Extent of HDB's Authority in Water Leakage Repair Incidents where Homeowners are Uncooperative
Ministry of National DevelopmentSpeakers
Summary
This question concerns the extent of the Housing and Development Board's authority when flat owners are uncooperative in resolving inter-floor water leakage issues. Minister for National Development Lawrence Wong explained that while owners are jointly responsible for repairs, HDB provides financial assistance through the Goodwill Repair Assistance scheme. If cooperation fails through engagement and mediation, HDB may seek a Court Order to compel repairs, with non-compliance potentially resulting in a fine or jail term. Furthermore, the Housing and Development (Amendments) Act 2015 empowers HDB to enter a flat with a warrant to perform urgent repairs as a last resort. These powers are intended to address serious leaks that pose distress or danger to residents after all other avenues for cooperation have been exhausted.
Transcript
85 Ms Foo Mee Har asked the Minister for National Development to what extent is HDB empowered to act in cases where water leakage occurs between floors and one of the parties refuses to cooperate to resolve the issue.
Mr Lawrence Wong: Flat owners are responsible to maintain the interior of their flats. In the case of ceiling leaks, both the upper and lower floor flat owners are jointly responsible, as provided for under the Housing and Development Board (HDB) Lease. Since 2001, HDB has provided assistance through the Goodwill Repair Assistance (GRA) scheme by arranging for the repair works and co-paying 50% of the cost. The upper- and lower-floor flat owners share the remaining 50% equally.
While the GRA scheme has helped many flat owners, HDB has encountered some upper-floor flat owners who do not cooperate and delay the repair unnecessarily.
For such cases, HDB will engage the upper floor flat owners to seek their cooperation to carry out the repairs. Grassroots leaders may also step in to persuade them to cooperate. If all these efforts fail, HDB may apply for a Court Order to compel the upper-floor flat owner to carry out the repairs. If the owner refuses to comply with the Court Order, the owner may be found in contempt of Court, which could result in a fine or jail term.
As a last resort, section 26A of the Housing and Development (Amendments) Act 2015 grants HDB the power to enter a flat with a warrant to carry out urgent repairs. This will help to address urgent and serious cases of ceiling leaks which can be a source of distress or even potential danger to residents if not resolved in a timely manner. HDB will only use these powers sparingly, after exhausting all other avenues to get the owner's cooperation.