Planning (Changes in Use — Lodgment Authorisation) Notification

Planning Act

(Chapter 232, Section 21(6))

N 5

G.N. No. S 382/2002

REVISED EDITION 2004

(29th February 2004)

[1st August 2002]

Citation

1. This Notification may be cited as the Planning (Changes in Use — Lodgment Authorisation) Notification.

Definitions

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

[Deleted by S 404/2020 wef 01/06/2020]

“approved”, in relation to any land use, means approved under any written permission (other than written permission granted for a specified period not exceeding 10 years);

[S 404/2020 wef 01/06/2020]

“bar” or “pub” has the meaning given by the Planning (Use Classes) Rules (R 2);

[S 404/2020 wef 01/06/2020]

“conserved building” has the meaning given by the Planning (Fees) Rules 2014 (G.N. No. S 537/2014);

[S 404/2020 wef 01/06/2020]

“designated building” means any building where any part of the building is specified to be used only for activity generating uses in the urban design guidelines and plans published by the competent authority pursuant to the provisions of the written statement of the Master Plan;

[S 404/2020 wef 01/06/2020]

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

“historic conservation area” has the meaning given by the Planning (Fees) Rules 2014;

[S 404/2020 wef 01/06/2020]

[Deleted by S 83/2011 wef 23/02/2011]

“JTC” means the Jurong Town Corporation established under the Jurong Town Corporation Act (Cap. 150);

“laundromat” means a building where washing machines and drying machines are provided for use on a self-service basis;

[S 404/2020 wef 01/06/2020]

“massage establishment” has the meaning given by the Planning (Use Classes) Rules;

[S 404/2020 wef 01/06/2020]

“monument” has the meaning given by the Planning (Fees) Rules 2014;

[S 404/2020 wef 01/06/2020]

“non-designated building” means any building that is not a designated building;

[S 404/2020 wef 01/06/2020]

“pedestrian link” means any underground or second or upper storey pedestrian mall or link that is part of a building and connects that building to another building or to a public facility or street;

[S 404/2020 wef 01/06/2020]

“People’s Association” means the People’s Association established under the People’s Association Act (Cap. 227);

“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)(k), relating to the authorisation, with the competent authority;

[S 66/2015 wef 11/02/2015]

“shophouse” means a 1, 2, 3, 4, 5 or 6-storey terraced building that abuts a five-footway and is approved for commercial use or commercial and residential use;

[S 404/2020 wef 01/06/2020]

“showroom” has the meaning given by the Planning (Use Classes) Rules;

[S 404/2020 wef 01/06/2020]

“Use Class” means any Use Class as described in the Schedule to the Planning (Use Classes) Rules (R 2).

Authorisation of change in use

3. Subject to paragraphs 4, 4A, 5 and 5A and any other written law, any change in use of any part of a building specified in the first column of the First Schedule (referred to in this Notification as the relevant premises) to any purpose in any Use Class or to any use specified in the second column thereof, in relation to that building, is hereby authorised.

[S 83/2011 wef 23/02/2011]

[S 66/2015 wef 11/02/2015]

[S 83/2011 wef 23/02/2011]

[S 66/2015 wef 11/02/2015]

[S 404/2020 wef 01/06/2020]

Conditions of authorisation

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

(a)

the change in use of the relevant premises does not result in an increase in the floor area of the building;

(aa)

the change in use is not in relation to the whole of the building;

[S 404/2020 wef 01/06/2020]

(b)

where the relevant premises are specified in the first column of items 1 to 6 in the First Schedule, the floor area of the relevant premises is approved or authorised under the Act to be used for —

(i)	a commercial use or purpose; or
(ii)	any purpose in any Use Class or any use specified in the second column of items 1 to 6 in the First Schedule in relation to the relevant premises; [S 83/2011 wef 23/02/2011]

[S 404/2020 wef 01/06/2020]

(c)

where the relevant premises are specified in the first column of item 7 in the First Schedule, the floor area of the relevant premises is approved or authorised under the Act to be used for —

(i)	any purpose in Use Classes XII and XIII; or
(ii)	any purpose in any Use Class or any use specified in the second column of item 7 in the First Schedule;

[S 404/2020 wef 01/06/2020]

(d)

no part of the relevant premises comprises works that are unauthorised under the Act;

(e)

the relevant premises are not located within the car park of the building (including the ancillary areas of the car park), an approved covered or open walkway, a walkway within a pedestrian link, a public plaza or any other areas approved or authorised under the Act for public use;

(f)

any approval required from any other relevant authority for the change in use of the relevant premises has been obtained prior to making the change in use of the relevant premises;

(g)

in the case of any building set out in the first column of item 6 of the First Schedule that is sold or leased by JTC, the prior written approval of the JTC has been obtained for the change in use of the relevant premises prior to the lodgment of the plans and other documents under sub-paragraph (k);

[S 404/2020 wef 01/06/2020]

(h)

the change in use and use of the relevant premises do not create any nuisance, annoyance or inconvenience to the amenities of the building and of the surrounding locality;

[S 66/2015 wef 11/02/2015]

(i)

[Deleted by S 404/2020 wef 01/06/2020]

(ia)

in the case of any building set out in the first column of item 7 of the First Schedule —

