Singapore Planning Act 1998
Singapore Planning Act 1998
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title
2 Interpretation
3 Meaning of "development"
4 Meaning of "subdivide"
5 Competent authority
6 Master Plan
9 Conservation areas
11 Conservation guidelines
17 Provisional permission
18 Outline permission
20 Expiry of permissions
22 Appeals to Minister
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24 Obligation to purchase land in certain cases
Part 4 ENFORCEMENT
28 Enforcement notices
33 Injunctions
34 Civil penalties
Part 5 (Repealed)
Part 5A (Repealed)
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Part 6 RECOVERY OF MONEYS
41 Recovery of money
43 Attachment
44 Application of proceeds
48 Application to court
49 Security to be given
Part 7 MISCELLANEOUS
50 (Repealed)
51 Authentication of documents
52 Service of documents
53 Exemption
54 Exclusion of liability
57 Composition of offences
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58 Offences by officers, etc., of bodies corporate
61 Rules
THIRD SCHEDULE
Legislative History
Abbreviations
Comparative Table
This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31
December 2021
An Act to provide for the planning and improvement of Singapore and for purposes
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connected therewith.
[Act 11 of 2021 wef 01/08/2022]
[1 April 1998]
PART 1
PRELIMINARY
Short title
1. This Act is the Planning Act 1998.
Interpretation
2. In this Act, unless the context otherwise requires —
“amendment”, in relation to the Master Plan, includes any alteration or addition to
or any repeal or replacement of the Master Plan in whole or in part;
“architect” means a person who is registered as an architect under the Architects
Act 1991 and who has in force a practising certificate issued under that Act;
“breach of planning control” means —
(a) the carrying out of any development of land without the requisite
planning permission;
(b) the carrying out of works in a conservation area without the requisite
conservation permission; or
(c) any failure to comply with any condition imposed under section
14(4) for a written permission or any condition of an authorisation
under section 21(6);
“building” includes any house, hut, shed or roofed enclosure (whether used for the
purpose of human habitation or otherwise) and also any wall, fence, platform,
staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty,
landing-stage or bridge, or any structure or foundation connected to the
foregoing;
“certificate of statutory completion” has the meaning given by the Building
Control Act 1989;
“Certified Interpretation Plan” means a Certified Interpretation Plan prepared and
certified by the competent authority under section 7;
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“Collector” has the meaning given by the Land Revenue Collection Act 1940;
“competent authority”, in relation to this Act or any Part or provision of this Act,
means any competent authority appointed under section 5 to be responsible for
the operation of this Act or that Part or provision, as the case may be;
“conservation” means the preservation, enhancement or restoration of the
character or appearance of, and the interior and exterior of any building in, a
conservation area;
“conservation area” means an area designated by the Minister in accordance with
sections 8 and 9;
“conservation guidelines” means the conservation guidelines issued under section
11;
“conservation permission” means permission mentioned in section 12(2);
“developer” means the person for whom or on whose behalf development of land
or works within a conservation area are carried out;
[Deleted by Act 11 of 2021 wef 01/08/2022]
“dormitory accommodation” includes accommodation occupied, or available for
occupation, by 7 (or such other number as the Minister may, by notification in
the Gazette, prescribe in substitution) or more individuals, where rent or other
form of consideration is paid or given for the accommodation, whether by an
occupant or another person, and whether or not the relationship of landlord and
tenant is thereby created, except where the occupants consist only of the
following:
(a) an individual who is related by blood, marriage or adoption (by
virtue of an order of court in Singapore or elsewhere) to all other
occupants except an occupant mentioned in paragraph (b) or (c);
(b) a domestic worker whose work permit states the premises occupied
as the domestic worker’s residential address;
(c) an individual engaged to provide care or medical assistance to
another occupant;
“enforcement notice” means a notice served under section 28;
“engineer” means a person who is registered as a professional engineer under the
Professional Engineers Act 1991 and who has in force a practising certificate
issued under that Act;
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“functions” includes powers and duties;
“holding” means any piece or parcel of land held or possessed under an instrument
of title, capable of being registered under the Registration of Deeds Act 1988
or, where applicable, under the Land Titles Act 1993, relating exclusively
thereto;
“information notice” has the meaning given by section 25;
“land” includes buildings and any estate or interest in or right over land;
“land surveyor” means a person who is registered as a surveyor under the Land
Surveyors Act 1991 and who has in force a practising certificate issued under
that Act;
“Master Plan” has the meaning given by section 6;
“occupier” includes any person in actual occupation of land or premises or any
person having the charge, management or control of the land or premises either
on the person’s own account or as an agent of another person, but does not
include a lodger;
“owner”, in relation to land or premises, means the person for the time being
receiving the rent of the land or premises whether on the person’s own account
or as trustee for any other person or as receiver (not being appointed by or on
behalf of a mortgagee) or the person who would receive the rent if the land or
premises were let to a tenant and includes —
(a) a mortgagee in possession; and
(b) the purchaser of any newly constructed premises or part thereof in
respect of which a temporary occupation permit or a certificate of
statutory completion has been granted;
“planning permission” means permission mentioned in section 12(1);
“prescribe” means prescribe by rules made under this Act;
“provisional permission” means provisional permission granted under
section 17(1) or 17A(2);
[Act 23 of 2023 wef 18/12/2023]
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“street” includes any road, square, footway or passage, whether a thoroughfare or
not, over which the public has a right of way, and also the way over any public
bridge, and includes also any road, footway or passage, open court or open
alley, used or intended to be used as a means of access to 2 or more holdings,
whether the public has a right of way thereover or not; and all channels, drains
and ditches at the side of any street are deemed to be part of that street;
“subdivision permission” means permission mentioned in section 12(3);
“temporary occupation permit” has the meaning given by the Building Control
Act 1989;
“use”, in relation to land, does not include the use of land by the carrying out of
any building or other operations on the land;
“works within a conservation area” means —
(a) any development of land within a conservation area; or
(b) any decorative, painting, renovation or other works (whether
external or internal) to any building within a conservation area
which may affect its character or appearance;
“written permission” means a planning permission, conservation permission or
subdivision permission (as the case may be) granted by a competent authority
and includes any such permission granted or issued by electronic transmission
or in a medium other than paper and authenticated in such manner as the
competent authority may determine;
“written statement”, in relation to the Master Plan, means that part of the Master
Plan which includes a summary of the main proposals of the Master Plan with
such descriptive matter as the competent authority considers necessary to
illustrate the proposals of the Master Plan or as the Minister may, from time to
time, direct for that purpose.
[17/2001; 30/2003; 7/2017]
Meaning of “development”
3.—(1) Subject to subsections (2) and (3), in this Act, except where the context
otherwise requires, “development” means the carrying out of any building, engineering,
mining, earthworks or other operations in, on, over or under land, or the making of any
material change in the use of any building or land, and “develop” and “developing” are
to be construed accordingly.
