Urgent Compliance for Penthouse Owners

In Singapore, penthouse owners along Haig Avenue are facing a pressing deadline as they must address unauthorised rooftop structures in their properties. Inspections conducted by authorities revealed that while no structural safety issues were found, the presence of these unauthorised additions raises significant compliance concerns.

Key Developments and Compliance Concerns

Key developments involved include Rose Maison and EiS Residences, where various structures such as glass-enclosed spaces, roof extensions, and windowed rooms have sparked scrutiny. While inspections began in June, it remains uncertain whether the homeowners have proactively sought necessary approvals for these changes.

Collaborative Efforts by Authorities

The Urban Redevelopment Authority (URA) and Building and Construction Authority (BCA) announced that they are working closely with property owners and management corporations to provide a reasonable timeframe for either regularising or removing these illegal structures. However, this process involves ensuring compliance with planning and design regulations, which may include fees for the altered gross floor area and the hiring of professional engineers for structural assessments.

Rising Trend of Unauthorised Modifications

This situation reflects a growing trend in Singapore, where unauthorised building modifications are becoming increasingly common. Recent statistics from the BCA reveal an alarming rise in reported cases, from an average of 57 annually in 2016-2018 to approximately 120 yearly between 2020 and 2023. Most infractions involve ground floor shelters or rooftop covers, which officials assert do not compromise overall building safety.

Legal Consequences and Case Studies

In parallel to this situation, the BCA is actively reviewing the existing regulations governing building modifications that can be undertaken without formal approval. Notably, a scandal involving the East Coast Road homeowner, Ng Jun Quan, underscores the gravity of these infractions. He was recently mandated by a court order to dismantle an unauthorised 676 sq ft mezzanine floor in his shophouse following action taken by the management corporation strata title (MCST). Legal representatives have expressed that homeowners need to seek MCST approval for any modifications that alter the building's aesthetics.

Challenges in Enforcement

More major alterations that increase the covered floor area require a high voter consensus (90 percent) during community meetings, as dictated by the Building Maintenance and Strata Management Act (BMSMA). The Ministry's requirement for URA and BCA approval for significant changes adds another layer of regulatory oversight that homeowners must navigate. The challenges faced by MCSTs when enforcing building by-laws are notable. Common arguments made by homeowners include citing the presence of similar modifications or claiming informal approvals given by managing agents.

Urgent Call to Action for Homeowners

Instances of unauthorised changes often involve balcony enclosures and loft installations, particularly prevalent in older developments where past violations may have lingered unaddressed. As the momentum toward stricter enforcement gains traction, property owners are urged to act quickly. Even if these unauthorised structures are allowed to remain, homeowners may be subjected to civil penalties, especially if these alterations lead to an increased property value without the requisite permissions.

Severe Consequences Under the Law

Violations can come with severe consequences under Singaporean law. Under the Planning Act, offenders may face fines up to $200,000, while the Building Control Act imposes similar fines or potential imprisonment for up to two years for those found guilty of commencing building works without the necessary authorisation.

Conclusion: Time is of the Essence

It is clear: the clock is ticking for penthouse owners in Haig Avenue. Will they take the necessary steps to regularise or face the music? The situation is evolving, and time is of the essence!