Singapore - Context and Land Governance

^{Photo: Fabio Achilli. Singapore. Some Rights Reserved: Attribution 2.0 Generic (CC BY 2.0) – downloaded from Flikr}

With 5.7 million people crammed into just 719km², Singapore is one of the most densely populated countries in the world⁸.  It has coped with a scarcity of land through vertical (including underground) planning and horizontal land reclamations⁹.  Nearly a quarter of land in Singapore is reclaimed¹⁰, and questions have been raised over the acquisition of sand from neighbouring countries such as Cambodia and Myanmar, in order to feed the reclamation process¹¹.  

Singapore has integrated a diverse population of Chinese, Malays and Indians¹².  There is a large migrant labour force of almost 1.4 million workers or 40% of total workforce¹³.  On Friday 10th July 2020, the People’s Action Party (PAP) with its prime minister Lee Hsien Loong (son of founding father Lee Kuan Yew), retained power in a general election, although in winning 61% of the vote had its lowest level of victory since independence¹⁴. 

Land Legislation and Regulations

The Singaporean legal system follows English Common Law. The Constitution of Singapore came into effect in 1965, but carries no specification on land rights¹⁵.  The country follows a Torrens system of land administration, with indefeasibility¹⁶  of title¹⁷.  This was introduced through the Land Titles Ordinance in 1956, and then operationalised when this law was revised as the Land Titles Act (Cap. 157) in 1959¹⁸.  In 1964, an amendment to the Foreshores Law allowed compensation for land owners losing sea frontage. This set the stage for intensive reclamation and the construction of high-rise buildings. Soon after, the Land Acquisitions Act (1966) came into effect, which allowed for increased public ownership of land, and became the cornerstone of Singapore’s developmental surge to transform into a high income country (see also investment section)¹⁹.  Enacted in 1967, the Land Titles (Strata) Act formalises the subdivision of land both horizontally and vertically, above and below the ground.  This means developers can incorporate planning for mixed-use ownership in multi-storey buildings.

Unlike other cities and countries in Southeast Asia, planning in Singapore takes a long-term strategic perspective. This is framed through a Concept Plan. The first was produced in 1971, followed by revisions in 1991, 2001, and 2011²⁰.  The Concept Plan is translated into an actionable, statutory Master Plan, with the latest version looking ahead to 2030. Land use planning is the ultimate responsibility of the Ministry of National Development (MND) and its agency, the Urban Redevelopment Authority (URA). URA drafts concept and master plans, with input from the Land Transport Authority (LTA), Housing Development Board (HDB) and Singapore Land Authority (SLA)²¹. 

From 1995-2000, the land registration system was computerised²².  In 2004, the first complete legal coordinated cadastre in the world (SVY21) was implemented by SLA²³.  This uses GPS technology to define all property boundaries, which are ascribed legal significance.

^{Photo: The 3B's. Singapore. Some Rights Reserved: Attribution 2.0 Generic (CC BY 2.0) – downloaded from Flikr}
 

Land tenure classifications

To understand the dynamics of land tenure in Singapore, one must appreciate that 90% of people in Singapore are homeowners, and yet the state owns 90% of the land, up from 44% in 1960²⁴.  On the one hand, the rise in state ownership reflects the addition of reclaimed land as state property. On the other, the state has exerted much power to gain control over existing land and its subsequent development. An important feature here is the desire to provide adequate and affordable housing, and as a result an affordable workforce²⁵.  The Housing and Development Board was founded in 1960 to address a shortages of homes²⁶,  and built approximately 54,000 flats by 1965. The Land Acquisition Act of 1966 facilitated expropriation for further developments, with public usage rights clarified through the State Land Rules of 1968. In general, leases for hotels, commercial and residential sites are for up to 99 years, and for industrial sites are 60 years or less²⁷. 

Three types of housing can now be highlighted that reflect the principle tenure rights in Singapore²⁸: 

• Public housing (mostly apartment blocks)
• High rise private housing (governed by Land Titles (Strata) Act and the Buildings Maintenance and Strata Management Act, with units under leasehold)
• Landed property (governed by Land Titles Act)

As of 2011, there were 1.34 million parcels or which almost 90% were strata parcels²⁹.  There are few cases of freehold ownership³⁰ (of landed property) due to the success of public housing schemes and 99 year leaseholds.