(2) The following operations or uses of land are not to be deemed for the purposes of
this Act to involve development of land:
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(a) the carrying out of works for the maintenance, improvement or other
alteration of a building which do not materially affect the external
appearance or the floor area of the building;
(b) the carrying out of such minor or preliminary works and such temporary
use of land as the competent authority may declare for the purpose of this
subsection;
(c) the carrying out by any statutory authority of any works on land within the
boundaries of a street, being works which are necessary for the
maintenance or improvement of the street;
(d) the carrying out by any statutory authority of any works for the purpose of
laying, inspecting, repairing or renewing any sewers, mains, pipes, cables
or other apparatus, including the breaking open of any street or other land
for that purpose;
(e) the carrying out of any act authorised or required by the Control of Vectors
and Pesticides Act 1998;
(f) the use of any existing building or land within the curtilage of a dwelling
house for any purpose incidental to the enjoyment of the dwelling house as
such;
(g) the use of any land for the purposes of forestry (including afforestation)
and the use for any of those purposes of any building occupied together
with land so used;
(h) in the case of any building or land which is used for a purpose of any class
specified in any rules made under section 61, the use of the building or
land or any part thereof for any other purpose within the same class.
[11/2019]
(3) To avoid doubt, it is declared that for the purposes of this section —
(a) the use as 2 or more separate houses of any building previously used as a
single house involves a material change in the use of the building and of
each part thereof which is so used;
(b) the use as a dwelling house of any building not originally constructed for
human habitation involves a material change in the use of the building;
(c) the use for other purposes of a building or part of a building originally
constructed as a dwelling house involves a material change in the use of
the building;
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(d) the use for a purpose specified in the Fourth Schedule of a building or part
of a building originally constructed as a dwelling house constitutes
development, whether such use commenced before, on or after 15 May
2017;
(e) the demolition or reconstruction of or addition to a building constitutes
development;
(f) the use for the display of advertisements of any external part of a building
which is not normally used for that purpose involves a material change in
the use of the building;
(g) the deposit of refuse or waste materials on land involves a material change
in the use of the land even though the land is comprised in a site already
used for that purpose, if —
(i) the superficial area of the deposit is extended; or
(ii) the height of the deposit is extended and exceeds the level of the
land adjoining the site;
(h) subject to subsection (2)(h), the use of any building or part thereof for any
purpose other than that for which the building was originally constructed
involves a material change in the use of the building;
(i) any decorative, painting, renovation or building works, whether external or
internal, to or on a monument in respect of which there is in force a
preservation order under the Preservation of Monuments Act 2009
constitutes building operations;
(j) the use and operation as 2 or more separate entities of any building or
buildings or part of a building which is or are approved or authorised to be
used and operated as one single entity for any of the uses specified in the
Second Schedule involves a material change in the use of the building or
buildings or part of the building; and
(k) where a planning permission or conservation permission is cancelled under
section 15(4), a planning permission or conservation permission granted
for a specified period has lapsed, or a condition of an authorisation under
section 21(6) is breached, the continued use of any building or land for any
purpose constitutes development from the date of the cancellation, lapsing
or breach, as the case may be.
[30/2003; 16/2009; 7/2017]
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Meaning of “subdivide”
4.—(1) Subject to this section, a person is, for the purposes of this Act, said to
subdivide land if, by any deed or instrument, the person conveys, assigns, demises or
otherwise disposes of any part of the land in such a manner that the part so disposed of
becomes capable of being registered under the Registration of Deeds Act 1988 or, in the
case of registered land, being included in a separate folio of the land-register under the
Land Titles Act 1993, and “subdivide” and “subdivision” are to be construed
accordingly.
(2) Despite subsection (1), the following leases granted on or after 1 April 1998 are
not to be regarded as a disposal of the land or part thereof:
(a) in the case of any development described in Part 1 of the Third Schedule
— the grant of any lease for any unit in the development for a term not
exceeding an aggregate of 14 years;
(b) in the case of any development described in Part 2 of the Third Schedule
— the grant of any lease for a building or any part of a building comprised
in the development for a term not exceeding an aggregate of 14 years;
(c) in the case of any other land — the grant of any lease of the whole or part
of the land for a term not exceeding an aggregate of 7 years.
[30/2003]
(3) The Minister may, at any time, by order in the Gazette amend, delete or add to the
list of leases in subsection (2) which are not to be regarded as a disposal of land or part
thereof.
[30/2003]
Competent authority
5.—(1) The Minister may, by notification in the Gazette, appoint any person or
persons as the Minister thinks fit to be the competent authority or authorities responsible
for the operation of this Act, either generally or for any particular Part or provision of
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this Act or for any particular rules made under this Act, and may in the notification
specify the extent of and manner in which that responsibility is to be exercised.
(2) The functions conferred on the competent authority by this Act may be performed
by any officer mentioned in subsection (3) who has been generally or specially
authorised by name or office by the competent authority, and subject to the competent
authority’s direction and control.
(3) The competent authority may authorise any of the following persons to perform
all or any of the competent authority’s functions conferred by this Act:
(a) any public officer;
(b) any officer in the employment of a statutory authority which has been
approved by the Minister for the purpose.
(4) Without affecting subsections (2) and (3), the competent authority may, with the
approval of the Minister, authorise generally or specially any person to perform any or
all of the functions conferred on the competent authority by sections 27 and 31, subject
to the direction and control of the competent authority.
[17/2005]
(5) Any officer or person who is authorised (whether generally or specially) under
subsection (2) or (4) to perform the functions of the competent authority under this Act is
deemed to be —
(a) a public officer for the purposes of this Act; and
(b) a public servant within the meaning of the Penal Code 1871.
[17/2005]
PART 2
Master Plan
6. The Master Plan means the Master Plan that was originally submitted to and
approved by the Governor in Council on 5 August 1958 under the provisions of Part IV
of the Singapore Improvement Ordinance (Cap. 259, 1955 Revised Edition) as
subsequently amended under the repealed Act or this Act, and includes the approved
maps and written statement.
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7.—(1) For the purpose of providing more detailed interpretation of the Master Plan,
the competent authority may, from time to time, prepare and certify further maps on a
scale larger than that of the maps contained in the Master Plan.
(2) Upon the certification the plan is to be known as a “Certified Interpretation Plan”.
Conservation areas
9.—(1) Where in the opinion of the Minister any area is of special architectural,
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historic, traditional or aesthetic interest, the Minister may approve under section 8 a
proposal to amend the Master Plan to designate the area as a conservation area.
(2) A conservation area may comprise —
(a) an area;
(b) a single building; or
(c) a group of buildings.
Conservation guidelines
11.—(1) The competent authority may issue guidelines for the conservation of
buildings or land within a conservation area and for the protection of their setting.
(2) The competent authority must publish and make available copies of the guidelines
for free inspection and for sale at a reasonable cost to the public.
PART 3
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carrying out of any development of any land outside a conservation area.
[7/2017]
(2) A person must not, without conservation permission, carry out or permit the
carrying out of any works within a conservation area.
[7/2017]
(3) A person must not, without subdivision permission, subdivide or permit the
subdivision of any land.
[7/2017]
(4) Subject to subsections (5) and (6), any person who contravenes subsection (1), (2)
or (3) shall be guilty of an offence and shall be liable on conviction —
(a) to a fine not exceeding $200,000 and, in the case of a continuing offence,
to a further fine not exceeding $10,000 for every day or part of a day
during which the offence continues after conviction; or
(b) if the person is a repeat offender, to a fine not exceeding $200,000 or to
imprisonment for a term not exceeding 12 months or to both and, in the
case of a continuing offence, to a further fine not exceeding $10,000 for
every day or part of a day during which the offence continues after
conviction.
