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Competency Unit 2.13: Planning and Development of Land
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Learning Outcomes 01
1. Introduction to land planning 02
1.1 Understanding Concept Plan 04
1.2 Understanding Master Plan 05
2. Terms used in land planning 06
3. Descript the planning concept and development control 08
3.1 Landed Housing 09
3.2 Condominium 11
3.3 Non-residential property 11
4. The need to apply for permission for change of use, building works or redevelopment. 14
5. Keep abreast of regulations and news releases from the following statutory authorities involved in development of land 16
5.1 Housing Development Board 16
5.2 Urban Redevelopment Authority 17
5.3 Singapore Land Authority (SLA) 18
5.4 JTC Corporation 19
Ver. 17.3
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1. Land use planning in Singapore
In the early nationhood of Singapore, the city we lived in and enjoyed today was vastly different. Singapore’s remarkable transformation from an overcrowded country suffering from a lack of housing to an environmentally sustainable international business hub is a result of proactive and farsighted planning by URA.
The Urban Redevelopment Authority (URA) takes a long term and integrated approach in land use planning to optimise the use of Singapore’s’ limited land in meeting the current and future needs.
Working closely together with relevant government agencies to develop broad planning strategies to guide long term planning, identify sufficient land for different needs and establish the broad pace of development. Infrastructure is then planned and developed to support the proposed land uses, and resources channeled to develop these areas over time.
Planning ahead for the needs of Singapore future generations while taking into account social, economic, and environmental considerations in a holistic manner.
Figure 1: Balancing economic, social and environmental considerations in planning for sustainable growth
By balancing economic, social and environmental considerations, URA aim to create a sustainable Singapore that
offers future growth opportunities and jobs for our people
provides a good quality living environment with adequate housing and a range of amenities and facilities to meet different needs
safeguards our clean and green environment for future generations
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Summary of URA’s planning process
Concept Plan
The Concept Plan is the strategic land use and transportation plan that guides Singapore’s development over the next 40-50 years
Master Plan
The Master Plan translates the broad and long-term strategies of the Concept Plan into detailed plans for implementation over 10-15 years.
Implementation
Through the Government Land Sales (GLS), state land is released for development.
The Development Control group evaluates and grants approval for development projects, to ensure they are in line with the planning strategies and guidelines.
Combining efforts from URD, the Planning Department, HDB, the former Public Works Department, and United Nations, Singapore’s first Concept Plan was created in 1971 that guided the development of Singapore’s long-term land use and transportation use. The significance of the Concept Plan 1971 in shaping Singapore is evident today in our urban landscape.
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1.1 Concept Plan 2011 and MND’s Land Use Plan
The Concept Plan is Singapore’s strategic land use and transportation plan to guide development in the next 40 to 50 years. The Concept Plan is reviewed every 10 years. This long-term plan ensures there is sufficient land to meet anticipated population and economic growth, and to provide a good living environment.
The Concept Plan is prepared in collaboration with many government agencies. It takes an integrated approach, taking into account all major land use needs, considering all trade-offs and balancing future needs. This also ensures that future development balances economic growth with environmental stewardship and social progress.
The latest Concept Plan was last reviewed in year 2011; it announced that more than 10,000 new high-rise homes will spring up near MRT stations in the mature towns of Bishan, Queenstown and Commonwealth in the next 10 to 15 years. This will include both public and private housing towers of more than 30 storeys, so as to intensify land use to meet the rising demand for homes. It will have concentration of higher density housing near transport hubs to give more people direct access to public transport.
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The Land Use Plan is a conceptual plan that outlines the strategies to provide the physical capacity to sustain a high-quality living environment for a possible population range of 6.5 to 6.9 million by 2030. It also sets aside land to provide options beyond 2030, so that our future generations will have room for growth and opportunities.
The strategies to sustain a high-quality living environment include:
a) Providing good affordable homes with a full range of amenities
b) Integrating greenery into the living environment
c) Providing greater mobility with enhanced transport connectivity
d) Sustaining a vibrant economy with good jobs
e) Ensuring room for growth and a good living environment in future
The broad strategies and proposals set out in the Land Use Plan will be translated into detailed plans in the upcoming Master Plan review, which will guide our development over the next 10 to 15 years
1.2 Understanding the Master Plan
The Master Plan is the statutory land use plan which guides Singapore's development in the medium term over the next 10 to 15 years. It is reviewed every five years and translates the broad long-term strategies of the Concept Plan into detailed plans to guide development. The Master Plan shows the permissible land use and density for developments in Singapore.
Like the Concept Plan, the Master Plan is a collaborative effort between agencies to ensure that plans meet immediate economic and social needs while maintaining a good quality living environment.
The Master Plan is one of the most important tools used to shape Singapore’s physical development. Many proposals put forth in the Master Plan have been realized by the private and public sectors.
The Master Plan of Singapore is reviewed once every 5 years; the approved Master Plan is 2019.
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2. Terms used in planning and development of land
2.1 Zoning
The zoning in the Master Plan describe the use allowed on different sites according to their respective restrictions and guidelines. There are 31 different zonings altogether:
1. Residential 2. Residential with Commercial at 1st storey 3. Commercial and residential 4. Commercial 5. Hotel 6. White Site 7. Business Park 8. Business Park – White 9. Business 1 (B1) 10. Business 2 (B2) 11. Business 1 – White 12. Business 2 – White 13. Residential / Institution 14. Health and Medical Care 15. Educational Institution 16. Place of Worship 17. Civic and Community Institution 18. Open Space 19. Park 20. Beach Area 21. Sports and Recreational 22. Water Body 23. Road 24. Transport Facilities 25. Rapid Transit 26. Utility 27. Cemetery 28. Agriculture 29. Port / Airport 30. Reserve Site 31. Special Use
* Please refer to Annexes for more details
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2.2 Plot Ratio
Plot Ratio is very important in the developer’s acquisition for a piece of land. Basically the plot ration of a site is defined as the ratio of the gross floor area (GFA) of a building(s) to its site area.
Plot ratio = Gross Floor Area / Site Area
Literally speaking, the higher the plot ratio, the more gross floor area the developer is able to build up to, therefore maximizing his profit return.
Typically, the higher the plot ratio will give rise to greater building height, except for areas with special height controls are depicted on the plan.
Table 1: Standard GPR/Storey Height Typology for Residential Developments
Gross Plot Storey Height Control 1.4 5 1.6 12 2.1 24 2.8 36
>2.8 >36 All building heights are subject to technical height controls.
2.3 Gross Floor Area (GFA)
All covered floor areas of a building, except otherwise exempted, and uncovered areas for commercial uses are deemed the gross floor area of the building for purposes of plot ratio control and development charge. The gross floor area is the total area of the covered floor space measured between the centre line of party walls, including the thickness of external walls but excluding voids. Accessibility and usability are not criteria for exclusion from GFA. However, URA reserves the right to decide on GFA matters based on the specific design of a development proposal on a case-by-case basis
2.4 Net Lettable Area
Actual area of a building that may be leased or rented to tenants, the area upon which the lease or rental payments are computed. It usually excludes common areas such as elevator shafts, stairways, and space devoted to cooling, heating, or other equipment.
2.5 Street Block Plan
The Street Block Plan are continuously prepares by planners to guides the layout or form of development within identified development areas with special character or where the property subdivision or building layout is such that some guidelines are required to rationalize the development pattern.
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2.6 Strata Void
New guidelines on private enclosed spaces (PES) and private roof terraces, semi-outdoor spaces like the PES and private roof terraces in new condominium and flat developments approved on or after Jan 12 are now counted together with balconies as part of the gross floor area (GFA). Such spaces are known as strata void area. The total breakdowns of strata floor area include strata void area is detailed in the Subsidiary Strata Certificate of Title (SSCT)
2.7 Urban Design Conservation areas and Monuments Plan
Urban design guide plans provide additional development control guidelines for specific areas have been identified for special Urban Design guidelines. The Geylang Urban design guidelines are an example of an Urban design guide plan. These guidelines provide an integrated approach to urban design in accordance with the long-term planning intention and ensure integration of old and new developments where such development area are on restricted sites or are areas of architectural and/or historical significance. The use of conservation buildings is guided by the Master Plan land use and any additional buildings or additions and alteration works to Conservation buildings are subject to prevailing restoration guidelines.
3. Planning concept and development control
The Urban Development Authority (URA) is responsible for all planning and development control functions, including the conservation of land and buildings in Singapore.
The Planning and Development control determine the types of property and density of development can be built on a piece of land. Hence, it is important to understand the Planning and development control as it will affects the values of the properties built on it.
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3.1 Landed Housing
TYPE MINIMUM PLOT SIZE
(M²)
MINIMUM WIDTH (M)
MINIMUM DEPTH(M)
BUILDING COVERAGE
SETBACK CONTROL (M)
BOUNDARY CLEARANCE FOR ROOF EAVES (M)
Detached 400 >800 <800
10 No control 40% 40%
45% (only in 2-storey mixed
landed and semi-detached housing
areas)
Front : 7.5²
For 1st & 2nd
storey, Side/Rear : 2
For 3rd storey, Side/Rear : 3
Front Patio : 2.4³
Car porch : 2.4³
Side/ Rear : 1
Good Class Bungalow
1400 18.5 30
35% Front : 7.5² Side : 3 Rear : 3
Front patio : 5.1³ Car porch : 2.4³
Side/Rear : 1.6
Semi-Detached& Corner Terrace-I
200 8 No control No control Front : 7.5²
For 1st
& 2nd
storey, Side/Rear : 2
Front patio: 2.4³
Carporch: 2.4³
Side/Rear: 1
Back-to-Back Semi-detached
200 10 No control No control Front : 7.5²
For 1st
& 2nd
storey, Side/Rear : 2 For 3rd storey, Side/Rear : 3
Front patio: 2.4³
Carporch: 2.4³
Side/Rear: 1
Terrace-I Intermediate
150 6 No control No control Front : 7.5² Rear :
For 1st
& 2nd
storey : 2
3rd
Storey: 3
Front patio: 2.4²
Carporch: 2.4²
Rear: 1
Terrace-II Intermediate
80 6 No control No control Front : 2 (fixed) Rear : 2 For 3rd Storey Rear : 3
1m from all boundaries (including public road)
CORNER TERRACE-II
80 8 No control No control Front : 2 (fixed) Side : 2 Rear : 2 For 3rd Storey Side & Rear : 3
1m from all boundaries (including public road)
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NOTES:
1. While the general planning guidelines (eg building setback from boundaries, attic, site coverage, building heights, etc) are applicable for most development proposals, URA may vary the guidelines for development proposals to minimise any potential impact they may have on the nearby developments after considering the specific site context and conditions.
2. Applicable to sites fronting category 3 to 5 road. For sites fronting a category 2 road, the front setback would be according to the buffer requirements.
3. Applicable to sites fronting category 3 to 5 road.
4. Where the landed housing plot abuts a Good Class Bungalow Area, a 3m rear and side setback from the GCBA boundary will be applicable for any new erection, reconstruction or Addition and Alteration proposal on the landed housing plot.
OTHER PLANNING REQUIREMENTS FOR LANDED (WITH LAND TITLE) HOUSING
a) Areas under roof eaves and sun shading devices are not included in GFA and site coverage if these features are within 2.0m wide and comply with the requisite conditions. Where the features project beyond the 2.0m control, the exemption is measured inwards from the edge of the roof eaves. The excess area is treated as GFA and site coverage.
b) Sun shading fins and all structural projection beyond the external walls, where these walls just comply with or do not meet the minimum setback requirements, should not exceed 500mm in depth.
c) Retaining walls should be =< 1.0m in height. Retaining wall > 1.0m should be terraced at minimum 300mm apart
d) Boundary walls should be =< 1.8m in height. The total height of the boundary wall and the retaining wall should not be more than 2.8m.
e) Bay window
i) Setback: A bay window is a cantilevered window, and can be allowed within the 7.5m front setback distance* and 3rd storey rear and side setbacks (max 500mm protrusion into the setback distance) if it is raised at least 500mm above the floor slab.
ii) From 1 Jan 2009, bay windows in all development types will be counted as GFA, regardless of dimensions and materials.
* For a house with an existing deficient front setback, there shall be a minimum absolute 2.4m setback distance provided from the front boundary. The setback is measured from the boundary of the external wall/glass of the bay window.
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3.2 Condominium
3.2.1 Plot size
The land parcel to develop for condominium must meet the minimum site area requirement of 0.4 ha.
3.2.2 Height limits
The maximum storey heights allowed are stipulated in the Master Plan. However, the storey height limits for flat and condominium housing developments in many areas have been increased from that stipulated in the Master Plan to allow for more flexibility in design and to free up more space for communal use. This would allow developers and their architects more opportunities to introduce better landscaping and recreational facilities.
The revised storey heights for standard typologies shown in the Master Plan are as follows (subject to compliance with technical height controls):
Gross Plot Ratio
Storey Height Control
Master Plan Revised
1.4 4 5
1.6 10 12
2.1 20 24
2.8 30 36
>2.8 >30 >36
3.3 Non-residential property
Generally, a certain amount of floor space for ancillary uses can be allowed within the permissible predominant use in a development. For example, in an industrial development in a Business 1/Business 2 zone, 40% of the total GFA can be allowed for ancillary uses such as offices. The remaining 60%must be dedicated for industrial/warehouse/utilities/telecommunication purposes as the predominant use.
This percentage ratio is called the use quantum control. It is to ensure that there is a predominant use in a development, thus adhering to the planning intention of the development site.
There are well established use quantum that are commonly applicable. These may be classified under two categories:
(a) Land use zoning e.g. hotel, place of worship, Business 1/Business 2, etc.
