Planning (Development of Land — Lodgment Authorisation) Notification

Planning Act

(CHAPTER 232, Section 21(6))

N 3

G.N. No. S 381/2002

REVISED EDITION 2004

(29th February 2004)

[1st August 2002]

Citation

1. This Notification may be cited as the Planning (Development of Land — Lodgment Authorisation) Notification.

Definitions

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

“floor area” has the same meaning as in the Planning (Development Charges) Rules (R 5);

“landed dwelling-house” means a dwelling-house of any of the following housing types but does not include a landed dwelling-house governed by the provisions of the Land Titles (Strata) Act (Cap. 158):

(a)	detached house;
(b)	linked house;
(c)	semi-detached house; or
(d)	terrace house;

“Landed Housing Areas Plan” means the development control plan depicting the areas used for landed housing issued by the competent authority as part of the Written Statement to the Master Plan and published on the Internet website of the Urban Redevelopment Authority (established under section 3 of the Urban Redevelopment Authority Act (Cap. 340)) at http://www.ura.gov.sg;

[S 273/2015 wef 11/05/2015]

“plot” means all of the one or more lots of land on which a single landed dwelling-house already exists, or existed but has been demolished, at the time the plans required by the competent authority are lodged under paragraph 4(1)(l);

“public road” means any road over which the public has a right of way;

“qualified person” means a person who is registered as an architect under the Architects Act (Cap. 12) or who is registered as a professional engineer under the Professional Engineers Act (Cap. 253);

[S 65/2015 wef 11/02/2015]

“relevant date”, in relation to an authorisation under paragraph 3, means the date of lodgment of the plans and documents specified in paragraph 4(1)(l), relating to the authorisation, with the competent authority;

[S 65/2015 wef 11/02/2015]

[S 273/2015 wef 11/05/2015]

“storey height control” means the maximum number of storeys allowed for a landed dwelling‑house on a plot as specified in the Landed Housing Areas Plan.

[S 273/2015 wef 11/05/2015]

Authorisation of operations involving development of land

3. Subject to paragraphs 4, 5 and 5A and any other written law, the following operations involving the development of land within the plot of a landed dwelling-house are hereby authorised:

(a)	the addition, enlargement, alteration or improvement of the existing landed dwelling-house within the plot;
(b)	the demolition of the existing landed dwelling-house and the erection of a landed dwelling-house of the same housing type within the plot; or
(c)	where a landed dwelling-house existed on the plot but has been demolished, the erection of a landed dwelling-house of the same housing type within the plot. [S 65/2015 wef 11/02/2015]

Conditions of authorisation

4.—(1) The authorisation under paragraph 3 shall apply only if —

(a)

the plot is zoned “Residential” in the Master Plan;

(b)

the plot is located within a landed housing area in the Landed Housing Areas Plan;

[S 273/2015 wef 11/05/2015]

(c)

no part of the plot consists of State land;

(d)

the plot abuts a public road;

(e)

the operations will result in a landed dwelling-house of the same housing type as the existing or demolished landed dwelling-house, as the case may be;

(f)

earthfill works on the plot, if any, will not cause the level of any point in the plot to be more than one metre above the lower of the following:

(i)	the level of that point in the plot before the operations; or
(ii)	the level of any point at the abutting edge of abutting land; [S 273/2015 wef 11/05/2015]

(fa)

the basement, if any, of the landed dwelling‑house will not, at any point in the plot at which the basement protrudes —

(i)	where the level of that point in the plot after the operations is higher or the same as the level of that point in the plot before the operations, protrude more than one metre above the level of that point in the plot before the operations; or
(ii)	where the level of that point in the plot after the operations is lower than the level of that point in the plot before the operations, protrude more than one metre above the level of that point in the plot after the operations; [S 273/2015 wef 11/05/2015]

(fb)

the operations will result in a landed dwelling‑house that does not have more storeys than the storey height control for the plot;

[S 273/2015 wef 11/05/2015]

(g)

the operations comply with all the relevant planning guidelines, including guidelines on building setback, site coverage, housing type and building height issued by the competent authority;

(h)

the operations will result in a landed dwelling-house which stands on every lot within the plot;

(i)

not more than one landed dwelling-house will exist on the plot when the operations are completed;

(j)

no part of the existing landed dwelling-house comprises works that are unauthorised under the Act;

(k)

a declaration is made by the qualified person for the operations in such form as the competent authority may require that —

(i)	sub-paragraphs (a) to (d) and (j) have been complied with;
(ii)	the plans lodged with the competent authority under sub-paragraph (l) have been prepared in compliance with the relevant planning guidelines referred to in sub-paragraph (g); [S 195/2007 wef 07/05/2007]
(iii)	the qualified person will ensure that the operations shall be carried out in compliance with sub-paragraph (n); and [S 195/2007 wef 07/05/2007]
(iv)	the operations are not excluded from the authorisation under paragraph 3 by reason of paragraph 5(1) or (2); [S 195/2007 wef 07/05/2007]

(l)

prior to the submission of any application to the Commissioner of Building Control for approval of the building plans for the operations under the Building Control Act (Cap. 29), the following are lodged with the competent authority at the same time together with the fee specified in sub-paragraph (2):

(i)	the plans for the operations as required by the competent authority;
(ii)	the declaration required under sub-paragraph (k); and
(iii)	the consent in writing of the owner of the plot to the lodgment of the plans, in such form as required by the competent authority;

