Singapore legislation

Section 37

of Planning Act 1998

Section 37

Liability to pay development charge

Amended by7/20177/2017

(1)

Subject to subsection (5), the development charge (whether under an interim or final order) may, in the discretion of the competent authority, be levied on —

(a)

the owner of the land with respect to which the planning permission or conservation permission is granted; or

(b)

the person who applied for the relevant planning permission or conservation permission.

(2)

Subject to subsection (3), the liability of the person on whom the development charge is levied continues despite any change in ownership of the land.

Amended by7/2017

(3)

Where a person’s liability to pay development charge is deferred under the rules made under section 40(d), the person may obtain the Minister’s written approval for the person’s liability to end upon a change in ownership of the land.

Amended by7/2017

(4)

Despite section 13(5), the competent authority must not grant any planning permission or conservation permission until the estimated amount of development charge payable under an interim order under section 38(2) is either paid or secured to the satisfaction of the competent authority.

(5)

Any outstanding amount of development charge is to be secured as a first charge against the land to which the relevant permission relates, and, subject to any other rights of the Government, prevails over all other estates and interests whenever created despite the provisions of any other written law relating to the registration of any interest or encumbrance over land.