(b) Building use type e.g. shophouse, clubhouse, workers’ dormitory, etc
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Table: Use Quantum Control under Different Land Use Zoning
Zoning Predominant Uses Ancillary secondary uses
Residential with Commercial at 1st storey only
Residential Commercial At 1st storey only
Commercial & Residential
Residential Commercial Max 40%
Business 1/ Business 2
- Manufacturing /assembly - Processing - Servicing/Repair/Workshop - Product design
/Development - Industrial Training - Type 1 e-business - Core Media activities - Warehouse - Utilities - Telecommunication
Min 60% (For B1 zone, uses cannot impose nuisance buffer greater than 50m on the surrounding site)
- Workers’ Dormitory and ancillary uses
- Type 2 e-business - Independent
supporting media services
Max 40%
Business 1 –White /Business 2 -White
All uses permissible under the B1/B2 zone and White zone as a mixed development
Types of ancillary uses are subjected to evaluation
Max 40% of total gross floor area for B1/B2 uses
Business Park /BP-White
White uses – 15% - High-tech manufacturing
(Test Laboratory) - Research and Development - Product
design/development - Computor Centre/data
processing - Software development (all
types) - Industrial training - Central distribution - Type 1 e-business - Core Media activities
Min 60% of remaining 85%
- Ancillary Office - Leisure facilities - Creche - In-house clinic - Maintenance office/
store - Security facilities - Showroom - Canteen - Storage - Type 2 e-business - Independent
supporting media services
Max 40% of remaining 85%
Hotel Hotel room Hotel related uses
Min 60% Shopping and other commercial uses
Max 40%
Place of Worship
Praying area Min 50% - Columbarium Max 20% - Ancillary non-
religious uses (Combined childcare centre/kindergarden not to exceed 500 sqm)
Max 10%
- Ancillary religious uses
Remaining GFA
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NOTES:
1. Commercial uses that cause or are likely to cause disamenity to the residents are not allowed.
2. Ancillary use not to exceed 40% of total GFA.
3. Secondary use.
4. For Business Park-White, the allowable quantum of white uses is dependent on locational criteria
5. Strategic utilities and telecommunication infrastructure cannot be integrated or sited on B1 and B2 zones. Such uses (eg. Water works, sewage disposal works and power station) should be located on sites zoned Utility.
6. For B1-W/B2-W zone, the site must achieve a minimum plot ratio for the B1/B2 uses before White uses can be allowed (eg. a site zoned as “4.2[B-2W”, the permissible B1/B2 uses must achieve a minimum plot ratio of 2.5 before White uses can be allowed up to the maximum prescribed for the whole development). For proposals under the Warehouse Retail Scheme, sites will be rezoned from B1 or B2 to B1-W/B2-W zone and the GPR will be based on the actual proposal.
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4. The need to apply for permission for change of use, building works or
redevelopment.
4.1 Change of use
The approved use of premises is indicated in the Grant of Written Permission issued by URA.
Planning permission for Change of Use is required when the proposed use changes:
from one Use Class to another Use Class e.g. furniture shop (Class I) to gym (Class IV).
from one Use Class to an unclassified Use Class, or vice versa e.g. office (Class II) to student hostel (unclassified).
from an unclassified Use Class to another unclassified Use Class e.g. hotel to pub.
There are total 18 Use Classes
Class 1 – Shop Class 2 – Office Class 3 – Restaurant Class 4 - Amusement Centre Class 5 – Motor Vehicle Showroom Class 6 – Theatre Class 7 – Light Industrial Building Class 8 – General Industrial Building Class 9 – Special Industrial Building Class 10 – Warehouse Class 11 – Convalescent Home Class 12 – Child Care Centre Class 13 – Community Building Class 14 – Sports and Recreation Building Class 15 – Nightclub Class 16 – Pet Shop Class 17 – Community Sports and Fitness Building Class 18 – Commercial School
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4.2 Building works or redevelopment
The Urban Redevelopment Authority (URA) provides development application via Cornet eSS (Construction and Real Estate NETwork e-submission System). This is an online service that allows the developer works to be lodged based on a self-declaration system where works which are properly and correctly declared by a Qualified Person (QP) to be in full compliance with the development control and lodgment guideline are deemed to be authorized.
This make it easier and faster for owners/developers to carry out the development works since there is no need to go through the process of obtaining planning permission for following types of development application.
a) Additions & Alterations to a Landed House
b) New Erection/Reconstruction for a Landed Dwelling House on a Development Lot
c) New Erection/Reconstruction/Additions and Alterations of Industrial/ Warehouse/ Worker’s Dormitory Development on HDB and JTC Land.
d) Change of Use
e) Landed and/or Strata Subdivision
Exemption list
Minor development or building works that do not require approval or permission from URA can be found in the Planning Permission Exemption list below.
Gazetted as national monuments or conservation building.
Located within conservation areas, envelop control areas, central area, urban design areas, street block plan areas or other planning study areas where specific guidelines must be adhered to.
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5. Relevant Statutory Authorities involved in development of land
5.1 The Housing and Development Board (HDB)
HDB was set up on 1 February 1960, during a housing crisis. At that time, many were living in unhygienic slums and crowded squatter settlements. Only 9 percent of Singaporeans lived in government flats.
Taking over from its predecessor, the Singapore Improvement Trust (SIT), HDB was tasked with solving the nation's housing crisis. HDB built 21,000 flats in less than three years. By 1965, it had built 54,000 flats and within 10 years of its formation, had the housing problem licked. Today, about 82 percent of Singaporeans live in HDB flats.
Being the sole agency in charge of public housing enabled the HDB more effective resource planning and allocation. This empowerment made it possible for HDB to secure land, raw materials and manpower for large-scale construction to optimize results and achieve economies of scale.
A total approach to housing was adopted by the HDB - from planning and design to land assembly and construction. The housing task was viewed as a seamless whole - through allocation, management and maintenance.
Most importantly, with strong government support in the form of political and financial commitment, and legislation helped put the early public housing programme on the right track to housing the nation.
According to the Housing and Development Act, Chapter 129, the main function and duty of the HDB are:
(a) to prepare and execute proposals, plans and projects for —
(i) the erection, conversion, improvement and extension of any building for sale, lease, rental or other purpose;
(ii) the clearance and redevelopment of slum and urban areas;
(iii) the development or redevelopment of areas designated by the Minister;
(iv) the development of rural or agricultural areas for the resettlement of persons displaced by operations of the Board or other resettlement projects approved by the Minister;
(b) to manage all lands, houses and buildings or other property vested in or belonging to the Board;
(c) to carry out all investigations and the surveys necessary for the performance of the functions and duties of the Board;
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(d) to provide loans, with the approval of the Minister, to enable persons to purchase —
(i) any developed land or any housing accommodation sold under Part IVB; or
(ii) any other land belonging to the Board for which planning permission to develop has been obtained under the Planning Act (Cap. 232), or any part thereof upon a mortgage of that land;
(da) to provide technical and consultancy services within or outside Singapore, in respect of matters within its expertise acquired in the exercise of its functions under this Act, and to act as an agent for the Government or, with the approval of the Minister, as an agent for another public authority in the provision of such services;
(e) to exercise such powers and perform such duties as may from time to time be conferred on or delegated to the Board by or under the provisions of any written law; and
(f) to do all such other matters and things as are necessary for the exercise or performance of all or any of the functions and duties of the Board.
5.2 The Urban Redevelopment Authority (URA)
The Urban Redevelopment Authority began as the Urban Renewal Unit (URU) in 1964 as part of the Housing Development Board (HDB) responsible for the comprehensive urban renewal and redevelopment of the Central Area. The goal was to remake the Central Area as a vibrant and modern commercial centre, which required finding new homes for residents and new locations for industries. The URU was restructured to Urban Redevelopment Board (URD) two years later.
On 1 Apr 1974, URD was converted into an independent statutory board, the Urban Redevelopment Authority under the Ministry of National Development.
Their main task was to redevelop the Central Area and move affected residents to new areas to transform the Central Area into a modern financial and business hub by implementing urban renewal programmes started by the URD.
In 1989, URA combined with the former Planning Department and the Research & Statistics Unit of the Ministry of National Development to form the new URA. With the combined expertise of these agencies, URA was able to plan and facilitate the physical development of Singapore with greater efficiency. Now, URA was well placed to meet land demands while balancing economic and social development. In the same year, URA also became the national conservation authority, beginning the crucial task of conserving Singapore’s built heritage.
URA’s key role as the national land planning authority was formally recognised in 2003 under the Planning Act, when the act was amended to include land planning and development control as URA’s functions.
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5.3 Singapore Land Authority (SLA)
The SLA was formed on 1 June 2001 when the Land Office, Singapore Land Registry, Survey Department and Land Systems Support Unit were merged. Since then, they have built upon their rich and diverse experience to bring a fresh perspective to the challenge of optimising our State land and buildings, a critical resource for a wide range of activities.
The Singapore Land Authority (SLA) is a statutory board under the Ministry of Law. Their main focus is on land resource optimization, a critical role in Singapore, where land is used for a wide range of activities. The two main roles of SLA are to develop and regulate.
In the development role, the SLA:
Manage of State land and buildings
Sales, leases, acquisitions and allocation of State land
Developing and marketing land-related information and maintaining the national land information database.
In the regulatory role, the SLA:
Is the national land registration authority.
Also responsible for the management and maintenance of the national land survey system.
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5.4 The JTC Corporation
JTC Corporation is a statutory board under the Ministry of Trade and Industry. On 15 November 2000, Jurong Town Corporation (JTC) was officially renamed as JTC Corporation.
The JTC Corporation is Singapore's principal developer and manager of industrial estates and their related facilities. It offers a wide range of facilities such as industrial land, business park facilities and factories to meet the diverse industrial needs of manufacturers in Singapore.
JTC Corporation was established on 1 June 1968. Its primary role then was to take over the function of developing industrial estates. JTC Corporation successfully transformed mangrove swamplands into the modern Jurong Industrial Estate. In just 3 years, the landscape in Jurong was altered permanently by the crash development of industrial sites, residential areas and parks.
During the 1970s, JTC Corporation pressed on to develop facilities ahead of demand and in the 1980s it developed facilities for hi-tech & capital-intensive industries. It offered better facilities to attract high value-added investors. In the 1990s, JTC Corporation adopted new ways to cope with increasing demand and shrinking land resources. For example, it introduced the "stack-up" development that increases land productivity significantly. Currently, its emphasis is on the development of facilities for high technology and capital-intensive industries.
JTC Corporation has 30 industrial estates that house more than 5,400 companies. It has developed specialised parks like Business Parks, Wafer Fabrication Parks, Biomedical Park and a Chemicals Hub on Jurong Island. The challenge of the 21st century is to help Singapore accelerate into the Knowledge-based Economy with new initiatives like iPark 21 and the Science Hub at Buona Vista.
JTC Corporation also offers its services internationally, and has acted as consultant or joint venture partner in developing industrial parks in several Asia-Pacific countries. Its overseas investments total some S$398 million.
More than forty years after its establishment in 1968, JTC Corporation now manages 43 estates that cover 7,100 hectares of land area, providing 3.2 million square metres of ready-built space for 5,100 customers.
THE PLANNING ACT
MASTER PLAN WRITTEN STATEMENT
2019
© Singapore Government. All rights reserved
1
CONTENTS Page
PREFACE ........................................................................................................................................... 2
MAP OF PLANNING AREAS ................................................................................................ 3
SECTION I Preliminary
1.0 Definition of Terms ................................................................................... 4-5
2.0 Applicability .............................................................................................. 5
3.0 Development Charges and Temporary Development Levy ...................... 5
SECTION II Zoning and Plot Ratio
4.0 Zoning And Plot Ratio ............................................................................... 6
5.0 Zoning Interpretation ................................................................................. 6-7
6.0 Plot Ratio Interpretation ............................................................................ 7-8
7.0 Zoning and Plot Ratio Interpretation ........................................................ 8
for land zoned or shown for use as Road or Waterbody
8.0 Incentive Plot Ratio ................................................................................... 9
9.0 Development Control And Other Requirements ....................................... 9
TABLE 1 Zoning Interpretation ........................................................................................ 10-20
TABLE 2 List of Monuments subject to a Preservation order .......................................... 21-24
under the Preservation of Monuments Act as at 15 October 2019
TABLE 3 List of National Parks and Nature Reserves ..................................................... 25
2
PREFACE
The Master Plan for the Republic of Singapore was first formulated during 1952-1955, and
approved by the Government in August 1958. The Master Plan has since undergone ten reviews
and various amendments have been made to it.
In the current planning system, the Concept Plan maps out the long term land use strategies for
Singapore. The Concept Plan is reviewed regularly. The intentions of the Concept Plan are
translated into detailed land use plans for the different planning areas to form the Master Plan.
In the current review of the Master Plan, the detailed land use plans for the different planning
areas were amended and updated where necessary to reflect the land use intentions. After
incorporating relevant feedback from the public exhibitions, these amended plans are formalised
as the Master Plan 2019.
The contents and provisions of the Master Plan are applied to guide physical development
through development control. These contents and provisions do not confer development rights
nor should they be taken as the basis for determining the liability for payment of development
charge or temporary development levy. Application for permission to develop must comply with
detailed development control, conservation and preservation requirements, where applicable. In
addition, a development charge or temporary development levy may be payable pursuant to the
provisions of Part V or Part VA, as the case may be, of the Planning Act and the applicable
subsidiary legislation.
MAP OF PLANNING AREAS
3
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4
SECTION I
PRELIMINARY
1.0 Definition of Terms
1.1 In this Master Plan Written Statement 2019 (“this Written Statement”, which expression shall include any supplement, amendment or variation made to it from time to time), the
following expressions shall have the meanings assigned to them below:
1.1.1 “amendment” in relation to the Master Plan has the same meaning as defined in
Section 2 of the Planning Act.
1.1.2 “Amendment Plan” means any plan or plans included in an amendment to the
Master Plan made on or after 18 November 2019.
1.1.3 “application” means:
(i) an application for planning permission as defined in Section 2 of the
Planning Act; or
(ii) an application for conservation permission as defined in Section 2 of the
Planning Act, and shall include any such aforesaid application with regard
to a monument.
1.1.4 “competent authority” has the same meaning as defined in Section 2 of the Planning Act.
1.1.5 “conservation area” has the same meaning as defined in Section 2 of the Planning
Act.
1.1.6 “demarcated area” means the area demarcated on the Amendment Plan as being the area to which the Amendment Plan shall apply.
