Falling concrete in flats: Who is responsible for maintenance — town council, HDB, or homeowner?, Singapore News
FM Love 972 radio DJ Ho Ai Ling narrowly avoided injury on June 22 when a chunk of concrete fell from the toilet ceiling in her flat at Block 81 Commonwealth Close in Queenstown. Ho moved into her 58-year-old flat 14 years ago.
Earlier, an elderly man was struck by falling spalling concrete from the ceiling of his toilet in his Yishun HDB flat on the morning of June 19, sustaining injuries to both his leg and head, requiring more than 10 stitches. The flat was completed 41 years ago.
While his family received assistance from Nee Soon GRC MP K Shanmugam with payment for repairs, where exactly does the buck stop when it comes to responsibility for spalling concrete in HDB homes?
Is it the owner, HDB, or the town council? Owner's responsibility: HDB
HDB has said that spalling concrete is a common issue for older buildings, exacerbated by damp conditions such as those in kitchens or toilets.
It occurs when concrete breaks away from a surface due to numerous factors, such as moisture build-up or corrosion of metal reinforcement within the concrete.
"As the owner, you are responsible for the prevention and repair of any spalling concrete in your flat," according to HDB, adding that spalling concrete within HDB flats can be prevented with regular maintenance.
It has advised homeowners to repair spalling concrete themselves if the affected area is small, or engage a contractor for larger areas before more concrete dislodges and causes injury.
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If left unattended, concrete spalling can spread to a bigger area and weaken the building structure, HDB stated.
It also has multiple inspection regimes in place to detect issues such as spalling concrete, according to response by the Ministry of National Development (MND) to a Parliamentary question by Joan Pereira on Oct 20, 2022.
Under the periodic structural inspection regime, inspections must be conducted for all residential buildings every 10 years to ensure that building structures are well maintained.
For flats completed before Jan 1, 1989, HDB conducts additional inspections at five-year intervals.
Periodic façade inspections are also conducted for buildings above 20 years old and more than 13m in height every seven years.
The goodwill repair assistance (GRA) scheme also allows HDB to provide aid to flat owners to repair spalling concrete issues.
Under the scheme, HDB co-pays 50 per cent of the cost of repairs, up to $300 per flat. For rental flats, HDB bears the full cost for the repair of spalling concrete.
HDB's home improvement programme (HIP) for blocks built up to 1997 also repairs spalling concrete and structural cracks in flats. Town council responsible for common property
While many residents may contact their town councils for assistance when they spot spalling or cracked concrete in their homes, the town councils' involvement in resolving the issue should be minimal.
According to a response by MND to a parliamentary question by Christopher de Souza on Aug 7, 2024, town councils are responsible for maintaining the common property. View this post on Instagram
A post shared by AsiaOne (@asiaonecom)
This means that the maintaining the interior of flats and necessary repair works are not their responsibility.
Instead, should flat owners encounter issues with their main soil pipe or exterior and façade walls, the town council can assist.
"Minor wall cracks inside flats do not affect the structural integrity and safety of the building," MND stated.
"Flat owners can patch up and repaint their walls. For exterior and facade walls, the town councils carries out inspections and upkeep of these walls."
HDB also follows-up with regular inspections and will immediately repair if the crack could potentially compromise the structural integrity of the building, they added. Homeowners and their responsibility
Speaking with AsiaOne, PKWA Law associate director Mark Cheng said that in most interior spalling cases, HDB's stance that the homeowner is responsible is legally sound.
"Flat owners are responsible for maintaining their interiors, but in certain cases, they may be eligible to apply for co-payment from the HDB," Cheng said.
Town councils handle common property such as external facades and roofs and would not be responsible for internal spalling, he stated.
Cheng said that town councils may investigate and get involved if spalling debris originates from facades or falls onto void decks, corridors or exteriors.
But homeowners aren't always liable for concrete spalling.
In instances of spalling caused by leakage upstairs, HDB can mediate or enforce repairs, or even take legal action should the person in the unit above refuse access for necessary repairs, Cheng explained.
"In addition, the homeowner might not have to pay for repairs if the spalling falls within upgrading schemes such as the HIP, or occurs during the defects liability period for new builds."
"Knowing when liability shifts is key," he added. "With the assistance of a lawyer, homeowners can be better advised on their rights, in order to trigger the correct government funding for repairs, or seek redress if coverage is wrongly denied."
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khooyihang@asiaone.com
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