Planning (Housing and Development Board Home-Office Scheme) (Exemption) Notification 2003

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Published in Subsidiary Legislation Supplement
on 10 Jun 2003

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No. S 286

Planning Act

(Chapter 232)

Planning (Housing and Development Board Home-office Scheme) (Exemption) Notification 2003

In exercise of the powers conferred by section 53 of the Planning Act, the Minister for National Development hereby makes the following Notification:

Citation and commencement

1. This Notification may be cited as the Planning (Housing and Development Board Home-Office Scheme) (Exemption) Notification 2003 and shall come into operation on 10th June 2003.

Definitions

2. In this Notification, unless the context otherwise requires —

“HDB” means the Housing and Development Board established under the Housing and Development Act (Cap. 129);

“HDB flat” means any flat, house or other living accommodation sold or leased by the HDB under the Housing and Development Act and includes an HUDC dwelling;

“home-office” means any premises —

(a)	which are used by its occupants primarily for residential purposes with part or parts of the premises being used by the occupants as an office; and
(b)	in which not more than 2 persons who are not resident in those premises are engaged in the operation of the office;

“HUDC dwelling” has the same meaning as in section 35 of the Housing and Development Act (Cap. 129);

“office” means a place in which business and administrative work are carried out.

Application

3. This Notification shall not apply to any HDB flat where the HDB flat is in any housing estate —

(a)	which is a designated land under section 126A of the Land Titles (Strata) Act (Cap. 158); and
(b)	in respect of which the strata title plan has been registered before 10th June 2003.

Exemption

4.—(1) The change in use of any HDB flat from residential use to use as a home-office shall be exempted from the requirement to obtain the written permission of the competent authority under section 12(1) of the Act subject to the conditions that —

(a)	the HDB has given its prior written approval to the change in use; and
(b)	the use of the HDB flat as a home-office complies with the planning guidelines applicable to home-offices issued by the competent authority.

(2) Where an HDB flat to which an exemption under sub-paragraph (1) applies is within a housing estate which is or becomes a designated land under section 126A of the Land Titles (Strata) Act, and the strata title plan in respect of the housing estate is registered under that Act after 10th June 2003, the exemption shall lapse in respect of that HDB flat —

(a)	upon the registration of the strata title plan in respect of the housing estate; or
(b)	upon the expiry of the validity period of the written approval of the HDB referred to in sub-paragraph (1),

whichever is the later.

(3) For the avoidance of doubt, where the exemption under sub-paragraph (1) lapses in respect of any HDB flat by virtue of sub-paragraph (2), section 12(1) of the Act shall immediately apply in respect of that flat so that planning permission must be obtained from the competent authority for the use of the HDB flat as a home-office.

Made this 10th day of June 2003.

PETER CHAN JER HING

Permanent Secretary,
Ministry of National Development,
Singapore.

[ND 265/5-176 V6; AG/LEG/SL/232/2002/1 Vol. 2]

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