1.1.7 “existing use” means the use to which a building or land was put on 1st February 1960 or a use authorised or permitted under the Planning Act or the repealed Act.
1.1.8 “floor area” has the same meaning as defined in the Planning (Development Charges) Rules (Rule 5).
1.1.9 “monument” means a monument for which there is in force a preservation order under the Preservation of Monuments Act (Cap. 239); a list of such monuments
as at 15 October 2019 is shown in Table 2.
1.1.10 “national park” means any area of land designated as a National Park in Part I of the Schedule under the Parks and Trees Act (Cap. 216), a list of such national
parks is shown in Table 3.
5
1.1.11 “nature reserve” means any area of land designated as a Nature Reserve in Part II of the Schedule under the Parks and Trees Act (Cap. 216), a list of such nature
reserves is shown in Table 3.
1.1.12 “Planning Act” means the Planning Act (Cap. 232).
1.1.13 “plot ratio” means the ratio between the floor area of the building and site area.
1.1.14 “repealed Act” means the repealed Planning Act (Cap. 232, 1990 Ed).
1.1.15 “site area” means the area of a development site unless otherwise defined in the Amendment Plan.
2.0 Applicability
2.1 This Written Statement shall apply to any Amendment Plan unless otherwise expressly
stated therein.
2.2 From the effective date (being the date of the Minister’s approval) of the amendment to the Master Plan, all applications in respect of land within the demarcated area to which
the Amendment Plan applies, including pending applications on which the competent
authority has not made a decision, shall be considered in accordance with the Amendment
Plan and this Written Statement and not the Master Plan prior to the effective date of the
amendment.
2.3 Where Section 14(2) of the Planning Act applies, an application need not be considered
in accordance with the Amendment Plan and this Written Statement, it shall instead be
determined in such manner as the Minister may approve.
2.4 Where there is any contradiction, discrepancy or inconsistency between a map comprised
in the Amendment Plan and this Written Statement, this Written Statement shall prevail.
2.5 The planning intentions in the Amendment Plan are subject to interpretation and
elaboration by the competent authority. The competent authority may for this purpose
from time to time publish development control plans, which include envelope control,
building height, street block, connectivity, underground and urban design plans.
3.0 Development Charges and Temporary Development Levy
3.1 The contents and provisions of the Amendment Plan and this Written Statement are
intended to guide and control the physical development of the demarcated area. The
Amendment Plan and this Written Statement are not the basis for the calculation and
payment of development charges or temporary development levy.
3.2 Any development within the demarcated area approved by the competent authority shall
where applicable be subject to payment of development charge or temporary development
levy as provided under Part V or Part VA, as the case may be, of the Planning Act and the
applicable subsidiary legislation.
6
SECTION II
ZONING AND PLOT RATIO
4.0 Zoning And Plot Ratio
4.1 The zoning and plot ratio parameters referred to in the Amendment Plan prescribe the
land use and development intensity permissible within the demarcated area.
5.0 Zoning Interpretation
5.1 The zoning notations in the Amendment Plan reflect the permissible predominant use of
land within the demarcated area, subject however to the following:
(i) Areas shown on the Amendment Plan for use as minor roads shall despite the
zoning for the respective area be deemed to be zoned for Road use.
(ii) Areas shown on the Amendment Plan for use as:
(a) drains
(b) utilities (such as electrical substations and septic tanks)
(c) rapid transit system structures, or
(d) at grade or above ground structures of any underground road system or road
tunnel,
shall despite the zoning for the respective area be used for such specified uses
unless otherwise allowed by the competent authority.
5.2 The competent authority may consider and approve uses (other than those permissible for
the zoning) which are ancillary, related or compatible with the permissible predominant
use. The type and quantum of uses that may be regarded as compatible with the
predominant use shall be determined by the competent authority. The type and quantum
of all ancillary or related uses that may be allowed for the support or management of the
predominant use shall be determined by the competent authority having regard to the
nature and scale of the development.
5.3 Where the existing use for the land is not consistent with the zoning for the land as
depicted in the Amendment Plan, the competent authority may despite such zoning for
the land consider and approve an application in respect of the land for:
(i) change in use to a use which would be permissible under the same zone as that
under which the existing use is; and
(ii) additions, alterations and improvements to the existing buildings on the land.
5.4 Where the land is located within the designated historic conservation districts of
Chinatown, Kampong Glam, Little India, Boat Quay, Blair Plain or Cairnhill and Emerald
Hill and is zoned for Commercial use in the Amendment Plan, the competent authority
may despite such zoning consider and approve an application in respect of the land for
hotel, institutional or residential use.
7
5.5 The interpretations of zonings are given in Table 1.
5.6 Within the zones indicated in the Amendment Plan, the competent authority shall control
developments in such a manner as to preserve or promote the character of the area as
indicated by the notations in the Amendment Plan and any development control plans as
may be published by the competent authority from time to time.
5.7 For the purpose of paragraph 5.1(i), “minor road” shall include back lanes but exclude:
(i) any stratum of space on or within any land required and approved by the competent
authority for use as public road and which is vested or to be vested to the State;
(ii) any road tunnel or underground road.
5.8 The competent authority may consider and approve uses of subterranean spaces under
land, including uses which are other than those permissible for the zoning of the land as
depicted in the Amendment Plan.
6.0 Plot Ratio Interpretation
6.1 The plot ratios indicated in the Amendment Plan prescribe the maximum permissible
intensity for developments within the demarcated area. The actual density to be permitted
for any development shall be determined by the competent authority subject to the
prescribed maximum permissible plot ratio and having regard to the intensity of the
surrounding developments.
6.2 The intensity to be permitted for any development is also subject to compliance with all
other requirements imposed by the competent authority for the development as provided
in paragraph 9.1(ii). The resultant intensity to be permitted for a development may
therefore be below the maximum permissible plot ratio prescribed.
6.3 For areas without any prescribed intensity, the plot ratio to be allowed shall be determined
by the competent authority at his discretion.
6.4 Subject to paragraph 6.5, where a development on any land within the demarcated area is
approved for:
(i) a use or uses consistent with the zoning of the land in the Amendment Plan; and
(ii) an intensity higher than the prescribed maximum permissible intensity,
such approved intensity of the development shall, subject to the provisions of Part V and
Part VA of the Planning Act, be deemed to be the prescribed maximum intensity for the
land.
8
6.5 Paragraph 6.4 shall not apply in the following circumstances:
(i) the competent authority has in the grant of planning permission or conservation
permission for the development on the land expressly imposed a term or condition
to the effect that the approved intensity of the development shall not be deemed to
be the prescribed maximum intensity for the land;
(ii) the development on the land is approved for landed dwelling house or houses and
the land is zoned for Residential purpose with a maximum permissible plot ratio
prescribed.
6.6 For the purpose of paragraph 6.5, a “landed dwelling house” means any detached, semi-detached, linked or terrace house used wholly or mainly for the purpose of human
habitation and includes a dwelling-house governed by the provisions of the Land Titles
(Strata) Act (Cap. 158).
6.7 For the purpose of paragraph 6.4, the competent authority may require the approved
intensity of a development to be calculated and determined based on such method and
requirements as the competent authority may specify.
6.8 Subject to Paragraphs 6.9 and 7, where land proposed for development includes land
zoned or shown on the Amendment Plan for use as road or waterbody, the maximum
permissible floor area for the development shall be determined as follows:
Area of the land proposed x The prescribed plot ratio for the part of the land not
for development zoned or shown for use as road or waterbody
6.9 Paragraph 6.8 shall apply only if the part of the land zoned or shown on the Amendment
Plan for use as road or waterbody:
(i) is not the subject of an acquisition under the Land Acquisition Act (Chapter 152);
and
(ii) has not been vested in the State.
7.0 Zoning and Plot Ratio Interpretation for land zoned or shown for use as Road or
Waterbody
7.1 Subject to paragraph 7.2, where land proposed for development includes land zoned or
shown on the Amendment Plan for use as road or waterbody (“the road or waterbody land”) and the part of the land not zoned for use as road or waterbody comprises of areas with different zonings and/or different prescribed plot ratios, the competent authority
shall, at his discretion, determine and assign:
(i) one or more of the said zonings to different parts of the road or waterbody land;
(ii) one or more of the said prescribed plot ratios to different parts of the road or
waterbody land.
7.2 Paragraph 7.1 shall apply only if the part of the land zoned or shown on the Amendment
Plan for use as road or waterbody satisfies the conditions set out in paragraph 6.9.
9
8.0 Incentive Plot Ratio
8.1 The competent authority may in accordance with and subject to any planning guidelines
or incentive scheme approved by the Minister, allow an increase or increases in plot ratio
over and above the maximum permissible intensity prescribed for developments, or the
maximum permissible intensity as determined by the competent authority under
paragraph 6.3. The actual intensity to be permitted for a development shall be determined
by the competent authority subject to the prescribed or determined maximum permissible
intensity and the allowable increase or increases in plot ratio under the planning guideline
or incentive scheme. If the purpose for which the floor area attributable to any such
increase in plot ratio may be used is specified in the planning guidelines or incentive
scheme, such floor area shall be used only for the specified purpose unless otherwise
allowed by the competent authority. Such floor area shall not be taken into consideration
for the purpose of paragraph 6.4 unless otherwise allowed under the planning guidelines
or incentive scheme.
9.0 Development Control And Other Requirements
9.1 In addition to the contents and provisions of the Amendment Plan, the competent authority
in determining an application in respect of land within the demarcated area:
(i) Will take into consideration:
(a) all applicable planning guidelines (e.g. guidelines pertaining to the control
of building height, building set back and spacing, connectivity, detailed land
and subterranean space use, building use, building form, urban design, plot
size, etc.) and relevant conservation guidelines that may be issued by the
competent authority;
(b) any relevant guidelines for monuments that may be issued by the National
Heritage Board; and
(c) any relevant guidelines or nature reserves and national parks that may be
issued by the National Parks Board.
(ii) May impose such development control and/or conservation and/or preservation
requirements as well as requirements with regard to nature reserves and national
parks as the competent authority may deem expedient or necessary.
TABLE 1 – Zoning Interpretation
10
S/No Zoning Uses Examples Of Developments Remarks
1 Residential These are areas used
or intended to be
used mainly for
residential
development.
Serviced apartments
and student hostels
may be allowed
subject to evaluation
by the competent
authority.
Residential developments for:
1. Flats
2. Condominium
3. Townhouse
4. Terrace House
5. Semi-Detached House
6. Detached House
7. Strata-Landed Housing
8. Retirement Housing
9. Serviced Apartments
10. Student Hostel
The developments in this zone
are subject to controls on
building form and building
height as determined by the
competent authority. The
quantum of all ancillary or
non-residential uses needed for
support or management of a
residential estate such as a
condominium development are
to be determined by the
competent authority according
to the scale of the residential
development.
2 Residential
with
Commercial
at 1st storey
These are areas used
or intended to be
used mainly for
residential
development with
commercial use at the
1st storey only.
Residential
developments,
without any
commercial use, may
be allowed subject to
evaluation by the
competent authority.
1. Flats with commercial
uses at 1st storey
2. Shophouse
3. Residential Developments
(e.g. Flats)
Commercial areas are
normally restricted to the 1st
storey.
Commercial areas may be
allowed above and/or below
the 1st storey subject to
evaluation by the competent
authority.
Where the competent authority
allows commercial areas
above and/or below the 1st
storey, the total quantum of the
floor area of commercial uses
in the 1st and other storeys
shall not exceed the maximum
allowable floor area at the 1st
storey.
3 Commercial
&
Residential
These are areas used
or intended to be
used mainly for
mixed commercial
and residential
development.
1. Mixed Commercial &
Residential development
(e.g. Shopping/Hotel/
Office & Residential)
Commercial areas shall not be
located above residential areas.
The type and quantum of
commercial and related uses and
the total quantum of such
commercial and related uses
shall be determined by the
competent authority. The total
quantum of commercial and
related uses shall not, unless
otherwise allowed by the
competent authority exceed
40% of the maximum
allowable floor area.
TABLE 1 – Zoning Interpretation
11
S/No Zoning Uses Examples Of Developments Remarks
4 Commercial These are areas used
or intended to be
used mainly for
commercial
development.
Recreation Clubs
may be allowed
subject to evaluation
by the competent
authority.
Developments for:
1. Offices
2. Mixed Uses (e.g. Office/
Shopping/Cinema/Hotel/
Flat)
3. Convention/Exhibition
Centre
4. Commercial School
5. Bank
6. Market/Food Centre/
Restaurant
7. Cinema
8. Entertainment
9. Foreign Trade Mission/
Chancery
The developments in this zone
are subject to controls on the
type and quantum of
commercial uses as
determined by the competent
authority.
5 Hotel These are areas used
or intended to be
used mainly for hotel
development.
1. Hotel
2. Backpackers’ Hostel
At least 60% of the total floor
area shall be used for hotel
room floors and hotel related
uses as defined in the Planning
(Development Charges) Rules.
Commercial and residential
uses may be considered by the
competent authority subject to
control on the use quantum as
determined by the competent
authority and they shall not
exceed 40% of the total floor
area.
6 White These are areas used
or intended to be
used mainly for
commercial, hotel,
residential, sports &
recreational and other
compatible uses, or a
combination of two
or more such uses as
a mixed
development.
A development for any one
of more of the following
uses:
1. Residential
2. Office
3. Shop
4. Hotel
5. Serviced Apartments
6. Recreation Club
7. Association
8. Convention/Exhibition
Centre
9. Entertainment
To realise the overall planning
intention for an area, specific
controls on quantum and types
of uses may be imposed in
some areas.
TABLE 1 – Zoning Interpretation
12
S/No Zoning Uses Examples Of Developments Remarks
7 Business
Park
These are areas used
or intended to be
used for business
park operations.
1. Business Park
2. Science Park
At least 85% of the total
floor area shall be used for
any combination of business
park operations (as may be
defined and set out in
guidelines issued by the
competent authority on
Business Park) and other
permitted ancillary uses. Not
more than 40% of the total
floor area comprised in this
85% shall be used for other
permitted ancillary uses.