The Orang Laut are the original inhabitants of the island, but as the trading port developed in the 19th century, they were driven off strategic land, and now have no status to speak of in the Singaporean legal system³¹. Post-independence housing policy dismantled racial segregation between Chinese, Malays and Indians living in Singapore by introducing a quota system.

Land use trends

The population of Singapore is categorised as 100% urban, with agriculture contributing 0.0% to GDP. There are a few agricultural areas in the north of the country, with pockets of urban farming indoors or on rooftops. Nevertheless, Singapore presently imports 90% of its food needs, although there is an aim to increase the domestic contribution to 30% under its “30 by 30” target³².  Besides the high rate of urbanisation, the most significant land use trend involves land reclamation and the merging of smaller islands to cater to housing needs, industry and infrastructure³³.  Singapore increased its land size from 581km2 in 1965 to 719km2 in 2015, a growth of nearly 24%, and there are significant future plans for further reclamation³⁴.  A consequence of this process is that Singapore is the world’s largest importer of sand, including significant amounts from regional countries such as Myanmar and Cambodia³⁵. 

The reclamation of land has come at an environmental cost in the loss of mangrove forests, coral reefs, natural beaches and the habitats and fishing culture of indigenous communities³⁶.  In 2017 forestland in Singapore accounted at 23.1% of total land area³⁷.  However, only 1.28% of this forestland is primary, represented for example by lowland dipterocarp forest in the Bukit Timah Nature Reserve and within Central Catchment Nature Reserve³⁸.  All other forestland is regenerated. There are twenty-four designated nature areas, including four Nature Reserves³⁹.  Singapore has taken a lead on measuring the level of biodiversity in urban areas through the Singapore Index on Cities’ Biodiversity (SI)⁴⁰.  This measures the level of biodiversity, the ecosystem services they supply, and the practices used to govern and manage biodiversity.

Land investments and Acquisitions

In 1971, the initial Concept Plan for Singapore called for full urbanisation into a Garden City, interspersing infrastructure with greenery and maintaining a clean environment⁴¹.  Unlike many other SE Asian cities, there is a long-term land use and development strategy with coordinated administration and zoning. The extensive reclamation, investment into and development of land in Singapore should be considered in these terms. This includes the construction on reclaimed land of Marina Bay (since the 1970s), Changi Airport that opened in 1981, and the industrial chemicals site and oil port hub of Jurong Island (conceived in the 1990s)⁴². 

Land prices are inevitably very high for a small city-state⁴³.  In 1964, the Planning Ordinance was amended to allow for a Development Charge, namely a tax accounting for increased land values through development projects. To try and minimise land prices, the Residential Property Act (1976) was brought in to limit monopolised ownership over property⁴⁴.  Landed property could now only be purchased under government approval, leaving a focus on purchase of apartment units rather than land. In 2005, a relaxation of this law allowed foreigners to also buy apartments.

The 1966 Land Acquisition Act allowed the state extensive powers to expropriate land from private landowners towards the public purpose and at a reduced price⁴⁵.  Only in 2007 was the act amended to legally compensate landowners following a market rate⁴⁶.  Using the Land Acquisition Act, the government cleared low-density housing, villages and squatter areas to make way for high-rise residential buildings, commercial shop units and public infrastructure such as roads and a transit system⁴⁷.  The main period of acquisition took place from 1960-80, although there continue to be new investment projects such as to double the above and below ground rail network by 2030⁴⁸. 

^{Photo: Atelierdreiseitl . Bishan Park, aerial view . Downloaded from wikicommons – This file is licensed under the Creative Commons Attribution-Share Alike 3.0 Unported license.}
 

Women’s Land Rights

Article 12 of the Constitution of Singapore guarantees equality to all people in terms of race, religion, descent, or place of birth, but does not mention gender⁴⁹.  There is also an issue of political underrepresentation, although the 2020 General Election resulted in women holding a record high 29% of elected seats⁵⁰.  Nevertheless, the Women’s Charter of 1961 allows rights to (amongst others) own property, conduct trade and receive divorce settlements. The country ranks in the top global tier for the Gender Development Index (GDI) and carries a very low rating in terms of the Gender Inequality Index (GII), placed 11 out of 162 countries⁵¹.  In 1965, Singapore ratified the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

Voluntary Guidelines on Responsible Tenure (VGGT)

As a non-agricultural city state, Singapore is not a priority country of focus for FAO. Consequently, there are no activities to promote or activate the VGGT.

