Drones, like the one pictured here, are used to take aerial photos of surrounding areas to give an idea of what the views from a building will be like. (Photo: Bruce Bennett / Getty Images)
EXCLUSIVE: The operation of drones in Singapore is in the spotlight once again, after an alleged incident involving one flying into the construction site of a recently launched condominium in Redhill, raising serious safety and security concerns.
A source with knowledge of the issue told PropertyGuru that a real estate agent flew the drone into the site after a buyer supposedly got cold feet and asked to see what the view would be like from the future apartment.
The project’s developer is understood to be aware of the incident and is taking the matter seriously, which could result in the property agency involved being sacked. When contacted, a spokesperson for the developer would neither confirm nor deny if the incident took place.
In Singapore, the use of drones to take aerial photos is a standard practice among developers who use it as a marketing tool to help sell units on higher floors that offer scenic views of the sea or city skyline.
This latest incident is believed to be the first in Singapore linked to a condo, and comes after laws on the use of drones here took effect in June 2015.
Between April 2014 and May 2015, there were 20 incidents involving drones, said then-Transport Minister Lui Tuck Yew in Parliament last year. These included drones falling onto MRT tracks in two separate instances in 2015. In both cases, the operators lost control of the drones while flying them, but there were no disruptions or damage to property.
Depending on the drone model, they typically cost between $50 to more than $1,300, and are popular among hobbyists who like to fly them in open fields, reported The Straits Times.
Current regulations concerning the use of unmanned aircraft, such as drones, fall under the Civil Aviation Authority of Singapore (CAAS). Their website lists down strict criteria for operators to follow, which includes flying drones a safe distance away from people and property.
“Despite the safety features in some unmanned aircraft, mechanical malfunction, loss of control link or human error could occur and cause operators to lose control of their aircraft in flight,” the CAAS said.
“This may result in the unmanned aircraft colliding with a manned aircraft or another unmanned aircraft, or hitting persons and property on the ground, potentially causing injury and damage.”
Gregory Vijayendran, Partner, Commercial Litigation at law firm Rajah & Tann, explained that permits are required to operate drones for business purposes, such as in the marketing of property.
Although it isn’t known if the unnamed agent in this case applied to the CAAS for a license to operate the drone, he or she could still find themselves on the wrong side of the law as the developer has grounds to take civil action against those involved.
“Civil claims under private law would obviously include the tort of trespass to property. Also, a person who suffers damage to property in connection with a drone could sue under the tort of private nuisance or negligence,” said Vijayendran.
Under the law, a penalty imposed on a drone operator for a first offence is a fine not exceeding $20,000. A second or subsequent offence would incur a fine not exceeding $40,000, or imprisonment for a term not exceeding 15 months, or both.
Meanwhile, the property agency that employed the agent could also land itself in hot soup, as “the agency could be vicariously liable for the agent’s act of trespass, nuisance or negligence”, noted Vijayendran.
He added that more can be done to educate drone operators here. “Singaporeans must realise that the use of drones can be sunk by laws other than gravity. The potential intrusive and invasive nature of drones need to be properly managed by operators to avoid criminal responsibility and civil liability.”
Romesh Navaratnarajah, Senior Editor at PropertyGuru, wrote this story. To contact him about this or other stories, email romesh@propertyguru.com.sg