Not more than 15% of the
total floor area shall be used
for uses permissible under
White Zone.
8 Business
Park - White
These are areas used
or intended to be
used mainly for
business park
operations and other
uses permissible
under White zone as
a mixed use
development.
1. Mixed Business Park and
commercial, residential,
hotel (or other compatible
uses) development
2. Mixed Science Park and
commercial, residential,
hotel (or other compatible
uses) development
The quantum for the uses
permissible under White zone
shall not exceed the percentage
of the total floor area specified
in the Amendment Plan. For
example, for a site zoned as
BP-W[40], the total quantum
of permissible White use shall
not exceed 40% of the total
floor area of the development.
The Business Park use
quantum shall be used for any
combination of business park
operations (as may be defined
and set out in guidelines issued
by the competent authority on
Business Park) and other
permitted ancillary uses. Not
more than 40% of the total
floor area of the Business Park
use quantum for other
permitted ancillary uses.
TABLE 1 – Zoning Interpretation
13
S/No Zoning Uses Examples Of Developments Remarks
9 Business 1
(B1)
These are areas used
or intended to be
used mainly for clean
industry, light
industry, public
utilities, and
telecommunication
uses and other public
installations for
which the relevant
authority does not
impose a nuisance
buffer greater than
50m.
General industrial
uses that are able to
meet the nuisance
buffer requirements
imposed by the
relevant authority for
general industries
may be allowed in
the B1 zones, subject
to evaluation by the
relevant authority
and the competent
authority.
Clean and Light industrial
factories with one or more
predominant uses as listed in
the Handbook on
Development Control
Parameters for industrial
developments.
The quantum of permitted
ancillary uses shall not exceed
40% of the total floor area.
The types of uses that may be
allowed are subject to the
evaluation of the competent
authority and other relevant
authorities.
10 Business 2
(B2)
There are areas used
or intended to be
used for clean
industry, light
industry, general
industry, warehouse,
public utilities and
telecommunication
uses and other public
installations.
Special industries
such as manufacture
of industrial
machinery,
shipbuilding and
repairing, may be
allowed in selected
areas subject to
evaluation by the
relevant authority
and the competent
authority.
Clean, Light and General
industrial factories with one
or more predominant uses as
listed in the Handbook on
Development Control
Parameters for industrial
developments.
The quantum of permitted
ancillary uses shall not exceed
40% of the total floor area.
The types of uses that may be
allowed are subject to the
evaluation of the competent
authority and other relevant
authorities.
TABLE 1 – Zoning Interpretation
14
S/No Zoning Uses Examples Of Developments Remarks
11 Business 1 -
White
These are areas used
or intended to be
used mainly for uses
permissible under B1
zone and White zone
as a mixed use
development.
A development for any one
or more uses that may be
allowed under B1 zone and
White zone.
A minimum plot ratio must be
achieved for the B1 uses
before White uses can be
allowed. For example, for a
site zoned as “4.2 [B-2.5] W”, the permissible B1 uses must
achieve a minimum plot ratio
of 2.5 before White uses can
be allowed subject to the
maximum prescribed plot ratio
of 4.2 for the whole
development.
The quantum of permitted
ancillary uses shall not exceed
40% of the total floor area for
B1 uses. The types of B1,
White and ancillary uses that
may be allowed are subject to
the evaluation of the
competent authority and other
relevant authorities.
12 Business 2 -
White
These are areas used
or intended to be
used mainly for uses
permissible under B2
zone and White zone
as a mixed use
development.
A development for any one
or more uses that may be
allowed under B2 zone and
White zone.
A minimum plot ratio must be
achieved for the B2 uses
before White uses can be
allowed. For example, for a
site zoned as “4.2 [B-2.5] W”, the permissible B2 uses must
achieve a minimum plot ratio
of 2.5 before White uses can
be allowed subject to the
maximum prescribed plot ratio
of 4.2 for the whole
development.
The quantum of permitted
ancillary uses shall not exceed
40% of the total floor area for
B2 uses.
The types of B2, White and
ancillary uses that may be
allowed are subject to the
evaluation of the competent
authority and other relevant
authorities.
TABLE 1 – Zoning Interpretation
15
S/No Zoning Uses Examples Of Developments Remarks
13 Residential/
Institution
These are areas used
or intended to be
used mainly for
residential purpose,
community
institution facilities
or other similar
purposes.
1. Residential Developments
(e.g. Flats)
2. Community Institution
uses (excluding funeral
parlour and workers’ dormitory)
The type of community
institution uses and other
similar developments that may
be allowed are subject to
evaluation by the competent
authority.
13A Commercial/
Institution
These are areas used
or intended to be
used mainly for
commercial purpose,
community
institution facilities
or other similar
purposes.
1. Entertainment
2. Recreation Club
3. Offices
4. Bank
5. Shops
6. Commercial School
7. Food Centres/Restaurant
8. Community Institution
facilities e.g. child care
centres, association
premises (excluding
funeral parlours and
workers’ dormitories)
The types of commercial,
community institution and
other similar uses that will be
allowed are subject to
evaluation by the competent
authority.
Hotel use may be allowed,
subject to evaluation by the
competent authority.
Residential flats will not be
permitted.
14 Health &
Medical
Care
These are areas used
or intended to be
used mainly for
medical services.
1. Hospital
2. Polyclinic
3. Clinic/Dental Clinic
4. Veterinary Clinic
5. Nursing Home
6. Medical suite
Hospitals shall only be
allowed subject to evaluation
by the competent authority.
15 Educational
Institution
These are areas used
or intended to be
used mainly for
educational purposes
including tertiary
education.
1. Kindergarten
2. Primary School
3. Secondary School
4. Junior College
5. Institute of Technical
Education
6. Polytechnic
7. University
8. Religious School/Institute
9. Foreign System School
10. Special Education School
(e.g. School for the
Disabled)
Nil
16 Place of
Worship
These are areas used
or intended to be
used mainly for
religious buildings.
1. Church
2. Mosque
3. Temple
Praying area shall be the
predominant use and shall be
at least 50% of the total floor
area of the development.
TABLE 1 – Zoning Interpretation
16
S/No Zoning Uses Examples Of Developments Remarks
17 Civic &
Community
Institution
These are areas used
or intended to be
used mainly for civic,
community or
cultural facilities or
other similar
purposes.
Civic Institutions
1. Courts
2. Police Station
3. Fire Station
4. Prison
5. Drug Rehabilitation
Centre/Halfway House
6. Reformative Centre
Community Institutions
7. Association premises
8. Community Centre/Club
9. Community Hall
10. Welfare Home
11. Child Care Centre
12. Home For The Aged
13. Home For The Disabled
14. Funeral Parlour
15. Workers’ Dormitory
Cultural Institutions
16. Television/Filming Studio
Complex
17. Performing Arts Centre
18. Library
19. Museum
20. Arts Centre/Science
Centre
21. Concert Hall
The specific institutional use
that may be allowed for a site
is subject to evaluation by the
competent authority.
18 Open Space These are areas used
or intended to be
used as open space.
1. Wooded Area
2. Swamp Area
3. Natural Open Space
4. Public Promenades
5. Outdoor Pedestrian Malls
6. Landscaped Plazas
Where additional sites for
open space are deemed
necessary, they may be
secured by the competent
authority.
TABLE 1 – Zoning Interpretation
17
S/No Zoning Uses Examples Of Developments Remarks
19 Park These are areas used
or intended to be
used mainly for parks
or gardens for the
enjoyment of the
general public and
includes pedestrian
linkages.
1. National Park
2. Regional Park
3. Community Park/
Neighbourhood Park
4. Park Connectors
5. Zoological Gardens,
Botanic Gardens, etc.
Where additional sites for
parks are deemed necessary,
they may be secured by the
competent authority.
The notations used to delineate
the park connectors may not
show their precise boundaries
which are subject to
interpretation and
determination by the
competent authority.
20 Beach Area These are areas used
or intended to be
used for coastal
recreational purposes
for the enjoyment of
the general public.
Nil The notation used to delineate
the beach areas may not show
their precise boundaries.
The extent of a beach area is
subject to survey.
21 Sports &
Recreation
These are areas used
or intended to be
used mainly for
sports and
recreational
purposes.
1. Sports Complex/ Indoor
Stadium
2. Swimming Complex
3. Golf Course
4. Golf Driving Range
5. Recreation Club
6. Campsite
7. Chalet
8. Marina
9. Water Sports Centre
10. Outward Bound School
11. Theme Park
Nil
22 Waterbody There are areas used
or intended to be
used for drainage
purposes and water
areas such as
reservoirs, ponds,
rivers and other water
channels.
1. River
2. Major Drain & Canal
3. Reservoir
4. Pond
The notations used to delineate
the drainage reserves may not
show their precise alignment
which are subject to
interpretation and
determination by the
competent authority and other
relevant authorities. Additional
drainage reserves may be
secured by the competent
authority for any locality as
may be deemed necessary.
TABLE 1 – Zoning Interpretation
18
S/No Zoning Uses Examples Of Developments Remarks
23 Road There are areas used
or intended to be
used for existing and
proposed roads.
Other uses under an
elevated road may be
allowed subject to
evaluation by the
competent authority.
1. Expressway
2. Semi-Expressway
3. Major Arterial Road
4. Arterial Road
5. Primary Access Road
6. Local Access Road
7. Service Road & Backlane
The notations used to delineate
the route of the roads may not
show their precise alignment,
which is subject to
interpretation and
determination by the
competent authority and other
relevant authorities.
All roads including their
junctions are subject to
widening and improvement, as
may be determined by the
competent authority. Buffers
along and adjoining roads may
be required to be set aside
where deemed necessary by
the competent authority.
Additional road reserves may
be secured by the competent
authority for any locality as
may be deemed necessary.
24 Transport
Facilities
These are areas used
or intended to be
used mainly for the
parking of vehicles
and transport
facilities including
garages and at-grade
structure of
underground road
tunnel and rapid
transit system.
1. Car Park
2. Heavy Vehicle Park
3. Trailer Park
4. Bus Depot/Terminal
5. Transport Depot
6. MRT/LRT Marshalling
Yard/Depot
7. Driving Circuit/Test
Centre
8. Petrol Station/Kiosk
Petrol Station/Kiosk shall only
be allowed subject to
evaluation by the competent
authority.
25 Rapid
Transit
These are areas used
or intended to be
used mainly for
Rapid Transit
purposes.
1. MRT/LRT Station The notations used to denote
the MRT/LRT lines and the
locations of stations are
diagrammatic. The precise
alignment of MRT/LRT lines
and the locations of stations
are subject to interpretation
and determination by the
competent authority and other
relevant authorities.
TABLE 1 – Zoning Interpretation
19
S/No Zoning Uses Examples Of Developments Remarks
26 Utility These are areas used
or intended to be
used mainly for
public utilities and
telecommunication
infrastructure,
including water
works, sewage
disposal works and
other public
installations such as
electrical substations.
1. Electrical Substation
2. Power Station
3. Gas Installation
4. Natural Gas Receiving
Terminal
5. Gas Takeoff/Regulator
Station
6. Water Treatment Plant
7. Water Reclamation Plant
8. Service Reservoir
9. Water Pump House
10. Sewage Pumping Station
11. Incineration Plant
12. Desalination Plant
13. Transmitting Station/
Receiving Station
14. Earth Satellite Station
Additional sites for such
purposes for any locality may
be secured by the competent
authority where deemed
necessary.
27 Cemetery These are areas used
or intended to be
used for burial
grounds, crematoria
and columbaria.
1. Cemetery
2. Crematorium
3. Columbarium
Nil
28 Agriculture These are areas used
or intended to be
used for agricultural
purposes and
includes plant
nursery.
1. Agrotechnology Park
2. Aquaculture Farm (e.g.
Aquarium fish)
3. Plant Nursery
4. Hydroponics Farm
5. Agriculture research/
experimental station
Nil
29 Port/Airport These are areas used
or intended to be
used for airport/
airfield or dock/port
purposes.
1. Airport
2. Port Area
3. Port/Airport Related
Facilities
4. Ferry Point/Terminal
5. Cruise Centre
6. Landing Sites
7. Fishing Port
Nil
TABLE 1 – Zoning Interpretation
20
S/No Zoning Uses Examples Of Developments Remarks
30 Reserve Site These are areas the
specific use of which
has yet to be
determined.
Interim uses that are
compatible with the
uses in the locality
may be allowed
subject to evaluation
by the competent
authority.
Nil Nil
31 Special Use These are areas used
or intended to be
used for special
purposes.
