Landlord or Tenant should apply the Change Of Use?

The responsibility for applying for a change of use with the Urban Redevelopment Authority (URA) in Singapore typically falls on the tenant rather than the landlord. However, the specific arrangement may vary based on the terms outlined in the lease agreement between the landlord and tenant. Here are key considerations regarding who should apply for a change of use:

1. Lease Agreement Terms:

• The terms of the lease agreement often stipulate the responsibilities of both the landlord and the tenant. In some cases, the lease agreement may explicitly state whether the landlord or the tenant is responsible for obtaining necessary approvals, including change of use.

1. Tenant's Intended Use:

• Since the change of use pertains to the tenant's specific activities within the premises, it is typically the tenant who initiates the application. The tenant is responsible for ensuring that the proposed use aligns with zoning regulations and obtaining the necessary approvals.

1. Tenant's Business Operations:

• The change of use application is closely tied to the tenant's business operations and the nature of their activities within the rented space. As such, it makes practical sense for the tenant to handle the application process.

1. Communication and Collaboration:

• While the tenant often takes the lead in the application, effective communication and collaboration between the landlord and tenant are crucial. Landlords may need to provide necessary documentation or support during the process.

1. Lease Agreement Negotiation:

• During lease agreement negotiations, it's advisable for both parties to clarify their respective responsibilities, including any obligations related to regulatory approvals. Clear and transparent communication can help avoid misunderstandings.

1. Landlord's Support:

• While the tenant typically initiates the change of use application, the landlord's cooperation and support can facilitate the process. Landlords may need to provide information or documentation related to the property.

1. Professional Assistance:

• Depending on the complexity of the change of use application, both landlords and tenants may choose to engage professionals such as architects or consultants. This can ensure that the application is accurate, complete, and compliant with regulations.

In summary, the tenant usually takes the lead in applying for a change of use with the URA in Singapore. However, the specific dynamics may depend on the terms negotiated in the lease agreement. Open communication, a clear understanding of responsibilities, and collaboration between landlords and tenants are essential for a smooth process and a successful outcome.

Contact +65 8314 3318 for consultation!