Planning Act 1998
2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021. Prepared and Published by THE LAW REVISION COMMISSION UNDER THE AUTHORITY OF THE REVISED EDITION OF THE LAWS ACT 1983
An Act to provide for the planning and improvement of Singapore and for purposes connected therewith. [Act 11 of 2021 wef 01/08/2022] [1 April 1998]
ARRANGEMENT OF SECTIONS PART 1 PRELIMINARY Section 1. Short title 2. Interpretation 3. Meaning of “development” 4. Meaning of “subdivide” 5. Competent authority PART 2 MASTER PLAN AND CONSERVATION AREAS AND GUIDELINES 6. Master Plan 7. Certified Interpretation Plans 8. Amendments to Master Plan 9. Conservation areas 10. Rules relating to amendments to Master Plan 11. Conservation guidelines PART 3 DEVELOPMENT AND SUBDIVISION OF LAND 12. Unauthorised subdivision, development and other works 12A. Presumption of permitting unauthorised development or works 12B. Application for preliminary advice 13. Application for permission 14. Applications determined with reference to Master Plan, etc. 14A. Applications determined in reliance of declaration of qualified person 15. Conditions for planning permission or conservation permission 16. Subdivision permission: supplementary provisions 17. Provisional permission 17A. Application for provisional permission Section 18. Outline permission 19. Rectification of errors and omissions 19A. Developer must appoint qualified person to supervise development or works 20. Expiry of permissions 20A. Power to require as-built plans 21. Applications referred to Minister 21A. Full payment of land betterment charge may be condition precedent to written permission, etc. 22. Appeals to Minister 22A. Designation of persons to hear appeals 23. Registers and records 24. Obligation to purchase land in certain cases PART 3A QUALIFIED PERSONS 24A. Duties of qualified person appointed under section 13 24B. Duties of qualified persons appointed to supervise development or works 24C. False declarations PART 4 ENFORCEMENT 25. Power to require information about activities on land 26. Penalties for non-compliance with information notice 26A. Power to examine and secure attendance, etc. 27. Authority to enter upon land 28. Enforcement notices 29. Appeal to Minister against enforcement notice 30. Offences of non-compliance with enforcement notice 31. Execution and costs of works required by enforcement notice, etc. 32. Removal and sale of property and materials 33. Injunctions 34. Civil penalties PART 5 [REPEALED] PART 5A [REPEALED] PART 6 RECOVERY OF MONEYS Section 41. Recovery of money 42. Proceedings for recovery of money due 43. Attachment 44. Application of proceeds 45. Title conferred upon purchaser at a sale under section 42 46. Costs of proceedings for recovery of sum due 47. Power to stop sale 48. Application to court 49. Security to be given PART 7 MISCELLANEOUS 50. [Repealed] 51. Authentication of documents 52. Service of documents 52A. Use of electronic service for making applications, etc. 53. Exemption 54. Exclusion of liability 55. Protection from liability 56. Power of Magistrate’s Court and District Court 57. Composition of offences 58. Offences by officers, etc., of bodies corporate 59. Correction of errors in register 60. Charges, fees and penalties to be paid into Consolidated Fund 60A. Amendment of Schedules 61. Rules PART 8 TRANSITIONAL AND SAVING PROVISIONS 62. Transitional and saving provisions Section First Schedule — Qualified persons Second Schedule — Uses Third Schedule Fourth Schedule — Use of dwelling house constituting development
This Act is the Planning Act 1998.
“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; “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; “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] “purchase notice” means a notice served under section 24; “qualified person” means a person specified in the First Schedule; “repealed Act” means the repealed Planning Act (Cap. 232, 1990 Revised Edition); “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]
(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]
(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; (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]
(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]
(a) the fact that the term of a lease may be extended pursuant to an option isto be taken into consideration in determining whether the term of the lease exceeds any of the periods specified in subsection (2); and (b) the fact that a lease for a specified period of time is determinable on the happening of an event within that time is not to be taken into consideration in determining the term of the lease. [30/2003]
(a) any public officer; (b) any officer in the employment of a statutory authority which has been approved by the Minister for the purpose.
(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]
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.