Nil Nil
TABLE 2 – List of Monuments subject to a Preservation Order under the Preservation of Monuments Act as at 15 Oct 2019
21
S/No Name of Monument Location Year of Gazette
1 Former Thong Chai Medical Institution (1892) Eu Tong Sen Street
1973
2 Armenian Church of St Gregory the Illuminator (1835-36) Hill Street
3 St Andrew’s Cathedral (Rebuilt 1856-61) St Andrew’s Road
4 Former Telok Ayer Market (1890-94) Raffles Quay
5 Thian Hock Keng (1839-42) Telok Ayer Street
6 Sri Mariamman Temple (Rebuilt 1843) South Bridge Road
7 Hajjah Fatimah Mosque (1845-46) Beach Road
8 Cathedral of the Good Shepherd (1843-47) Queen Street
9 Nagore Dargah (1828-30) Telok Ayer Street
1974
10 Al-Abrar Mosque (1850-55) Telok Ayer Street
11 House of Tan Yeok Nee (1885) Penang Road
12 Tan Si Chong Su (1876-78) Magazine Road
13 Jamae Mosque (Rebuilt 1830-35) South Bridge Road
14 Sultan Mosque (Rebuilt 1924-28) Muscat Street 1975
15 St George’s Church (1910-13) Minden Road
1978 16 Hong San See (1908-13) Mohamed Sultan Road
17 Sri Perumal Temple (1855) Serangoon Road
18 Abdul Gafoor Mosque (1907) Dunlop Street 1979
19 Siong Lim Temple (1898-1912) Jalan Toa Payoh 1980
20 Raffles Hotel (1887-1907) Beach Road 1987
(Re-gazetted 1995)
21 Telok Ayer Chinese Methodist Church (1924) Telok Ayer Street
1989
22 Goodwood Park Hotel (Tower Block) (1900) Scotts Road
23 Former Convent of Holy Infant Jesus Chapel
(1903) and Caldwell House (1840-41) Victoria Street 1990
TABLE 2 – List of Monuments subject to a Preservation Order under the Preservation of Monuments Act as at 15 Oct 2019
22
S/No Name of Monument Location Year of Gazette
24 Istana and Sri Temasek (1867-69) Orchard Road
1992
25 City Hall (1926-29) St Andrew’s Road
26 Victoria Theatre (1856-62) and Concert Hall (1902-05) Empress Place
27 Former Parliament House and Annex Building (1826-27) Old Parliament Lane
28 Former Supreme Court (1937-39) St Andrew’s Road
29 Former Empress Place Building (1864-67) Empress Place
30 National Museum of Singapore (1884-87) Stamford Road
31 Former St Joseph’s Institution - Main Building (1855-67),
Chapel (1911-12) and Classroom (1906-07) Bras Basah Road
32 Former Attorney-General’s Chambers (Rebuilt c.a. 1906) Parliament Place
33 Former Sun Yat Sen Villa (1900-02) Tai Gin Road 1994
34 Yueh Hai Ching Temple (Rebuilt 1895) Philip Street 1996
35 Former Tao Nan School (1910-1912) Armenian Street
1998
36 Former Ministry of Labour Building (1928) Havelock Road
37 Maghain Aboth Synagogue (1878) Waterloo Street
38 Former Hill Street Police Station (1934-36) Hill Street
39 Chesed-El Synagogue (1905) Oxley Rise
40 Ying Fo Fui Kun (1881-82) Telok Ayer Street
41 Central Fire Station (1908-09) Hill Street
42 Former Nanyang University Library &
Administration Building, Memorial and Arch (1954-56)
Nanyang Drive
Upper Jurong Road
43 Chinese High School Clock Tower Building (1925) Bukit Timah Road 1999
44 Prinsep Street Presbyterian Church (1930) Prinsep Street 2000
45 Tan Teck Guan Building (1911) College Road
2002
46 College of Medicine Building (1926) College Road
TABLE 2 – List of Monuments subject to a Preservation Order under the Preservation of Monuments Act as at 15 Oct 2019
23
S/No Name of Monument Location Year of Gazette
47 Former Admiralty House (1939) Old Nelson Road 2002
48 Former Cathay Building (1939) Handy Road
2003 49 Church of Sts Peter and Paul (1846) Queen Street
50 MacDonald House (1949) Orchard Road
51 St Joseph Church (1904-1912) Victoria Street
2005
52 Church of Our Lady Of Lourdes (1888) Ophir Road
53 Church of the Nativity of the Blessed Virgin Mary (1901) Upper Serangoon Road
54 Tou Mu Kung (1921) Upper Serangoon Road
55 Former Ford Factory (1941) Upper Bukit Timah
Road 2006
56 Bowyer Block (1926) Third Hospital Avenue
2009
57 Church of St Teresa (1928-1929) Bukit Purmei
58 Command House (1939) Kheam Hock Road
59 Former Keng Teck Whay (1847-1875) Telok Ayer Street
60 Former St James Power Station (1926) Sentosa Gateway
61 Former Raffles College (1927-1953) Bukit Timah Road
62 Former Singapore Conference Hall and
Trade Union House (1962-1965) Shenton Way
2010
63
Esplanade Park Memorials: Lim Bo Seng Memorial
(1953-1954), Tan Kim Seng Fountain (1882) and
Cenotaph (1920-1922)
Esplanade Park,
Connaught Drive
64 Former Tanjong Pagar Railway Station (1932) Keppel Road 2011
65 Civilian War Memorial (1966-1967) Beach Road 2013
66 Chung Cheng High School (Main) Administration Building
and Entrance Arch (1965–1968) Goodman Road
2014 67 Sri Thendayuthapani Temple (rebuilt 1980–1983) Tank Road
68 Alkaff Upper Serangoon Mosque (circa 1931–1932) Pheng Geck Ave
TABLE 2 – List of Monuments subject to a Preservation Order under the Preservation of Monuments Act as at 15 Oct 2019
24
S/No Name of Monument Location Year of Gazette
69 Jurong Town Hall (1971–1974) Jurong Town Hall Road
2015 70 Istana Kampong Gelam (circa 1839-1843) Sultan Gate
71 Former Fullerton Building (1924–1928) Fullerton Square
72 Changi Prison Entrance Gate, Wall and Turrets (1936) Upper Changi Road
North 2016
73 Singapore River Bridges: Cavenagh Bridge (1869),
Anderson Bridge (1909) and Elgin Bridge (1929) Singapore River 2019
TABLE 3 – List of National Parks and Nature Reserves
25
List of designated National Parks in Part I of the Schedule
under the Parks and Trees Act (Cap. 216)
S/No
Name of National Parks
Location
1
Singapore Botanic Gardens
Cluny Road
2
Fort Canning Park
Fort Canning Road
List of designated Nature Reserves in Part II of the Schedule
under the Parks and Trees Act (Cap. 216)
S/No
Name of Nature Reserves
Location
1
Bukit Timah Nature Reserve
Upper Bukit Timah Road
2
Central Catchment Nature Reserve
Upper Bukit Timah Road
3
Sungei Buloh Wetland Reserve
Neo Tiew Crescent
4
Labrador Nature Reserve
Labrador Villa Road
3 LANDED HOUSING
LANDED HOUSING
1 Landed housing are low-rise/low density residential development. There are various landed housing forms in Singapore. They are categorised according to the following:
(a) Land title (i) detached house (bungalow); (ii) semi-detached house; (iii) terrace house I or II.
(b) Strata title (No condominium status allowed) (i) strata detached houses (bungalows); (ii) strata semi-detached houses; (iii) strata terrace houses; (iv) mixed strata landed housing.
The relevant devt guidelines pertaining to landed housing are explained in detail in the sections below. You can also refer to our interactive tool on landed housing, e-Advisor, for a visual understanding of some common queries people have regarding landed housing developments. Homeowners can also make use of this interactive tool to guide them on their renovation plans for their landed house.
DETACHED HOUSES OR BUNGALOWS 2 A detached house or bungalow is a free standing dwelling unit within a plot of land – see Figure
1. The plot can vary in size. For plots outside the good class bungalow areas (GCBA), they should have a minimum plot size of not less than 400m² unless the existing lots are already subdivided with a land area less than this. The bungalow plots in the GCBA should have a minimum development size of 1400m². All bungalow plots are subject to a maximum site coverage control of 35%, 40% or *45% depending on the plot size - See para 9.
Figure 1: Bungalow Guidelines (outside GCBA)
SEMI-DETACHED HOUSES
3 A semi-detached house (see Figure 2a) is a dwelling house:
(a) partially attached on one side to any number of other units. This includes a (i) semi-detached bungalow house; (ii) semi-detached terrace house (also known as corner terrace); (iii) back-to-back semi-detached house ( see Figure 2b).
(b) abutting the common boundary as a result of the adjoining unit being demolished or redeveloped into other housing form.
Figure 2a: Semi-detached House Guidelines
Figure 2b: Back-to-Back Semi-detached House Guidelines
TERRACE HOUSES I & II
4 A terrace house is a house on a lot which forms part of a row of at least 3 dwelling houses abutting the common boundaries with party walls. The width of the terrace plot may vary but it should not be less than 6m wide for the intermediate units and 8m for the corner units.
5 There are 2 types of terrace houses; namely, terrace house I & terrace house II. For terrace house I, front setback from the road is based on buffer requirement (see Figure 3). For the terrace II, the building wall and roof eaves are setback 2m (fixed) and 1m from the road reserve respectively. A standard plot size and typical layout are shown in Figure 4.
Figure 3: Terrace House I Guidelines
Figure 4: Terrace House II Guidelines
Location
6 Terrace house II (TTII) must be sited within its own enclave or satisfy the following criteria:
(a) Within existing estates: If the development site is located within an existing landed housing estate, the TTII
development, when completed, should form an enclave on its own (see Figure 4a). (b) For new estates: TTII guidelines can apply to new landed housing areas, example, sale of site for landed
developments, provided it is developed comprehensively as a distinct TTII estate. Alternatively, it can be allowed in isolated private residential estate where such compact development forms an enclave on its own and has no adverse impact to the surrounding residential estates.
Figure 4a: Examples of Enclaves of Existing Landed Housing Plots Where TTII guidelines May
Apply
Site Coverage
7 Site coverage control is only applicable to detached house or bungalow development. The intention is to safeguard the ambience and character of bungalow development. It also helps to ensure that there are sufficient open areas around the compound of each bungalow which, together with other similar units, contribute to the total environmental quality of a bungalow area.
8 There is no site coverage control for semi-detached and terrace houses.
9 The site coverage controls vary with the plot size as follows:
(a) Good Class Bungalows (1400m²): 35% (b) Other Bungalows ( > 800m²): 40% (c) Other Bungalows ( <= 800m²): 40%
(d) Other Bungalows ( <= 800m²) in 2-storey mixed landed and 2-storey semi-detached housing areas: 45%
Plot Size
10 The minimum plot dimensions and plot sizes for all types of landed (Iand title) housing development are as follows:
HOUSING FORM PLOT WIDTH(min) PLOT DEPTH(min) PLOT SIZE(min)
Good class bungalow 18.5m 30m 1400m²
Other bungalow 10m nil 400m²
Semi-detached house (including corner terrace I)
8m nil 200m²
Back-to-back Semi-detached house 10m nil 200m²
Terrace house I (intermediate units) 6m nil 150m²
Terrace house II (corner units) 8m nil 80m²
Terrace house II (intermediate units) 6m nil 80m²
11 For good class bungalow development, variations in plot width, depth and size may be considered if the proposal is an infill development on existing plots which are already subdivided with land area less than 1400m2 each. Alternatively, the reduction should be less than 10% of the minimum plot size of 1400m2 and be due to the surrender of land to the government for a public purpose like road widening. In such situations, the original plot size for each plot before surrendering must not be less than 1400m2.
Figure 4b: Development of Good Class Bungalow Plot
Open Space Provision
12 For landed housing (land title) development, at least 4.05m² green open space shall be provided for every 56m² of gross floor area. Generally, an open space plot area of 1000m² or more will have to be provided. If the computed open space requirement is <1000m², a plot smaller than 1000m² based on the same rate will apply.
Access Point for New Landed Houses
12a All vehicular access for new landed housing developments, especially terrace and semi-detached houses, should be paired-up, where possible i.e. two access points located side-by-side with each other. This is to secure a sufficiently wide strip of land (at least 6m) between 2 pairs of access points to facilitate roadside planting and provide some space for kerbside parking within landed housing estate (see Figure 5a). The 6m length is the current minimum requirement of NParks to enable small trees to be planted along these estate roads.
12b However, for new landed housing plot with plot width of more than 10m, its access point need not be paired up with the adjacent unit provided it can provide the full continuous 6m planting verge within the plot width of the site (see Figure 5b).
Access Point for Existing Landed Houses
12c For existing landed housing developments, the existing access arrangement can remain. However, for accesses that are already in a paired arrangement today, it should not be separated in future.
Figure 5a: Paired Access Points
Figure 5b: Truncated Access Points
Setback Requirements
13a Other than the terrace house II and good class bungalows, other bungalows, semi-detached houses and terrace houses share the same setback requirements. The main building setback for landed houses hence varies depending on the types of landed (land title) housing. They are shown in Figures 6a, 6b, 6c & 7.
Figure 6a: Front and Rear Building Setback Control
Figure 6b: Side Building Setback Control
BUILDING FRONT1(min) REAR(min) SIDE
2(min)
(Columns & Walls)
1st
Storey
TERRACE II *2m (fixed) *2m 2m
OTHERS3 Road Buffer 2m 2m
GCBA Road Buffer 3m 3m
2nd
Storey
TERRACE II *2m (fixed) *2m 2m
OTHERS3 Road Buffer 2m 2m
GCBA Road Buffer 3m 3m
3rd
Storey
TERRACE II *2m (fixed) *2m 2m
OTHERS3 Road Buffer 3m 3m
Roof Eaves
TERRACE II *1m 1m 1m
OTHERS3 Green buffer 1m 1m
GCBA Green buffer 1.6m 1.6m
Figure 6c: Setbacks of Main Building
Notes: 1 Front setback is taken to be the distance of the building to the road regardless of the orientation of the house. For site having multiple road frontages, the boundary from which the vehicle access point is located is deemed to be the front where road buffer will apply. For other boundaries, the buffer requirements will still apply except where they front a category 5 road, the minimum building setback requirement of side or rear where applicable, will apply. See para 33 for setback applicable for odd-shaped plots. 2 Side setback requirements are not applicable to intermediate terrace houses. 3 Include Terrace I, semi-detached houses and bungalows outside GCBA.
Rear Setback of Terrace/Semi-detached Houses That Abut Existing Backlanes
13b The 1st storey rear extension of terrace/semi-detached houses can abut existing backlanes. This is because the backlanes (with widths of 4 to 6m) serve to provide adequate setback between 2 rows of houses.
13c However to prevent disamenity to other residents and undue obstruction to servicing/repair works, all such rear extensions will have to comply with the following requirements:
(a) The height of the rear extension should not exceed that of the actual first storey. (b) There should not be any structural encroachment into the backlanes. (c) For houses abutting state owned backlanes, new door and window openings can be
allowed at the walls or boundary walls abutting the backlanes. (d) For houses abutting privately owned backlanes, existing door or window openings can
remain, but they should not be enlarged or shifted. New openings or enlargement of existing openings along privately owned backlanes will not be allowed unless the applicant has prior written consent from the backlane owner.
(e) Any new openings, if allowed, should open inwards. A planning condition would be imposed requiring the closure of the openings along the back lane in the event the back lane is redeveloped.
