Power to require information about activities on land
Open ↗25.—(1) Where it appears to the competent authority that there may have been a breach of planning control in respect of any land, the competent authority may serve an information notice on any person who —(a)
is an owner or occupier of the land or has any other interest in the land; or
(b)
is carrying out operations on the land or is using the land for any purpose.
(2) An information notice may require the person on whom it is served to give such information as may be specified in the notice relating to —(a)
any operations being carried out on the land, any use of the land and any other activities being carried out on the land; and
(b)
any matter relating to the conditions subject to which any planning permission or conservation permission in respect of the land has been granted.
(3) In particular, an information notice may require the person on whom it is served —(a)
to state whether or not the land is being used for any purpose specified in the notice or any operations or activities specified in the notice are being or have been carried out on the land;
(b)
to state when any use, operations or activities began;
(c)
to give the name and address of any person known to the person to use or have used the land for any purpose, or to be carrying out or have carried out any operations or activities on the land;
(d)
to give any information the person holds as to any planning permission or conservation permission for any use or operations or any reason for planning permission or conservation permission not being required for any use or operations;
(e)
to state the nature of the person’s interest (if any) in the land and the name and address of any other person known to the person to have an interest in the land.
(4) An information notice must be complied with by giving the required information in writing to the competent authority.
(5) The service of an information notice does not affect any other power exercisable in respect of any breach of planning control.
(6) In this section, any reference to operations or activities on land includes a reference to operations or activities in, under or over the land, and includes works in a conservation area.
Penalties for non-compliance with information notice
Open ↗26.—(1) If the person on whom an information notice is served does not comply with the notice at the end of 21 days from the day the notice was served on the person, the person shall be guilty of an offence.
(2) It is a defence for a person charged with an offence under subsection (1) to prove that the person did not know, and could not with reasonable diligence have ascertained, the information required in the information notice.
(3) If any person —(a)
makes any statement purporting to comply with a requirement of an information notice which the person knows to be false or misleading in a material particular; or
(b)
recklessly makes such a statement which is false or misleading in a material particular,
the person shall be guilty of an offence.
(4) Any person who is guilty of an offence under this section shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
Power to examine and secure attendance, etc.
Open ↗26A.—(1) Where it appears to the competent authority that there may have been a breach of planning control in respect of any land, the competent authority may do all or any of the following:(a)
examine orally any person who appears to be acquainted with matters related to the offence;
(b)
require by notice in writing the attendance before the competent authority of any person within Singapore who, from information given or otherwise, appears to be acquainted with matters related to the offence;
(c)
require any person to provide any information or produce any book or document, or any copy thereof, in the possession of that person and, without payment, inspect, keep, copy or take extracts from that book, document or copy.[7/2017]
(2) A person is not excused from making an oral statement under subsection (1)(a) on the ground that the statement might tend to incriminate the person but, where the person claims before making the statement that the statement might tend to incriminate the person, that statement is not admissible in evidence against that person in criminal proceedings other than proceedings for an offence under subsection (4)(c) or (d).[7/2017]
(3) A statement made by any person examined under this section must —(a)
be in writing;
(b)
be read over to the person;
(c)
if the person does not understand English, be interpreted in a language that the person understands; and
(d)
after correction (if necessary) be signed by the person.[7/2017]
(4) Any person who —(a)
neglects or refuses to provide any information or produce any book or document, or any copy thereof, required under this section;
(b)
neglects or refuses to attend before the competent authority as required under this section;
(c)
provides any information or produces any book or document, or any copy thereof, required under this section that is false in a material particular and that the person knows to be false or does not believe to be true; or
(d)
by the intentional suppression of any material fact, provides information required under this section that is misleading,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
[7/2017]
Authority to enter upon land
Open ↗27.—(1) The competent authority may, with such assistants and workmen as are necessary, at any reasonable time, enter any land for the purpose of —(a)
ascertaining whether there is, or has been, a contravention of this Act;
(b)
ascertaining whether any of the functions conferred by this Act on the competent authority or the Minister should or may be exercised; or
(c)
taking any action or carrying out any work authorised or required by or under this Act.[17/2005]
(2) If entry to any land for the purposes of subsection (1)(a) cannot be obtained, the competent authority may —(a)
where the competent authority has reasonable cause to believe that evidence of a contravention of this Act can be found on the land;
(b)
after declaring his or her office and producing his or her identification card where a demand is made for him or her to do so;
(c)
with such force as is necessary to obtain entry; and
(d)
with such assistants and workmen as are necessary,
break open any outer or inner door or window on the land, forcibly enter the land and every part of the land, or remove by force any obstruction to such entry.
