SINGAPORE Law and Practice Contributed by: Dorothy Marie Ng, Monica Yip, Tay Peng Cheng and Tan Shao Tong, WongPartnership LLP
4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning The URA administers the Planning Act 1998 and its subsidiary legislation. The Planning Act 1998 regulates the development of land in Singapore according to a master plan, which is a statutory land use plan renewed every five years. Devel - opment and building works in Singapore require the planning permission of the URA, except for minor development and building works that are exempt from the requirement for planning per - mission. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction All building works require building plan approv - als, except works (such as insignificant building works) that are exempt under the Building Con - trol Act 1989 (BC Act). The approval process for building works is an ongoing process involving engagement with the Building and Construction Authority via a qualified person (QP) – either an architect registered under the Architects Act 1991 or a professional engineer registered under the Professional Engineers Act 1991. The requirements imposed will depend on the building works concerned and the building/area in which such works are to be carried out. The works should also fulfil the prime objective of safety, amenity and matters of public policy in general, as guided by the BC Act, its regulations and various codes. The BC Act also requires the licensing of builders, particularly those perform - ing specialist works. Approvals will also have to be obtained from other government authorities for compliance
with requirements such as height restrictions; access to and from public roads; discharge of waste, sewage or surface water; and fire safety. 4.3 Regulatory Authorities The URA regulates the use of developments, through the Planning Act 1998 and subsidiary legislation. There are allocated permissible uses for each property type. The Building and Con - struction Authority is the principal agency that regulates developments in Singapore, through approvals of building plans. The development of a parcel of real estate will have to comply with various pieces of legisla - tion and regulations on different aspects, such as development planning and control, building and structural safety, fire safety, environmental control, utilities (water, electricity and gas sup - ply), and workplace health and safety. 4.4 Obtaining Entitlements to Develop a New Project The development application typically com - mences with the owner/developer appointing a QP. After the QP submits a development appli - cation to the URA for planning permission, the common types of planning permission that may be granted are provisional permission and writ - ten permission. Permissions may be uncondi - tional or subject to such conditions as the URA deems fit, with reasons being given in writing. Conditions may include granting permission for a specified period and/or restrictions on the height, design, appearance or siting of buildings. In addition, all building works require building plan approval, including the refurbishment of an existing building, except for those exempted under the BC Act.
874 CHAMBERS.COM
Powered by FlippingBook