The guidelines for 1st storey rear extensions to abut backlane are illustrated in Figure 6d.
Figure 6d: Guidelines for first Storey Rear Extensions to Abut Backlane
Setback for Car porch, Terrace Area, Bay Window & Other Features
13d The setback distance for car-porch, terrace area, bay window and other features from the front, rear and side lot boundary are in Figure 7. Where a car porch is provided within the 7.5m building setback line, the car porch roof must be:
(a) single-storey; (b) a Pitch Roof; and (c) a Light Weight Roof; or an RC Roof with a gradient of at least 1:10. If parapet wall on top
of the roof is provided, it shall not exceed 500mm high.
Figure 7: Setbacks of Car porch, Terrace Area, Bay Window & Others
BUILDING FRONT (min)
REAR (min)
SIDE (min)
Carporch5
TERRACE II
Columns *2m *2m 2m
Roof Eaves *1m 1m 1m
OTHERS1
Columns 2.4m3 2m 2m
Roof Eaves 2.4m3 1m 1m
GCBA
Columns 2.4m4 3m 3m
Roof Eaves 2.4m4 1.6m 1.6m
Terrace Area
TERRACE II
Columns *2m *2m 2m
Roof Eaves *1m 1m 1m
OTHERS1
Columns 2.4m4 2m 2m
Roof Eaves 2.4m4 1m 1m
GCBA
Columns 5.1m4 3m 3m
Roof Eaves 5.1m4 1.6m 1.6m
Bay Window2 / Planter boxes / Minor Decorative Fins / Horizontal Sun-shading Devices
6
TERRACE II NA 2m 2m
OTHERS1
1st/2
nd storey 7m
4 2m 2m
3rd
STOREY 7m4 2.5m 2.5m
GCBA
1st/2
nd storey 7m
4 2.5m 2.5m
Air-conditioner ledges
TERRACE II NA 2m 2m
OTHERS1
1st/2
nd storey 7m
4 2m 2m
3rd
STOREY 7m4 2.5m 2.5m
GCBA
1st/2
nd storey 7m
4 3m 3m
NOTES: 1 Include Terrace I semi-detached houses and bungalows outside GCBA. 2 A bay window is a cantilevered window, and can be allowed within the front setback and 3
rd storey rear and side setbacks (max 500mm
protrusion into the setback distance) if it is raised at least 500mm above the floor slab. The setback is measured from the boundary to the external wall/glass for the bay window. See para 14b below. 3 Applicable for sites fronting category 3 to 5 road. Car porch fronting a category 2 road would be allowed to encroach into the physical buffer but its length should not exceed the standard provision for a car park(5m). 4 Applicable for sites fronting category 3 to 5 road.
5 For site which slopes upward from the road level, ‘basement garage’ if permitted, is to comply with the setback requirement similar to that of a car porch. Applicable only for a car porch with max. width of 3.0m (column to column) facing the road. Additional covered car-porches beyond the 3.0m width are to be set back in accordance with setback requirements for Terrace Area (e.g. 5.1m for front and 3.0m for side/rear are required for additional car porches proposed for GCBA). 6 The horizontal sun-shading devices refer to light weight cantilevered screens for sun-shading purposes without vertical supports, which do not significantly increase the building bulk.
Height of Common Boundary Wall Abutting Car porch/Patio Area for Semi-detached Houses
14a The height of the common boundary wall abutting the car porch/patio area of semi-detached houses can be allowed up to the 1st storey ceiling height.
Bay Windows
14b A bay window is a cantilevered window, and can be allowed within the front setback and 3rd storey rear and side setbacks (max 500mm protrusion into the setback distance) if it is raised at least 500mm above the floor slab. Please refer to examples (a) and (b) in Figure 8.
Figure 8: Examples of Bay Windows in Conventional Housing Estates
REAR GARDEN” LANDED HOUSING
15 The building setbacks for “rear garden” landed housing (land title) allow houses to provide for a larger garden at the rear while having a narrower building setback from the road reserve line (front boundary). The building and car porch setback from the road reserve line is relaxed to 3m and the building setback from the rear boundary shall have a minimum of 7.5m - see Figure 9.
Figure 9: Terrace Houses I (Rear Garden)
16 The various building setbacks for “rear garden” housing are:
FROM ROAD RESERVE LINE (front boundary)
FROM REAR BOUNDARY
FROM SIDE BOUNDARY
Main building 3m 7.5m 2m (1st & 2
nd storey)
3m (3rd
storey)
Carporch 3m - -
Covered terrace - 5.1m -
Roof eaves 1m (applies to roof eaves of the main roof)
- -
17 “Rear garden” housing must be sited within its own enclave or satisfy certain locational criteria within existing or new estates as follows:
(a) within existing estates: houses with the proposed rear garden should form their own enclave to segregate them from the rest of the estate with their own access road. The access road normally takes the form of a cul-de-sac.
(b) within new estates: rear garden landed housing can be allowed within designated areas specially planned or set aside for such housing layout.
18 Since the introduction of the “Rear garden” landed housing guidelines in 19 Apr 1996, a total of eight estates were safeguarded for “Rear garden” landed housing. They are Hong Leong Garden, Clementi Green Estate, Changi Heights, Lasia Avenue, Peach Garden, The Inglewood, Ford Avenue and Yuk Tong Avenue.
REDEVELOPMENT OF LANDED HOUSING ESTATES
19 Well established existing landed housing estates in Singapore are already safeguarded to protect the character of these private housing estates - see Figure 10 (Details on the safeguarded landed housing areas can be found in “The Designated Landed Housing Area Plan ” which is available for browsing at the URA Customer Service Centre).
Figure 10: Designated Landed Housing Areas
20 The existing safeguarded landed housing estates comprise:
(a) Good Class Bungalow Areas; (safeguarded since 1980 and only 2 storey detached houses [bungalows] and strata detached houses [strata bungalows] are allowed)
(b) Bungalow areas; (only detached houses [bungalows] and strata detached houses [strata
bungalows] are allowed) (c) Semi-detached housing areas; (detached houses [bungalows], strata detached houses
[strata bungalows], strata semi-detached houses and mixed strata detached/semi-detached housing are also allowed) and
(d) Mixed landed housing areas (all landed and strata landed housing types are allowed
except for terrace house II which is subject to evaluation).
21 The housing form which can be allowed in these areas are indicated in Figure 11. The other residential areas are for mixed housing like flats, condominiums and any form of landed properties.
Figure 11: Housing Control in Designated Landed Housing Areas
DESIGNATED LANDED HOUSING
AREAS
HOUSING FORMS BUILDING HEIGHT
DETACHED (BUNGALOW)
STRATA DETACHED
(BUNGALOW)
LINKED HOUSES
SEMI-DETACHED
STRATA SEMI-
DETACHED
MIXED STRATA DETACHED/ SEMI-
DETACHED
TERRACE HOUSES I
TERRACE* HOUSES II
STRATA TERRACE
OTHER MIXED STRATA LANDED HOUSING
FLATS**
GOOD CLASS BUNGALOW AREAS
Allowed Allowed Not allowed Not allowed Not allowed Not allowed Not allowed Not allowed Not allowed Not allowed Not allowed 2 storeys (maximum)
BUNGALOW AREAS
Allowed Allowed Not allowed Not allowed Not allowed Not allowed Not allowed Not allowed Not allowed Not allowed Not allowed 2 or 3 storeys depending on prescribed height control SEMI
DETACHED HOUSING AREAS
Allowed Allowed Allowed Allowed Allowed Allowed Not allowed Not allowed Not allowed Not allowed Not allowed
MIXED LANDING HOUSING AREAS
Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Not Allowed
NOTES: * Subject to evaluation ** Include condominium
GOOD CLASS BUNGALOW AREAS (GCBA) 22 There are 39 GCBAs comprising prime residential land safeguarded for good class bungalows -
see Figure 12. These bungalows have a minimum plot size of 1400m², site coverage control of 35% and their own setback requirements which are different from other smaller bungalow developments.
Figure 12: Good Class Bungalow Areas
The following are Good Class Bungalow Areas (GCBA)#
1 Belmont Park 21 Gallop Road / Woollerton Park
2 Bin Tong Park 22 Garlick Avenue
3 Binjai Park 23 Holland Park
4 Brizay Park 24 Holland Rise
5 Bukit Sedap 25 Kilburn Estate
6 Bukit Tunggal 26 King Albert Park
7 Caldecott Hill Estate 27 Leedon Park
8 Camden Park 28 Maryland Estate
9 Chatsworth Park 29 Nassim Road
10 Chee Hoon Avenue 30 Oei Tiong Ham Park
11 Chestnut Avenue 31 Queen Astrid Park
12 Cluny Hill 32 Raffles Park
13 Cluny Park 33 Rebecca Park
14 Cornwall Gardens 34 Ridley Park
15 Dalvey Estate 35 Ridout Park
16 Eng Neo Avenue 36 Swiss Club Road
17 Ewart Park 37 Victoria Park
18 First / Third Avenue 38 Windsor Park
19 Fort Avenue 39 White House Park
20 Fourth / Sixth Avenue
NOTE: # refer to Figure 12.1
Figure12.1: Bungalow Areas
SUBDIVISION OF CONSERVED BUNGALOW LOTS IN GCBA
23 Subdivision of conserved bungalow lots in GCBAs is allowed. Site containing one or more conserved bungalows can be subdivided into smaller standard bungalow plots (1400m²) such that the conserved bungalow plot occupies larger than 1400m². The larger plot area for this conserved bungalow plot can be offset against another contiguous bungalow plot provided the two together shall not be less than 2800m². The number of deficient plots to be allowed shall depend on the number of conserved bungalows on the site.
24 In carrying out the subdivision, the following criteria must be met:
(a) the lot to be subdivided must be at least 2800m² (after setting aside for road widening/DR etc);
(b) the deficient plot (i.e. <1400m²), if any, is not less than 1000m²; (c) the total of the deficient plot size and the plot size of the conserved bungalow must not be
less than 2800m² (after setting aside for road widening/DR etc); (d) the deficient plot must be contiguous with the conserved bungalow plot; and (e) the proposed new bungalows and the conserved bungalows shall comply with the
requisite site coverage and setback requirements.
25 Figure 13 illustrates a subdivision involving a deficient plot. Figure 14 shows the situation of 1 conserved bungalow on a plot >1400m² with 2 proposed deficient plots which cannot be allowed because only one residue plot with deficient plot size is allowed for each conserved bungalow.
Figure 13: Subdivision of Conserved Bungalow Lots in GCBA (allowable situation)
Figure 14: Subdivision of Conserved Bungalow Lots in GCBA (not allowable situation)
REDEVELOPMENT OF EXISTING SEMI-DETACHED HOUSE OR TERRACE HOUSE
26 With the relaxation of plot sizes for bungalows and semi-detached houses in 1991. The planning authority has received planning applications for redevelopment of existing semi-detached and terrace houses into more units or other housing forms. To optimise land use, these redevelopments are generally allowed if they can satisfy the planning guidelines. House owners making the change are advised to inform their immediate neighbours of their approved plans as early as possible and to seek their cooperation and understanding to minimise inconvenience to both parties.
27 The conditions for redevelopment are as follows:
(a) From Semi-detached to Bungalow or a new pair of Semi-detached Houses
A semi-detached house with a plot size of 400m² and a plot width of 10m can be developed into a bungalow provided the plot size of the remaining semi-detached unit is capable of being redeveloped into a new bungalow (minimum plot size 400m2, width 10m). In areas where semi-detached houses are allowed, the semi-detached house with a plot size of 400m² can be developed into a pair of new semi-detached houses if the plot width is 16m or more provided the plot size of the remaining semi-detached unit is also capable of being redeveloped into a new bungalow (minimum plot size 400m2, width 10m) or a new pair of semi-detached units (minimum plot size 400m2, width 16m). On redevelopment of one of the semi-detached houses, the remaining semi-detached house can be retained or be redeveloped into a bungalow provided the plot size is large enough and the plot width is not less than 10m. -see Figure 15.1.
(b) From Terrace House to Bungalow or Semi-detached House
A corner terrace house plot can be redeveloped into a detached or a new pair of semi-detached houses if it can comply with the minimum plot width and size, and provided the adjoining terrace plot has 8m plot width and 200m2 plot size. For intermediate terrace houses built in the past with wide frontage and large plot size, any unit in a row of these
houses can be redeveloped to other landed housing forms if the plot size and width are sufficient to allow the change, and provided the adjacent affected unit (from which it is detached ) has a minimum plot size of 200m² and width of 8m (i.e. capable of being rebuilt into a corner unit in future). For example, the 2nd unit in a row can detach itself from the 3rd unit and pair up with the last unit to form a pair of semi-detached houses or it can detach from the corner house and itself becomes a corner terrace house - see Figure 15.2 & 15.3.
(c) From Semi-detached to Terrace Houses
In areas not designated for bungalows or semi-detached, joint redevelopment of a pair of semi-detached houses into terrace houses is allowed if it can comply with the minimum plot width and size for terrace houses. The redevelopment of a semi-detached house into terrace houses abutting an existing semi-detached house is not allowed so as not to downgrade the remaining semi-detached unit to a corner terrace house and limit its redevelopment potential - see Figure 15.4.
28 For all redevelopments which leave an existing party wall bare and exposed, the person undertaking the redevelopment must do the following:
(a) plaster and paint the exposed blank wall and neaten any exposed roof of the remaining semi-detached house or terrace house as soon as the existing building(s) on the subject site is demolished;
(b) allow the adjacent owner access to the site to maintain or repair the roof and the exposed blank wall of the remaining semi-detached house or terrace house;
(c) submit to the Building and Construction Authority, an engineer’s certification of the structural stability of the remaining unit.
