Statute Details
- Title: Lease Agreements for Retail Premises Act 2023
- Act Code: LARPA2023
- Act No.: No. 28 of 2023
- Long Title (summary): Establishes the Fair Tenancy Industry Committee, sets terms for leasing retail premises, provides dispute resolution for leasing terms, and related matters.
- Commencement Date: 1 February 2024
- Current Version: Current version as at 27 March 2026
- Parts: Part 1 (Preliminary); Part 2 (Fair Tenancy Industry Committee); Part 3 (Code of Conduct); Part 4 (Dispute Resolution); Part 5 (Miscellaneous)
- Key Provisions (by topic): Committee establishment and functions (ss. 3–4); Code of Conduct and permitted deviations (ss. 5–8); complaints and dispute resolution (ss. 9–15); confidentiality of mediation/adjudication communications (ss. 16–22); settlement and enforcement (ss. 23–27); miscellaneous provisions including effect on other proceedings and publication (ss. 28–35)
- Schedules: First Schedule (period of lease/extension/renewal); Second Schedule (retail premises)
- Related Legislation: Retail Premises Act 2023
What Is This Legislation About?
The Lease Agreements for Retail Premises Act 2023 (“LARPA”) is Singapore’s legislative framework aimed at improving fairness and consistency in the leasing of retail premises. In practical terms, it creates a structured system that (i) sets leasing principles through a Code of Conduct, (ii) allows limited departures from those principles via a formal “permitted deviation” mechanism, and (iii) provides a dedicated dispute resolution pathway for complaints of non-compliance.
Retail tenancy disputes often involve complex commercial realities—rent, renewal terms, fit-out obligations, operational constraints, and the bargaining power imbalance that can exist between landlords and tenants. LARPA responds by focusing on process and transparency: it requires landlords and tenants to align their lease arrangements with defined leasing principles, while also providing a legally recognised method to resolve disputes without immediately resorting to full court litigation.
Scope-wise, LARPA does not regulate every lease in Singapore. It targets “qualifying leases” for “retail premises” that meet specified duration thresholds and are signed on or after the commencement of Part 3. This ensures that the regime applies to leases where the policy objectives—stability, predictability, and fair dealing—are most relevant.
What Are the Key Provisions?
1) Establishment of the Fair Tenancy Industry Committee (Part 2)
LARPA establishes the Fair Tenancy Industry Committee (“the Committee”). The Committee is appointed by the relevant authority and is tasked with functions that support the overall regulatory scheme. While the extract provided does not reproduce the full text of section 4, the structure of the Act indicates that the Committee is central to administering or overseeing the Code of Conduct and related compliance mechanisms.
2) Code of Conduct and “permitted deviations” (Part 3)
Part 3 is the heart of the substantive leasing policy. Section 5 provides for a “Code of Conduct for Leasing of Retail Premises in Singapore” (the “Code of Conduct”). The Code of Conduct contains “leasing principles” that set requirements and best practices for landlords and tenants in relation to qualifying leases.
Importantly, LARPA recognises that not every lease can be identical. Section 6 requires compliance with the leasing principles in the Code of Conduct. However, sections 7 and 8 introduce a structured exception: a “declaration of permitted deviation” can be made jointly by the landlord and tenant, stating that they have agreed on a permitted deviation for the relevant lease. This mechanism is designed to preserve flexibility while maintaining accountability—permitted deviations are not informal side agreements; they are documented through a formal declaration.
Section 8 then restricts disclosure of information concerning or contained in declarations of permitted deviations. This is a confidentiality and privacy safeguard: it prevents parties from using permitted deviation declarations as leverage in unrelated disputes or for public disclosure, while still enabling the regulatory system to function.
3) Complaints of non-compliance and dispute resolution (Part 4, Divisions 1–2)
When a party believes the other has not complied with a leasing principle in the Code of Conduct, LARPA provides a complaint mechanism. Section 9 introduces “complaints of non-compliance.” A complaint is filed with an “authorised dispute resolution body” authorised by the Minister under section 10(1). The Act defines key terms such as “applicant” (the complainant) and “respondent” (the other party).
Once a complaint is filed, the dispute resolution pathway can involve mediation or adjudication. Sections 11 and 12 provide for reference of the complaint to a mediator or an adjudicator. The Act also includes a “stay of court proceedings” provision (section 13), which is significant for practitioners: it indicates that where the statutory dispute resolution process is engaged, court proceedings may be paused to allow the specialised mechanism to take effect.
Section 14 addresses fees of adjudication proceedings, and section 15 provides protection from liability for mediators, adjudicators, and authorised dispute resolution bodies. This is typical of statutory dispute resolution regimes, encouraging participation by reducing personal legal exposure for decision-makers acting in their official capacity.
4) Confidentiality of mediation and adjudication communications (Part 4, Division 3)
LARPA contains detailed confidentiality rules. These are crucial in commercial disputes because parties often share candid information during mediation or in the course of adjudication. The Act distinguishes between “mediation communications” and “adjudication communications,” and sets out restrictions on disclosure and rules on admissibility in evidence.
