 3 to 17).
- Important exemptions: Certain vehicle restrictions do not apply to perambulators, toy vehicles used solely by a child, mobility aids, and public paths; repair restrictions do not apply to repairs reasonably necessary to remove a vehicle; enforcement powers are preserved; and public path rights are preserved (sections 7(2), 9(2), 20, 20A).
- Amendments noted: Amended by S 592/2019 with effect from 1 September 2019; deleted material is also noted in the text (amendment notes).
Summary
The Town Council of Marsiling-Yew Tee (Common Property and Open Spaces) By-laws 2016 establish a detailed code governing conduct on common property and open spaces within the Town of Marsiling-Yew Tee. The By-laws are designed to protect shared residential spaces, preserve safety, prevent nuisance, and regulate the use of common facilities and open areas. Their operative provisions begin with a broad prohibition on placing objects or transporting renovation debris without permission, and then move through a series of specific restrictions covering obstruction, damage, vegetation, parking and vehicle use, vehicle repair, recreational activity, entertainment and sales, signage, fixtures, utilities, refuse chutes, throwing items from flats, and entry into restricted rooms and rooftops (sections 3 to 17).
The By-laws also define key terms that determine the scope of the prohibitions. For example, “common property,” “open space,” “Town,” “Town Council,” “vehicle,” “mobility aid,” and “public path” are all defined in section 2, while “immobilisation device” and “secretary” are defined for the vehicle enforcement regime in section 8(10), and “item” is defined for the prohibition on throwing objects from flats in section 16(10). These definitions are central because many obligations apply only to common property or open spaces in the Town, and some restrictions are expressly limited by exemptions or permissions (sections 2, 7(2), 8(10), 16(10)).
The By-laws are not framed as a general criminal code, but they do create enforceable obligations and prohibitions. The text provided does not include a standalone penalties clause, so the practical consequences of breach must be understood in the context of the Town Councils Act and the enforcement powers preserved by the By-laws themselves. In particular, the By-laws expressly allow the Town Council, its secretary, authorised officers, employees, and authorised persons to take reasonably necessary or expedient enforcement action, including removal, detention, and immobilisation of vehicles (sections 8(2), 20). The By-laws also preserve public rights of passage along public paths in accordance with the Active Mobility Act 2017 (section 20A).
What is the purpose?
The text provided does not contain an express purpose clause. However, the purpose can be inferred from the operative provisions and definitions. The By-laws regulate the use, protection, and enjoyment of common property and open spaces in the Town by prohibiting conduct that would obstruct shared areas, damage property, create hazards, interfere with utilities, or disturb residents. This is evident from the prohibitions on placing objects on common property, obstructing lawful use, damaging common property, removing vegetation, parking or using vehicles in unauthorised areas, repairing vehicles on common property, engaging in games or skating in undesignated areas, holding entertainment or sales events without permission, displaying signs, erecting fixtures, drawing water or electricity, misusing refuse chutes, throwing items from flats, and entering restricted rooms or rooftops (sections 3 to 17).
The structure of the By-laws also shows a protective and administrative purpose. The Town Council is given control over designated areas and the power to grant prior written permission for otherwise prohibited activities, which indicates a management function rather than an absolute ban on all use. For example, the Town Council may designate places for parking, vehicle use, skating, games, entertainment, sales, signage, and fixtures, and may grant permission for vegetation-related acts, utility use, and entry into restricted areas (sections 6, 7, 10 to 14, 17). The enforcement provisions further indicate that the By-laws are intended to be practical tools for maintaining order and safety in shared residential spaces (sections 8(2), 20).
What are the key provisions?
1. Definitions that control the scope of the By-laws
Section 2 defines the principal terms used throughout the By-laws. “Building” means a building in a housing estate of the Board in the Town, and “common property” means any common property in the Town (section 2). “Open space” means an open space in the Town that is common property, which means the open-space restrictions are tied to common property status rather than every open area in the Town (section 2). “Town” means the Town of Marsiling-Yew Tee, and “Town Council” means the Town Council of the Town (section 2). “Vehicle” is defined broadly to include mechanically propelled and non-mechanically propelled vehicles intended or adapted for use on a road, such as bicycles, power-assisted bicycles, and personal mobility devices, but excludes mobility aids (section 2). “Mobility aid” includes a wheelchair and a mobility scooter as defined by the Active Mobility Act 2017, for a person unable to walk or having difficulty walking (section 2).
Section 2 also defines “park” as bringing a vehicle to a stationary position and causing it to remain there for any purpose, and “parking place” adopts the meaning in the Parking Places Act (section 2). “Public path” is a path declared under section 6 of the Active Mobility Act 2017 as a public path, and “sign” is defined broadly to include a signal, warning sign post, direction post, banner, notice or advertisement (section 2). These definitions are important because they determine when the vehicle, signage, and path-related provisions apply (sections 2, 7, 10, 12, 20A).