29 While the detachment of a building from an existing party is allowed under the conditions stated
above, the creation of a new blank party wall at the common boundary for a new house is not allowed (unless it is in accordance with an approved street block plan). See Figure 15.5
30 After the adjoining semi-detached house is redeveloped into other allowable housing forms, the previously approved remaining semi-detached unit can remain as approved. However, taking into the consideration the allowable redevelopment of a unit of a pair of semi-detached house into other housing forms, a semi-detached house is thus defined as :
(a) a dwelling house partially attached on one side to any number of other units. This includes semi-detached bungalow houses and semi-detached terrace houses(also known as corner terrace) or
(b) a dwelling house abutting the common boundary as a result of the adjoining unit being demolished or redeveloped into other housing forms.
Figure 15.1: Redevelopment of Existing Semi-detached House to Bungalow or Semi-detached
House*
NOTES: *These figures show the guidelines pertaining to landed housing located within safeguarded landed housing areas. For existing or proposed landed housing in non-safeguarded landed housing areas, please refer to the guidelines on ‘Site Area’ under Flat and Condominium Developments.
Figure 15.2: Redevelopment of Existing Intermediate Terrace House to Bungalow, Semi-
detached and Corner Terrace
NOTES: These figures show the guidelines pertaining to landed housing located within safeguarded landed housing areas. For existing or proposed landed housing in non-safeguarded landed housing areas, please refer to the guidelines on ‘Site Area’ under Flat and Condominium Developments.
Figure 15.3: Redevelopment of Existing Intermediate Terrace House to Bungalow, Semi-
detached and Corner Terrace
NOTES: These figures show the guidelines pertaining to landed housing located within safeguarded landed housing areas. For existing or proposed landed housing in non-safeguarded landed housing areas, please refer to the guidelines on ‘Site Area’ under Flat and Condominium Developments.
Figure 15.4: Redevelopment of Existing Semi-detached House to Terrace House
NOTES: These figures show the guidelines pertaining to landed housing located within safeguarded landed housing areas. For existing or proposed landed housing in non-safeguarded landed housing areas, please refer to the guidelines on ‘Site Area’ under Flat and Condominium Developments.
Figure 15.5: Redevelopment of Existing Bungalow to Terrace Houses
MARGINAL DEFICIENCY IN PLOT WIDTH FOR IRREGULAR-SHAPED LANDED HOUSING PLOTS
31 Semi-detached and corner terrace houses on irregular-shaped landed housing plots within existing landed housing estates can be allowed marginal deficiency in plot width provided the following criteria is satisfied:
(a) the average width of the subject plot with the deficient plot width is to be at least 8m. This is to ensure that the resultant buildable footprint allows for a meaningful layout;
(b) the absolute minimum plot width for the subject plot at the narrowest side is to be 4.0m; (c) the plot with the deficient plot width must comply fully with the minimum plot size of 200 sq
metres and all other development control guidelines e.g. setback, road buffer, etc; and (d) the deficiency in plot width is to be confined to one plot per development on an in-fill site (i.e.
all other plots within the same development must comply fully with the minimum plot width).
32 Figure 15.6 provides examples of irregular-shaped plots to illustrate the criteria above.
Figure 15.6: Examples of Irregular-shaped Plots Where Marginal Deficiency in Plot Width Can Be
Allowed
LANDED HOUSING ON ODD-SHAPED PLOTS
33 The front setback requirement for corner terrace, semi-detached and detached houses on existing odd-shaped plots (e.g. triangular or elongated with long road frontage and shallow depth) are more relaxed than regular plots. This is because the buildable footprint of such plots with long road frontage will be severely constrained if the standard 7.5m buffer requirement from the road is applied. The standard front setback of 7.5m will apply for a width of 8m, measured from the common boundary line with the adjoining neighbour. Beyond the 8m width, a reduced front setback of 2m is allowed. Refer to Figure 16.1 for illustration. All other controls such as the setback of car porch follow the guidelines for landed housing. This relaxed setback does not apply to proposals where the odd-shaped plot is created out of further subdivision of land for 2 or more units (refer to Figure 16.2a). The criteria to qualify for the more relaxed front setback for such plots are:
(a) constrained site where the resultant building footprint cannot achieve a meaningful layout
after complying with the standard 7.5m road buffer requirement; (b) the odd-shaped configuration is an existing plot configuration and not created by
subdividing regular or less regular-shaped plots (refer to Figure 16.2b); (c) the odd-shaped site fronts a minor road (i.e. category 4 or 5); (d) the site is not in a good class bungalow area.
Figure 16.1: Setback Requirement for Odd-Shaped Landed Housing
Minor Road (Cat 4 or 5)
Original lot
Minor Road (Cat 4 or 5)
Subdivided plots
A B
Remarks: Newly created constrained plot does not qualify for the reduced front setback
Figure 16.2a: Example of sites that cannot qualify for the reduced front setback
Figure 16.2b: Example of Sites That Cannot Qualify For the Reduced Front Setback
DEFINITION OF “ADDITIONS & ALTERATIONS’’ VERSUS “RECONSTRUCTION’’ OF LANDED DWELLING HOUSES
34 To qualify as an “Additions & Alterations’’ to a landed dwelling house, the following criteria must be complied with:
(a) the proposed additional gross floor area does not exceed 50% of the approved gross floor area;
(b) the external walls that are to be removed and replaced with new walls do not exceed 50%
of the approved external walls; (c) structurally changes to the existing landed dwelling house such as replacing or
constructing new columns/beams and reconstructing existing floor slabs do not exceed 50% of the existing;
(d) changes/replacement of entire roof, regardless of increase in height as long as it does not
involve an additional storey; (e) addition of an attic provided the increase in GFA is less than 50%;
Proposals that do not comply with any of the above criteria are considered as “Reconstruction’’. The following works are deemed as reconstruction regardless of whether the works exceed 50% of the existing building:
(a) Increase in storey height – Changes/replacement of any part of the roof when it involves
an additional storey (b) Change in housing form – Works which result in a change to the landed dwelling house
form, for example, from semi-detached house to detached house.
8 Shenton Way
#26-01 Temasek Tower
Singapore 068811
Main: (65)6323 9829
Fax: (65)6323 9937
Website: www.sla.gov.sg
A Statutory Board of the Ministry of Law
THE DIFFERENTIAL PREMIUM SYSTEM
1 With effect from 31 Jul 2000, the Singapore Land Authority has implemented
a transparent system of determination of differential premium (DP) for the
lifting of State title restrictions involving change of use and/or increase in
intensity. This is to encourage optimisation of land use and to facilitate the
overall pace of redevelopment in Singapore. It will also provide greater
certainty to landowners who will now be able to compute the DP payable
themselves.
2 The determination of DP will be based on the published Table of
Development Charge (DC) rates. The material date of determination of DP
will be pegged to the date of Provisional Planning Permission (PP) or the
date of the second and subsequent PP extensions, similar to DC. The
prevailing Table of DC rates at the date of grant of PP will be used.
3 In addition, where tenure of the land is leasehold, the DC rates will be
adjusted to reflect the residual tenure of the land. In this regard, a
Leasehold Table, which expresses the value of the residual tenure as a
percentage of freehold value, will be applied to the DC rates to determine
the DP payable. A copy of the Leasehold Table is at Appendix 1.
4 Where the use as spelt out in a particular title restriction does not fit into any
of the Use Groups in the Table of DC Rates, the DP payable will be
determined by the Chief Valuer on a case-by-case basis.
5 The current system will not be applied retrospectively to past cases where
the offers have already been accepted prior to 31 July 2000.
6 As the material date for determination of DP is pegged to the PP date, all
applications for lifting of title restriction must have a valid PP. Applications
without a valid PP will be rejected. The Singapore Land Authority reserves
the discretion on whether to grant an application for lifting of title restriction
and/or topping up of lease in accordance with its policies.
7 Examples of how DP will be determined under the new system are at
Appendices 2, 3 and 4.
8 The new system for determining DP does not apply to the computation of
premium payable for the upgrading of lease tenure (i.e. the topping-up of
lease tenure). Such premium will still be assessed by the Chief Valuer on a
case-by-case basis..
9 If you have any queries concerning this circular, please feel free to contact
us at SLA. We will be please to answer queries on this matter.
Appendix 1
TABLE SHOWING LEASEHOLD VALUES AS A PERCENTAGE OF FREEHOLD VALUE
Term of
Years
Percentage
(%) of
Freehold
Value
Term of
Years
Percentage
(%) of
Freehold Value
Term of
Years
Percentage (%)
of Freehold
Value
1 3.8 34 63.7 67 84.2
2 7.5 35 64.6 68 84.5
3 10.9 36 65.4 69 85.4
4 14.1 37 66.2 70 86.0
5 17.1 38 67.0 71 86.5
6 19.9 39 67.7 72 87.0
7 22.7 40 68.5 73 87.5
8 25.2 41 69.2 74 88.0
9 27.7 42 69.8 75 88.5
10 30.0 43 70.5 76 89.0
11 32.2 44 71.2 77 89.5
12 34.3 45 71.8 78 90.0
13 36.3 46 72.4 79 90.5
14 38.2 47 73.0 80 91.0
15 40.0 48 73.6 81 91.4
16 41.8 49 74.1 82 91.8
17 43.4 50 74.7 83 92.2
18 45.0 51 75.2 84 92.6
19 46.6 52 75.7 85 92.9
20 48.0 53 76.2 86 93.3
21 49.5 54 76.7 87 93.6
22 50.8 55 77.3 88 94.0
23 52.1 56 77.9 89 94.3
24 53.4 57 78.5 90 94.6
25 54.6 58 79.0 91 94.8
26 55.8 59 79.5 92 95.0
27 56.9 60 80.0 93 95.2
28 58.0 61 80.6 94 95.4
29 59.0 62 81.2 95 95.6
30 60.0 63 81.8 96 95.7
31 61.0 64 82.4 97 95.8
32 61.9 65 83.0 98 95.9
33 62.8 66 83.6 99 96.0
APPENDIX 2EXAMPLE 1
COMPUTATION OF DIFFERENTIAL PREMIUM FOR CHANGE OF USE
Location : Upper Bukit Timah Road
Land Area : 5,000 sq m
Tenure : 99-year lease commencing from 1 Jan 1980
(unexpired term of lease remaining: 78+ years)
Restriction in title : Industrial GPR 2.5
Proposed Use : Residential GPR 1.4
DP COMPUTATION
Prevailing DC Table : Mar 2000 DC Table
Sector : 113
Leasehold value as percentage
of Freehold Value : 90%
Base Value
Use Group : Group D
DC Rate : $600/-
Base GFA : 12,500m2 (5,000m2 x 2.5)
Base Amount : $6,750,000 (12,500m2 x $600 x 90%)
Proposed Value
Use Group : Group B2
DC Rate : $1,600/-
Proposed GFA : 7,000m² (5,000m² x 1.4)
Proposal Amount : $10,080,000 (7,000m² x $1,600 x 90%)
Differential
Premium : $3,330,000 (Proposal Amount - Base Amount)
APPENDIX 3EXAMPLE 2
COMPUTATION OF DIFFERENTIAL PREMIUM FOR INCREASE IN INTENSITY
Location : Shenton Way
Land Area : 6,500 sq m
Tenure : 99-year lease commencing from 1 Feb 1978
(unexpired term of lease remaining: 77+ years)
Restriction in title : Commercial GPR 7.0
Proposed Use : Commercial GPR 7.3
DP COMPUTATION
Prevailing DC Table : Mar 2000 DC Table
Sector : 9
Leasehold value as percentage
of Freehold Value : 89.5%
Base Value
Use Group : Group A
DC Rate : $3,000
Base GFA : 45,500m² (6,500m² x 7.0)
Base Amount : $122,167,500 (45,500m2 x $3,000/- x 89.5%)
Proposed Value
Use Group : Group A
DC Rate : $3,000/-
Proposed GFA : 47,450m² (6,500m² x 7.3)
Proposal Amount : $127,403,250 (47,450m² x $3,000 x 89.5%)
Differential
Premium : $5,235,750 (Proposal Amount - Base Amount)
APPENDIX 4EXAMPLE 3
CASE INVOLVING CHANGE OF USE AND UPGRADING OF LEASE TENURE
Location : Upper Bukit Timah Road
Land Area : 5,000 sq m
Existing Tenure : 99-year lease commencing from 1 Jun 1950
(unexpired term of lease remaining: 49+ years)
Proposed Tenure : Fresh 99-year lease
Restriction in title : Industrial GPR 2.5
Proposed Use : Residential GPR 2.8
2-STEP APPROACH –
Step 1 - Computation of differential premium for change of use from industrial GPR
2.5 to residential GPR 2.8 with 49 years remaining.
Step 2 - Assessment of upgrading premium for topping up of existing tenure from 49
years to 99 years based on residential GPR 2.8.
STEP 1
COMPUTATION OF DIFFERENTIAL PREMIUM FOR CHANGE OF USE FROM
INDUSTRIAL GPR 2.5 TO RESIDENTIAL GPR 2.8 WITH 49 YEARS REMAINING
Prevailing DC Table : Mar 2000 DC Table
Sector : 113
Leasehold value as percentage
of Freehold Value : 74.1%
Base Value
Use Group : Group D
DC Rate : $600/-
Base GFA : 12,500m2 (5,000m2 x 2.5)
Base Amount : $5,557,500 (12,500m2 x $600 x 74.1%)
Proposed Value
Use Group : Group B2
DC Rate : $1,600/-
Proposed GFA : 14,000m² (5,000m² x 2.8)
Proposal Amount : $16,598,400 (14,000m² x $1,600 x 74.1%)
Differential
Premium : $11,040,900 (Proposal Amount - Base Amount)
STEP 2
ASSESSMENT OF UPGRADING PREMIUM FOR TOPPING-UP OF EXISTING TENURE
FROM 49 YEARS TO 99 YEARS BASED ON RESIDENTIAL GPR 2.8
Chief Valuer will assess the market value of the 99-year lease based on residential use at
GPR 2.8. Assuming valuation is at $50,000,000/-
Leasehold Table
Value of 99 years as percentage
of Freehold Value : 96%
Value of 49 years as percentage
of Freehold Value : 74.1%
Premium for 49-year tenure : ($50,000,000 / 96%) x 74.1% = $38,593,750
Upgrading premium : $11,406,250 ($50,000,000 - $38,593,750)
Competency Unit 2.2: Law of Agency
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Learning Outcomes (Cognitive Level- 3) 01
1. Creation of Agency Relationship 02
1.1 Agency by agreement 03
1.2 Agency by Estoppel 03
1.3 By Ratification 04
2. Exclusive Vs Non-exclusive Agency 05
3. Agency as a Contract Uberrimae fidei 06
4. Agent’s Authorities 09
5. Rights and Duties between Principal and Agent 10
6. Termination of Agency relationship 11
7. Remedies for Breach of Duties by Principle, Agent or Third Party 12
Ver. 17.2.1
Competency Unit 2.2: Law of Agency
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1. Creation of agency
An agent is a person who, through the authority conferred upon him by his principal, is empowered to establish legal relations on his principal’s behalf with a third party.
