BuDding Levy Rates Regula tions, 1996

LN. 112 01 19915

DEVEWPMENT PLANNING ACf. 1992

(ACf NO. I OF 1992)

BuDding Levy Rates Regula tions, 1996

IN exercise of the powers conferred by section 41, 42 and 60 of

the Development Planning Act, 1992, the Planni ng Authority, with the

concurrence of the Minister for the Environment and of the Minister of

Finance, has made the following regulations:-

( I ) These regulations may be cited as the Building Levy

Rates Regulations, 1996.

(2) These regulations shall come into force on the 24th June ,

1996. and shall apply to all applications which are received by the

Authority on or after the coming into force of these regulations.

(Regulation 3)

Development Permit Fee

I. Except as otherwise provided, the Development Pe mUt Fee at the rates

specified in this Schedule shall be paid in respect of applications for development

permission according to the nature of the developmem and calculated as he rein

provided:-

( I)

Outline Applications

in all cases, except special buildings,

per 0.1 ha (I000m2) site area, or part thereof ........ ......... .

subject to a maximum of ....... .. ..... ..... ...................... .

in the case of special buildings .......... . ... ... .. ... .. .... . .

except where the application requires an environmental

impact asscssmem. per 0.1 ha (I000ml) s ite area, or part

thereof ..... ...... ..... ....... ... .......... .......... ... ......... .. .. .

(2)

Applications for non-commercial development

Fee per un it consisting o f

(a)

bungalow ................ .... .. .. ....................... .

detached villa ..... . .................... ... .. .......... .

fannhouse ..... . .... . .. ....... ....... .. ...... .. ... ... .. .. .

semi-detached villa .. ..... .. ... .. ... .. .... . .. ..... .... .

semi«tached uni t with twodweUing units, foreach

dwelling unit ........... .. ... .. .. .. .... .......... .. ... .

penthouse .. .. . .. . .. . ..................... ... ........... . .

flat ....................... ..... ... ...................... .

terraced house ................ .. ..... ..... ............. .

maisonette ................... .. .......... ............. .

(b)

Alterations and extensions to dwellings ................. .

(3)

Applications for commercial developmem

(a)

Commercial buildings -

per every 50m 1 of fl oor area of the building or pan

thereof, such floor area being the resull of the floor area of

the largest floor multiplied by the number o f floors ........ .

plus

per every 50m 2 site area or part thereof. including the

built up area ..................... .. ... .. ... .. .............. .

(b)

Extens ions and alterations to commercial buildings -

Extensions and alterations up to 50m 2 floor area ...

Extensions and aherations excceding 50m 2 floor

area. per every 50m 2 or part thereof . ... ................... ...... .

Farm buildings -

(c)

up 10 50m 2 floor area ........ ............... .. ....... .

exceeding 50m 2 per every 50m 2 or part thereof ...

(d)

Gree nhouses-

up to 100m 2 floor area ..... ......... ..... ... . ... .. .. .. .

exceeding 100m 2, per lOOm1orpart thercof

(e)

Quarries -

per 100m 2 of site area or part thereof .. ....... .... ..

subject to a maximum of ..... ......... . ........... . .. .

(t)

Waste disposal -

per 100m 2 of site area or part thereof .............. .

subject to a maximum of ..... .. ............. .. .. .. . .. .

(4)

Garages

(a) Garages which form part of the development of flats or

maisonettes -

per garage .... . ...... ....... ............ ... .. ...... ... . ....... . .

except that 2 garages per residential unit shall be exempt

(b) Garages which form part o f mixed commercial and

residential development -

per garage ............................... ... .. ............. .... .

Garages which form pan of commercial development-

(c)

per garage ............................... ... .. ........... .. .... .

(d) Other garages -

per 5Om 1 fl oor area or part thereof ...... ....... ... ....... .

(5) Other Applications

(a) Engineering operations -

subject to a maximum of .............. ........... .... .

Changeofuse -

(b)

to residential use per unit created ...... .. ............ .

to non·residential use per 50ml of floor area or part

thereof .... ............ ...... ............. .. ....... .... ....... ....... .

(c) Demolition of buildings or structures .................... .

