Debated in Parliament on 29 Jan 2016.
Mr Zainal Sapari asked the Minister for National Development (a) whether the Building and Construction Authority (BCA) will approve the installation of gondola points in the private areas of flats in high-rise residential developments; and (b) what recourse do home owners have to request developers to use alternative gondola systems that are not installed at the expense of their family safety.
BCA does not regulate the use of gondola systems nor specify the location of gondola points to anchor the system.
Such gondola points or other building maintenance systems are provided by the developer to facilitate maintenance works on the building facade, such as cyclical maintenance, cleaning or repairs. These gondola points are typically provided at the roof of the development and, in the case of some private residential developments, they may also be provided at the external wall, planter, air conditioner ledge, roof terrace, balcony of some of these units.
Developers will generally inform home buyers of the gondola points and the need for access through their Sale and Purchase Agreement. Any request to change the gondola points or system is a contractual matter home buyers need to settle with the developer and, subsequently, the Management Corporation Strata Title (MCST).
The safety requirements for the erection and operation of gondolas are governed under MOM's Workplace Safety and Health Act. Gondolas are required to be of good construction and sound material, and adequately and securely supported. Operators of these gondolas are required to be trained and competent. These measures ensure the safe use of gondolas in high-rise residential developments. Members of the public who are concerned about the safe usage of such gondolas can call MOM's hotline at 6317 1111 to report workplace safety and health violations or lapses.
Would the Ministry agree that developers must opt for alternative gondola points or systems if proven viable to fix these points at common areas without resorting to installing these points at the private balcony areas of home owners, which would compromise the family's safety and privacy?
These developers generally inform home buyers of where these gondola points are – it is all in the documentation – and the need for access in order to do so. Home buyers should engage the developer on any request regarding gondola points or systems. If they have difficulty, then of course, at an Annual General Meeting (AGM) or Extraordinary General Meeting (EGM) it may be necessary for residents to reflect this request to their Managing Council.
Madam, in most cases, the clauses in the Sales and Purchase Agreement are very generic and not being made very clear to the potential home owners. Should there be any dispute, who could actually mediate the developers and the home owners in such cases?
Madam, I believe in some of these Sale and Purchase Agreements for condominium developments, you may find or tend to find clauses that provide for mediation. One institution that can help the process is the Singapore Mediation Centre (SMC). Of course, they can approach the developer directly or go for an AGM or EGM. If they approach URA, and some residents have done so, URA will facilitate by getting the developer to look seriously at the residents' concerns.
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