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SCDF Notice of Offence: Unauthorised Change of Use and Fire Safety Works

Red foam fire extinguisher mounted on a grey wall beneath its sign

If the Singapore Civil Defence Force (SCDF) has inspected your premises and issued a fire safety notice, first check which kind it is. A Fire Hazard Abatement Notice (FHAN) is a written warning to remove a fire hazard within a set period. A Notice of Offence (NOO) is for more serious breaches, such as an unauthorised change of use of premises or unauthorised fire safety works. SCDF says an NOO requires the offence to be rectified within a specified timeline, after which an offer to compound may be made, and that prosecution may follow if it is not rectified as required. The deadline in the notice is the one that matters.

Rectify within the time in the notice. SCDF’s own description is clear: put the breach right as the notice requires and the matter can usually be compounded; leave it and the company can be prosecuted. For unauthorised change of use or fire safety works, the court penalty under the Fire Safety Act is up to S$200,000, up to 2 years’ jail, or both. Treat the timeline as the last chance to keep it out of court.

Red foam fire extinguisher mounted on a grey wall beneath its sign, a common item in SCDF fire safety checks

Which notice have you received?

SCDF’s 2024 fire, EMS and enforcement statistics describe the two notices and how often they are used:

Notice What it is 2024 Most common reason
Fire Hazard Abatement Notice (FHAN) A written warning to abate the fire hazard within a specified period 2,579 issued Firefighting equipment not maintained (669, about 26%)
Notice of Offence (NOO) For higher-severity offences; rectify within the timeline, after which composition may be offered; prosecution if not rectified 1,061 issued Unauthorised change of use of premises (356, about 34%)

SCDF carried out 15,075 fire safety enforcement checks in 2024. A FHAN can also require the company to submit a fire hazard mitigation plan to stop the hazard recurring.

The offences behind most NOOs

The Fire Safety Act 1993 sets out the main offences. The figures below are from the version of the Act published on SCDF’s website; check the current text before relying on them.

Who is responsible: landlord, tenant, contractor or director?

A FHAN can be served on the person whose act or default caused the hazard, on that person’s employer or principal, or on the owner or occupier of the premises. In practice, the tenant who changed the use or commissioned the renovation is often the target. The Act also deals with companies directly. The conduct and state of mind of an officer, employee or agent acting within their authority can be attributed to the company. An officer or manager can be guilty of the same offence if they consented or connived, were knowingly concerned, or knew or ought reasonably to have known the offence would be committed and failed to take all reasonable steps to prevent it. See how directors can be personally liable for non-compliance.

What to do after an NOO

  1. Diarise the rectification deadline and send the notice to the landlord and building management if the premises are leased.
  2. Appoint the right professional. Fire safety plans are prepared and submitted by a qualified person. Reinstating the original layout, or regularising the change with approved plans, are the usual routes.
  3. Stop the unauthorised use or works while the position is sorted out, if continuing would add risk or make the offence continuing.
  4. Keep evidence of rectification: submissions, approvals, contractor invoices and photographs.
  5. Respond to any composition offer by its deadline. See what a composition offer means for a company.
  6. If the timeline cannot be met, tell SCDF early and in writing, with the reasons and a realistic plan. If prosecution is threatened, legal advice is needed; see letters of representation.

Example

Example only, not a client case. A trading company leases a unit in an industrial building and converts half the storage area into an office with partitions and a pantry, without checking with the landlord or a qualified person. During a routine check, SCDF issues an NOO for unauthorised change of use. The company tells the landlord, appoints a qualified person, and is advised that the office layout blocks a required exit route. It removes two partitions, makes the change-of-use submission for the rest, and keeps records of each step. Having rectified within the timeline, it receives an offer to compound, pays it, and updates its fit-out approval procedure.

Frequently asked questions

Can we just pay and carry on using the space?

SCDF’s process puts rectification first. Paying a composition sum without fixing the breach leaves the premises non-compliant, and further enforcement can follow.

The previous tenant made the change. Is it still our problem?

A notice can be served on the occupier or owner of the premises where the hazard exists. Check the handover condition and your lease, and raise it with the landlord promptly.

Is this the same as a workplace safety offence?

No. Workplace safety is MOM’s area under different legislation. See Workplace Safety and Health Act penalties. More guides are on the business operations hub.

Received an SCDF notice?

If your company has received a Fire Hazard Abatement Notice or a Notice of Offence, contact the Raffles Corporate Services team at [email protected] or on WhatsApp at +65 8501 7133 or +65 9018 0072. We will help you understand the notice and its deadline, organise the company’s records and board approvals, and coordinate with the landlord and your professionals. Where prosecution is possible, we will refer you to a firm on our panel of Singapore law firms. Raffles Corporate Services is a corporate services provider, not a law firm, and this article is general information, not legal advice.

The Raffles Corporate Services Editorial Team

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