(d)

Advertisements-

for each advertisement. per square metre thereof ..

for each illuminated advertisement . per square

metre thereof ...................... .... ...... ..... ...... ...... .... .

Subject to a mi ni mum fee of Lm 10 for each

advertisement applied for

(e) Satellite dishes or telecommunication antennae -

for each dish or antenna ................. ... ..................... .

(0 Renewal applications ............ .... ....... ............... .

Amended applications ...................................... .

(g)

(h) Approval of conditions ocher than those imposed in an

outline development pennission .... ... ....... ... .. ................... .

Special buildings or uses ........ ........ ... ................ .

(i)

except where the application requires an environmental

impact assessment ............................ ........... .............. .

Lm

CD

Vending machines -

for each mac hine proposed in the application ..... .

( I ) In these regulations, unless the context otherwise I~ .

reqUires -

"the Act" means the Development Planning Act , 1992;

"amended application" means an application in respect of the

same site and involving development of the same character and

description as those in respect of which penniSSion has already

been granted and is still valid;

" application" means an applicatio n for developme nt

penmsslOn;

"appl ications for amendments to schemes and alignments"

means those applications, not being applications for developme nt

pennission, whic h require the approval of the Planning Authority

for such changes to the Temporary Provisions Schemes and the

detailed alignments of buildings and streets within such schemes;

" basement" means any floor in a building wholly or partly

below ground level , by reference to the lowest street on whic h the

building has a frontage;

"boathouse for a registered fishennan" means a boathouse

used for the storage of fishing boats and equipment used in the

course of the registered occupation;

" Build ing Levy" means the Development Permit Fee and the

Infrastructu re Services Contribution,either collectively or sing ly,

as the case may be

"bungalow" means a single family dwelling unit, whether

detached or semi-detached, consisting of not more than o ne

habi table noor, and having a site area of at least o ne lWentieth of a

hectare and a maximum site coverage of 40 per centum;

"commercial building" means a buildi ng to be used fo r any

non-residential or non-domestic use (other than a fann building

and a greenhouse) and includes a hotel, guest-house or similar

establishment;

"completion cenificate-' means a cenificate referred to in

section 61(2) of the Act;

"contribution" means an Infrastructure Services Contribution;

"demolition o f a building" means the pulling down or removal

of all, or mOllt, of the elements whic h form the building , such as

the roof. internal partition or loading bearing walls, and external

walls, so that less than 25% of the original structure is retained.

not including the pany walls where a building is not freestanding;

"dwell ing" means any building o r unit thereof used for

residential purposes, but excludes a hotel. guest-house or similar

establishment;

"engineering operations" include the formation or laying out

of roads and of means of access to roads; the movement, regrading

or surfacing of land; the construction of bridges and similar

structures; the construction of sea defences, piers and similar

structures; the creation and replenishmem of beaches and other

operations affecting beaches: the siting of moorings: and similar

operations, whether on land or on the seabed;

"environmental impact assessment" means an Environmental

Impact Statement ( EIS) or Environmental Planning Statement

(EPS);

"farmhouse n means a single family dwelling used for

habitation by a registered fanner;

"farm buildings" means buildi ngs used as accommodation

for livestock, for the storage of fodder or implements or other

agricultural purposes, but do not include farmhouses,greenhouses

and buildings used for the slaughter of an imals and processing of

animals or animal products;

"flat" mcans a single family dwelling unit occupying the

whole or pan of one floor of a building which contains several

similar units none of whic h has its own separate entrance from the

street but share a common access therefrom;

"floor area" means the amount o f floor area within a building

detennined by the external measurements of the building, that is

including the th ickness of the external walls and half the thickness

of divid ing or party walls, and includes any stai rcase,lift, shafts,

internal yards, verandahs. terraces, balco nies. canopies and other

spaces , and a roof or terrace used for commercial purposes;

"garage" means a garage or car parking space. with standard

parking space dimensions between 2.4 metres and 3.0 metres wide

and between 4 .8 metres and 5 .1 metres long. used for the parking

of vehicles. whether enclosed or unenclosed, and whether or not

on the surface o f the land;

"intennediate fl oor" means a fl oor in a building which does

not occupy the whole length or breadth of the building;

