HDB officers get powers to enter flats to investigate, carry out repairs
TODAY file photo
SINGAPORE — Laws were passed in Parliament today (April 13) to empower Housing and Development Board (HDB) officers to enter flats to investigate and carry out repair works without permission from the owners.
Uncooperative owners will be given 24 hours’ notice and a court warrant is not necessary, if there is imminent danger to the public.
Speaking in Parliament, Minister of State for National Development Desmond Lee assured that the laws will be used as a last resort, after exhausting all other avenues to get the owners’ cooperation. Six Members of Parliament (MPs) raised concerns, including possible impersonation of HDB officers and whether the notice period is too short.
In response, Mr Lee stressed that impersonation of any public officers is a very serious offence and will be dealt with sternly under the law. Flat owners can also call HDB to verify the identity of its officers. On the notice period, he pointed out that in instances where the laws have to be invoked, HDB would have already engaged the owners for some time.
During the second reading of the Bill, Mr Lee cited examples where HDB could have been caught in a “legal grey zone”, and residents would have been placed in unnecessary danger if owners had refused entry to officers from the statutory board: About two years ago, Housing and Development Board (HDB) officers had to enter a Bishan flat for emergency repairs after the homeowner removed part of a structural column during renovations. The owner did not apply for a renovation permit from HDB, which was alerted by a concerned neighbour. With the structural integrity of the building compromised, HDB engineers had to prop up the affected beams and stayed up all night to reinstate the column.
A few months later, a renovation contractor demolished part of the prefabricated reinforced concrete walls at a Simei unit, which served as supporting structures for the block. Again, HDB officers had to conduct repairs.
Both the Bishan flat owner and the Simei flat contractor were prosecuted and fined.
As for the powers to enter flats after applying for a warrant, Mr Lee said it would help deal with cases where owners have refused to cooperate in carrying out repairs for ceiling leaks. In such cases, the HDB would apply for a court order to enter the flat of the upper floor neighbour to investigate and carry out repairs.
Each year over the last four years, an average of one in four such ceiling leak cases take more than four months to resolve. From 2012 to last year, the HDB took legal action against 400 households after all means to engage residents to cooperate failed.
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As for unauthorised renovation works, there were five cases of major structural infringements last year, compared to three cases in 2005. The newly-passed laws will raise penalties against errant renovation contractors — including those not registered with HDB — and flat owners from S$5,000 to S$20,000, and they could be jailed up to a year.
Nominated MP (NMP) Mohd Ismail Hussein asked if owners have to bear the cost of damage when HDB officers forcefully enter a flat, while NMP Lina Chiam questioned if there are enough safeguards for flat owners since the cost of any damage may be prohibitive.
Mr Gan Thiam Poh (Pasir-Ris Punggol GRC) and Mr Mohd Ismail were also concerned about possible impersonation of HDB officers, while Mrs Chiam and Dr Lee Bee Wah (Nee Soon GRC) questioned if the 24-hour notice period before obtaining court warrants is too short.
Responding, Mr Lee reiterated that these powers would not be invoked for fresh cases and the HDB would have already spent time persuading the occupiers. As such, 24 hours was sufficient notice, he said.
He also assured that there will be strict protocol for officers handling such cases. Only officers authorised by the HDB are empowered to enter the flat, and they will be required to show proof of their identity to enter. There will also be at least one HDB officer present in the flat with the contractor at all times.
As for Mrs Chiam’s suggestion that HDB officers to wear a recording device before entering the premises for safety and security reasons, the HDB would look into this, he said.
