Introduction

The recent case involving a homeowner at Frankel Estate and reported by The Straits Times, highlights the serious repercussions of unauthorized renovation works in
Singapore. The court’s decision to order the removal of an unapproved mezzanine floor underscores the importance of adhering to building regulations and the rights of management corporations under strata law.

Case Background

The case of The Management Corporation Strata Title Plan No 2785 v Ng Jun Quan (Huang Junquan) [2024] SGDC 150 began when the management corporation (MCST) of the property in question discovered a “lighting plan” during renovation inspections in February 2022. This plan then revealed the existence of a 676 square feet
mezzanine floor, which had not been included in the approved renovation plans. The mezzanine level contained a living area, two bedrooms, and a bathroom connected by a staircase.

Despite protestations from the MCST, the homeowner continued the unauthorized work. Further inspections uncovered additional changes, such as roof modifications and the creation of an open terrace. These alterations breached Singapore’s Building Maintenance and Strata Management Act (BMSMA) and encroached on common property rights.

Legal Framework and Violations

In Singapore, strict building laws regulate renovations that alter the structure or use of a strata-unit property. Two key laws govern such modifications. The first is the Building Control Act, which mandates that prior approval must be obtained for any structural changes. Violations under this act attract penalties, including fines,
demolition orders, and other enforcement actions to reverse the unauthorized changes. The second is the Building Maintenance and Strata Management Act (BMSMA), which stipulates under Section 37 that changes to strata-titled units affecting floor area or common property require approval from 90% of other unit owners at a general meeting. Without this approval, any such works are deemed
illegal.

In this case, the homeowner’s actions—constructing a mezzanine level, altering the roof, and adding a terrace—were clear violations of both laws. His failure to obtain the necessary approvals left the MCST with no choice but to initiate legal proceedings to rectify the breaches.

Court Rulings   

The court ruled against the home owner after finding his actions in breach of both the BMSMA and the Building Control Act. The District Judge in that case then
ordered the homeowner to remove the unauthorized mezzanine floor and staircase and to reinstate the roof, roof gutter, and demolished wall to their original
condition at his own costs.

The judge in this case rejected the home owner’s arguments of “substantial
hardship” due to his $288,888 renovation cost, noting that financial loss cannot justify illegal actions. Emails between the home owner and the MCST showed that he was aware of the need for proper approvals but proceeded anyway. The
additional liveable space created was equivalent to a two-bedroom apartment, but the lack of approvals made it unlawful.

Key Issues and Lessons

Homeowners must ensure that all renovation works comply with the law. Ignorance of regulations is not a valid excuse. This case illustrates the importance of seeking proper advice and obtaining necessary approvals before starting any renovation. The home owner’s decision to act clandestinely led to legal action and significant financial loss. His experience serves as a cautionary tale for others in similar
situations.

Contractors and architects also play a crucial role in ensuring compliance with the law. They have a duty to inform clients about legal requirements and to refuse
projects that violate regulations. Assisting in unauthorized works could result in disciplinary actions or damage to their professional reputation. Accountability among professionals is essential to maintaining industry standards and public trust.

Public safety concerns are another critical issue raised by this case. Unauthorized renovations often bypass mandatory safety checks, creating risks for occupants and neighbours. Building laws are designed to ensure the structural integrity of
properties and the safety of their users. Violating these laws can lead to accidents,
increased maintenance costs, and disputes among property owners.

Additional Legal and Social Implications

Renovating without proper approval can have serious financial consequences. The home owner in this case had to bear not only the cost of removal and
reinstatement but also the loss of his substantial investment in the unauthorized works. This highlights the importance of adhering to regulations to avoid costly repercussions.

Social harmony within strata-titled developments can also be disrupted by
unauthorized renovations. Other unit owners may feel that their rights are being
ignored, leading to tension and conflict. Respecting shared spaces and rules is
essential for maintaining good relationships in collective living environments.

This case also sets an important legal precedent for future disputes involving
unauthorized works. It reinforces the authority of MCSTs and the courts in ensuring compliance with building regulations. By upholding the rule of law, such rulings contribute to the overall integrity of Singapore’s urban planning framework.

Implications for Stakeholders

For homeowners, this case serves as a clear warning to follow proper procedures for renovations. Non-compliance can lead to enforcement actions, financial
penalties, and legal disputes. Seeking approvals and adhering to regulations is not just a legal requirement but also a practical safeguard against future problems.

MCSTs must remain vigilant in monitoring renovations and taking prompt action against violations. They play a key role in protecting the rights of all unit owners and ensuring that shared property is managed responsibly. Legal recourse should be pursued if owners fail to comply with the rules.

Lawyers also play a crucial role in advising clients on compliance with building laws and representing stakeholders in disputes. This case underscores the importance of their expertise in navigating the complexities of building and strata management laws.

Conclusion

This case highlights the critical importance of adhering to Singapore’s building
regulations and strata laws. Unauthorized renovations not only breach legal
provisions but can also lead to significant consequences for property owners.
Beyond safety issues, such non-compliance can create complications in the future, such as difficulties when selling the property or securing a loan with the bank.

For homeowners, the takeaway is clear: always seek the necessary approvals and comply with the law to avoid potential legal and financial repercussions.
Compliance is not merely a formality; it safeguards the interests of all stakeholders and contributes to a well-regulated and secure living environment.

In the meantime, should you have any queries, please do not hesitate to contact us.