" land reclamatio n for agriculture" means the reclamation of

land. including the deposit of material and the alteri ng of the level

of the land. for the purposes o f agric ulture

"maisonette" means a single fam ily dwelling unit on one or

more floors in a building consisting of more than one such unit.

each unit having a separate entrance from the street;

"outl ine application" means an application submitted

specifically for o utline development permission and in whic h one

or more o f the specified matters are reserved for further submission

and approval;

"penthouse" means a separate single family dwelling which

consists of one floor constructed on the roof of a building. and

which does nOt occupy the whole of the roo f area;

"plant and mac hinery" means mechanical equipment or

structures erected or placed on land but not within a building;

"registered fishennan" means a fis hennan registered with the

Depanment of Agriculture and Fisheries;

"relevant Department" means, for the purposes of the mai n

sewer contribution, the Drainage Depa rtment of the Wo rks

Division. and for the purposes of the street contri bution, the Roads

Depanment of the Ministry responsible fortransport and any other

body which subsequentl y ass umes the responsibilities of these

Depanments;

"renewal application" means an application for the renewal

of a development permission granted or deemed to be granted by

the Authority in respect of the same site and development as that

previously granted permission and which is submitted before such

permission expires;

"site area" means the total area ofland which is the subject of

the application;

"special building" means a building providing an institution ,

club , soc iety or other organization of a religious, cultu ral,

philanthropic. sporting or social nature (not including Govern ment

de panments or parastatals) with the faci lities necessary for the

pursuit of its objects, including schools, hospices, homes for the

elderly, hos pitals and si mi lar buildings or uses, where the

institution, club, society or other organization is declared as being

tax exempt by the Ministerresp:msible for finance in a Legal Notice

made for that purpose;

"temporary use of land" means the use of land for one use or

purpose for four months or less in anyone calendar year;

"terraced house" means a single fa mi ly dwelling unit

consisting of one or more storeys in a row of three or more

dwellings and includes the dwellings at the ends of the terrace;

"vi lla" means a detached or semi detached single family

dwelling of nOI more than two habitable floors .

(2) In either ScheduleOneor Schedule Two, any expression

defined in the Act has the same meaning as it has in the Act.

(Regulation 4)

infrastructure Services Contribution

1. Save as otherwise provided. the Infrastructure Services Contribution at the

rates specified in this Schedule shall be paid in respect of applications for development

permission by way of contribution towards the cost of the services hereinarter

A main sewer contribution at the rate of -

Non-commercial development

Fee per unitcoosisting of

Maisonette (one) ...... ............. .......... .. ....... ...... .

Maisonettes (two or more· per uni t) ... .................... .

Aat ...................................... .. ................... .

Semi-detached unit with two dwelling uni ts . for each

dwelling uni t .................................................. .

Terraced house . ... ... .. .. . .. . ......... ....... . .. . .. . ... ..... . .

Penthouse .......................................... ........ ... .

Semi-detached villa ............ .............. .... ........ .. . .

Detached villa ......................... .... .................. .

Bungalow ..................................................... .

Fannhouse ......................... ........ ................. .

B. Commercial development

Extensions per 5Om~ floor areaor part thereof ............

New development per SOm 1 floor area or pan thereof ...

C . Garages and parking spaces

Fee per 5Om 1 floorspace or pan thereof .................... .

except garages which form part oftenaced houses. single

maisonette~. bungalows and villas which are exempt

D. Agricultural buildings

Fee per 50m 2 floor area o rpart thereof. ....................

Provided that the main sewer contribution shall in no

case be less than Lm 60.

(2)

A street contribution at the rate o f -

Non-commercial development

Fee per uni t consisti ng of

Flat .... ............ ........................................... .

Maisonette (one) .................................. ........ .. .

Maisonettes (two or more · perunit) .............. .. . ...... .

Scmi«tached un it with two dwelling un its. for each

dwelling unit ..................................................... .

Tenoced house ....................................... ..... .. . .

Penthouse .................. ..... ....... . ... ......... ... ....... .

Semi-detached villa ................................ ........ ..

Detached villa ........................................... ... ..