[7/2017]
(6) Where a contravention of subsection (1) or (2) by a person involves the use of any
land or building to provide dormitory accommodation, the person convicted of an
offence under subsection (4) for the contravention shall, in lieu of the punishment
prescribed in subsection (4), be liable —
(a) to a fine not exceeding $200,000 or to imprisonment for a term not
exceeding 12 months or to both; and
(b) in the case of a continuing offence, to a further fine not exceeding $10,000
for every day or part of a day during which the offence continues after
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conviction.
[7/2017]
(7) In this section, a person is a repeat offender if the person who is convicted, or
found guilty, of an offence (other than a continuing offence) under subsection (4) has
(whether before, on or after 15 May 2017) been convicted or found guilty on at least one
other earlier occasion of —
(a) an offence under subsection (4) for contravening subsection (1), (2) or (3);
or
(b) an offence under subsection (4) as in force immediately before that date for
contravening subsection (1), (2) or (3) as in force immediately before that
same date.
[7/2017]
(8) Where a person is convicted of an offence under subsection (4) in respect of any
works on or any development or subdivision of land without having been served
previously with an enforcement notice in respect of the works, development or
subdivision, the competent authority may serve an order on the person directing the
person to remove from the land, within 14 days of the date of service of the order, all
such property or materials used in connection with the offence as may be specified in the
order.
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(b) could not, by the exercise of due diligence, have prevented the
contravention by the tenant or contractor.
[7/2017]
(3) Without limiting the ways in which a defendant may satisfy the requirements of
subsection (2)(b), a defendant satisfies those requirements if it is proved, on a balance of
probabilities, that the commission of the offence occurred when the defendant was not
the owner of the land in question and that the commission of the offence was due to the
act or default of another person.
[7/2017]
(4) An owner of any land may be proceeded against and convicted under a provision
pursuant to this section whether or not the tenant or contractor (as the case may be) of the
owner has been proceeded against or been convicted under that provision.
[7/2017]
(2) Any preliminary advice given by the competent authority under this section —
(a) does not constitute approval in principle for the proposed development,
works or subdivision; and
(b) does not authorise the carrying out of the development, works or
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subdivision or any other development, works or subdivision.
[7/2017]
(3) Where the qualified person appointed under subsection (2) ceases to be appointed
for any reason, the developer must —
(a) without delay appoint another qualified person in accordance with
subsection (2); and
(b) within 7 days after the appointment under paragraph (a), notify the
competent authority of that appointment.
[7/2017]
(4) A developer who, without reasonable excuse, fails to comply with subsection
(3)(b) shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding $10,000.
[7/2017]
(5) The competent authority must seek to determine such an application within 3
months of receiving it but may, where unavoidable circumstances so require, defer the
competent authority’s determination for such further period as the competent authority
thinks fit.
(3) Where subsection (2) applies, the competent authority may determine the
application in the manner as the Minister may approve.
(4) Subject to any rules, the competent authority may —
(a) grant written permission, either unconditionally or subject to any
conditions the competent authority considers fit, including those mentioned
in section 15; or
(b) refuse written permission.
(5) Where written permission is granted subject to conditions or is refused, the
competent authority must provide reasons in writing for imposing the conditions or
refusing the application, as the case may be.
(6) When an application for planning permission or conservation permission is made
to the competent authority in relation to any land, the application supersedes any
previous application for planning permission or conservation permission relating to the
same land which remains undetermined.
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(7) Unless otherwise approved by the Minister in writing, the planning permission or
conservation permission of the competent authority is a condition precedent to the
consideration by a licensing authority of any application for the issue of a licence for any
purpose involving the development of land.
(2) Despite subsection (1), the competent authority may, in the competent authority’s
discretion, carry out random checks on any information, document, form or plan relating
to any application for written permission before or after determining the application.
[30/2003]
(3) The competent authority may at any time revoke any written permission granted
under subsection (1) if the competent authority is satisfied that —
(a) any information contained in any document, form or plan submitted for the
application is false or misleading in any material particular; or
(b) any document, form or plan submitted for the application is not in
compliance in any material particular with the provisions of this Act and
the requirements that the competent authority may specify in respect of the
application.
[30/2003]
(4) Where the competent authority revokes a written permission under subsection (3),
any development of land, works within a conservation area or subdivision of land (as the
case may be) carried out pursuant to that written permission is or are deemed to have
been carried out without the requisite written permission.
[30/2003]
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Conditions for planning permission or conservation permission
15.—(1) All or any of the following conditions may be imposed on the grant under
section 14(4) of any planning permission or conservation permission in respect of any
land:
(a) that the permission is granted for a specified period;
(b) that where the permission is granted for a specified period, any building or
works authorised by the permission must be removed, or the use of the
land so authorised must be discontinued, at the end of the specified period,
and that any works for the reinstatement of the land at the end of that
period must be carried out;
(c) that any work must be commenced by a specified time;
(d) restrictions or requirements specified by the competent authority as to the
height, design, appearance and siting of any building, including the use of
lighting in the design and appearance of the building;
(e) that subdivision of the land is prohibited;
(f) that a banker’s guarantee must be issued to, or deposits must be placed
with, the competent authority or such statutory authority as the competent
authority may specify to secure compliance with the requirements of the
competent authority or that statutory authority;
(g) that the title of any part of the land must be transferred free from
encumbrances to the State or any public authority;
(h) that such areas within the land as the competent authority considers
necessary are to be provided, maintained and kept open and accessible for
use by the public as paths or open spaces, without any compensation;
(i) that such connecting structures (whether or not within the land) as the
competent authority considers necessary are to be provided, maintained
and kept open and accessible for use by the public or any occupier or other
user of the land and any other land adjoining or in the locality, without any
compensation;
(j) that a knock-out panel must be provided at any part of the land, and must
be removed when the competent authority requires the owner or occupier
of the land to do so, so as to allow the land to be connected to any
adjoining land or building;
(k) that the permission supersedes any previous permission given by the
competent authority to the applicant despite anything in section 20.
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[30/2003; 7/2017]
(2) To avoid doubt, the common law on dedication of land does not apply in relation
to any area or connecting structure mentioned in subsection (1)(h) or (i) to create any
interest in land.
[7/2017]
(3) The following conditions may also be imposed on the grant of any conservation
permission under section 14(4):
(a) requirements for compliance with any conservation guidelines or any other
requirements relating to conservation;
(b) requirements for making good any damage caused to the building by any
works after the works are completed;
(c) where the approval of the Commissioner of Building Control under the
Building Control Act 1989 is required to be obtained for the plans of the
building works with regard to any works within a conservation area,
requirements for the submission to the competent authority, within 7 days
of the application for approval made to the Commissioner of Building
Control, of a declaration by the qualified person who submitted the plans
of the building works for the application to the Commissioner of Building
Control that those plans are in accordance with the plans approved by the
competent authority in the grant of the conservation permission.
