Written Answer by Ministry of National Development on disputes involving design and construction defects, and Temporary Occupation Permit

Aug 17, 2015

Mr Zainal Sapari: To ask the Minister for National Development 

(a) what is the form of assistance that is rendered by BCA to mediate disputes involving residents and developers especially in private housing projects where there are design or construction defects even though these comply with BCA's building regulations; and 

(b) whether BCA can tighten the issuance of the Temporary Occupation Permit or Certificate of Statutory Compliance to ensure building construction meets an acceptable standard. 

Answer: 

The granting of the Temporary Occupation Permit and the Certificate of Statutory Completion is dependent on the building meeting the respective regulatory requirements of agencies, such as SCDF for fire safety, BCA for structural safety and PUB for drainage and sewerage provisions. 

Disputes over defects, such as those related to design and workmanship, are governed by the terms of the Sale and Purchase (S&P) Agreement between the developer and the buyer. While BCA cannot intervene in private contractual disputes, BCA will facilitate meetings, where possible, between the parties concerned to resolve such disputes. 

Additionally, buyers may also resolve their disputes with the developer through mediation. Currently, there are two organisations offering mediation services, namely, the Real Estate Developers' Association of Singapore (REDAS) and the Singapore Mediation Centre (SMC). For example, the REDAS Conciliation Panel deals with disputes specifically concerning workmanship, quality of materials used and/or obligations under the S&P Agreement which arise during the defects liability period.