Public officers can enter homes to seize items causing nuisance under proposed changes to neighbour dispute management

A public consultation on the changes will happen from May 11-31, 2023.

Kelsy Koh | May 10, 2023, 03:00 PM

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From tomorrow (May 11), the public is invited to give feedback on the suggested changes to the Community Dispute Management Framework (CDMF).

This consultation was initiated by the Ministry of Culture, Community and Youth (MCCY), Ministry of Law (MinLaw), and Ministry of National Development (MND) under the Forward Singapore exercise.

The survey seeks public opinion on changes to the CDMF that will “allow for more targeted and effective intervention in serious neighbour dispute cases,” according to a write-up about the changes that was shared with the media, and which will be made available to the public.

Proposed interventions aimed at “serious” disputes

The CDMF was set up in 2014 to promote more gracious and harmonious living environments.

The proposed enhancements to the CDMF will help to address neighbour disputes which have become “entrenched and acrimonious”, in the words of Senior Minister of State for National Development Sim Ann in March 2023, speaking during the Committee of Supply debates.

The ministries highlighted that most neighbour disputes are related to noise level management, such as from renovation or pets. These conflicts generally remain minor and are resolved amicably. However, more severe cases require “legislative enhancements for more targeted enforcement and effective resolution”.

Examples of “serious” conflicts include continued disruptions created to intentionally harass others and other issues which have not been settled amicably with mediation. According to the ministries, “what qualifies as serious will be considered on a case-by-case basis”.

The changes to the CDMF hope to target these complex cases which remain unresolved with efforts such as investigation and mediation.

Suggested investigation and enforcement powers to “enable more effective intervention”

The ministries are proposing to enhance the powers of public officers and government agency representatives to investigate neighbour disputes.

To determine causes of disruptions, the enhanced investigative powers range from collecting video or photo proof of the dispute to installing “monitoring devices” such as noise sensors in the common areas of public or private residences.

To further enforce the CDMF, public officers could issue Notices of Mandatory Mediation, which obligates parties involved in disputes to attend mediation sessions if the case is deemed suited for mediation.

The ministries hope to encourage more parties to use mediation services as neighbour disputes mediated by the Community Mediation Centre (CMC) have high settlement rates of around 80 per cent, but less than 30 per cent of all conflicts referred to CMC proceed with mediation voluntarily.

Under enhancements to the mediation framework, the CMC can also require re-mediation for previously resolved cases where settlement terms have been later breached.

Proposed enforcement powers for public officers further include entering residences to stop ongoing disruptions or confiscating “nuisance-causing object[s]”, with or without the consent of the legal residents or owners.

The broadened investigation and enforcement powers aim to empower public officers in determining and ameliorating neighbour conflicts. These powers will be bound by “appropriate safeguards” such as seeking approval from the CDRT to intervene without residents’ consent, said the ministries.

Enhanced processes for the Community Disputes Resolution Tribunals

The ministries maintain that the Community Disputes Resolution Tribunals (CDRT) will remain “an avenue of last resort” for complex cases which have not been resolved with earlier interventions.

The enhancements aim to “deliver faster and more effective relief to affected residents”. For example, the CDRT could grant interim orders before the final decision.

The CDRT could also award costs to an involved party for their efforts in the proceedings. This simultaneously penalises parties which may have hindered the resolution through non-compliance, such as refusals to participate in mediation.

Promoting social norms

The Municipal Services Office (MSO) will continue to promote social norms such as stronger relationships between neighbours and courteous behaviours within communities, in collaboration with the Community Advisory Panel (CAP) on Neighbourhood Noise, the Singapore Kindness Movement (SKM), and the Housing Development Board (HDB).

Entrenching these norms could reduce the number of disputes that require such management measures in the first place.

Online survey live from May 11

The online survey on the proposed changes to the CDMF will be available from May 11 at 6pm, and will close May 31, 2023.

The survey can be found at go.gov.sg/feedbackcdmf.

Top photo by Mothership and Antonio Guillem via Getty Images Pro