[30/2003; 7/2017]
(4) Where a condition is imposed under section 14(4) on the grant of planning
permission or conservation permission in respect of any land —
(a) every person carrying out any development of the land;
(b) every person carrying out any works within a conservation area on the
land; and
(c) every owner or occupier of the land,
must each comply with the condition, whether or not the person, owner or occupier
applied for the permission or owned or occupied the land at the time the permission was
granted.
[7/2017]
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works within a conservation area or any other activity in contravention of
that condition; and
(c) knew or ought reasonably to have known, when carrying out, or permitting
the carrying out, of the development, works or activity, that the
development, works or activity is in contravention of the condition.
[7/2017]
(6) Subject to subsections (7) and (8), any person found guilty of an offence under
subsection (5) shall be liable on conviction —
(a) to a fine not exceeding $200,000 and, in the case of a continuing offence,
to a further fine not exceeding $10,000 for every day or part of a day
during which the offence continues after conviction; or
(b) if the person is a repeat offender, to a fine not exceeding $200,000 or to
imprisonment for a term not exceeding 12 months or to both and, in the
case of a continuing offence, to a further fine not exceeding $10,000 for
every day or part of a day during which the offence continues after
conviction.
[7/2017]
(8) Where a contravention of subsection (4) by a person involves the use of any land
or building to provide dormitory accommodation, the person convicted of an offence
under subsection (5) for the contravention shall, in lieu of the punishment prescribed in
subsection (6), be liable —
(a) to a fine not exceeding $200,000 or to imprisonment for a term not
exceeding 12 months or to both; and
(b) in the case of a continuing offence, to a further fine not exceeding $10,000
for every day or part of a day during which the offence continues after
conviction.
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[7/2017]
(9) Where any person fails to comply with any condition imposed on any planning
permission or conservation permission, the competent authority may cancel the relevant
permission.
(10) In this section —
“connecting structure” means any underpass, subway, bridge or other structure,
whether under or above ground or at grade and whether for pedestrians or
vehicles, linking or connecting —
(a) a building with another building;
(b) a building with any public facility, space or street; or
(c) a public facility, space or street with another public facility, space or
street,
and includes escalators, travellators and other facilities but does not include a
railway tunnel or any part of it;
“repeat offender” means a person who is convicted, or found guilty, of an offence
(other than a continuing offence) under subsection (5) and has (whether before,
on or after 15 May 2017) been convicted or found guilty on at least one other
earlier occasion of —
(a) an offence under subsection (5); or
(b) an offence under section 15(3) of this Act as in force immediately
before that date.
[7/2017]
Provisional permission
17.—(1) Where the competent authority so determines, the competent authority may
grant any written permission as a provisional permission in the first instance.
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(2) The competent authority may authorise (generally or specially) the carrying out of
specified preliminary works following the grant of provisional permission.
(3) Any grant of provisional permission lapses 6 months following the date of its
granting unless a longer period is specified in the provisional permission or the
competent authority otherwise directs in writing.
(4) Where the competent authority is satisfied that all the conditions contained in a
provisional permission have been complied with during the validity period of the
provisional permission, the competent authority must grant a written permission subject
to such further conditions as the competent authority thinks fit.
[Act 23 of 2023 wef 18/12/2023]
Singapore Statutes Online Current version as at 30 Oct 2024 PDF created date on: 30 Oct 2024
to a grant of provisional permission under this section, as they apply to a
grant of written permission;
(d) section 17(2) and (3) applies to a grant of provisional permission under this
section as it applies to a grant of provisional permission under section
17(1); and
(e) to avoid doubt, section 17(4) does not apply to a grant of provisional
permission under this section.
[Act 23 of 2023 wef 18/12/2023]
Outline permission
18.—(1) An applicant for planning permission or conservation permission may if the
applicant so desires apply in the first instance for outline permission in the manner
prescribed.
(2) An application for outline permission must be determined on the same basis as an
application for planning permission or conservation permission except that the competent
authority is to have regard only to matters relating to land use, intensity, type, form and
height of the proposed development or works.
(3) Outline permission constitutes approval in principle for the proposed development
or works, but does not authorise the carrying out of that development or works or any
other development or works.
(4) Any grant of outline permission lapses 6 months following the date of its granting
unless a longer period is specified in the outline permission or the competent authority
otherwise directs in writing.
(5) Where subsequent to the grant of outline permission an application for planning
permission or conservation permission is made during the validity period of the outline
permission, the application is to be determined on the basis of the further details supplied
on that subsequent application.
(6) Section 22 applies, with the necessary modifications, to applications made under
this section as it applies to applications made under section 13.
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(a) notification in the Gazette; or
(b) amending or adding to the written permission to correct any matter
erroneously entered or omitted.
(2) Where any qualified person appointed under subsection (1) becomes unwilling to
act or unable, whether by reason of the termination of the qualified person’s appointment
or for any other reason, to carry out the qualified person’s duties under this Act, the
developer must —
(a) without delay appoint another qualified person in accordance with
subsection (1); and
(b) within 7 days after the appointment under paragraph (a), notify the
competent authority of that appointment.
[7/2017]
(3) Any developer who, without reasonable excuse, fails to comply with any
requirement in subsection (1)(a) or (b) or (2) shall be guilty of an offence and shall be
liable on conviction —
(a) to a fine not exceeding $20,000 or to imprisonment for a term not
exceeding 12 months or to both; and
(b) in respect of a continuing contravention, to an additional fine not
exceeding $1,000 for each day or part of a day the developer fails to
comply with the requirement,
and if the failure continues after the conviction, the developer shall be guilty of a further
offence and shall be liable on conviction of this further offence to a further fine not
exceeding $2,000 for every day or part of a day during which the failure to comply
continues after conviction.
[7/2017]
Expiry of permissions
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20.—(1) Except where the competent authority imposes a condition to the contrary,
every planning permission and every conservation permission lapses if the development
or works authorised by it are not completed or effected within 2 years of —
(a) the date of the grant of the planning permission or conservation
permission, as the case may be; or
[Act 23 of 2023 wef 18/12/2023]
(2) Subsection (1) applies at any time after the commencement of the development or
works but before —
(a) the Commissioner of Building Control grants a temporary occupation
permit or a certificate of statutory completion under the Building Control
Act 1989, whichever is earlier, for every building authorised in the relevant
permission; or
(b) where a temporary occupation permit or a certificate of statutory
completion is not required under the Building Control Act 1989, the
development or works is complete.
[7/2017]
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Applications referred to Minister
21.—(1) The Minister may give directions to the competent authority requiring that
all or any applications under section 13 or any class of applications specified in the
direction must be referred to the Minister for determination instead of the competent
authority, and every such application must then be so referred to the Minister.
(2) The decision of the Minister on such an application must be communicated to the
competent authority, who must grant or refuse written permission in accordance with the
decision, and, if written permission is granted, impose such conditions as the Minister
may direct and such other conditions as the competent authority thinks fit.
(3) The Minister, in determining any such application, has all the functions of the
competent authority under this Act, and references to the competent authority are to be
accordingly construed as references to the Minister.