[7/2017]
(3) The competent authority may take photographs, or audio or video recordings of the land and any property or material found thereon and such other steps as the competent authority may consider necessary without involving any search or seizure of any premises, thing or person.[7/2017]
(4) The occupier of any premises must, if required by the competent authority —(a)
give his or her name and address;
(b)
provide proof of his or her identity; and
(c)
give the name and address of the owner of the premises, if known.
(5) Any person who wilfully obstructs the competent authority in the performance of any matter or thing which the competent authority is authorised to do by this section or fails to comply with the requirement under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(6) A police officer may arrest without warrant any person who has committed or whom the police officer reasonably suspects to have committed an offence under subsection (5) if —(a)
the person declines to give his or her name and address; or
(b)
there is reason to doubt the accuracy of the name and address, if given.
(7) A person arrested under this section may be detained until his or her name and address are correctly ascertained except that no person so arrested may be detained longer than is permitted by written law and is necessary for bringing the person before a court unless the order of a court for the person’s detention is obtained.
Enforcement notices
Open ↗28.—(1) The competent authority may issue an enforcement notice where it appears to the competent authority that there has been a breach of planning control.
(2) An enforcement notice must specify the steps the competent authority requires to be taken, or the activities on or the use of the land the competent authority requires to cease, in order to remedy (wholly or partly) the breach of planning control or to remedy any injury to any amenities caused by the breach.
(3) An enforcement notice may, in particular, require —(a)
the alteration, demolition or removal of any building or works;
(b)
the carrying out of any building or other operations;
(c)
the cessation, either wholly or to the extent specified in the notice, of any activity on or use of the land; or
(d)
the removal from the land of all property and materials used in connection with the breach of planning control.
(4) Where the enforcement notice relates to unauthorised works in a conservation area, the notice may also include —(a)
a requirement to restore any building on the land to its former state;
(b)
if the competent authority considers that such restoration is not reasonably practicable or undesirable, a requirement to execute such works as the competent authority may specify in the notice to alleviate the effect of the unauthorised works; or
(c)
a requirement to bring any building to the state in which it would have been if the terms and conditions of any conservation permission granted in respect of the building had been complied with.
(5) An enforcement notice must specify —(a)
the date on which it is to take effect, which must not be less than 14 days from the date of service of the notice; and
(b)
the period (which runs from the date the enforcement notice takes effect) within which any step required by the notice must be taken or any activity on or the use of the land required by the notice to cease must cease.
(6) A copy of an enforcement notice may be served on any one or more of the following:(a)
any owner of the land to which it relates;
(b)
any occupier of that land;
(c)
any other person who appears to the competent authority to have been responsible for or participated in the breach of planning control.
(7) An enforcement notice continues to have effect until and to the extent that the notice is —(a)
superseded by a grant of planning permission or conservation permission under section 14;
(b)
superseded by a notification under section 21(6); or
(c)
withdrawn by the competent authority.
(8) Compliance with the requirements of an enforcement notice, whether in respect of —(a)
the completion, demolition, removal or alteration of any building or works; or
(b)
the discontinuance of any activity on or use of the land,
or in any other manner, does not discharge the notice.
(9) Except by way of an appeal to the Minister under section 29, the validity of an enforcement notice is not to be questioned in any court or proceedings whatsoever.
Appeal to Minister against enforcement notice
Open ↗29.—(1) Any person aggrieved by any requirement of an enforcement notice may, at any time before the notice takes effect, appeal to the Minister in the form and manner prescribed.
(2) Where an appeal is made under this section, the Minister may —(a)
correct any defect, error or misdescription in the enforcement notice or vary its requirements;
(b)
extend, subject to such conditions as the Minister considers fit, the period specified in the enforcement notice within which any requirement therein is to be complied;
(c)
dismiss the appeal;
(d)
allow the appeal unconditionally; or
(e)
allow the appeal in whole or in part, and subject to such conditions as the Minister considers fit,
and the Minister may give such directions as the Minister thinks necessary to give effect to his or her decision on the appeal.
(3) Without prejudice to the general power of the Minister to impose conditions or give directions under subsection (2), the Minister may require that such security as he or she may think necessary be provided to the competent authority and specify the circumstances in which the security may be forfeited by the competent authority.
(4) The decision of the Minister under subsections (2) and (3) is final.
