Singapore legislation
Clause 51
Clause 51
Notice of new buildings
(1)
Every person intending to erect any building shall submit to the Chief Building Surveyor such plans and specifications, if any, of the proposed building prepared in accordance with the building regulations made under this Ordinance. When such plans and specifications are in accordance with such regulations, they shall be approved by the Chief Building Surveyor for the purposes of this Part of this Ordinance subject to compliance with subsection (2) of this section or with any other written law for the time being in force:Provided that no plans for the erection of a building on any holding abutting on or having access to any new street or proposed new street shall be approved by the Chief Building Surveyor until plans for such new street have been approved by the Director of Public Works under section 18 of this Ordinance.
(2)
The Chief Building Surveyor may give written directions to the person submitting plans and specifications for the erection of a building requiring such person to provide and construct an arcade or paved footway for the use of foot passengers along any portion of the building lot which abuts on a street and for the purpose of ensuring compliance with this or any other Ordinance or any by-laws, orders, rules or regulations made thereunder.
(3)
The person to whom any written directions are so given shall within such period as may be prescribed amend the plans and specifications accordingly. Any plans and specifications not re-submitted as so amended within four calendar months of the date of such written directions shall be deemed to be disapproved by the Chief Building Surveyor.
(4)
Where a building is directed to be set forward to a regular line of street, it shall be a sufficient compliance with such direction if a wall or fence of such materials and dimensions as may be approved by the Chief Building Surveyor is erected at a distance from the line sufficient to provide any arcade or footway which may be required under this Ordinance.
(5)
If the Chief Building Surveyor directs any person submitting the plan of a building to set such building back to a regular line of street, the Government shall, subject to subsection (6) of this section, pay compensation to him the amount of which shall in the case of any dispute arising be settled in the manner hereinafter provided in section 152 of this Ordinance.
(6)
No compensation shall be paid in respect of any land required whether in consequence of setting back to a regular line of street or under the provisions of subsection (2) of this section or otherwise, for the purpose of an arcade or footway for the use of foot passengers, or for any approach, or for rounding off corners.
(7)
No person shall commence the erection of a building or resume the erection of a building in any case where the work of erection has been suspended for a continuous period exceeding three months unless —
such work is commenced or resumed, as the case may be, within twelve months from the date on which the plans and specifications of such building were approved by the Chief Building Surveyor; and
he has given the Chief Building Surveyor four days” notice in writing of his intention to commence or resume such work, as the case may be.
(8)
For the purposes of paragraph (a) of subsection (7) of this section, “plans and specifications” means the plans and specifications originally approved by the Chief Building Surveyor pursuant to subsection (1) of this section but does not include any amending plans or specifications subsequently approved by the Chief Building Surveyor in connection therewith.
(9)
No house or other building, constructed of stone and plank or brick and plank combined or of posts and plank, shall be erected without permission in writing from the Chief Building Surveyor, who may grant it or not at his discretion.
(10)
No house or other building, having the external roof or walls made of grass, leaves, mats, attaps or other combustible materials, shall be erected without permission in writing from the Chief Building Surveyor, who may grant it or not at his discretion.
(11)
Any person who offends under subsections (9) and (10) of this section shall be liable to a fine not exceeding five hundred dollars, and a Magistrate’s Court may, on the application of the Chief Building Surveyor or of a public officer authorised by him in writing in that behalf, issue a mandatory order for the removal of any house or building erected contrary to this section.
(12)
Any person who makes any alteration in the frontage of any building within fifty feet of any street without a licence from the Chief Building Surveyor shall be liable on conviction to a fine not exceeding five hundred dollars and a Magistrate’s Court may, on the application of the Chief Building Surveyor or of a public officer authorised by him in writing in that behalf, issue a mandatory order for the removal of any building erected in making any alteration contrary to this subsection.
(13)
Any person who uses any floor other than the ground floor of any building originally constructed for a dwelling-house for any other purpose without a licence from the Chief Building Surveyor shall be liable on conviction to a fine not exceeding five hundred dollars and to a further fine not exceeding fifty dollars for every day during which the offence is continued after conviction.
(14)
Any person who —
commences or resumes the erection of a building in contravention of subsection (7) of this section;
deviates from any plan or specification approved by the Chief Building Surveyor without his licence;
erects a building in contravention of any of the provisions of this Ordinance or of any of the regulations made thereunder; or
fails to comply with any lawful order or written direction of the Chief Building Surveyor or with any term or condition attached by the Chief Building Surveyor to any modification or waiver of any of the requirements of any regulation,shall be liable on conviction to a fine not exceeding two thousand dollars and to a further fine of fifty dollars for every day during which the offence is continued after conviction.
(15)
In any case where proceedings have not been instituted against any person who has contravened subsection (14) of this section, such person shall on the submission of plans and specifications to the Chief Building Surveyor in accordance with the provisions of this Ordinance pay to the Government a sum not exceeding ten times the prescribed fees as the Chief Building Surveyor may direct, and in the event of plans and specifications being submitted without such payment, the Chief Building Surveyor may refuse to accept the same.
(16)
A Magistrate may, on the application of the Chief Building Surveyor or of a public officer authorised by him in writing in that behalf, make an order which shall be deemed to be a mandatory order for the purposes of section 141 of this Ordinance requiring any person convicted of an offence under the provisions of subsection (14) of this section to alter in any way or demolish the building.
(17)
For the purposes of this section and of sections 18, 55 and 56 of this Ordinance a person shall be deemed to erect a building who —
begins work on the site thereof or for or in respect of a new building;
adds to or alters any existing building in such a manner as to involve —
new foundations; or
new or partly new or increased superstructure, or roof on existing walls or existing foundations;
converts into a dwelling-house any building not originally constructed for human habitation;
converts into more than one dwelling-house a building originally constructed as one dwelling-house;
converts to other purposes a house originally constructed as a dwelling-house;
departs either before or after the completion of the building in any particular from any plan or specification approved by the Chief Building Surveyor at any time in respect of such building;
infringes the provisions of this Ordinance or any regulations as to buildings;
renews or repairs any existing building in such a manner as to involve a renewal, reconstruction or erection of any portion of an outer or party wall to the extent of one storey in height whatever the material of such outer or party wall is;
demolishes and reconstructs or adds to a building in such a manner as to involve more than —
half the superficial area of walls and partitions; or
half the superficial area of floors (excluding ground floor) or roofs; or
constructs an additional storey or storeys, or renews, reconstructs or erects an outer or party wall of the first, second or third storey counting from the ground, to the extent of one storey in height:Provided that, for the purposes of subsection (2) of this section and for the purposes of sections 55 and 56 of this Ordinance, a person who executes or does any of the works or things specified in paragraph (b)(ii), (f), (g) or (h) of this subsection shall not be deemed to erect a building.The expression “erection of a building” shall be construed accordingly.Works executed on the same building on two or more occasions within ten years may be deemed to be one reconstruction and aggregated for purposes of this definition.
(18)
Where any building operations are commenced or carried out in respect of any existing building they shall be deemed to have been commenced or carried out by the owner of the building if the person (not being the owner) who actually commenced or carried out such building operations is not known or cannot be found in Singapore, and the owner of the building shall be liable therefor.