(4) Any decision by the Minister under this section is final, and is not subject to
appeal under section 22 or to be challenged or questioned in any court; but any decision
by the competent authority to impose conditions other than as directed by the Minister is
subject to appeal under section 22 as if the conditions had been imposed by the
competent authority under section 14(4).
(5) Where the competent authority intends to develop or to carry out works within a
conservation area on any land belonging to the competent authority, the competent
authority may be directed by the Minister to provide to the Minister particulars relating
to the development or works and the Minister may give such further directions as the
Minister considers fit in relation thereto.
(6) Despite section 12, the Minister may authorise, by notification in the Gazette,
either generally or in relation to any specified area —
(a) any development of land;
(b) any works within a conservation area; or
(c) any subdivision of land,
subject to such conditions as may be specified in the notification.
[30/2003; 7/2017]
Appeals to Minister
22.—(1) Where an application for written permission under section 13 is —
(a) refused by the competent authority;
(b) granted by the competent authority subject to conditions; or
(c) granted provisional permission under section 17 by the competent authority
subject to conditions,
the applicant who is aggrieved by that decision may appeal to the Minister against that
decision.
(2) Where the competent authority cancels a planning permission or conservation
permission under section 15(9), any person aggrieved by that decision may appeal to the
Minister against that decision.
[7/2017]
(3) An appeal must be made in the form and manner prescribed and within 60 days of
the date of the notification of the decision.
(4) An appeal does not affect the enforceability of any condition imposed or prevent
the taking of any action in respect of any unauthorised development of any land or any
unauthorised works within a conservation area unless otherwise directed by the Minister
in any particular case.
[7/2017]
(5) Where an appeal is brought under this section against a decision of the competent
authority, the Minister may dismiss or allow the appeal unconditionally or subject to
such conditions as the Minister considers fit.
(6) The decision of the Minister on an appeal must be communicated to the
competent authority and the applicant.
(7) Where the competent authority grants written permission in accordance with the
decision of the Minister on appeal, the competent authority may, whether the Minister
dismisses or allows the appeal unconditionally or subject to conditions, impose such
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additional conditions as the competent authority thinks fit which must not be inconsistent
with the decision of the Minister on appeal.
[7/2017]
(8) Any decision by the competent authority to impose additional conditions under
subsection (7) may be appealed against under subsection (1) as if the conditions were
imposed under section 14(4).
(9) The decision of the Minister is final and is not to be challenged or questioned in
any court.
Singapore Statutes Online Current version as at 30 Oct 2024 PDF created date on: 30 Oct 2024
(a) a green belt; or
(b) a conservation area,
does not constitute an allocation for development for a public purpose.
PART 3A
QUALIFIED PERSONS
(b) notify the competent authority of any contravention of this Act or non-
compliance with any condition or requirement mentioned in paragraph
(a)(ii) or (iii) that the qualified person knows or ought reasonably to know
about;
(c) submit to the competent authority a declaration that the qualified person
has prepared the plans and that the plans are prepared in accordance with
paragraph (a); and
(d) supply a copy of every plan of the development or works approved by the
competent authority to the qualified person appointed under section 19A to
supervise the development or works.
[7/2017]
(2) If any qualified person who is appointed under section 13 becomes unwilling or
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unable, whether by reason of the termination of the qualified person’s appointment or for
any other reason, to carry out the qualified person’s duties under this Act, the qualified
person must, within 14 days after ceasing to carry out his or her duties, notify the
competent authority of that fact.
[7/2017]
(4) In any prosecution for an offence under subsection (3) for failing to comply with
the requirement to notify a contravention or non-compliance mentioned in subsection
(1)(b), it is a defence for the qualified person charged to prove to the satisfaction of the
court that the qualified person did not know and could not reasonably have discovered
the contravention or non-compliance.
[7/2017]
(5) A qualified person who fails to comply with subsection (2) shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding $10,000.
[7/2017]
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(ii) the conditions and requirements imposed by the competent
authority in the planning permission or conservation permission,
as the case may be; and
(3) In any prosecution for an offence under subsection (2)(b) for failing to notify or
stop the contravention or non-compliance mentioned in subsection (1)(b) or (c), it is a
defence for the qualified person charged to prove to the satisfaction of the court that the
qualified person did not know and could not reasonably have discovered the
contravention or non-compliance.
[7/2017]
(4) A qualified person appointed under section 19A must, within such period as the
competent authority may specify in the planning permission or conservation permission
or within such extended time as the competent authority may give in writing, submit the
qualified person’s declaration to the competent authority that, to the best of the qualified
person’s knowledge and belief, the development or works are carried out in accordance
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with —
(a) the provisions of this Act;
(b) the conditions and requirements imposed by the competent authority in the
planning permission or conservation permission, as the case may be; and
(c) the relevant plans approved by the competent authority in the grant of
planning permission for the development or conservation permission for
the works, as the case may be.
[7/2017]
(5) Where any qualified person appointed under section 19A becomes unwilling to
act or unable, whether by reason of the termination of the qualified person’s appointment
or for any other reason, to carry out the qualified person’s duties under this Act, the
qualified person must, within 14 days after ceasing to carry out the qualified person’s
duties —
(a) notify the competent authority of that fact; and
(b) submit the qualified person’s declaration to the competent authority that, to
the best of the qualified person’s knowledge and belief, the development or
works carried out during the period of the qualified person’s appointment
are in accordance with —
(i) the provisions of this Act;
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or to both.
[7/2017]
False declarations
24C.—(1) A qualified person who makes any declaration required under this Act that
is false or misleading in any material particular knowing that, or with reckless disregard
as to whether, the declaration is false or misleading in any material particular shall be
guilty of an offence and shall be liable on conviction —
(a) to a fine not exceeding $30,000 or to imprisonment for a term not
exceeding 6 months or to both; or
(b) if the qualified person is a repeat offender, to a fine not exceeding $60,000
or to imprisonment for a term not exceeding 12 months or to both.
[7/2017]
(2) A qualified person who negligently makes any declaration required under this Act
that is false or misleading in any material particular shall be guilty of an offence and
shall be liable on conviction —
(a) to a fine not exceeding $15,000 or to imprisonment for a term not
exceeding 3 months or to both; or
(b) if the qualified person is a repeat offender, to a fine not exceeding $30,000
or to imprisonment for a term not exceeding 6 months or to both.
[7/2017]
(3) In this section, a qualified person is a repeat offender if the qualified person who
is convicted, or found guilty, of an offence under subsection (1) or (2) has (whether
before, on or after 15 May 2017) been convicted or found guilty on at least one other
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earlier occasion of —
(a) an offence under subsection (1) or (2);
(b) an offence under section 14A(5) as in force immediately before 15 May
2017; or
(c) an offence under section 15(3A) as in force immediately before 15 May
2017.
[7/2017]
PART 4
ENFORCEMENT
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(d) to give any information the person holds as to any planning permission or
conservation permission for any use or operations or any reason for
planning permission or conservation permission not being required for any
use or operations;
(e) to state the nature of the person’s interest (if any) in the land and the name
and address of any other person known to the person to have an interest in
the land.
(4) An information notice must be complied with by giving the required information
in writing to the competent authority.
(5) The service of an information notice does not affect any other power exercisable
in respect of any breach of planning control.
