Singapore legislation
Section 18
Section 18
Private persons constructing new streets
(1)
Every person who intends to construct any new street must give written notice thereof to the Authority, accompanied by —
a plan submitted by a civil engineer who is registered as a professional engineer with a valid practising certificate under the provisions of the Professional Engineers Act 1991 showing the intended level and construction of the street and the level of the houses to be built on land abutting upon it and the proposed manner of draining it;
a statement whether the street is intended to be a carriage road or intended for foot traffic only;
a certificate by an accredited checker in respect of the plans relating to the structural elements of the street works stating that, to the best of the accredited checker’s knowledge and belief, the plans so checked do not show any inadequacy in the key structural elements of the street to be constructed or affected by street works carried out in accordance with those plans; and
such other documents as may be prescribed,in order that the plan may be approved by the Authority subject to compliance with such directions as may be given under subsection (3).
(2)
The Authority must not approve the detailed plans of any new street unless —
the competent authority has first given written permission for the use of the land for this purpose under the Planning Act 1998; or
the use of the land for this purpose has been authorised under section 21(6) of the Planning Act 1998.
(3)
The Authority may give written directions to the person submitting a plan for a new street with regard to any of the following particulars:
compliance with this Act and any regulations made under this Act;
the line of the new street, so as to ensure that it forms a continuous street with any existing or proposed street;
the level, material and construction of the new street;
the provision of footways and the size, specification and gradient of such footways;
the provision along the length of the new street of intersecting streets or backlanes;
the width of the new street;
the width of any intersecting street or backlane, which must be of such width as the Authority may require;
the connection between the new street and other streets;
the gradients, levels and mode of drainage of the new street and of any intersecting streets or backlanes;
the rounding of the corners of the new street;
the provision of culverts and the size, specification and gradient of such culverts;
the provision of street lighting;
the planting of trees.
(4)
The person to whom any such written directions are so given must amend the plan accordingly.
(5)
The person whose plan has been approved by the Authority and each successor in title of that person, so far as the street lies in the land acquired by that person, must lay out the new street and demarcate its boundaries by such boundary stones or other marks as are considered sufficient by the Authority to denote the length, width and alignment of the street.
(6)
If the new street has not been laid out and demarcated within the period of 6 months from the date when the plan was approved by the Authority, the Authority or any officer authorised by the Authority may enter upon the land and demarcate the boundaries of the new street at the expense of the person whose plan has been approved or of the person’s successor in title.
(7)
Any person who removes, defaces or injures any stone or mark set to denote the length, width or alignment of such new street shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
(8)
The person whose plan has been approved by the Authority or the person’s successor in title so far as the street lies in the land acquired by the successor must, if that person or that person’s successor in title constructs the new street, construct it in accordance with the plans approved by the Authority within such period as may be specified in the approval.
(9)
The Authority may renew its approval under subsection (8) for such period as it may consider necessary.
(10)
Where a person —
constructs any new street otherwise than in accordance with a plan approved by the Authority under this section;
erects any building on land abutting on a new street which has not been laid out in accordance with a plan so approved;
without the consent in writing of the Authority erects any building in such manner that any part thereof is within the area laid out as a street reserve for any street by the competent authority; or
constructs any culvert on the line of the new street drainage otherwise than in accordance with the plans and specifications approved by the Authority,the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, and the Authority may make an order (which is deemed to be a mandatory order for the purposes of section 35) against the offender requiring the offender to execute any of the following works:
to alter the street;
to alter any building so built;
to remove any building so built;
to alter or remove any culvert so constructed.
(11)
Where any new street is stated to be intended for foot traffic only, the Authority may impose such conditions as it thinks fit for ensuring that the street is not used as a carriage road.
(12)
Any person who keeps open or uses such street in breach of any condition imposed under subsection (11) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during or on which the offence continues or is repeated.
(13)
A person must not erect or maintain or permit to be erected or maintained any obstruction in any such street, and the Authority may, where any such obstruction exists, take down and remove the obstruction.
(14)
In this section, “new street” is deemed to include —
the continuation of an existing street;
the widening or alteration of any existing street; and
the adapting of a street made for foot traffic only for carriage traffic.
(15)
If the person giving a notice under subsection (1) is dissatisfied with any requisition or disapproval by the Authority, the person may appeal to the Minister whose decision is final.
(16)
Subject to subsection (17), if the Authority does not, within 2 months from the delivery of a notice and the plan under subsection (1) or of the date of the resubmission of the plan amended pursuant to subsection (4) (as the case may be) approve the plan, the plan is deemed to be approved unless the Authority has previously disapproved it.
(17)
Nothing in subsection (16) is to be construed as exempting the person submitting the plan from otherwise complying with the provisions of this Act or any regulations made under this Act.
(18)
Where the plans of any street works or proposed street works have been approved by the Authority and the person for whom the plans are submitted intends to depart or deviate from the plans approved, the person must apply to the Authority for approval of the plans showing the proposed departure or deviation and such application must be accompanied by —
the latter plans; and
a certificate by an accredited checker in respect of such of the latter plans relating to the structural elements of the street works or proposed street works stating that, to the best of the knowledge and belief of the accredited checker, those plans do not show any inadequacy in the key structural elements of the street works to be carried out or affected by street works carried out in accordance with those plans.
(19)
The Authority may, with the approval of the Minister, by notification in the Gazette authorise, either generally or in relation to any specified type of development, the construction of new streets subject to such conditions as may be specified in the notification.
(20)
Any person who, being required by or by virtue of this Act or any regulations made under this Act to make or produce to the Authority any plan, declaration, certificate, report, record, notice or other document, or who, for the purpose of obtaining any licence, permit, waiver or approval from the Authority under this Act or any regulations made under this Act or for the purpose of establishing any fact relevant to the administration of this Act or any regulations made under this Act —
makes or produces any plan, declaration, certificate, report, record, notice or other document which is false in a material particular; or
produces any plan, declaration, certificate, report, record, notice or other document which is false in a material particular, or which has not been made by the person by whom it purports to have been made, or which has been in any way altered or tampered with,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.