(a) rezoning; (b) change of plot ratios; (c) change of the written statement in any respect; (d) designation of conservation areas; (e) any other purpose therein stated.
(a) an area; (b) a single building; or (c) a group of buildings.
(a) the competent authority to publish in prescribed circumstances a notice of the submission of any proposal to amend the Master Plan, and of the place or places where copies of the Master Plan and of the proposal may be inspected; (b) objections and representations made in accordance with the rules to be considered, and public inquiries or other hearings in such cases as may be prescribed to be held before the Master Plan is amended by the Minister; and (c) copies of the Master Plan or parts thereof to be made available for free inspection by and for sale at a reasonable cost to the public.
(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]
(a) to a fine not exceeding $500,000 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. [7/2017]
(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. [7/2017]
(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]
(a) carries out any development of the land in contravention of section 12(1); or (b) carries out any works within a conservation area on the land in contravention of section 12(2), the owner of the land is taken to have permitted the carrying out of the development, or permitted the carrying out of those works, as the case may be, in contravention of the same provision. [7/2017]
(a) took all reasonable precautions to prevent the contravention by the tenant or contractor; or (b) could not, by the exercise of due diligence, have prevented the contravention by the tenant or contractor. [7/2017]
“contractor”, in relation to an owner of any land, means any person whom the owner employs, engages or hires directly to carry out any type of building works on the land; “tenancy agreement” means an agreement, whether or not in writing and whether express or implied, under which a person lets, or licences for occupation, any land or building as a residence or place of business; “tenant”, in relation to an owner of any land, means a person to whom the land is let, or licensed for occupation, by the owner of the land, under a tenancy agreement between the owner and that person. [7/2017]
(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 subdivision or any other development, works or subdivision. [7/2017]
(a) planning permission for any development of any land must, before the person makes the application, appoint an architect or engineer to carry out the duties specified in section 24A; or (b) conservation permission for any works within a conservation area must, before the person makes the application, appoint an architect to carry out the duties specified in section 24A. [7/2017]
(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]
(a) the land to which the application relates (called in this subsection the relevant land) is or will be required for any public purpose or for the provision of any utility services or infrastructural, social or transportation facility; (b) the relevant land, or its locality, is the subject of a planning, transportation, conservation or preservation study being carried out by the competent authority or any other public authority; (c) the provisions of the Master Plan insofar as it relates to the relevant land, or its locality, is being reviewed by the competent authority; (d) a proposal to amend the provisions of the Master Plan insofar as it relates to the relevant land, or its locality, has been submitted to the Minister for approval under section 8; (e) the competent authority is of the view that the development proposed in the application is incongruent with the developments on land adjoining the relevant land or other land in the locality; (f) the planning permission or conservation permission to be granted for the development proposed in the application is for a specified period not exceeding 10 years. [30/2003]
(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.
(a) the information contained in any specified document, form and plan submitted for the application is true and correct in all material particulars; and (b) every such document, form and plan submitted for the application has been completed or prepared in accordance with the provisions of this Act and all requirements that the competent authority may specify in respect of the application, the competent authority may, without checking the information, documents, forms or plans, determine the application on the basis of the declaration of the qualified person. [30/2003; 7/2017]
(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]
(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. [30/2003; 7/2017]
(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]
(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]
(a) is required by subsection (4) to comply with a condition imposed on a planning permission or conservation permission; (b) carries out or permits the carrying out of any development of land, any 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]
(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]
(a) to a fine not exceeding $500,000 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. [7/2017]
(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. [7/2017]
“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]
(a) grant the provisional permission, either unconditionally or subject to any conditions the competent authority considers fit; or (b) refuse to grant the provisional permission.
(a) section 13 applies with the necessary modifications to an application for provisional permission as it applies to an application for written permission, except that a different form and manner may be prescribed for the making of an application for provisional permission; (b) sections 14, 14A, 21 and 22 apply with the necessary modifications to an application for provisional permission as they apply to an application for written permission; (c) sections 14(5), 14A, 19, 21 and 22 apply with the necessary modifications 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]
(a) notification in the Gazette; or (b) amending or adding to the written permission to correct any matter erroneously entered or omitted.
