Katong penthouse owners told to address unauthorised rooftop structures

SINGAPORE - Owners of penthouse units in Haig Avenue who had put up unauthorised structures on their rooftops will be given time to regularise or remove them after inspections by the authorities found no structural safety issues.

The case involves eight penthouses at two private residential developments - Rose Maison and EiS Residences - where rooftop structures such as glass-enclosed spaces, roof extensions and windowed rooms had been brought to the attention of the authorities. 

Inspections began in June, but it remains unclear whether the home owners had submitted plans for approval.

Responding to queries from The Straits Times, the Urban Redevelopment Authority (URA) and Building and Construction Authority (BCA), said: "URA is working directly with the subsidiary proprietors and the management corporations of the developments, where a reasonable time will be given for parties to regularise or remove any unauthorised structures, as the case may be."

To regularise structures, property owners will have to ensure that the structures meet the planning and design requirements by the authorities. This could involve paying fees for gross floor area (GFA), or for a professional engineer to assess the structures and get relevant approvals.

These inspections reflect a broader trend, with the BCA reporting an increase in unauthorised building modifications in recent years.

Between 2020 and 2023, BCA handled an average of 120 cases of unauthorised structures each year, the majority of which involved shelters on the ground floor or roof covers - a marked increase from the 57 cases per year it handled between 2016 and 2018.

BCA has said these shelters and roof covers do not impact a building's structure.

In tandem with this investigation, the BCA is reviewing the scope of building works that property owners can carry out on their homes and buildings without the need for approval from the authorities.

Separately, BCA has launched an investigation into potential breaches of building regulations by East Coast Road home owner Ng Jun Quan, who recently faced a court order to remove an unauthorised mezzanine floor in his shophouse unit.

Ng's unauthorised renovation included a 676 sq ft mezzanine floor, with living and sleeping areas connected by a staircase, which was discovered by the management corporation strata title (MCST) of the development.

The MCST, represented by lawyers Daniel Chen and Enzel Tan of Lee & Lee, took legal action in December 2023 after Ng refused to remove the unauthorised structures and reinstate the unit to its original condition.

Chen told The Straits Times on Nov 1 that home owners who want to make changes to their units that affect the building's appearance, would need to seek approval from the MCST.

More significant modifications - such as those increasing the "covered floor space" - require approval by way of a 90 per cent resolution passed by subsidiary proprietors (home owners) at a general meeting, as stipulated under the Building Maintenance and Strata Management Act (BMSMA), he added.

Beyond MCST approval, regulatory approvals may also be required. For alterations that increase the gross floor area or affect planning parameters, URA's approval must be obtained, said URA and BCA.

The East Coast Road case underscores challenges often faced by MCSTs when enforcing building by-laws.

Chen highlighted several recurring challenges MCSTs encounter when pursuing legal action. These include owners arguing that similar modifications exist within the development or that there is no benefit to the MCST in obtaining an order for removal.

Another argument is that approvals were given informally by the managing agent, which, some owners argue, should allow them to keep the changes.

Common unauthorised changes in residential developments include balcony enclosures, awnings and loft installations, said Chen, who specialises in litigation and disputes involving MCSTs.

He observed that unauthorised modifications are more frequent in older developments, where earlier violations may not have been addressed.

URA and BCA said they investigate alleged unauthorised structures based on public feedback or through periodic inspections. Both agencies extend their investigations to include all involved in constructing these structures.

Even if unauthorised modifications are permitted to remain, owners may face civil penalties and charges related to any increase in property value.

Under the Planning Act, any person who is found guilty of carrying out or permitting the carrying out of works to build unauthorised structures without planning permission could be fined up to $200,000.

Under the Building Control Act, any person who is found guilty of starting or carrying out, or permitting or authorising any building work without obtaining planning approval or a permit to begin structural works, could be fined up to $200,000 or jailed for up to two years, or both.

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This article was first published in The Straits Times. Permission required for reproduction.