Timeline - milestones in Singapore's land governance

1959 – Land Titles Act
As a revision of the Land Titles Ordinance from 1956, the Land Titles Act operationalised a Torrens system of land administration.

1960 – Founding of The Housing and Development Board 
The HADB was founded to address a shortage of homes, and has helped supply affordable high-rise apartments to Singaporeans at a 90% ownership rate.

1963 – Independence
Singapore emerges as a sovereign state after nearly 150 years as a British trading colony, and then an unsuccessful two years as part of the Federation of Malaysia.

1966 – Promulgation of Land Acquisitions Act
The Land Acquisitions Act allowed for extensive state expropriation of land, and became a cornerstone for a developmental surge in Singapore, such as in a shift to vertically-oriented infrastructure.

2004 – Implementation of the world’s first complete legally coordinated cadastre
The SVY21 cadastre uses GPS technology to define all property boundaries, which are then ascribed with legal standing.

2015 – Nearly 24% of Singapore land is reclaimed
Singapore increased its land size from 581km2 in 1965 to 719km2 in 2015, a growth of nearly 24%, and there are significant future plans for further reclamation.

2020 – People’s Action Party wins national election
PAP wins re-election and retains the power it has held since independence, with Hsien Loong (son of founding father Lee Kuan Yew) as prime minister.

2030 – 30% domestic supply of food
Under the 30 by 30 target, there is an aim to improve food security under domestic production, as opposed to the present rate of 90% imports.

Where to go next?

The author's suggestion for further reading

For a deeper historical context on Singapore, and the environmental implications of its land reclamation, we recommend reading the recent article Singapore’s Lost Coast: Land Reclamation, National Development and the Erasure of Human and Ecological Communities, 1822–Present by Miles Alexander Powell⁵².  On the issue of reclamations, the article Trading Sand, Undermining Lives: Omitted Livelihoods in the Global Trade in Sand by Vanessa Lamb, Melissa Marschke and Jonathan Rigg looks into the often neglected topic of sand grabbing, where exports from regional lands such as Cambodia and Myanmar supply new projects in Singapore⁵³. 

An excellent view of the emergence of land institutions and markets within the developmental state of Singapore can be found in the book Urban Land Rent by Anne Haila, who uses the case to propose new theoretical underpinnings⁵⁴.  There is much useful material from the state itself, such as the report Land Framework of Singapore: Building a Sound Land Administration and Management System by the Centre for Liveable Cities (CLC), which is a division of the Ministry of National Development⁵⁵.  Finally, and no less important, the article Vertical cities as a solution for land scarcity: the tallest public housing development in Singapore by Grace Wong explores how Singapore has combatted housing shortages within a limited area of land availability⁵⁶. 

***References

[1] CIA. (2020). The World Factbook: Singapore. Central Intelligence Agency. https://www.cia.gov/library/publications/the-world-factbook/geos/sn.html

[2] Powell, M. A. (2019). Singapore’s Lost Coast: Land Reclamation, National Development and the Erasure of Human and Ecological Communities, 1822–Present. Environment and History.

[3]  World Bank. (2020a). The World Bank in Singapore: Overview. The World Bank. https://www.worldbank.org/en/country/singapore/overview

[4] Yusuf, S., & Nabeshima, K. (2006). Postindustrial East Asian Cities: Innovation for Growth. The International Bank for Reconstruction and Development/The World Bank. http://documents1.worldbank.org/curated/en/438801468024634047/pdf/372570EAP0Post101OFFICIAL0USE0ONLY1.pdf

[5] Carroll, T. (2020). The Political Economy of Southeast Asia’s Development from Independence to Hyperglobalisation. In T. Carroll, S. Hameiri, & L. Jones (Eds.), The Political Economy of Southeast Asia: Politics and Uneven Development under Hyperglobalisation (Fourth edition). Palgrave Macmillan.