2. Prohibition on placing objects and transporting renovation debris
Section 3 prohibits a person from placing, depositing, keeping or leaving any object, material, article or thing on any common property or in an open space not designated by the Town Council for that purpose (section 3(a)). It also prohibits transporting renovation debris or other building material in a lift in a building, or over any other common property or an open space, without the prior written permission of the Town Council (section 3(b)). This provision is a broad housekeeping rule designed to keep shared areas clear and to control renovation-related movement through common spaces (section 3).
3. Obstruction of lawful use
Section 4(1) provides that a person must not, with an object, fixture or thing, obstruct, or cause or permit the obstruction of, the lawful use of any common property (section 4(1)). The wording is broad and captures both direct and indirect obstruction, including permitting obstruction. The focus is on preserving lawful access and use of shared areas, which complements the more specific restrictions elsewhere in the By-laws (section 4(1)).
4. Damage to common property
Section 5(1) prohibits a person from removing, destroying, damaging or defacing any common property, or removing any earth, soil or property from the common property (section 5(1)). This is a direct protection of the physical integrity and appearance of shared property. It covers both intentional damage and removal of materials from common property (section 5(1)).
5. Vegetation controls
Section 6 prohibits, without prior written permission of the Town Council, the removal, cutting, damaging or disposal of any turf, plant, shrub or tree, or any part of it, situated on common property or in an open space (section 6(a)). It also prohibits picking a shrub or plant, or any part of it, situated on common property or in an open space, without permission (section 6(b)). These provisions protect landscaping and greenery in shared residential spaces and reserve control over vegetation management to the Town Council (section 6).
6. Parking and vehicle use restrictions, including enforcement powers
Section 7(1) prohibits, without prior written permission of the Town Council, parking a vehicle on any common property or in an open space that is not a parking place, and using, riding or driving any vehicle on any common property or in an open space not designated by the Town Council for that type of vehicle (section 7(1)(a) and (b)). The definition of “vehicle” in section 2 is broad, but section 7(2) creates important exclusions from paragraph (1)(b): the restriction does not apply to a perambulator, a toy vehicle used solely by a child, a mobility aid, or any common property or open space that is a public path within the Town (section 7(2)(a) to (d)).
Section 8 provides the enforcement mechanism for vehicle-related breaches. Under section 8(2), the secretary or an authorised officer may remove the vehicle to and detain it at a place of safety or any other suitable place, or immobilise the vehicle by affixing an immobilisation device to prevent removal without consent (section 8(2)(a) and (b)). Section 8(10) defines “immobilisation device” as a device or appliance designed or adapted to be fixed to a vehicle to prevent movement and approved by the secretary or an authorised officer, and defines “secretary” by reference to section 20(1) of the Act (section 8(10)). These provisions show that the By-laws contemplate immediate practical enforcement, not merely post-breach proceedings (sections 8(2), 8(10)).
7. Vehicle repair and servicing
Section 9(1) prohibits repairing, painting, spraying, testing or servicing a vehicle on any common property or in an open space, or causing or permitting such acts (section 9(1)). Section 9(2) provides an exception: paragraph (1) does not apply to repairs that are reasonably necessary for the removal of the vehicle from the common property or open space (section 9(2)). This exception recognises that limited on-site repair may be necessary to move a disabled vehicle away from a shared area (section 9(2)).
8. Skating, skateboarding and games
Section 10 prohibits roller skating, riding a skateboard, or playing or taking part in any game on any common property or in an open space, except on common property or open space designated by the Town Council for that purpose (section 10). The provision is broad and covers both individual and group recreational activity, but it allows the Town Council to designate suitable areas for such use (section 10).
9. Entertainment, receptions, parties, and sales
Section 11(1) prohibits, without prior written permission of the Town Council, holding or staging, or causing the holding or staging of, any show, play, wayang or other entertainment, or any reception or formal party, on common property or in an open space (section 11(1)(a)). It also prohibits selling, or offering or exhibiting for sale, goods or services on common property or in an open space without permission (section 11(1)(b)). These provisions regulate commercial and social use of shared spaces and preserve the Town Council’s control over events and trading activities (section 11(1)).
10. Signs, fixtures, structures and installations
Section 12(1) prohibits displaying, or causing or permitting to be displayed, a sign on any common property or in an open space without prior written permission of the Town Council (section 12(1)). Section 2 defines “sign” broadly, so the restriction can cover notices, banners, advertisements, and similar items (section 2). Section 13(1) similarly prohibits erecting or installing a fixture, structure or thing on any common property or in an open space without prior written permission (section 13(1)). Together, these provisions prevent unauthorised visual clutter, encroachment, and physical alteration of shared spaces (sections 12(1), 13(1)).
11. Water and electricity use
Section 14 prohibits, without prior written permission of the Town Council, drawing, diverting or taking water from any tap, pipe or water service installation situated on common property or in an open space, and drawing, diverting or taking electricity from any socket, electrical supply line or electrical installation situated on common property or in an open space (section 14(a) and (b)). This provision protects shared utilities and prevents unauthorised consumption or interference with essential services (section 14).