(6) In this section, any reference to operations or activities on land includes a
reference to operations or activities in, under or over the land, and includes works in a
conservation area.
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26A.—(1) Where it appears to the competent authority that there may have been a
breach of planning control in respect of any land, the competent authority may do all or
any of the following:
(a) examine orally any person who appears to be acquainted with matters
related to the offence;
(b) require by notice in writing the attendance before the competent authority
of any person within Singapore who, from information given or otherwise,
appears to be acquainted with matters related to the offence;
(c) require any person to provide any information or produce any book or
document, or any copy thereof, in the possession of that person and,
without payment, inspect, keep, copy or take extracts from that book,
document or copy.
[7/2017]
(2) A person is not excused from making an oral statement under subsection (1)(a) on
the ground that the statement might tend to incriminate the person but, where the person
claims before making the statement that the statement might tend to incriminate the
person, that statement is not admissible in evidence against that person in criminal
proceedings other than proceedings for an offence under subsection (4)(c) or (d).
[7/2017]
(3) A statement made by any person examined under this section must —
(a) be in writing;
(b) be read over to the person;
(c) if the person does not understand English, be interpreted in a language that
the person understands; and
(d) after correction (if necessary) be signed by the person.
[7/2017]
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required under this section that is misleading,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding
$5,000 or to imprisonment for a term not exceeding 6 months or to both.
[7/2017]
(2) If entry to any land for the purposes of subsection (1)(a) cannot be obtained, the
competent authority may —
(a) where the competent authority has reasonable cause to believe that
evidence of a contravention of this Act can be found on the land;
(b) after declaring his or her office and producing his or her identification card
where a demand is made for him or her to do so;
(c) with such force as is necessary to obtain entry; and
(d) with such assistants and workmen as are necessary,
break open any outer or inner door or window on the land, forcibly enter the land and
every part of the land, or remove by force any obstruction to such entry.
[7/2017]
(3) The competent authority may take photographs, or audio or video recordings of
the land and any property or material found thereon and such other steps as the
competent authority may consider necessary without involving any search or seizure of
any premises, thing or person.
[7/2017]
(4) The occupier of any premises must, if required by the competent authority —
(a) give his or her name and address;
(b) provide proof of his or her identity; and
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(c) give the name and address of the owner of the premises, if known.
(5) Any person who wilfully obstructs the competent authority in the performance of
any matter or thing which the competent authority is authorised to do by this section or
fails to comply with the requirement under subsection (4) shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a
term not exceeding 6 months or to both.
(6) A police officer may arrest without warrant any person who has committed or
whom the police officer reasonably suspects to have committed an offence under
subsection (5) if —
(a) the person declines to give his or her name and address; or
(b) there is reason to doubt the accuracy of the name and address, if given.
(7) A person arrested under this section may be detained until his or her name and
address are correctly ascertained except that no person so arrested may be detained
longer than is permitted by written law and is necessary for bringing the person before a
court unless the order of a court for the person’s detention is obtained.
Enforcement notices
28.—(1) The competent authority may issue an enforcement notice where it appears
to the competent authority that there has been a breach of planning control.
(2) An enforcement notice must specify the steps the competent authority requires to
be taken, or the activities on or the use of the land the competent authority requires to
cease, in order to remedy (wholly or partly) the breach of planning control or to remedy
any injury to any amenities caused by the breach.
(3) An enforcement notice may, in particular, require —
(a) the alteration, demolition or removal of any building or works;
(b) the carrying out of any building or other operations;
(c) the cessation, either wholly or to the extent specified in the notice, of any
activity on or use of the land; or
(d) the removal from the land of all property and materials used in connection
with the breach of planning control.
(4) Where the enforcement notice relates to unauthorised works in a conservation
area, the notice may also include —
(a) a requirement to restore any building on the land to its former state;
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(b) if the competent authority considers that such restoration is not reasonably
practicable or undesirable, a requirement to execute such works as the
competent authority may specify in the notice to alleviate the effect of the
unauthorised works; or
(c) a requirement to bring any building to the state in which it would have
been if the terms and conditions of any conservation permission granted in
respect of the building had been complied with.
(5) An enforcement notice must specify —
(a) the date on which it is to take effect, which must not be less than 14 days
from the date of service of the notice; and
(b) the period (which runs from the date the enforcement notice takes effect)
within which any step required by the notice must be taken or any activity
on or the use of the land required by the notice to cease must cease.
(6) A copy of an enforcement notice may be served on any one or more of the
following:
(a) any owner of the land to which it relates;
(b) any occupier of that land;
(c) any other person who appears to the competent authority to have been
responsible for or participated in the breach of planning control.
(7) An enforcement notice continues to have effect until and to the extent that the
notice is —
(a) superseded by a grant of planning permission or conservation permission
under section 14;
(b) superseded by a notification under section 21(6); or
(c) withdrawn by the competent authority.
(8) Compliance with the requirements of an enforcement notice, whether in respect
of —
(a) the completion, demolition, removal or alteration of any building or works;
or
(b) the discontinuance of any activity on or use of the land,
or in any other manner, does not discharge the notice.
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(9) Except by way of an appeal to the Minister under section 29, the validity of an
enforcement notice is not to be questioned in any court or proceedings whatsoever.
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Offences of non-compliance with enforcement notice
30.—(1) Where there has been a failure to comply with any requirement of an
enforcement notice in relation to any land, the person who is served with the
enforcement notice shall be guilty of an offence.
(2) Any person who —
(a) uses land in contravention of the enforcement notice after the requirements
in the notice have been complied with; or
(b) carries out any works by way of reinstating or restoring buildings or works
which have been demolished or altered in compliance with the
requirements in an enforcement notice,
shall, despite the earlier compliance with the notice, be guilty of an offence.
(3) A person guilty of an offence under this section shall be liable on conviction —
(a) to a fine not exceeding $200,000 or to imprisonment for a term not
exceeding 12 months or to both; and
(b) in the case of a continuing offence, to a further fine not exceeding $10,000
for every day or part of a day during which the offence continues after
conviction.
(2) The costs or expenses incurred, directly or indirectly, by the competent authority
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in exercise of the powers conferred by subsection (1) are recoverable as a civil debt from
any person served with the enforcement notice or order under section 12(8) (as the case
may be) less such sums which are recoverable under section 32.
(3) The certificate of the competent authority stating the amounts of costs and
expenses recoverable under subsection (2) is conclusive evidence of such amounts.
(4) The sums stated in the certificate of the competent authority under subsection (3)
are to be secured as a first charge against the land and, subject and without prejudice to
any other rights of the Government, prevail over all other estates and interests whenever
created despite the provisions of any other written law relating to the registration of any
interest or encumbrance over land.
Injunctions
33.—(1) Where the competent authority considers it necessary or expedient for any
actual or apprehended breach of this Act to be restrained by injunction, the competent
authority may apply to the General Division of the High Court for an injunction, whether
or not the competent authority has exercised or is proposing to exercise any of the
competent authority’s other powers under this Part.
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[40/2019]
(2) On an application under subsection (1), the General Division of the High Court
need not require from the competent authority any undertaking in damages.