[6] Carroll, T. (2020). The Political Economy of Southeast Asia’s Development from Independence to Hyperglobalisation. In T. Carroll, S. Hameiri, & L. Jones (Eds.), The Political Economy of Southeast Asia: Politics and Uneven Development under Hyperglobalisation (Fourth edition). Palgrave Macmillan.

World Bank. (2020a). The World Bank in Singapore: Overview. The World Bank. https://www.worldbank.org/en/country/singapore/overview

[7] Carroll, T. (2020). The Political Economy of Southeast Asia’s Development from Independence to Hyperglobalisation. In T. Carroll, S. Hameiri, & L. Jones (Eds.), The Political Economy of Southeast Asia: Politics and Uneven Development under Hyperglobalisation (Fourth edition). Palgrave Macmillan.

[8] World Bank. (2020b). World Bank Open Data. The World Bank: Working for a World Free of Poverty. https://data.worldbank.org/

[9] Ho, S., & Rajabifard, A. (2016). Towards 3D-enabled urban land administration: Strategic lessons from the BIM initiative in Singapore. Land Use Policy, 57, 1–10.

[10] Powell, M. A. (2019). Singapore’s Lost Coast: Land Reclamation, National Development and the Erasure of Human and Ecological Communities, 1822–Present. Environment and History.

[11] Lamb, V., Marschke, M., & Rigg, J. (2019). Trading Sand, Undermining Lives: Omitted Livelihoods in the Global Trade in Sand. Annals of the American Association of Geographers, 109(5), 1511–1528.

[12] Bertelsmann Stiftung. (2020). BTI 2020 Country Report Singapore. Bertelsmann Stiftung. https://www.bti-project.org/en/reports/country-report-SGP-2020.html

Wu, T. H. (2007). The Legal Representation of the Singaporean Home and the Influence of the Common Law. Hong Kong Law Journal, 37(1), 81–102.

[13] Lamb, V., Marschke, M., & Rigg, J. (2019). Trading Sand, Undermining Lives: Omitted Livelihoods in the Global Trade in Sand. Annals of the American Association of Geographers, 109(5), 1511–1528.

[14] Associated Press. (2020, July 11). Singapore’s ruling party dominates election but opposition makes historic gains | World news | The Guardian. The Guardian Newspaper. https://www.theguardian.com/world/2020/jul/11/singapores-ruling-party-dominates-election-but-opposition-makes-historic-gains

[15] Tan, R. M. K. (2019). Ch. 29 Land Law. Singapore Law Watch. https://www.singaporelawwatch.sg/About-Singapore-Law/Commercial-Law/ch-29-land-law

[16] For a simple definition of the indefeasibility of title in the context of the Torrens System, please go to https://legalvision.com.au/q-and-a/what-is-indefeasibility-of-title/#:~:text=Indefeasibility%20of%20title%20means%20that,or%20ownership%20of%20such%20property.

[17] Crown, B. C. (2010). Whither Torrens Title in Singapore? Singapore Academy of Law Journal, 22(Special ed.), 9.

[18] Ng, M., & Pong, C. C. (2018). Land Framework of Singapore: Building a Sound Land Administration and Management System (First). Centre for Liveable Cities (CLC). https://www.clc.gov.sg/research-publications/publications/urban-systems-studies/view/land-framework-of-singapore-building-a-sound-land-administration-and-management-system

[19] ibid

[20] Fujii, T., & Ray, R. (2019). Singapore as a sustainable city: Past, present and the future. SMU Economics and Statistics, 18, 1–70.