(a) any development of any land must, before the development starts, appoint an architect or engineer to carry out the duties under section 24B; or (b) any works within a conservation area must, before the works start, appoint an architect to carry out the duties under section 24B. [7/2017]
(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]
(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]
(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] (b) [Deleted by Act 23 of 2023 wef 18/12/2023] (c) if an appeal is made under section 22, the date the appeal is determined or withdrawn.
(a) as-built plans of the development or works prepared by a land surveyor in accordance with the requirements specified by the competent authority; (b) a declaration by the land surveyor who prepared the as‑built plans that the as‑built plans have been prepared by the land surveyor in accordance with the requirements mentioned in paragraph (a); and (c) such other documents as the Minister may prescribe. [7/2017]
(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]
(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]
(a) the competent authority or Minister to refuse to grant written permission under section 14 for a development or subdivision of any land; or (b) the competent authority to refuse to accept a lodgment of any plans for a development or subdivision of any land authorised by notification in the Gazette made under section 21(6), if any land betterment charge that is payable under the Land Betterment Charge Act 2021 with respect to the development or subdivision is not paid in full and where no deferment determination relating to the land betterment charge is in force. [Act 11 of 2021 wef 01/08/2022]
(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.
(a) any Minister of State or Senior Minister of State, or Parliamentary Secretary or Senior Parliamentary Secretary, for his or her Ministry; or (b) any public officer in his or her Ministry not subordinate to the competent authority whose decision is appealed against, and any reference in that section to the Minister includes a reference to the Minister of State or Senior Minister of State, Parliamentary Secretary or Senior Parliamentary Secretary or public officer so designated for that appeal. [7/2017] [Act 11 of 2021 wef 01/08/2022]
(a) all written permissions granted or refused by the competent authority and by the Minister under this Part; and (b) all decisions made by the Minister on appeal under section 22.
(a) is refused permission under section 14 to develop that land; or (b) has completed the development of any contiguous land belonging to the owner in accordance with any permission granted by the competent authority under section 14.
(a) the specific public purpose for which the land is allocated; (b) any written permission granted to the owner of the land to develop it despite the allocation of the land for a public purpose.
(a) is capable of reasonably beneficial use in its existing state; or (b) will not be required for development for a public purpose within 5 years from the date of service of the purchase notice.
(a) obtaining possession of the land or part thereof for the State, the competent authority or any public authority; and (b) determining compensation to be paid to any person or persons interested therein.
(a) a green belt; or (b) a conservation area, does not constitute an allocation for development for a public purpose.
(a) prepare the plans of the development or works within a conservation area required, by rules made under section 61, to be submitted with the application for planning permission or conservation permission and take all reasonable steps and exercise due diligence to ensure that the plans are prepared in accordance with — (i) the provisions of this Act; (ii) where applicable, any conditions and requirements imposed by the competent authority in any outline permission or provisional permission for the development or works, or existing written permission, granted in respect of the land; and (iii) all relevant guidelines of the competent authority; (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]
(a) who fails to comply with the requirement mentioned in subsection (1)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and (b) who fails to comply with the requirement mentioned in subsection (1)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both, and to an additional fine not exceeding $1,000 for each day or part of a day the qualified person fails to comply with the requirement and, if the failure to comply continues after conviction, the qualified person 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]
(a) take all reasonable steps and exercise due diligence in supervising and inspecting the development or works (as the case may be) to ensure that the development or works are carried out in accordance with — (i) the provisions of this Act; (ii) the conditions and requirements imposed by the competent authority in the planning permission or conservation permission, as the case may be; and (iii) 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; (b) notify the competent authority of any contravention of or non‑compliance with any provision, condition, requirement or plans mentioned in paragraph (a)(i), (ii) or (iii); (c) take all reasonable steps to immediately stop or cease the contravention or non‑compliance mentioned in paragraph (b); and (d) submit to the competent authority such reports and declarations as the competent authority may require (other than a declaration required under this section). [7/2017]
(a) who fails to comply with the requirement mentioned in subsection (1)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; or (b) who fails to comply with the requirement mentioned in subsection (1)(b), (c) or (d) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. [7/2017]
(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]
(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; (ii) the conditions and requirements imposed by the competent authority in the planning permission or conservation permission, as the case may be; and (iii) 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]
(a) who fails to comply with the requirement mentioned in subsection (4) or (5)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or (b) who fails to comply with the requirement mentioned in subsection (5)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. [7/2017]
(a) the qualified person convicted of an offence under subsection (2) or (6) (as the case may be) for that failure shall be liable to an additional fine not exceeding $1,000 for each day or part of a day the qualified person fails to comply with the requirement mentioned in subsection (1), (4) or (5), as the case may be; and (b) if the failure to comply continues after the conviction, the qualified person 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]
(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]
(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]
(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]
(a) is an owner or occupier of the land or has any other interest in the land; or (b) is carrying out operations on the land or is using the land for any purpose.