12. Refuse chute restrictions
Section 15 prohibits throwing or depositing, or causing or permitting to be thrown or deposited, into a refuse chute in a building any object, material, thing, article or substance that will or is likely to choke or clog the refuse chute, obstruct the free fall of refuse in the refuse chute, or cause nuisance, annoyance or inconvenience to other owners or occupiers of the building (section 15(a) to (c)). This provision is aimed at maintaining sanitation, preventing blockages, and protecting residents from inconvenience and nuisance (section 15).
13. Throwing items from flats or buildings
Section 16(1) prohibits a person from endangering the life of, or causing injury to, another person, or causing damage to any property in the Town by throwing an item, or allowing an item to fall, from the person’s flat or any part of a building onto common property or an open space (section 16(1)). Section 16(10) defines “item” broadly as any pot, plant, ornament, article, object or substance (section 16(10)). This is a safety provision with a wide reach, addressing both deliberate throwing and negligent allowing of items to fall (sections 16(1), 16(10)).
14. Restricted rooms, rooftops and enclosed utility areas
Section 17 prohibits, without prior written permission of the Town Council, entering a lift motor room, pump room, switch room or roof top, and entering any common property that is a fenced enclosure, building or room and contains an installation for the use or supply of water or electricity (section 17(a) and (b)). This provision protects access-controlled and potentially hazardous areas, especially those connected with building services and utilities (section 17).
15. Enforcement and preservation clauses
Section 20 provides that the By-laws do not prevent an officer or employee of the Town Council, or a person authorised by the Town Council, from doing an act that is reasonably necessary or expedient to enforce the By-laws (section 20). This is an important general enforcement safeguard, ensuring that the Town Council can take practical steps to secure compliance (section 20). Section 20A provides that the By-laws do not affect the rights of the public to pass along a public path within the Town in accordance with the Active Mobility Act 2017 (section 20A). This preserves public access rights and ensures that the By-laws operate consistently with the active mobility regime (section 20A).
What are the penalties/obligations?
The text provided does not include a standalone penalties section, and no specific fine or imprisonment term is set out in the extracted provisions. Accordingly, the obligations in these By-laws are best understood as enforceable prohibitions and permission-based controls rather than as provisions that specify their own penalty amounts in the text supplied (sections 3 to 17). The legal consequences of non-compliance would therefore need to be read together with the Town Councils Act and any applicable enforcement or offence provisions outside the extracted text (related legislation; sections 20, 20A).
The obligations imposed by the By-laws are extensive. A person must not place objects on common property or in open spaces unless designated for that purpose, and must not transport renovation debris or building material through lifts or over common property without written permission (section 3). A person must not obstruct lawful use of common property with objects, fixtures or things (section 4(1)). A person must not damage, deface, remove earth or soil from, or otherwise interfere with common property (section 5(1)). A person must not remove or damage vegetation on common property or in open spaces without permission (section 6). A person must not park or use vehicles in unauthorised areas, subject to the exemptions in section 7(2) (section 7(1), 7(2)).
The obligations continue with restrictions on vehicle repair, skating, skateboarding, games, entertainment, sales, signage, fixtures, utilities, refuse chute use, throwing items from flats, and entry into restricted rooms and rooftops (sections 9 to 17). In practical terms, residents and visitors must seek prior written permission from the Town Council whenever the relevant provision requires it, and must comply with any designated areas or approved arrangements established by the Town Council (sections 6, 7, 10 to 14, 17). The Town Council also has the authority to remove or immobilise vehicles under section 8(2), which is an immediate enforcement consequence independent of any later proceedings (section 8(2)).
When did it come into effect?
The By-laws came into operation on 1 April 2016 (section 1). The extracted metadata confirms the same commencement date, and the current version is stated to be as at 27 Mar 2026 (metadata; section 1). An amendment note also records that the By-laws were amended by S 592/2019 with effect from 1 September 2019, and that certain text was deleted by that amending instrument from that date (amendment notes).
Legislation Referenced
- Town Councils Act (Chapter 329A) — referenced in the title context and in section 8(10), section 20, and section 20A by reference to the Act and its provisions (sections 8(10), 20, 20A). [CDN] [SSO]
- Active Mobility Act 2017 (Act 3 of 2017) — referenced in the definitions of “mobility aid,” “public path,” and “vehicle,” and in section 20A (sections 2, 20A).
- Parking Places Act (Cap. 214) — referenced in the definition of “parking place” in section 2 (section 2).
- Section 24 of the Town Councils Act — listed in the related legislation metadata (related legislation).
- Section 20(1) of the Act — referenced in the definition of “secretary” in section 8(10) (section 8(10)).
- Section 24(9) of the Act — listed in the related legislation metadata (related legislation).
- Section 49 of the Act — listed in the related legislation metadata (related legislation).
Source Documents
This article analyses for legal research and educational purposes. It does not constitute legal advice. Readers should consult the full judgment for the Court's complete reasoning.