[21] Ng, M., & Pong, C. C. (2018). Land Framework of Singapore: Building a Sound Land Administration and Management System (First). Centre for Liveable Cities (CLC). https://www.clc.gov.sg/research-publications/publications/urban-systems-studies/view/land-framework-of-singapore-building-a-sound-land-administration-and-management-system

[22] ibid

[23] Land, K. (2006, October 8). Legal Coordinated Cadastres – Theoretical Concepts and the Case of Singapore. XXIII International FIG Congress, Munich. http://citeseerx.ist.psu.edu/viewdoc/citations;jsessionid=B0423AB0365DC28161D3929451A8930C?doi=10.1.1.583.6120

[24] Haila, A. (2016). Urban Land Rent: Singapore as a Property State (1 edition). Wiley-Blackwell.

Phang, S.-Y. (2018). Land Acquisition for “Any Public Purpose”. In S.-Y. Phang (Ed.), Policy Innovations for Affordable Housing In Singapore: From Colony to Global City (pp. 13–26). Springer International Publishing.

[25] Haila, A. (2016). Urban Land Rent: Singapore as a Property State (1 edition). Wiley-Blackwell.

[26] Ng, M., & Pong, C. C. (2018). Land Framework of Singapore: Building a Sound Land Administration and Management System (First). Centre for Liveable Cities (CLC). https://www.clc.gov.sg/research-publications/publications/urban-systems-studies/view/land-framework-of-singapore-building-a-sound-land-administration-and-management-system

[27] Lamb, V., Marschke, M., & Rigg, J. (2019). Trading Sand, Undermining Lives: Omitted Livelihoods in the Global Trade in Sand. Annals of the American Association of Geographers, 109(5), 1511–1528.

[28] Wu, T. H. (2007). The Legal Representation of the Singaporean Home and the Influence of the Common Law. Hong Kong Law Journal, 37(1), 81–102.

[29] Ho, S., & Rajabifard, A. (2016). Towards 3D-enabled urban land administration: Strategic lessons from the BIM initiative in Singapore. Land Use Policy, 57, 1–10.

[30] Para una definición sencilla de propiedad absoluta (freehold), consulte el glosario de términos de la FAO que se encuentra en:  http://www.fao.org/3/y4307e/y4307e09.htm.

[31] Haila, A. (2016). Urban Land Rent: Singapore as a Property State (1 edition). Wiley-Blackwell.

[32] Ma, J., Montesclaros, L., & Teng, P. S. (2019). Supporting Singapore’s ‘30-by-30’ Food Security Target: Finding the ‘Sweet Spot’ in Property Taxation. Nanyang Technological University. https://www.rsis.edu.sg/wp-content/uploads/2019/12/PR191203_Supporting-Singapore%E2%80%99s-%E2%80%9830-by-30%E2%80%99-Food-Security-Target.pdf

Tefft, J., Jonasova, M., Adjao, R., & Morgan, A. (2018). Food Systems for an Urbanizing World [Text/HTML]. The World Bank and the Food and Agriculture Organization of the United Nations. https://documents.worldbank.org/en/publication/documents-reports/documentdetail

[33] Powell, M. A. (2019). Singapore’s Lost Coast: Land Reclamation, National Development and the Erasure of Human and Ecological Communities, 1822–Present. Environment and History.

[34] Lamb, V., Marschke, M., & Rigg, J. (2019). Trading Sand, Undermining Lives: Omitted Livelihoods in the Global Trade in Sand. Annals of the American Association of Geographers, 109(5), 1511–1528.

[35] Ibid

[36] Powell, M. A. (2019). Singapore’s Lost Coast: Land Reclamation, National Development and the Erasure of Human and Ecological Communities, 1822–Present. Environment and History.

[37] FAOSTAT. (2020). FAOSTAT database. Food and Agriculture Organization of the United Nations. http://www.fao.org/faostat/en/

[38] Yee, A. T. K., Corlett, R. T., Liew, S. C., & Tan, H. T. W. (2011). The vegetation of Singapore—An updated map. Gardens’ Bulletin Singapore, 63(1 & 2), 205–212.

[39] National Parks Board. (2020). Nature Areas & Nature Reserves. National Parks. National Parks website. https://www.nparks.gov.sg/biodiversity/our-ecosystems/nature-areas-and-nature-reserves

[40] FAO, & UNEP. (2020). The State of the World’s Forests 2020. Forests, biodiversity and people. Food and Agriculture Organization of the United Nations (FAO) and United Nations Environmental Programme (UNEP).