Bungalow .. .. . .. . .... .. ..... .. .... ... ......................... .

Farmhouse ............................ ... ..... .. ............ .

Commercial development

Extensions per SOm! noor area or pan thereof ... .... .....

Ne w development per 50m 2 noor area or pan thereof ...

Garages and parking spaces

noor

Fee per 50m 2

area or pan thereof .....................

excepc garages which form pan of terraced houses.single

maisonettes. bungalows and villas which are exempt

Agricultural buildings

Foe per 5Om 1 nOCll'Space orpan thereof .....................

E. Quarries

Fee per 100m 2 site area or pan thereof .....................

Provided Ihallhe Street contribution shall in no case be

less than Lm 30.

2. Where an application is for new development on a site in respect of which

there is in force a deve lopment permission (other than an outline deve lo pment

permission). and the develo pment so permitted has either not begun or. if it has been

begun. has not been completed. the Infrastructure Services Contribution payable for

the new development sha ll be calculated by subtracting the Infrastructure Services

Contribution paid on the development permission in force from that due on the new

application (excepl where thedevelopment pennission in force is a renewal of a previous

permission, in which case the Infrastructure Services Contribution to be subtracted

shall be that paid on the original pennission).

3. Where the appropriate contributions have been paid in full in respect of an

original application, no further contribution shall be paid in respect of an application

for the renewal of the permission granted upon s~ch application, whether or not such

permission has expired, or in respect of an amended application, if the development

proposed in the application is the same as that granted in the original pennission.

4. No Infrastructure Services Contribution shall be paid in relation to a garage

or parking space where it forms part of a terraced house, villa, bungalow or single

maisonette.

5. No Infrastructure Services Contribution shall be paid when the application

relates solely to-

(a) the alteration or extension of a building, provided the extension does

nol exceed 5Om 1 in floor area;

lhealteration orextension ofaJwelling ,provided that it does not involve

(b)

the creation or addition of another dwelling unit;

(c) the display of advertisements;

(d)

the erection of satellite dishes or other telecommunication antennae;

(e)

the erection of a boundary wall, fence or other means of enclosure;

(t) the approval of matten; reserved by conditions other than those imposed

in an outline development permission

(g)

the demolition of an existing building or structure;

(h) the carrying out of engineering operations;

(i)

an application for outline development permission

(j) the erection of a building of not more than 5Om 1 of floor area, prov ided

that such erection shall not involve or create a new use of the site on which the

bui lding is to be located;

(k)

the erection of a greenhouse;

( I) an application by a Gove rnment Department or a body corporate

established by law. where the applicant gives an undertaking. in a form specified

by the Pl anning Authority, to the Plann ing Autho rity that the necessary

8 11 30

infrastructure services will be provided by , or in conjunction with, and wi th the

approval of, the relevant departmen t and at the expense of the appl icant or the

re levant department, and that the necessary maintenance of those services will

also be so carried out;

(m)

an application for a change of use of any land or bui ldi ng;

(n)

an app lication for the issue of a completion certificate .

6. No Infrastructure Services Contribution shall be payable in respect o f

(a) water reservoirs

(b) swimming pools

(c) washrooms and lift shafts

whic h are included in, o r whic h fonn the su bject of, an appl ication.

7. No main sewer contribu tion shall be payable in respect of applications for

0)

quurnes;

( ii) the erection of an agricultural bui lding for the purposes of storage, not

exceeding 50m 2 in n oor area;

( iii) sewage treat ment works, pumping stations and similar structures or

works provided by the Drainage Department of the Works Division or any other

body which subseq uently assumes the responsibil ities of that Department.

8. The Infrastructure Services Contribution shall be reduced by 75%, where

(a) the appl icant gives to the Authority an unde rtaking. in a fonn specified

by the Plan ning Authority, that the necessary infrastructure services wi ll be

provided by Ihe applicant, or by, and with the approval of, the relevant de partment

and at the applicant's expense. and that the necessary maintenance ofthesc services

will also be carried OUI; or

(b) the application re lales to a site where the necessary infrastrucrure services

have been prov ided allhe expense of a private individual and an undertaking, in

a form specified by the Planning Authority, 10 maintain these services has been

given

Provided that in all cases, the minimum Street Contribution and Sewer Cont ribu tion

shall be paid.

