URA Warns of a Persistent Trend of Unauthorised Works in Strata Homes, With 116 Suspected Cases in Nine Months

URA gave two examples: lofts or mezzanines with an area of more than 5 sq m, and unauthorised enclosed structures on private roof terraces or private first-storey patios.

Reports typically come from fellow residents or the management corporation strata title (MCST), as well as from the periodic structural inspections required for residential buildings, which are carried out every 10 years under the Building and Construction Authority (BCA). Enforcement action has been started in “a number of cases”, and most unauthorised works in strata homes were removed without court action. URA said it will not hesitate to prosecute offenders who do not comply with enforcement notices.

A BCA spokesperson said the agency investigated an average of about 50 reported cases of unauthorised structures a year in strata residential developments over the past three years, and most were assessed to be structurally safe. Unsafe structures generally lack adequate support or anchoring, or impose loads beyond what the existing floor was designed to carry.

Structural safety. A mezzanine, for example, can add load to slabs, beams and columns that were not designed for it. Without assessment by a qualified person, such as a registered architect or professional engineer, URA said the works could compromise the building and affect neighbours as well as the occupants.

Insurance and financing. The General Insurance Association of Singapore said claims linked to or caused by unauthorised works or structural modifications may not be covered when loss or damage occurs. URA added that owners could also fail to meet the conditions attached to their property financing.

Equity among owners. Maintenance fees and sinking fund contributions are typically based on a unit’s share value, which takes floor area into account. Extra floor area created without approval lets an owner enjoy more space without a matching adjustment to fees, unlike neighbours who follow the rules.

Owners generally need approval or advice from three parties: the MCST, government agencies and a qualified person. Works that increase gross floor area (GFA) need a 90 per cent resolution at the development’s annual general meeting. Generally, any covered floor space counts towards GFA. Before 12 January 2013, URA did not count private semi-outdoor areas and private roof terraces as GFA, but enclosing them with walls creates covered floor space and adds area. Shelters over such spaces do not count as long as they have no enclosing walls. URA and/or BCA approval may also be required.

Owners who have already carried out unauthorised works should remove the structures or obtain approval to retain them where the law allows. If GFA was added, they need the 90 per cent resolution before engaging a qualified person to apply to URA to keep the works. If approved, the extra floor area may be subject to a land betterment charge when the development’s total GFA exceeds its paid-up GFA.

URA stressed that rectifying or regularising the works is the owner’s responsibility, including where the works were already in place when the owner bought the property. Under the Planning Act, a person found guilty of carrying out or permitting unauthorised structures without planning permission may be fined up to S$200,000. Under the Building Control Act, building work without the required approval or permit can bring a fine of S$200,000, up to two years’ jail, or both.