(a) any operations being carried out on the land, any use of the land and any other activities being carried out on the land; and (b) any matter relating to the conditions subject to which any planning permission or conservation permission in respect of the land has been granted.
(a) to state whether or not the land is being used for any purpose specified in the notice or any operations or activities specified in the notice are being or have been carried out on the land; (b) to state when any use, operations or activities began; (c) to give the name and address of any person known to the person to use or have used the land for any purpose, or to be carrying out or have carried out any operations or activities on the land; (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.
(a) makes any statement purporting to comply with a requirement of an information notice which the person knows to be false or misleading in a material particular; or (b) recklessly makes such a statement which is false or misleading in a material particular, the person shall be guilty of an offence.
(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]
(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]
(a) neglects or refuses to provide any information or produce any book or document, or any copy thereof, required under this section; (b) neglects or refuses to attend before the competent authority as required under this section; (c) provides any information or produces any book or document, or any copy thereof, required under this section that is false in a material particular and that the person knows to be false or does not believe to be true; or (d) by the intentional suppression of any material fact, provides information 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]
(a) ascertaining whether there is, or has been, a contravention of this Act; (b) ascertaining whether any of the functions conferred by this Act on the competent authority or the Minister should or may be exercised; or (c) taking any action or carrying out any work authorised or required by or under this Act. [17/2005]
(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]
(a) give his or her name and address; (b) provide proof of his or her identity; and (c) give the name and address of the owner of the premises, if known.
(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.
(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.
(a) a requirement to restore any building on the land to its former state; (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.
(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.
(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.
(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.
(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.
(a) correct any defect, error or misdescription in the enforcement notice or vary its requirements; (b) extend,subject to such conditions as the Minister considers fit, the period specified in the enforcement notice within which any requirement therein is to be complied; (c) dismiss the appeal; (d) allow the appeal unconditionally; or (e) allow the appeal in whole or in part, and subject to such conditions as the Minister considers fit, and the Minister may give such directions as the Minister thinks necessary to give effect to his or her decision on the appeal.
(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.
(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.
(a) any requirement of an enforcement notice or an order under section 12(8) is not complied with within the period allowed by the notice or order, as the case may be; (b) any land is used in contravention of an enforcement notice after the requirements in the notice have been complied with; or (c) any works have been carried out by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with the requirements of an enforcement notice, the competent authority may, with such assistants and workmen as are necessary, at any time enter the land and take any steps which are in the competent authority’s opinion necessary to secure compliance with the notice or order (as the case may be), including removing, detaining and disposing of any property or materials on the land. [17/2005]
(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.
(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.
(a) the competent authority may issue a warrant of attachment and may seize by virtue thereof any movable property and crops of any person liable to pay any sum due, and may, after service of the prescribed notice, sell the same by public auction or in such manner as may be prescribed; (b) the competent authority may, by notice of sale to be served or published in the prescribed manner, declare the competent authority’s intention of selling, at the expiry of 3 months from the date of the notice of sale, any land belonging to the person from whom any sum is due and, if at the expiry of that period, that sum has not been paid or satisfied, the competent authority may sell, by public auction or otherwise, the whole of that land or such portion thereof or such interest therein as the competent authority considers sufficient for the recovery of that sum and costs.
(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.
All costs and expenses incurred in the recovery of any sum due under this Act may be recovered asif they formed part of the sum due.
If any person, having any interest in any land liable to be sold at any time before the sale, tenders to the competent authority the sum due with interest and costs, the competent authority must then desist from all further proceedings in respect thereof.