9. All infrastruclUre Services Contributions shall be levied at rates calculated

with reference to the development proposed in the application and no contribut ion

shall be refundable ellcept in the following cases

(i) the permission applied for has been refused, unless it is a d ismissal in

terms of section 52(5) of the Act;

(ii)

the application has been invalidly made;

(iii) the application is withdrawn before it is determined by the Authority

unless the applicant agrees that the Infrastructure Services ContribUlion may be

transferred to a subsequent applicant in relation to an appl ication on the same

site

Provided that in the cases mentioned in sub-paragraphs (1). (ii) and (iii)

abovementioned, 10% of the Infrastructure Service s Contributions will always

be retained to cover administrative charges and are consequently not refundable;

(iv) if it is made in respect of an application for a class of development for

which such permission is not required by or under any provision of the Ac t or any

regulations or orders made thereunder, and the application is returned by the

Authority 10 the applicant;

(v) if the application is one to which paragraph 8 (a) relates, and the applicant

subsequently provides the appropriate services at his own expense and the relevant

Department has certified that the works have been carried oot to its satisfaction , a

refund equal to 15% o f the Infrastructure Services Contribution shall be paid.

subject to retention by the Planning Authority of the mini mum payments;

(vi) if the application is one to which paragraph 8 (b) relates, and the relevant

Depanment has certified that the works have been carried oullO its satis faction. a

refund equal 10 15% of the Infrastructure Services Contribution shall be paid.

subject 10 retention by the Planning Authority of the minimum payments.

10. Where the Authority considers Ihat in order to meet the extraordinary or

exceptional demands which. in the opinion of the Authority, the nature. location or

scale of the proposed development is likely 10 place on the infrastructure services and

other services or facilities, as well as to secure the proper planning of the area and

regulate the use of land in accordance with the policies and proposals in the Structure

Plan and any subsidiary plan. the contribution earlier specified in this Schedule is

insufficient. the Authority shall determine the contribution to be levied to meet the cost

of the services and faci lities aris ing from the permission applied for, and may also

enter into agreement wilh the applicant to ensure tbe payment of the contribution so

detennined and the propcrcarrying out of the development according to the pennission

of [he Authority.

11. Where the Authority has adopted a commuted car parking payment scheme,

the fee to be levied in lieu of each car parking space which can not be provided on the

site of the development shall be Lm900.

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There shall becharged by theAulhori ty a Development Pennit

Fee as the charge to be paid in respec t of an application for permission

10 carry out development. at the rate set out in Schedule One to these

regulations.

There shall be charged by the Au thority an Infra structure

Services Contribution as the rate of conlril-ution to be paid towards the

cost of infrast ructure services and other services or facilities arising

from any permission to develop land, at the rates set out in Schedule

Two to these regulations.

S. The Building Levy Rates Regulations, 1993 are hereby

repealed.

00

(k)

Temporary uses of land ..... ............ .................. .

50 .00

(l) Applications to determi ne whe ther develo pment

permission is required ........... .. ..................................... .

Nil

Land ~Iamat ion for agriculture -

(rn)

per 0.1 ha (IOOOm~ site area or pan thereof

10 .00

sUbject to a maximum of ...... .... ................... .

2500.00

(n)

Boalhouse for a registered fisherman -

up to 50m 2 noor area ............. .. ................ .... .

10.00

exceeding 50m per every 50m or pan lhereof ...

00

(o)

Plant and machinery -

per 0.1 ha (1000m~ site area or pan thereof

00

subject 10 a maximum of ........ ..................... .

2500.00

( p) Applications for amendments to sc hemes and to

alignme nts .. ..... .. .......... .. .... . .. . .. ... ... .. .. .. ........... .. .. .... .

50.00

(q)

Applications for the issue of a completion cen ificate ...

Nil

(6) In 5(k) above. only one application for a tem porary use of land shall

be pennitted from the same applicant on the same site in IIny one calendar year. at the

fee stated. provided that the applicant cert ifies that this is the case.

(1) In 5(n) above. an application for a boathouse for a re gistered fisherman

shall auractthe rate stated only if proof o f registration is submi tted with the application .