(5) When an appeal is made to the Minister under this section, the enforcement notice is, unless the Minister at any time otherwise directs, of no effect pending the determination or withdrawal of the appeal.
(6) Except where the Minister decides to allow an appeal unconditionally, the enforcement notice takes effect from the date the appellant is given notice of the decision of the Minister.
(7) Any forfeiture by the competent authority of any security provided under this section does not prejudice the institution of proceedings against any person for any offence under this Act.
Offences of non-compliance with enforcement notice
Open ↗30.—(1) Where there has been a failure to comply with any requirement of an enforcement notice in relation to any land, the person who is served with the enforcement notice shall be guilty of an offence.
(2) Any person who —(a)
uses land in contravention of the enforcement notice after the requirements in the notice have been complied with; or
(b)
carries out any works by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with the requirements in an enforcement notice,
shall, despite the earlier compliance with the notice, be guilty of an offence.
(3) A person guilty of an offence under this section shall be liable on conviction —(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.
Execution and costs of works required by enforcement notice, etc.
Open ↗31.—(1) Where —(a)
any requirement of an enforcement notice or an order under section 12(8) is not complied with within the period allowed by the notice or order, as the case may be;
(b)
any land is used in contravention of an enforcement notice after the requirements in the notice have been complied with; or
(c)
any works have been carried out by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with the requirements of an enforcement notice,
the competent authority may, with such assistants and workmen as are necessary, at any time enter the land and take any steps which are in the competent authority’s opinion necessary to secure compliance with the notice or order (as the case may be), including removing, detaining and disposing of any property or materials on the land.
[17/2005]
(2) The costs or expenses incurred, directly or indirectly, by the competent authority in exercise of the powers conferred by subsection (1) are recoverable as a civil debt from any person served with the enforcement notice or order under section 12(8) (as the case may be) less such sums which are recoverable under section 32.
(3) The certificate of the competent authority stating the amounts of costs and expenses recoverable under subsection (2) is conclusive evidence of such amounts.
(4) The sums stated in the certificate of the competent authority under subsection (3) are to be secured as a first charge against the land and, subject and without prejudice to any other rights of the Government, prevail 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.
Removal and sale of property and materials
Open ↗32.—(1) Any property or materials removed and detained by the competent authority in the exercise of the competent authority’s powers under section 31 may be sold or otherwise disposed of unless a claim is made by the person to whom the property or materials belong within 2 weeks of the removal, in which case the property or materials may, subject to subsection (2), be returned to the person to whom they belong on such terms and conditions as the competent authority may impose.
(2) Any property or materials which have been removed and detained by the competent authority under section 31 must not be returned to the person to whom they belong except upon the person having paid all the expenses incurred, directly or indirectly, by the competent authority in removing and detaining the property or materials or such part of those expenses as the competent authority determines.
(3) Where the competent authority sells any property or materials under subsection (1), the competent authority is entitled to deduct from the proceeds of the sale all or any of the costs and expenses incurred, directly or indirectly, by the competent authority in respect of the removal, detention and sale of the property or materials and the balance (if any) must be paid on demand to the person to whom the property or materials belong.
(4) Any proceeds of sale of property or materials under this section not claimed within 2 years of the sale must be paid into the Consolidated Fund.
Injunctions
Open ↗33.—(1) Where the competent authority considers it necessary or expedient for any actual or apprehended breach of this Act to be restrained by injunction, the competent authority may apply to the General Division of the High Court for an injunction, whether or not the competent authority has exercised or is proposing to exercise any of the competent authority’s other powers under this Part.[40/2019]
(2) On an application under subsection (1), the General Division of the High Court need not require from the competent authority any undertaking in damages.[40/2019]
(3) On an application under subsection (1), the General Division of the High Court may grant such an injunction as the General Division of the High Court thinks appropriate for the purpose of restraining the breach.[40/2019]
Civil penalties
Open ↗34.—(1) The competent authority may require a person to pay a penalty for the grant of any written permission for —(a)
any development of land;
(b)
any works within a conservation area; or
(c)
any subdivision of land,
in respect of which there appears to the competent authority that an offence has been committed, whether or not proceedings have been instituted against any person for an offence under section 12.
(2) Such a penalty must not exceed the lower of the following:(a)
50 times the fee prescribed for an application for planning permission, conservation permission or subdivision permission, as the case may be;
(b)
$150,000.
(3) The certificate of the competent authority as to the penalty to be imposed under this section is conclusive of the amount.
(4) No further proceedings are to be instituted or taken against any person for an offence under section 12 once the penalty has been paid.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