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.
[Repealed by Act 11 of 2021 wef 01/08/2022]
(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]
(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 (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.
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.
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.
No matter or thing done or omitted to be done by the competent authority or by any officer or person authorised under section 5(2) or (4) subjects the competent authority or the officer or person personally to any action, liability, claim or demand whatsoever if it were done or omitted to be done bona fide for the purpose of carrying out the provisions of this Act. [17/2005]
Despite the provisions of the Criminal Procedure Code 2010, a Magistrate’s Court or a District Court has powers to impose the maximum penalties provided for an offence under this Act.
(a) one half of the amount of the maximum fine that is prescribed for the offence; (b) $5,000. [7/2017]
(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.
(a) correct any erroneous entry in any record, register, plan or document required to be kept or maintained under this Act; or (b) add to the record, register, plan or document any matter which has been erroneously omitted.
(a) [Deleted by Act 11 of 2021 wef 01/08/2022] (b) subject to any agreement made between the Minister and any statutory authority mentioned in section 5(3) and to any direction of the Minister, all fines, fees, charges and other moneys collected under this Act.
(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 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]
Section 2
Section 3(3)(j)
(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]
Section 4
(a) condominium; (b) townhouse; (c) cluster housing; (d) strata bungalow; (e) residential flat.
(a) flatted factories; (b) flatted warehouse; (c) office; (d) shopping; (e) any combination of office, shopping and residential flat uses. [30/2003]
Section 3(3)(d)
This Legislative History is a service provided by the Law Revision Commission on a best-efforts basis. It is not part of the Act.
Bill : 18/1997 First Reading : 19 November 1997 Second Reading : 14 January 1998 Notice of Amendments : 14 January 1998 Third Reading : 14 January 1998 Commencement : 1 April 1998
Operation : 15 December 1998
Bill : 27/2003 First Reading : 16 October 2003 Second and Third Readings : 11 November 2003 Commencement : 24 December 1998 (section 6) 10 December 2003 (except sections 6 and 12) 1 January 2008 (section 12)
(Amendments made by section 38(1) read with item (12) of the Fourth Schedule to the above Act) Bill : 17/2001 First Reading : 5 March 2001 Second and Third Readings : 19 April 2001 Commencement : 1 June 2001 (section 38(1) read with item (12) of the Fourth Schedule)
Commencement : 28 October 2004
(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)
(Amendments made by section 36(2) read with item (3) of the Schedule to the above Act) Bill : 9/2009 First Reading : 23 March 2009 Second and Third Readings : 13 April 2009 Commencement : 1 July 2009 (section 36(2) read with item (3) of the Schedule)
Bill : 3/2017 First Reading : 9 January 2017 Second and Third Readings : 6 February 2017 Commencement : 15 May 2017
Commencement : 30 June 2017
(Amendments made by section 63 of the above Act) Bill : 5/2019 First Reading : 15 January 2019 Second and Third Readings : 12 February 2019 Commencement : 1 September 2019 (section 63)
(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)
Operation : 31 December 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
(Amendments made by the above Act) Date of First Reading : 5 April 2021 (Bill No. 7/2021 published on 5 April 2021) Second and Third Readings : 10 May 2021 Date of Commencement : 1 August 2022
(Amendments made by the above Act) Bill : 19/2023 First Reading : 9 May 2023 Second and Third Readings : 4 July 2023 Commencement : 18 December 2023
(updated on 29 August 2022) G.N. Gazette Notification G.N. Sp. Gazette Notification (Special Supplement) L.A. Legislative Assembly L.N. Legal Notification (Federal/Malaysian) M. Malaya/Malaysia (including Federated Malay States, Malayan Union, Federation of Malaya and Federation of Malaysia) Parl. Parliament S Subsidiary Legislation S.I. Statutory Instrument (United Kingdom) S (N.S.) Subsidiary Legislation (New Series) S.S.G.G. Straits Settlements Government Gazette S.S.G.G. (E) Straits Settlements Government Gazette (Extraordinary)
This Act has undergone renumbering in the 2020 Revised Edition. This Comparative Table is provided to help readers locate the corresponding provisions in the last Revised Edition.