(8) The total Developmen t Permit Fee paid o n an application shall be

subject. unless otherwise stated . to a maJI; mum of Lm300.ooo. Whe re more than one

application forming a separate phase o f development is submiued pursuant to an outl ine

development permission gran ted on lhe same site . the Development Permit Fee to !le

paid on those applications shall not exceed Lm300.000 in tOlal.

81125

(9) 1llere shall be a minimum Development Permit Fee of Lm 10 payable

on all applications. un less otherwise slated.

(10) Where the Building Levy is substantially correctly calculated by the

applicant o r architect, and is paid prior to or together with the submission of an

application , the amount of the Development Permit Fee payable shall be reduced by

Lm5 or 1% of the Development Permit Fee d ue, whiche\'er is the greater ,except where

the Develo pment Permit Fee payable is less than Lm60.

( 11 ) Where an application is submitted to the Planning Authority for the

Authority to calculate the Building Levy. it shall be accompanied by the minim um

Development Permit Fee specified in subparagraph (9) of paragraph I ofthis Schedule.

This fee shall be deducted from any Development Permit Fee which is eventually due

to be paid in relation to the application.

2. Where an application is for new development on a site in respect of which

there is in force a development permission (othe r than an outline development

permission). and the development so permitted has either not begun or, if it has been

begun. has not been completed, the Development Permit Fee payable for the new

development shall be calculated by subtracting the Development Permit Fee paid on

the development permission in force from that due on the new application (except

where the development permission in force is a renewal of a previous permission, in

which case the Development Permit Fee to be subtracted shall be that paid on the

original permission).

3. No Development Permit Fee shall be paid in relation to a garage or parlcing

space where it forms part o f a terraced house, villa. bungalow or single maisonette.

4. Where an app lication involves or includes the demolition o f an existing

building. the area of any such building shall not be taken into account in calculating

the fee to be paid.

5. Where an application involves more than one use or type of development.

the Development Permit Fee to be paid shall be calculated by adding together the

amounts applicable to each type o f development, e xcept that where the application

includes conunercial development, the fee for the commercial development shall be

calculated by reference to the rate for the conunerciai floor area o nly.

6. In determining the Development Permit Fee to be paid with respect to

commercial development. for the purpose of ascertaining the number of floor.; to be

erected or created . any basement or intermediate floor shall be counted as a separate

floor. Lift shafts and other structures on the roo f o f a bui lding with a total floor area of

100 square metres or less, shall nOI be counted as a separate floor.

Provided that

any floor used wholly for garaging or parking, shall not be counted as

(i)

a separate fl oor;

(ii) any basement with a floor area of not more than 50% of the largest

fl oor area , shall not be counted as a floor;

(iii) any intermediate floor with a floor area of not more than 50% of the

largest floor area , shall not be counted as a floor; and

(iv) whether or not a floor is a basement, and therefore either wholly or

panly below ground level, shall be ascenained by reference to the lowest street

on which the building or site has a frontage.

7. (a) All rates shall be paid at rates calculated by refere nce to the

develop ment proposed in the application. and no fees properly paid shall be

refundable as speci fied in subparagrnphs (b) and (c) except in the follow ing

cases

(i) the application has been refused , unless it is a dismissal in terms

of section 52(5) of the Act

(ii)

the application has been invalidly made

(iii) the application has been withdrawn by the applicant prior to

determination.

(b) When an application is refused by the Authority, in terms of paragraph

7(aXi) of this Schedule, half the Development Permit Fee shall be refunded,except

in the following cases

(i) where an appeal or the request for reconsideration is upheld by

the Appeals Board or the Authority, the Development Permit Fee shall not

be refunded;

(ii) where an appeal or req uest for reconsideration is not upheld by the

Appeals Board or the Au thority. 50% of the Development Permit Fee shall

be refunded.

(c) Whe n an application is withdrawn by the applicant prior to

determination. 75% of the Development Permit Fee paid shall be refunded, subject

to a maxi mum of Lm2,500, unless the applicant agrees that this proponion of the

Development Permit Fee may be transferred to a subseq uent applicant in relation

to an application on the same site.