Does the tenant or the landlord bear liability for a tenant's unauthorised works?
Both can be exposed. Under the Planning Act, an owner is presumed to have permitted unauthorised development carried out by a tenant or contractor unless the owner proves reasonable precautions or due diligence. Under the Building Control Act, anyone who carries out, permits or authorises unapproved works commits an offence. Leases normally make tenants liable to the landlord for reinstatement. Landlords should require approvals before works start and check them at handback.
From the RRD Field Guide, checked against the sources cited in Unauthorised Building Works in Singapore: Penalties, Detection and How to Regularise. General information, not advice for your project.
The fuller picture
Unauthorised building works are works carried out without a required approval from BCA (plans or structural permit), SCDF (fire safety works) or URA (planning or conservation permission). They can attract fines of up to S$200,000 under each regime. To keep them, the owner appoints a Qualified Person to survey and assess the works and seek retrospective approval; otherwise they must be rectified or removed.
More questions on this topic
- What counts as unauthorised building works in Singapore?
- I bought the property with the unauthorised works already there. Am I responsible?
- Can unauthorised works be approved after the event?
- Will my lawyer's legal requisition reveal unauthorised works?
- How are unauthorised works usually discovered?
- What does regularisation cost?
- Is a mezzanine in a warehouse unit a building work?