[40/2019]
(3) On an application under subsection (1), the General Division of the High Court
may grant such an injunction as the General Division of the High Court thinks
appropriate for the purpose of restraining the breach.
[40/2019]
Civil penalties
34.—(1) The competent authority may require a person to pay a penalty for the grant
of any written permission for —
(a) any development of land;
(b) any works within a conservation area; or
(c) any subdivision of land,
in respect of which there appears to the competent authority that an offence has been
committed, whether or not proceedings have been instituted against any person for an
offence under section 12.
(2) Such a penalty must not exceed the lower of the following:
(a) 50 times the fee prescribed for an application for planning permission,
conservation permission or subdivision permission, as the case may be;
(b) $150,000.
(3) The certificate of the competent authority as to the penalty to be imposed under
this section is conclusive of the amount.
(4) No further proceedings are to be instituted or taken against any person for an
offence under section 12 once the penalty has been paid.
PART 5
PART 5A
PART 6
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RECOVERY OF MONEYS
Recovery of money
41.—(1) Any sum payable to the competent authority under this Act may be
recoverable by the competent authority by action as a civil debt.
(2) No proceedings for the recovery of any money payable under this Act are to be
quashed or set aside in any court for want of form or procedure.
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the relevant person whether by deduction from the rent or otherwise.
(4) Any tenant or subtenant (A) who has reimbursed, whether by allowing a deduction
from the rent or otherwise, any subtenant or occupier (B) holding or occupying under A
the amount so paid by B has a similar right to retain possession until similarly
reimbursed.
(5) The receipt of the competent authority or of any duly authorised officer for any
amount so paid by any such tenant, subtenant or occupier is deemed to be an acquittance
in full for the like amount of the rent.
(6) If any land belonging to a person from whom any sum is due, or any movable
property or crops that are mentioned in subsection (1)(a) or the proceeds of sale of that
movable property or crops, is or are already in the custody of the law under any
enforcement order whereby the competent authority is unable to exercise the powers
vested in the competent authority by this section, the competent authority may notify the
sheriff or the bailiff of the court concerned of the amount due, and the competent
authority is entitled, without obtaining judgment, to be paid that amount out of the
proceeds of sale of the land, movable property or crops in priority to the judgment debtor
and to the judgment creditor and to any other creditor, except the Government.
[Act 25 of 2021 wef 01/04/2022]
(7) A certificate from the competent authority is conclusive evidence of the amount of
any sum that may be due.
Attachment
43.—(1) The attachment mentioned in section 42(1)(a) may be made by a person
appointed for the purpose by the competent authority and that person must publicly
notify the attachment in the prescribed manner and must take an inventory of the
property attached.
(2) For the purpose of effecting the attachment, the person appointed under
subsection (1) may break into any house or building in the day time.
(3) The person appointed under subsection (1) is deemed to be a public servant within
the meaning of the Penal Code 1871.
Application of proceeds
44.—(1) The proceeds of a sale under section 42(1) must be applied first in
satisfaction of the sum due together with interest thereon at the rate of 9% per annum and
costs.
(2) In the event of there being any surplus remaining, the competent authority
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must —
(a) if satisfied as to the right of any person claiming the surplus, pay the
surplus to that person; or
(b) if not so satisfied, hold the surplus in trust for the person who ultimately
succeeds in due course of law in establishing the person’s title thereto.
(3) If no title is established to that surplus at the end of 5 years after the date of the
sale under section 42(1), the surplus must be paid into the Consolidated Fund.
Application to court
48.—(1) If any person whose movable property, crops or land has been attached or
offered for sale under section 42 or 43 disputes the attachment or sale, the person may
apply to the General Division of the High Court or, when the sum due does not exceed
$1,000, to a District Court for an order to stay the proceedings.
[40/2019]
(2) After hearing the competent authority and after making such further inquiry as is
necessary, the court is to make such order as it thinks fit.
Security to be given
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49. No application is to be entertained by the court under section 48 unless the
applicant has deposited in court the amount of the sum due and costs or has given
security for that sum to the satisfaction of the court.
PART 7
MISCELLANEOUS
50. [Repealed by Act 11 of 2021 wef 01/08/2022]
Authentication of documents
51.—(1) Any document which —
(a) purports to bear the signature or facsimile signature of the competent
authority or any officer or person authorised under section 5(2) or (4); or
(b) is or purports to be authenticated in such other manner as may be
prescribed,
is deemed, until the contrary is proved, to have been duly prepared, issued or served by
the competent authority.
[17/2005]
(2) In any proceedings under this Act, the contents of any such document are
presumed to be correct until the contrary is proved.
Service of documents
52.—(1) Without affecting subsection (2), any notice or other document required or
authorised to be served or given under this Act, and every summons issued by a court in
connection with any offence under this Act, may be served or given —
(a) by delivering it to the person on whom it is to be served or to whom it is to
be given;
(b) by leaving it at the usual or last known place of residence of that person or,
in a case where an address for service has been given by that person, at that
address;
(c) by sending it by registered post addressed to that person at that person’s
usual or last known place of residence or, in the case where an address for
service has been given by that person, at that address;
(d) in the case of an incorporated company or body, by delivering it to the
registered or principal office of the company or body, or by sending it by
registered post addressed to the company or body at that office; or
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(e) in the case of an unincorporated body, by delivering it to the registered
address of the unincorporated body or by sending it by registered post to
the unincorporated body at that address.
(2) Where the notice or document is required to be served on or given to a person
who is the occupier of any premises comprised in any land, the notice or document is
taken to be duly served on that person if it is addressed to that person and is affixed
conspicuously to some object on the land.
(3) Any notice, document or summons sent by registered post to a person, company
or body in accordance with subsection (1) is deemed to be duly served on or given to that
person, company or body at the time when it would, in the ordinary course of post, be
delivered and in proving service of the same it is sufficient to prove that the envelope
containing the notice, document or summons was properly addressed to that person,
company or body, stamped and posted by registered post.
Exemption
53. The Minister may, from time to time, by notification in the Gazette, exempt any
land or lands either generally or for a specified period from the operation of all or any of
the provisions of this Act.
Exclusion of liability
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54. Where the competent authority provides information of any provision or content
of the Master Plan or any entry in the records kept by the competent authority under
section 23 to any person in any manner or form whatsoever, the competent authority and
any officer authorised under section 5(2) shall not be liable for any loss or damage
suffered by that person or any other person by reasons of errors or omissions of whatever
nature or however caused if such information was provided in good faith and in the
ordinary course of the discharge of the duties of the competent authority or the officer
concerned as a delegate of the competent authority.
Composition of offences
57.—(1) The competent authority may compound any offence under this Act that is
prescribed as a compoundable offence by collecting from a person reasonably suspected
of having committed the offence a sum not exceeding the lower of the following:
(a) one half of the amount of the maximum fine that is prescribed for the
offence;
(b) $5,000.
[7/2017]
(2) On payment of the sum of money, no further proceedings are to be taken against
that person in respect of the offence.
[7/2017]
(3) All sums collected under this section are to be paid into the Consolidated Fund.
