Singapore legislation

Section 12

of Planning Act 1998

Section 12

Unauthorised subdivision, development and other works

Amended by7/20177/20177/20177/20177/20177/20177/2017

(1)

A person must not, without planning permission, carry out or permit the carrying out of any development of any land outside a conservation area.

Amended by7/2017

(2)

A person must not, without conservation permission, carry out or permit the carrying out of any works within a conservation area.

Amended by7/2017

(3)

A person must not, without subdivision permission, subdivide or permit the subdivision of any land.

Amended by7/2017

(4)

Subject to subsections (5) and (6), any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction; or

(b)

if the person is a repeat offender, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.

Amended by7/2017

(5)

Where a contravention of subsection (2) by a person includes the demolition of a building (or part of a building) in a conservation area, the person convicted of an offence under subsection (4) for the contravention shall, in lieu of the punishment prescribed in subsection (4), be liable —

(a)

to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 12 months or to both; and

(b)

in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.

Amended by7/2017

(6)

Where a contravention of subsection (1) or (2) by a person involves the use of any land or building to provide dormitory accommodation, the person convicted of an offence under subsection (4) for the contravention shall, in lieu of the punishment prescribed in subsection (4), be liable —

(a)

to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both; and

(b)

in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.

Amended by7/2017

(7)

In this section, a person is a repeat offender if the person who is convicted, or found guilty, of an offence (other than a continuing offence) under subsection (4) has (whether before, on or after 15 May 2017) been convicted or found guilty on at least one other earlier occasion of —

(a)

an offence under subsection (4) for contravening subsection (1), (2) or (3); or

(b)

an offence under subsection (4) as in force immediately before that date for contravening subsection (1), (2) or (3) as in force immediately before that same date.

Amended by7/2017

(8)

Where a person is convicted of an offence under subsection (4) in respect of any works on or any development or subdivision of land without having been served previously with an enforcement notice in respect of the works, development or subdivision, the competent authority may serve an order on the person directing the person to remove from the land, within 14 days of the date of service of the order, all such property or materials used in connection with the offence as may be specified in the order.

Section 12 — Planning Act 1998 | laws.sg