For mediation communications, sections 17–20 impose restrictions on disclosure and address admissibility. In particular, section 19 states that mediation communications are not automatically admissible in evidence, and section 20 requires permission of the court or arbitral tribunal for disclosure or admission in evidence. This promotes settlement by protecting the “without prejudice” character of mediation discussions.
For adjudication communications, sections 21–22 similarly restrict disclosure and provide permitted disclosures. The practical effect is that parties should assume that communications in the statutory process are protected, and that any attempt to use them in subsequent litigation will require careful legal analysis and, where relevant, permission.
5) Outcomes and enforcement (Part 4, Division 4)
LARPA provides for enforceable outcomes. Section 23 addresses settlement agreements in mediation, while section 24 addresses settlement agreements in adjudication. Section 25 provides for “determinations in adjudication” by adjudicators. The enforcement provisions in sections 26 and 27 are particularly important: they enable enforcement of settlement agreements and adjudication determinations, including through mechanisms that make the statutory process effective rather than merely advisory.
For lawyers, this means that once parties enter mediation or adjudication under the Act, the resulting settlement or determination can carry real legal consequences. Practitioners should therefore treat the process as litigation-adjacent in seriousness, especially where enforcement is contemplated.
6) Miscellaneous procedural and legal effects (Part 4, Division 5; Part 5)
Section 28 provides the “effect on other proceedings,” which likely clarifies how the Act interacts with other legal actions. Part 5 includes provisions such as: the Act binding the Government (section 29), publication of non-compliance with the Act or Code of Conduct (section 30), amendment of schedules (section 31), general exemption (section 32), rules of court (section 33), regulations (section 34), and saving/transitional provisions (section 35).
Section 30 is a notable compliance lever: publication of non-compliance can create reputational and commercial pressure, incentivising parties to comply or to resolve disputes promptly and responsibly.
How Is This Legislation Structured?
LARPA is organised into five parts. Part 1 (sections 1–2) sets out the short title, commencement, and key definitions. Part 2 (sections 3–4) establishes the Fair Tenancy Industry Committee and sets out its functions. Part 3 (sections 5–8) introduces the Code of Conduct, the obligation to comply with leasing principles, and the permitted deviation framework, including confidentiality restrictions around permitted deviation declarations.
Part 4 (sections 9–28) is the dispute resolution engine. It is divided into: Division 1 (complaints of non-compliance); Division 2 (authorised dispute resolution bodies, mediators, adjudicators, and the mechanics of mediation/adjudication, including stay of court proceedings, fees, and protection from liability); Division 3 (confidentiality rules for mediation and adjudication communications, including admissibility and permission requirements); Division 4 (settlements, determinations, and enforcement); and Division 5 (miscellaneous, including effect on other proceedings).
Part 5 (sections 29–35) covers general legal effects and administrative matters, including how the Act binds Government, publication, amendments to schedules, exemptions, and regulatory-making powers.
Who Does This Legislation Apply To?
LARPA applies to parties involved in “qualifying leases” for “retail premises.” The Act defines “landlord” and “tenant” through the lease relationship, and it defines “lease” broadly to include a licence, sub-lease, and sub-licence. This breadth matters: practitioners should not assume that only formal head leases are covered; the statutory regime may extend to structured arrangements that function as leases.
Under the definition of “qualifying lease,” the agreement for the lease (or extension/renewal) must be signed on or after the date of commencement of Part 3, and the lease period must meet or exceed the duration specified in the First Schedule. The “retail premises” covered are those specified in the Second Schedule. Accordingly, applicability turns on (i) the premises category, (ii) the lease duration threshold, and (iii) the signing date relative to Part 3 commencement.
In addition, the Act applies procedurally to disputes brought as “complaints of non-compliance” under section 9, which are heard by authorised dispute resolution bodies, mediators, and adjudicators appointed or maintained under the Act’s authorisation framework.
Why Is This Legislation Important?
LARPA is important because it converts “fairness” in retail leasing from a largely voluntary or contractual concept into a structured legal regime with enforceable dispute resolution outcomes. For landlords and tenants, the Code of Conduct and permitted deviation system create clearer expectations about what constitutes acceptable leasing practice.
From a litigation and advisory perspective, the Act’s dispute resolution architecture is designed to be efficient and specialised. The availability of mediation and adjudication, coupled with confidentiality protections, encourages early resolution. The “stay of court proceedings” provision signals that parties should anticipate that courts may defer to the statutory process where appropriate.
Finally, enforcement provisions and publication of non-compliance elevate the practical stakes. A party cannot assume that non-compliance complaints will remain informal. Settlement agreements and adjudication determinations can be enforced, and non-compliance may be publicly disclosed. Practitioners should therefore advise clients to (i) ensure compliance with the Code of Conduct at the contracting stage, (ii) document permitted deviations properly where reliance on them is intended, and (iii) treat mediation/adjudication communications as protected and strategically managed.
Related Legislation
- Retail Premises Act 2023
Source Documents
This article provides an overview of the Lease Agreements for Retail Premises Act 2023 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.