DEFECTS IN COMMON PROPERTY IN STRATA TITLE DEVELOPMENTS � PERSPECTIVES OF DEVELOPERS AND SUBSIDIARY PROPRIETORS

Abstract

Strata title is a form of airspace ownership devised for multi-storey living. In a land scarce country like Singapore, strata title developments increased human density and land productivity. Defects in buildings involve high rectification costs and may pose a danger to the lives of the residents living in the development. This paper explores the perceptions of various stakeholders in strata title developments towards defects in common property. The three objectives of this study are – (1) to understand Singapore’s legal position pertaining to defects in common property, (2) to assess stakeholders’ awareness of this legal position and (3) to propose recommendations to create a level playing field for subsidiary proprietors (SPs) and professionals in terms of liability for building defects in the common property of strata developments. The research methodology involved an analysis of cases litigated in Singapore as well as in other common law jurisdictions and face-to-face in-depth interviews conducted with professionals from the construction industry as well as SPs from strata developments. Interview responses between the stakeholders depicted a disparity in knowledge with respect to legal knowledge, statutory duties and procedures. The professionals acknowledged that occurrence of defects can be minimized with due care exercised during construction stage. Developers’ responses implied that a developer’s responsibility after the handover lies strictly within the boundaries of warranties issued. However, this is not in line with the standpoint of the law. The paper concludes with practical recommendations that could improve the current situation on defects in common property in strata title developments from the perspective of the various stakeholders.