However, a real estate agent (salesperson) normally has no authority to enter into a contract of sale on behalf of the seller unless he has actual authority to do so. For example: A salesperson is authorised by his client to manage his property during his absence by appointing him (the salesperson) as his “power of Attorney”.
A “Power of Attorney” is a document in the form of a deed by which a person (donor) appoints and authorizes another person (donee) as agent to act on his behalf in respect of certain matters.
Power of attorney used for real estate transactions in Singapore are regulated by the applicable property legislation – Conveyancing and Law Property Act, Cap 61, Sec 4 & 5.
Generally, real estate salesperson is to introduce purchasers (*) to property on sale or tenants to property for rent and only has authority to make some representations or to give information about the property. (*) can also be vendor, landlord or tenant
The agency relationship between an estate agent (salesperson) and property owner (vendor or landlord) can be created in the following manners:
1) By agreement – Expressed or implied
2) By estoppel
3) By ratification
Competency Unit 2.2: Law of Agency
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1.1 Agency by agreement
This is basically a contractual relationship whereby the principal authorises the salesperson to act on his behalf and the salesperson agrees to do so. Thus the salesperson has actual authority to represent the principal as an agent. Such agreement may be:
Expressly created by way of a legally binding written or oral contract entered into between the parties.
Written contract can be understood as either exclusive or non-exclusive agreement signed between vendor (*) of property and his agent who is the real estate salesperson(s). Whereas oral contract would be a vendor calling a real estate salesperson asking him to help marketing his property by providing details of his property and arrangement for the salesperson to access the property, and he also agrees to pay the salesperson commission upon the successful transaction. (*) can be purchaser, landlord or tenant
Implied by action or behaviour of the parties.
Example 1A:
A salesperson brought a prospective buyer to view vendor’s property on an “open listing”, and propose to the vendor to pay him a commission if the sale is successful. The vendor did not object. Or a salesperson asked for permission to advertise the vendor’s property for sale and consent was given.
1.2 Agency by Estoppel
An agent has no actual authority prior to the agent’s act; but the principal has in some way held out to the third party that the salesperson has his authority to act. If the salesperson acts within his “apparent authority” or “ostensible authority” as an agent, his action will bind the principal to the third party.
Example 1B:
A leads B to think that C who is a real estate salesperson is A’s agent, and has certain authority to act on his behalf. B subsequently enters into a contract with C thinking that C represents A. A is stopped from disclaiming the agency and has to be bound by the contract signed.
Agency by estoppel does not give rise to a real agency relationship between the principal and the salesperson. It merely protects the third party who has dealt with the salesperson in reliance on the principal’s representation.
Competency Unit 2.2: Law of Agency
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1.3 By Ratification
The process through which a principal retrospectively confirms or ratifies an agent’s act; binding the principal to the third party as if the agent had actual authority to do so in the first place.
The effect of ratification is to grant retrospectively to the agent authority to act on behalf of the principal. It follows that the salesperson will be deemed to have had actual authority for his act with effect from the date of such act and not on the date of ratification so that the salesperson’s act will bind the principal.
Example 1C:
A salesperson whose exclusive agreement to sell a property has expired, continue to market the property and eventually collected an option fee for the purchase from a prospective buyer, and the vendor accepted such option fee and issued an option to purchase to the buyer. The vendor will be deemed to have ratified the contract.
In order for ratification to be valid, the following condition must apply:
1. Principal must be named or identified (the agent acted on behalf of the principal not himself)
2. Principal must exist when contract made
3. Principal must have capacity
4. Must be done within reasonable period.
5. The ratification must apply to the entire contract and not partial.
NOTE: Illegal contract cannot be ratified.
Table show the differentiation of Estoppel and Ratification
Estoppel Ratification P caused 3rd party to believe Agt no authority, continue to act and P
adopts and accept acts of agt P acts P acts Agt no authority (not expressed) Agt no authority (not expressed) P actions lead 3rd party to conclude P is prevented (estopped) from denying that the agt was truly acting for the P
P actions confirm agreement between agt and P
Principal confirms the agency contract
Principal confirms the third-party agreement
Competency Unit 2.2: Law of Agency
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2. Types of agency agreements
There are 2 types of estate agency agreements recognized by the Council for Estate Agencies (CEA) namely the exclusive and non-exclusive:
Exclusive Agency
In an exclusive appointment, clients agreed not to appoint any other agent during the validity period normally three months but negotiable.
Once an exclusive agency agreement is signed, the clients have entered into an exclusive agreement with the estate agent, and they will be liable to pay commission to the estate agent even if the property were bought, sold or rented by the clients themselves directly or through another agent during the validity period.
Non-exclusive Agency
In a non-exclusive appointment, clients can appoint more than Estate Agent to market and sell their properties or to source for properties.
The signing of non-exclusive agency agreement does not confine the clients to selling, buying or renting properties through any estate agent or salesperson.
The clients are free to transact properties on their own without obligation to paying any salesperson as the salespersons earn commissions from successful transactions and only receive payment after the transaction is completed.
NOTE: There are currently eight prescribed estate agency agreement forms where four are for exclusive and another four for non-exclusive for representing Landlord/ Tenant/ Vendor/ Purchasers in their acquisition or disposition of their respective needs.
Estate Agents and /or Salesperson are encouraged to use the Prescribed Form as sec 44 of EAA state that if the Estate Agents does not use an applicable prescribe estate agreement form, his right to claim against h i s client will be affected.
Competency Unit 2.2: Law of Agency
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3. Agency as a contract uberrimae fidei
“Uberrimae fidei” is a Latin phrase meaning "utmost good faith" (literally, "most abundant faith"). Uberrimae fidei contracts are made in utmost good faith. There is no concealment or deception in such contracts. If one of the parties to a contract has a special knowledge as in this case the real estate agents/salespersons must disclose such knowledge relevant to the contract.
The contract for sale and purchase of property between the Seller and Buyer is NOT a contract uberrimae fidei.
In order for an estate agent (salesperson) to effectively market properties for his principal and be paid accordingly, he must observe the following contractual duties owed:
To act and perform the contract of agency
Act and perform his contracted duty e.g. to sell the property for his principal which he has been commissioned to do with utmost good faith.
To follow all lawful instruction given by the principal
Carry out his principal's lawful instructions, unless he is acting “gratuitously” (i.e. without receiving consideration).
To exercise reasonable care and skills
Exercise reasonable care and skills in the performance of his duties. The degree of skill expected of him depends on the circumstances.
More skill is expected of a professional person than of a layman who merely advises a friend. If a payment is made, this will also be taken into account in assessing the care and skill expected.
To act personally and not delegate to others
Since the agency relationship is based on the confidence the principal places on the salesperson to act as his agent, the salesperson cannot delegate his duties to another person without the prior consent of his principal.
Any action of sub-agent, whose appointment has not been authorised is the responsibility of the appointed agent, and he may be liable for having breach his duty not to delegate.
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Besides contractual duties mentioned, real estate agents/salespersons are playing an intermediary role between their principals and third parties. The principals place them in a position of trust and the law is concerned that they do not abuse that trust. In addition to those contractual duties or obligations set forth in any agency agreement, Real Estate Agent and/or Salesperson must act in “utmost good faith” and for the benefit of their principals involving the following cluster of duties and responsibilities known together as “fiduciary duties”.
Act honestly
To protect their principal’s interest at all times.
Avoid conflict of interest
Not to let their own personal interests conflict with their duty to their principal - in Armstrong v Jackson (1917), P employed D, a stockbroker, to buy some shares for him. In fact, D sold his own shares to P. It was held that P could rescind the contract. D’s interest a seller himself was to sell the shares at the highest possible price, whereas his duty as an agent to P the buyer was to buy the shares at the lowest possible price - clearly a conflict of personal interest and duty.
Not to make secret profit
Not make secret profit at the expense of their principal - in Lucifero v Castel (1887), an agent was appointed to purchase a yacht for his principal bought the yacht himself and then sold it to the principal at a profit. It was held that the agent must pay the profit to the principal even if the principal could not have earned the profit himself.
Confidentiality
Disclose anything about principals without their express consent would not be in keeping with the agents’ loyalty requirement.
Proper Management of clients’ money
Not mix their own financial affairs with those of their principals, for example by mixing money received on behalf of their principal into their own account. They must render proper accounts to their principals when required.
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Disclosure
Disclose material facts to their client. Material facts are those that, if known by the buyer or seller, might have caused them to change their purchase or sale actions.
Beyond that, the fiduciary duty of disclosure would include just about any knowledge the agents had that might benefit their clients in the process or influence clients’ decision in a transaction.
Real estate agents/salespersons breach of contractual and fiduciary duties often resulted in tort of negligence and economic losses may be suffered by their principals. The principals may seek any of the following actions to claim remedies from their salespersons:
Rescission of contract
Forfeiture of commission payable
Damages claim
Report to the authority for disciplinary action
NOTE: In order to uphold the highest standard of fiduciary duties, agents/salespersons have to abide strictly with the Code of Ethics and Professional Client Care as stipulated in the 1st Schedule of Estate Agent (Agency Work) Regulations, 2010 an all CEA Practice Guidelines including Professional Service Manual.
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4. Agent’s duties and authorities
Duties
In delivering professional service and discharge their duties and responsibilities dutifully, Real Estate Agent / Salesperson must conduct themselves and their business by complying with the following:
Act in the best interest of the client;
Act in accordance with the lawful instructions of the client;
Act only within the scope of the authority given by the client;
Advise the client to seek independent professional advice on matters outside the expertise of the estate agent or salesperson;
Maintain the confidentiality of information respecting the client;
Disclose to the client all material information in respect of the real estate services and the property to which the services relate;
Communicate all offers or expressions of interest to the client in a timely, objective, and unbiased manner;
Make reasonable efforts to discover relevant facts in respect of any real estate that the client is considering acquiring or disposing (of);
Take reasonable steps to avoid any conflict of interest or potential conflict of interest; and
Promptly and fully disclose to the client any conflict or potential conflict of interest that does arise.
Authorities
Real estate Agent / Salesperson is to introduce purchasers to property on sale or tenants to property for rent and only has authority to make some representations or to give information about the property. They are not allowed to:
Sign any contract or document on behalf of their principal unless actual authority is granted by means of Power of Attorney.
Accept deposit on behalf of their principal unless expressly authorised.
Receive any money or deposit in their own names.
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5. Rights and Duties between Principal and Agent
An Estate Agent / Salesperson are entitled to the following implied rights which may be varied by agreement between the parties. Very often, the extent to which these rights are enforceable hinges very much on the interpretation of “commission” clauses in the agency agreement.
Right to remuneration
Most typically, the remuneration due to an estate agent or a salesperson will be in the form of commission or a service fee. It is presumed the agent will be paid accordingly to the agreed fee (either fixed or in a percentage to the transaction price) for the service rendered within the scope of ability and skills upon successful completion of a transaction. In other words, if the agent fails to close a deal, he gets no fee.
To justify for the rights, an Estate Agent / Salesperson have must satisfy the following conditions:
The person introduced by the agent to the principal must actually enter into a legal binding contract to purchase or lease the property.
The transaction must be successfully completed.
The Estate Agent / Salesperson must be the effective cause of the transaction. This means it is through the agent’s services that the transaction is successfully concluded or completed.
Right to reimbursement
In general, Estate Agent / Salesperson have the right to be reimbursed by his principal for any expenses incurred unless the parties agreed otherwise.
Right to indemnity
The Estate Agent / Salesperson to be indemnified by the principal for any losses or liabilities suffered while discharging his duty.
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6. Termination of agency
Termination of agency relationship can be categorized under two broad categories:
Act of parties
Mutual agreement
When both parties agree to terminate the contract at any time.
Expiration
This happens when the agency contract expires and no renewal was done.
Fulfillment of terms / Performance
This is the most ideal situation when both parties performed their respective contractual obligations.
Revocation by principal
The principal revoking the agent’s authority. For example, the principal appointing another salesperson with exclusive rights to market his property and revoke the rights of all other non-exclusive salespersons.
Renunciation by agent
On the contrary, the agent may also renounce the agency. For example, a salesperson stopped advertising for his principal when he realizes his principal has appointed other salesperson with exclusive marketing rights.
Operation of law
Frustration – If the agency is created with a particular subject-matter in mind, for example to sell a property, the destruction of the subject-matter, i.e. the subject property, the agency will be terminated through the principle of frustration of contract.
Examples
A) Act of God – property is destroyed by nature calamity
B) Compulsory Acquisition
C) Event beyond control
Incapacity of either party – This happens when either party becomes incapable, e.g. death, bankrupt or mentally incompetent.
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7. Breach of Warranty of Authority
All agents who act for principals warrant to the third parties that that they are properly authorised so to act on behalf of their principals. Such a warranty is usually implied although an expressed warranty is sometimes sought by third parties. The basis for this principle is that, each time an agent (whether with actual authority or not) claims to act for the benefit of another person, he makes a representation to the third party that he has been properly authorised.
If the agent was not authorised to represent, and the principal refuses to ratify the agency relationship, the third party may bring a claim against the agent for any damages that the third party may have suffered from the agent’s lack of authority.
Breach of warranty of authority shall apply when an agent acts beyond the scope of his authority.
This means that even where an agent has apparent authority, the third party should in principle be entitled to sue the agent for breach of warranty of authority.
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