Additional Government Support for Residents Facing Persistent Disturbances from Errant Neighbours

27 Mr Christopher de Souza asked the Minister for Law what additional measures the Government will consider to support residents facing persistent disturbances from errant neighbours who refuse mediation and respond confrontationally, given concerns that existing legal remedies may be costly.

Mr Edwin Tong Chun Fai: In the lead up to the Community Disputes Resolution (Amendment) Act 2024 (Act), the Government conducted a holistic review of the Community Disputes Management Framework (CDMF). Under the Act, several enhancements to the CDMF were introduced.

First, the Act empowers authorised officers to issue a Mediation Direction (MD) to require neighbours (who refuse voluntary mediation) to attend mediation at the Community Mediation Centre for suitable cases. Non-compliance with a MD is an offence.

The MD framework is currently being piloted in the Housing and Development Board (HDB) estate of Tampines for neighbour noise disputes, which form the vast majority of neighbour disamenity complaints. The MD framework will be expanded nationwide as soon as practicable.

Second, the Act establishes the Community Relations Unit (CRU). CRU officers have a range of investigatory and enforcement powers to intervene in neighbour disputes. This includes the power to issue advisories, warnings and abatement orders. The CRU is currently being piloted in the HDB estate of Tampines Town for serious noise and hoarding cases. Agencies are also planning to expand the CRU pilot to more towns.

For completeness, in cases that cannot be resolved via mediation or the CRU, affected residents can consider filing a Community Disputes Resolution Tribunals (CDRT) claim if they assess that their neighbour has caused unreasonable interference with their enjoyment or use of their residence. CDRT filing fees are kept low – it costs $150 to commence a CDRT claim and the hearing fees for the first day of hearing are free. Individuals with demonstrated financial need can apply for an upfront fee waiver, and those who succeed in their claim may recover the costs incurred from the respondent.

Third, for the most severe of cases that involve recalcitrant nuisance-makers, the case may be referred to HDB to consider compulsory acquisition of the HDB flat. One example is where the owner or an occupier has been convicted by the Courts at least twice for disobeying an abatement order issued by the CRU or an exclusion order from the CDRT. We recognise that it is a very severe action, which would affect not only the nuisance-maker but also the rest of the person's household. This lever is considered where all other levers have failed to abate the nuisance and measures are required to protect the wider community.

Any resident who feels threatened by his or her neighbour, is faced with a confrontation or fears for his or her personal safety should immediately call the Police, who will intervene when there are law and order concerns.