Private Estate Residents Seeking Help from Building and Construction Authority to Resolve Conflicts and Safety Concerns from Airspace Encroachment in Past Two Years

Mr Yip Hon Weng asked the Minister for National Development (a) in the past two years, how many private estate residents sought help from the Building and Construction Authority (BCA) to resolve conflicts and safety concerns arising from airspace encroachment; and (b) whether the Ministry will consider implementing laws to regulate the use of another neighbour’s airspace for essential maintenance work.

BCA has received five cases involving conflicts over airspace encroachment in private estates over the past two years. Such cases usually involve the erection of temporary scaffolding above an adjacent property to carry out works for a new or reconstructed landed development.

Owners of landed properties must obtain their neighbour’s consent if they wish to enter the latter’s property or airspace to carry out works. Owners who face difficulties in seeking their neighbour’s cooperation can engage their Neighbourhood Committees or consider dispute resolution channels like the Community Mediation Centre, to try to resolve the issues amicably. For development projects in which the neighbour’s consent cannot be obtained, BCA requires the Qualified Person and the builder to review the construction method so that the works can be carried out within the development boundary.