To curb illegal structures in Singapore, hold professionals who build them accountable

News that the authorities are investigating possible unauthorised rooftop structures at two private residential developments in Haig Avenue has shone a spotlight on those who undertake these illegal building works.

The Straits Times reported in September that the authorities were looking into the case of home owners at the Rose Maison and EiS Residences who had built enclosed rooms on the open rooftop of the two private apartment blocks. It is unclear whether building plans for the rooftop structures had been submitted for approval.

The number of unauthorised structures investigated by the Building and Construction Authority (BCA) has risen over the years. Between 2020 and 2023, it investigated an average of 120 such cases each year. This was more than double the 57 cases per year (or 170 cases in total) from 2016 to 2018.

But BCA pointed out that the latest figures mostly involve structures like ground-floor shelters or roof covers that do not impact a building’s structure.

Unauthorised addition and alteration works are a serious issue.

BCA has said unauthorised structures could pose a grave danger to the building’s occupants. This is because such structures might not have been checked and certified by a professional engineer who can ensure the building is structurally safe.

Yet reports of unauthorised structures continue to make headlines and industry players say it is a prevalent practice, more often than not seen in landed properties.

Safety issues aside, property owners who put up unauthorised structures often do so without paying the authorities the required fees.

When asked, BCA did not provide figures on the number of firms or individuals it has taken to task for building these structures.

The BCA website shows that between 2021 and 2024, it had taken enforcement action against 49 parties involved in construction projects. Of this number, 15 parties had carried out or permitted building works without approved plans or permits. These people included a property owner, builders and qualified persons like professional engineers.

But a closer look shows that only seven of the 15 were prosecuted, convicted and fined.

The rest, which included construction firms and professional engineers, received 24-month conditional warnings.

Industry watchers say this raises questions about the degree of accountability faced by professionals who enable unauthorised structures to be built.

The 2023 case involving a co-owner of a property agency who built without approval an illegal mezzanine floor at The Alexcier, an industrial building in Alexandra Road, is a case in point.

He had enjoyed the use of that mezzanine floor, which spanned over 5,000 sq ft, for about 10 years and would probably have had to pay over $1 million for the additional floor area if it had been approved.

While he was fined $50,000 on two charges, the companies involved in the construction – an interior design firm and a contractor – were only given warnings.

In such cases, why are professionals who carry out these illegal works not given harsher punishments?

After all, they are just as involved in carrying out these unauthorised works and actively profiting from work they know is against the law.

Contractors told ST that in some cases of unauthorised works, the contractor would get home owners to sign forms to indemnify them against any liability.

“Some contractors would agree to carry out unauthorised works despite the legal risks, especially in private residences, as it is the architects and qualified persons’ job to seek BCA and URA approvals. We are just executing the renovation work,” said one renovation contractor who spoke on condition of anonymity.

He recounted a case where he was tasked to extend the balcony of a landed property after the temporary occupation permit was obtained.

“The architect’s plan was not approved. But the owner wanted to proceed anyway,” the contractor said.

One veteran architect, who wanted to be known only as Mr Chng B.G., said these professionals knowingly assist in carrying out such works, which would not have been possible without their technical expertise and detailed planning.

The argument that contractors and architects involved are just trying to make a living should cut no ice, as the reality is that cutting corners on safety and legal protocols can have serious consequences.

Construction company director Goh Boo Kui said structural failures, especially in unauthorised additions, can lead to accidents.

In 2018, he spent about $40,000 to engage an architect and structural engineer to design and obtain the relevant approvals from the authorities for addition and alteration works to a three-storey house, including filling a void space on the second floor.

“Many people won’t pay these additional consultant fees, but it is important to get a professional engineer to do a thorough check to see if the existing structure can carry the additional slab on the second storey,” said Mr Goh.

“After all, you don’t want your family members to get hurt.”

Addressing this issue is not about breaking the rice bowls of firms and workers involved in these projects but about ensuring that the buildings that people live and work in are safe.

Source: Straits Times © SPH Media Limited. Permission required for reproduction.

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