(m)

all approvals for the operations required from relevant authorities, other than the Commissioner of Building Control referred to in sub-paragraph (l), have been obtained prior to the lodgment of the plans under sub-paragraph (l);

[S 65/2015 wef 11/02/2015]

(n)

the operations are carried out in compliance with —

(i)	sub-paragraphs (e), (f), (fa), (fb), (h) and (i); [S 273/2015 wef 11/05/2015]
(ii)	where the fee paid under sub-paragraph (l) is $749, inclusive of goods and services tax chargeable under the Goods and Services Tax Act (Cap. 117A), the conditions in sub-paragraph (2)(a)(i) and (ii); [S 65/2015 wef 11/02/2015] [S 510/2016 wef 17/10/2016]
(iii)	the plans that are lodged with the competent authority under sub-paragraph (l) for such operations; and
(iv)	the requirements of all relevant authorities; and [S 65/2015 wef 11/02/2015]

(o)

the authorisation has not lapsed under paragraph 5A(1).

[S 65/2015 wef 11/02/2015]

(2) The fee referred to in sub-paragraph (1)(l) shall be —

(a)

$749, inclusive of goods and services tax chargeable under the Goods and Services Tax Act, if the operations comply with the following conditions:

(i)	the proposed additional floor area of the landed dwelling-house as a result of the operations does not exceed 50% of the existing and approved floor area; and
(ii)	less than 50% of the external walls of the existing landed dwelling-house (excluding the replacement of walls), as represented by their linear length indicated on the plans lodged with the competent authority under sub-paragraph (1)(l), are to be removed; or [S 492/2005 wef 01/08/2005] [S 68/2007 wef 22/02/2007] [S 65/2015 wef 11/02/2015] [S 510/2016 wef 17/10/2016]

(b)

in any other case, $1,070, inclusive of goods and services tax chargeable under the Goods and Services Tax Act.

[S 492/2005 wef 01/08/2005]

[S 65/2015 wef 11/02/2015]

[S 510/2016 wef 17/10/2016]

(3) For the purposes of sub‑paragraph (1)(fb), a mezzanine floor within a landed dwelling‑house is a storey of the landed dwelling‑house.

[S 273/2015 wef 11/05/2015]

Authorisation not to apply in certain cases

5.—(1) The authorisation under paragraph 3 shall not apply to any operation referred to therein which is or is to be carried out within a conservation area or a good class bungalow area.

[S 195/2007 wef 07/05/2007]

(2) The authorisation under paragraph 3 shall also not apply to any operation referred to in paragraph 3(a) if the plans for the operation are lodged with the competent authority under paragraph 4(1)(l) within 3 years (referred to in this paragraph as “the 3-year period”) from the date of the grant of the temporary occupation permit or, where no temporary occupation permit was granted, the date of the grant of the certificate of statutory completion for the existing landed dwelling-house when it was erected unless —

(a)	the operation, together with any previous operation or development of land authorised within the 3-year period (whether under this Notification or by a planning permission) does not result in the total floor area of the existing landed dwelling-house increasing in aggregate by more than 20 square metres over and above the total floor area as authorised for the existing landed dwelling-house when it was erected;
(b)	in the case where the erection of the existing landed dwelling-house within the plot was authorised by a planning permission, such planning permission was only for the existing landed dwelling-house and not any other landed dwelling-house or building; or
(c)	in the case where the erection of the existing landed dwelling-house within the plot was authorised by a planning permission and such planning permission was also for the erection of one or more other landed dwelling-houses, each within a plot of land, one or more landed dwelling-houses had existed wholly within each plot at the time of the application, or at any time prior to the application, for such planning permission. [S 195/2007 wef 07/05/2007]

Expiry and extension of authorisation

5A.—(1) The authorisation obtained under paragraph 3 on or after 11 February 2015 shall lapse if the operations involving the development of land authorised under that paragraph are not completed or effected within —

(a)	2 years after the relevant date; or
(b)	such extended period as permitted under this paragraph.

(2) Subject to sub‑paragraph (4), the validity period of an authorisation under paragraph 3 shall be extended for a further period of 2 years if the following are lodged in such form and manner as the competent authority may require at the same time together with a payment of a fee of $214, inclusive of goods and services tax chargeable under the Goods and Services Tax Act (Cap. 117A), to the competent authority:

(a)	a submission for an extension of the validity period of the authorisation (referred to in this paragraph as the extension submission);
(b)	the consent in writing of the owner of the plot to the extension of the validity period of the authorisation;
(c)	a declaration of the matters referred to in paragraph 4(1)(k)(i), (ii), (iii) and (iv).

(3) The declaration referred to in sub‑paragraph (2)(c) shall be signed by the current qualified person at the time of lodgment of the extension submission.

(4) There shall be no more than 2 extensions in respect of each authorisation under paragraph 3.

[S 65/2015 wef 11/02/2015]

Authorisation to cease to apply

6. Upon any lodgment in accordance with paragraph 4(1)(l) in respect of any operation referred to in paragraph 3, any authorisation previously obtained under paragraph 3 of this Notification or paragraph 2(1)(k) of the cancelled Planning (Development of Land Authorisation) Notification (N 1, 2000 Ed.)¹ in respect of any operation on the same plot as the first-mentioned operation which has not been completed shall cease to apply.

¹The Planning (Development of Land Authorisation) Notification (N 1, 2000 Ed.) was cancelled by the Planning (Development of Land Authorisation) Notification 2002 (S 380/2002) with effect from 1st August 2002.

[G.N. No. S 381/2002]

Search within Legislation