[7/2017]
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partnership or unincorporated association of persons, any person who, at the time of the
commission of the offence, was a director, manager, partner, secretary or other similar
officer thereof, or was purporting to act in any such capacity, shall also be guilty of that
offence unless the person proves that —
(a) the offence was committed without the person’s consent or connivance;
and
(b) the person exercised all such diligence to prevent the commission of the
offence as the person ought to have exercised having regard to the nature
of the person’s functions in that capacity and to all the circumstances.
Amendment of Schedules
60A.—(1) The Minister may at any time, by order in the Gazette, amend
the Schedules.
[30/2003]
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(2) The Minister may, in any order made under subsection (1), make such incidental,
consequential or supplementary provisions as may be necessary or expedient.
[30/2003]
(3) Any order made under subsection (1) must be presented to Parliament as soon as
possible after publication in the Gazette.
[30/2003]
Rules
61.—(1) The Minister may make rules generally to give effect to the provisions of
this Act and for prescribing anything that is to be prescribed.
(2) Without limiting subsection (1), the Minister may by such rules provide for —
(a) the development of land;
(b) the control of density of buildings on land;
(c) the regulation of the height, design, appearance and siting of buildings;
(d) the control of means of access to land or buildings;
(e) the protection of ancient monuments and land and buildings of historic or
architectural interest;
(f) the conservation of buildings, premises or land;
(g) the form and manner in which applications for planning permission,
conservation permission or subdivision permission must be made;
(h) the manner in which the competent authority must deal with applications
for planning permission, conservation permission and subdivision
permission;
(i) the types of applications for planning permission or conservation
permission that are not subject to the requirement under section 13(2) to
appoint a qualified person or for which a different type of qualified person
may be appointed;
(j) the types of development or works within a conservation area that are not
subject to the requirement under section 19A(1) to appoint a qualified
person or for which a different type of qualified person may be appointed;
(k) the fees or charges to be paid for any matter or thing done by the
competent authority or the Minister under this Act;
(l) the payment of a deposit by any person applying for planning permission,
conservation permission or subdivision permission and the circumstances
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under which such deposit may be forfeited by the competent authority;
(m) the manner in which appeals may be made and determined under this Act
and the information to be supplied by the competent authority in
connection therewith;
(n) the requirements to be complied with for an application for planning
permission, conservation permission or subdivision permission;
(o) the types of applications for planning permission, conservation permission
or subdivision permission which must be accompanied by such
declarations of an appropriate qualified person on such matters as the
competent authority may specify in relation to the application;
(p) the circumstances under which the competent authority may not accept a
qualified person’s declaration required under this Act;
(q) the circumstances under which an individual is deemed not to be a
qualified person for the purposes of section 13 or 19A;
(r) the duties, responsibilities and liabilities of a qualified person in relation to
the declaration mentioned in paragraph (o);
(s) the circumstances under which a qualified person’s declaration may not be
lodged with or submitted to the competent authority as being in satisfaction
of any requirement or condition specified in any notification made under
section 21(6); and
(t) the duties, responsibilities and liabilities of a qualified person in relation to
the declaration made by the qualified person and lodged with or submitted
to the competent authority in satisfaction of any requirement or condition
specified in any notification made under section 21(6).
[30/2003; 7/2017]
(3) Rules relating to the making of applications and appeals, to the notification of
decisions thereon and to the granting of written permissions may allow or require the
application, appeal, notification or other information to be made and transmitted by such
electronic means and in such manner as may be prescribed, and may provide for the
manner in which they are to be authenticated or certified.
(4) The Minister may, in making any rules under this Act, provide that any
contravention of any rule shall be an offence and may prescribe punishment by a fine not
exceeding $20,000 or imprisonment for a term not exceeding 6 months or both.
[30/2003]
(5) All rules made under this Act must be presented to Parliament as soon as possible
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after publication in the Gazette.
[30/2003]
PART 8
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Singapore Improvement Trust is to be construed as a reference to the planning functions
of the competent authority.
FIRST SCHEDULE
Section 2
QUALIFIED PERSONS
1. An architect
2. An engineer
3. A land surveyor
[30/2003; 7/2017]
SECOND SCHEDULE
Section 3(3)(j)
USES
Section 3(3)(j) applies to any building or buildings or part of a building which is or are approved or
authorised to be used for any of the following uses:
(a) boarding house;
(b) hotel;
(c) serviced apartments;
(d) student hostel;
(e) place of worship;
(f) workers’ dormitory;
(g) industrial retail building;
(h) warehouse retail building.
[30/2003; S 657/2004]
THIRD SCHEDULE
Section 4
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PART 1
Section 4(2)(a) applies to any development which is or is to be lawfully used for any of the following
uses:
(a) condominium;
(b) townhouse;
(c) cluster housing;
(d) strata bungalow;
(e) residential flat.
PART 2
Section 4(2)(b) applies to any development which is or is to be lawfully used for any of the following
uses:
(a) flatted factories;
(b) flatted warehouse;
(c) office;
(d) shopping;
(e) any combination of office, shopping and residential flat uses.
[30/2003]
FOURTH SCHEDULE
Section 3(3)(d)
LEGISLATIVE HISTORY
This Legislative History is a service provided by the Law Revision Commission on a best-efforts
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basis. It is not part of the Act.
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6. Act 17 of 2005—Statutes (Miscellaneous Amendments and Repeal) Act 2005
(Amendments made by section 8 of the above Act)
Bill : 7/2005
First Reading : 18 April 2005
Second and Third Readings : 16 May 2005
Commencement : 15 July 2005 (section 8)
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11. Act 40 of 2019—Supreme Court of Judicature (Amendment) Act 2019
(Amendments made by section 28(1) read with item 117 of the Schedule to the above
Act)
Bill : 32/2019
First Reading : 7 October 2019
Second Reading : 5 November 2019
Notice of Amendments : 5 November 2019
Third Reading : 5 November 2019
Commencement : 2 January 2021 (section 28(1) read
with item 117 of the Schedule)
13. Act 25 of 2021—Courts (Civil and Criminal Justice) Reform Act 2021
(Amendments made by section 178 of the above Act)
Bill : 18/2021
First Reading : 26 July 2021
Second and Third Readings : 14 September 2021
Commencement : 1 April 2022
15. Act 23 of 2023—Building and Related Works (Miscellaneous Amendments) Act 2023
(Amendments made by the above Act)
Bill : 19/2023
First Reading : 9 May 2023
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Second and Third Readings : 4 July 2023
Commencement : 18 December 2023
Abbreviations
COMPARATIVE TABLE
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13—(2) 13—(1A)
(3) (1B)
(4) (1C)
(5) (2)
— 14A—(5) [Deleted by Act 7 of 2017]
15—(2) 15—(1A)
(3) (2)
(4) (3)
(5) (3A)
(6) (3B)
(7) (3C)
(8) (3D)
(9) (4)
(10) (5)
22—(2) 22—(1A)
(3) (2)
(4) (2A)
(5) (3)
(6) (4)
(7) (5)
(8) (6)
(9) (7)
27—(2) 27—(1A)
(3) (2)
(4) (3)
(5) (4)
(6) (5)
(7) (6)
37—(3) 37—(2A)
(4) (3)
(5) (4)
40 40—(1)
— (2) [Deleted by Act 30 of 2003]
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61—(4) 61—(3A)
(5) (4)
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