(i)	where the person making the lodgment is not the People’s Association, the prior written approval of the People’s Association has been obtained for the change in use of the relevant premises prior to the lodgment of the plans and other documents under sub-paragraph (k); and
(ii)	the total floor area of the part or parts of the building used for any of the purposes in any Use Class or any use specified in the second column of item 7 in the First Schedule does not exceed 20% of the total floor area of the building at the time of the lodgment of the plans and other documents under sub-paragraph (k); [S 404/2020 wef 01/06/2020]

[S 404/2020 wef 01/06/2020]

(ib)

in the case of any building set out in the first column of item 1 or 2 of the First Schedule where any part of the building is authorised or approved for residential use, the relevant premises are within a part of the building (such as a podium) that is —

(i)	not authorised or approved for residential use; and
(ii)	segregated from any other part of the building that is authorised or approved for residential use;

[S 404/2020 wef 01/06/2020]

(j)

in the case of any building set out in the first column of item 1, 2, 3, 4, 5 or 6 of the First Schedule, the floor area of the relevant premises, if currently authorised or approved under the Act for Use Class XII or XIII, was previously authorised or approved under the Act for commercial use;

[S 404/2020 wef 01/06/2020]

(k)

prior to making the change in use of the relevant premises, the following are lodged with the competent authority at the same time together with a fee of $160.50, inclusive of goods and services tax chargeable under the Goods and Services Tax Act (Cap. 117A):

(i)

the plans showing the location of the building, the location of the relevant premises within the building or the layout of the relevant premises as the competent authority may require in such manner and scale as the competent authority may require;

(ii)

the duly completed and signed lodgment form required by the competent authority;

(iii)

a declaration to be signed by the person making the lodgment that the following have been complied with:

(A)	sub-paragraphs (a), (aa), (d) and (e); [S 404/2020 wef 01/06/2020]
(B)	sub-paragraph (b) or (c), as the case may be;
(C)	where applicable, sub-paragraph (g), (ia), (ib) or (j), as the case may be; [S 83/2011 wef 23/02/2011] [S 404/2020 wef 01/06/2020]

(iv)

a declaration and undertaking to be signed by the person making the lodgment that sub-paragraphs (f) and (h) will be complied with;

[S 66/2015 wef 11/02/2015]

(v)

[Deleted by S 83/2011 wef 23/02/2011]

(vi)

where the person making the lodgment is not the owner, a declaration to be signed by the person making the lodgment that the written consent of the owner of the relevant premises for the change in use has been obtained.

[S 66/2015 wef 11/02/2015]

[S 509/2016 wef 17/10/2016]

(2) [Deleted by S 83/2011 wef 23/02/2011]

Expiry of authorisation

4A. The authorisation obtained under paragraph 3 on or after 11 February 2015 shall lapse if the relevant premises is not used for any purpose in any Use Class or any use specified in the second column of the First Schedule within 2 years after the relevant date.

[S 66/2015 wef 11/02/2015]

Authorisation to cease to apply

5.—(1) The authorisation under paragraph 3 shall immediately cease to apply if any condition in paragraph 4(1) ceases to be complied with.

[S 83/2011 wef 23/02/2011]

(1A) Where the authorisation under paragraph 3 in respect of any relevant premises ceases to apply under sub-paragraph (1), then with effect from the date of cessation of that authorisation —

(a)	the change in use authorised by that authorisation shall be invalid; and
(b)	paragraph 3 shall cease to apply to the relevant premises. [S 66/2015 wef 11/02/2015]

(2) Upon any lodgment made in accordance with paragraph 4(1)(k) in respect of any change in use of any relevant premises referred to in paragraph 3, any authorisation previously obtained under paragraph 3 of this Notification or paragraph 2(1)(m) of the cancelled Planning (Development of Land Authorisation) Notification (N 1) in respect of any change in use for the same relevant premises which has not been carried out shall cease to apply.

Authorisation not to apply

5A. This Notification does not apply to any change in use —

(a)

that is authorised under —

(i)	the Planning (Use Classes) Rules;
(ii)	the Planning (Development of Land Authorisation) Notification (N 1); or
(iii)	the Planning (Housing and Development Board Commercial Premises and Living Quarters Authorisation) Notification 2011 (G.N. No. S 81/2011);

(b)

of any part of a building that is a monument;

(c)

of any part of a shophouse or a conserved building within a historic conservation area; or

(d)

of any part of a building in respect of which the competent authority has imposed any condition on the grant of any written permission under the Act or the repealed Act (whether before, on or after 1 June 2020) expressly restricting the use or extent of use of the land or any building on the land.

[S 404/2020 wef 01/06/2020]

Saving

6. Where any authorisation under paragraph 3 in force immediately before 10th July 2003 was in effect immediately before that date in respect of any premises specified in the first column of the deleted Third Schedule ¹for the use specified in the second column of that Schedule, such authorisation shall continue to apply in accordance with the provisions of this Notification in force immediately before that date as if the Planning (Changes in Use –– Lodgment Authorisation) (Amendment) Notification (S 288/2003) has not been made.

¹ The Third Schedule was deleted by S 288/2003 w.e.f 10.7.2003.

[G.N. Nos. S 382/2002; S 288/2003; S 329/2003; S 416/2003; S 437/2003]

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