Para más información sobre la SI, por favor visite: https://www.cbd.int/subnational/partners-and-initiatives/city-biodiversity-index.

[41] Korlena, K., Djunaedi, A., Probosubanu, L., & Ismail, N. (2010). Zoning Regulation as Land Use Control Instrument: Lesson Learned from United States of America and Singapore. Forum Teknik, 33(3), Article 3.

[42] Powell, M. A. (2019). Singapore’s Lost Coast: Land Reclamation, National Development and the Erasure of Human and Ecological Communities, 1822–Present. Environment and History.

Tng, S., & Tan, S. (2012). Designing Our City: Planning for a Sustainable Singapore /editors,. – National Library. Urban Development Authority. http://www.harvardasia.co.th/wp-content/uploads/2016/09/1804.pdf

[43] Wu, T. H. (2007). The Legal Representation of the Singaporean Home and the Influence of the Common Law. Hong Kong Law Journal, 37(1), 81–102.

[44] Ng, M., & Pong, C. C. (2018). Land Framework of Singapore: Building a Sound Land Administration and Management System (First). Centre for Liveable Cities (CLC). https://www.clc.gov.sg/research-publications/publications/urban-systems-studies/view/land-framework-of-singapore-building-a-sound-land-administration-and-management-system

[45] Phang, S.-Y. (2018). Land Acquisition for “Any Public Purpose”. In S.-Y. Phang (Ed.), Policy Innovations for Affordable Housing In Singapore: From Colony to Global City (pp. 13–26). Springer International Publishing. 

[46] Ng, M., & Pong, C. C. (2018). Land Framework of Singapore: Building a Sound Land Administration and Management System (First). Centre for Liveable Cities (CLC). https://www.clc.gov.sg/research-publications/publications/urban-systems-studies/view/land-framework-of-singapore-building-a-sound-land-administration-and-management-system

[47] Chew, B., Hoong, V., Tay, L. K., & Vellasamy, M. d/o. (2010). Compulsory Acquisition of Land in Singapore. A Fair Regime? Singapore Academy of Law Journal, 22, 166–188.

Phang, S.-Y. (2018). Land Acquisition for “Any Public Purpose”. In S.-Y. Phang (Ed.), Policy Innovations for Affordable Housing In Singapore: From Colony to Global City (pp. 13–26). Springer International Publishing.

[48] Ho, S., & Rajabifard, A. (2016). Towards 3D-enabled urban land administration: Strategic lessons from the BIM initiative in Singapore. Land Use Policy, 57, 1–10.

[49] Qian, N. (2018). In all fairness: Two decades of CEDAW and the state of gender equality in Singapore. Social Space, 38–43.

[50] Phua, R. (2020, July 27). Singapore to see record number of women enter Parliament after GE2020—CNA. Channel News Asia. https://www.channelnewsasia.com/news/singapore/ge2020-record-number-women-parliament-mps-singapore-12940394

[51] UNDP. (2019). Human Development Report 2019 Singapore. http://hdr.undp.org/sites/all/themes/hdr_theme/country-notes/SGP.pdf

[52] Powell, M. A. (2019). Singapore’s Lost Coast: Land Reclamation, National Development and the Erasure of Human and Ecological Communities, 1822–Present. Environment and History.

[53] Lamb, V., Marschke, M., & Rigg, J. (2019). Trading Sand, Undermining Lives: Omitted Livelihoods in the Global Trade in Sand. Annals of the American Association of Geographers, 109(5), 1511–1528.

[54] Haila, A. (2016). Urban Land Rent: Singapore as a Property State (1 edition). Wiley-Blackwell.

[55] Ng, M., & Pong, C. C. (2018). Land Framework of Singapore: Building a Sound Land Administration and Management System (First). Centre for Liveable Cities (CLC). https://www.clc.gov.sg/research-publications/publications/urban-systems-studies/view/land-framework-of-singapore-building-a-sound-land-administration-and-management-system

[56] Wong, K. M. G. (2004). Vertical cities as a solution for land scarcity: The tallest public housing development in Singapore. URBAN DESIGN International, 9(1), 17–30.