HDB may get more powers to enter flats without court warrant

Romesh Navaratnarajah13 Mar 2015

HDB flats

The Ministry of National Development (MND) announced it had submitted proposed amendments to the Housing and Development Act in parliament yesterday.

The bill contains four key provisions that aims to help HDB enforce its rules and regulations.

First, it will empower HDB officers to enter a flat in cases of investigation and urgent repair works with or without a court warrant.

The housing board may obtain a court warrant to enter a flat if owners continue to bar HDB officers from entering the premises following a 24-hour notice period.

For a warrantless entry, HDB will only exercise this right if there is an imminent danger to public safety or public health in the area, such as flat owners demolishing the structural beams.

The second key provision in the bill raises the penalty for unauthorised renovation. Under the existing rules, homeowners can only engage a Registered Renovation Contractor (RRC) to refurbish their flats. Both parties must also follow the terms and conditions set by HDB for any approved renovation work.

Under the new changes, the fines against RRCs, lessees and non-registered contractors will be raised from $5,000 to $20,000, and they can be imprisoned for up to one year. The agency can also impose a maximum penalty of $10,000 on the lessee and RRC.

Given there have been cases whereby HDB’s investigation on lease infringement was hampered by non-cooperative owners, the revised rules will also give officers enhanced powers of investigation.

These include the ability to enter premises with a warrant, take written statements, obtain evidence such as photographs, audio or video recordings of the flat, and require individuals to provide information or documents relevant to the investigation.

Finally, the new changes allow HDB to adjust its fines against lease infringement so that the amount will commensurate the severity of the violation, up to a maximum of $50,000.

Currently, the quantum of penalty is fixed for each type of lease infringement such as unauthorised subletting and misuse of flats for non-residential purposes. Aside from the fine, HDB may also compulsorily acquire a flat.

 

Romesh Navaratnarajah, Singapore Editor at PropertyGuru, edited this story. To contact him about this or other stories email romesh@propertyguru.com.sg

Lee Joo Mong
Mar 14, 2015
No mention if the registered contractor is involved? No justice?
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