Housing Developers Rules - Singapore Statutes Online

Housing Developers (Control and Licensing) Act

(Chapter 130, Section 22)

Housing Developers Rules

R 1

G.N. No. S 2/1985

REVISED EDITION 2008

(30th September 2008)

[4th January 1985]

Citation

1. These Rules may be cited as the Housing Developers Rules.

Definitions

2. In these Rules, unless the context otherwise requires —

“advertisement” includes —

(a)	any notice published in any newspaper, journal or magazine;
(b)	any circular, pamphlet, brochure or other document;
(c)	any announcement displayed on any hoarding, boarding, roof, wall, paling, fence, frame, signboard, plate, cloth, bar, pillar, post, wire, casing or other erection or contrivance; or
(d)	any announcement made by means of films or by means of broadcast sound receivers or television receivers;

“building” includes any completed building, or any building partially completed or to be erected, whether or not intended for any strata subdivision in accordance with any permission or authorisation for strata subdivision granted under the Planning Act (Cap. 232);

“Commissioner of Buildings” means the Commissioner of Buildings appointed under the Building Maintenance and Strata Management Act (Cap. 30C);

“Commissioner of Building Control” means the Commissioner of Building Control appointed under the Building Control Act (Cap. 29);

“housing project” means any land on which construction work is being carried out or has been carried out with a view to building 5 or more separate units for use as residential dwellings;

“land” includes land of any tenure, any building or part thereof, so much of the air-space above the surface as may be reasonably used or enjoyed by any proprietor, and all substances under the surface, whether or not held apart from the surface, and any estate or interest therein;

“limited common property” has the same meaning as in the Building Maintenance and Strata Management Act (Cap. 30C);

“lot” means a stratum which is shown as a lot on a strata title plan;

“registered land” has the same meaning as is assigned to it in the Land Titles (Strata) Act (Cap. 158);

“Registrar of Titles” means the Registrar of Titles appointed under the Land Titles Act (Cap. 157);

“strata subdivision” has the same meaning as is assigned to it in the Land Titles (Strata) Act;

“strata title plan” has the same meaning as in the Land Titles (Strata) Act;

“stratum” means any part of land consisting of a space of any shape below, on or above the surface of the land, or partly below and partly above the surface of the land, the dimensions of which are delineated;

“unit”, in relation to a housing project, means a unit in a housing project which can be used as a separate and complete dwelling.

Mandatory particulars in advertisements

3. Any advertisement (other than those conveyed by means of broadcast sound receivers or through television receivers) made by or on behalf of a licensed housing developer in respect of any housing project shall include the following particulars:

(a)	the name and the licence number of the housing developer;
(b)	the tenure of the land and encumbrances, if any, to which the land is subject;
(c)	the expected date when the purchasers of the units in the housing project will be able to take vacant possession of the units;
(d)	the expected date when the legal title of the units sold will be conveyed to the purchasers;
(e)	the location of the housing project including the lot number and Mukim/Town Subdivision; and
(f)	the building plan number allocated by the Commissioner of Building Control and the date of building plan approval.

Power of Controller to waive requirements

4. The Controller may, in his discretion, waive any of the requirements of these Rules relating to advertisements of housing projects.

Permission of Street and Building Names Board

5. Every licensed housing developer shall obtain the written permission of the Street and Building Names Board before using any name for any site used for a housing project.

Prohibited particulars in advertisements

6. An advertisement of a housing project shall not contain anything which suggests or is calculated to suggest —

(a)	the patronage of the President or of any of the members of his family;
(b)	any connection with any Government department, statutory body or public building or place; or
(c)	any attribute to which the housing developer cannot genuinely make a claim.

False particulars in advertisements

7. No person shall display or cause to be displayed any advertisement in relation to a housing project which —

(a)	contains any statement which is false or misleading;
(b)	fails to comply with the requirements of rule 3; or
(c)	contravenes rule 6.

Booking fee

8. A purchaser of a unit in a housing project shall be required to pay for any option or right to purchase the unit, a booking fee or make any other payment by whatever name it is called, which is not less than 5% but not more than 10% of the purchase price of the unit.

9.—(1) Every housing developer shall maintain a register as shown in Form A in the Schedule showing the particulars of the persons who have obtained options for the purchase of the units in a housing project.

(2) The Controller or any of his officers may require any housing developer to produce for his inspection the register maintained by the developer under paragraph (1).

Option

10.—(1) A housing developer shall give to an intending purchaser of a unit in a housing project an option for the purchase which shall be in Form B in the Schedule.

(2) The option granted by the housing developer shall not be assignable or transferable.

(3) No amendment, deletion or alteration to the option referred to in paragraph (1) shall be made except with the approval in writing of the Controller.

(4) Where the number of parking spaces to be provided in a housing project is less than the number of units in the housing project, the housing developer shall, before accepting a booking fee from an intending purchaser for an option to purchase a unit in that housing project —

(a)	notify the intending purchaser that information on the number of parking spaces and units in that housing project is available for his inspection at a specified place and during specified hours free of charge; and
(b)	make available such information for inspection at the specified place and during the specified hours if so requested by that intending purchaser.

(5) Where a unit in a housing project is intended to comprise a lot in a strata title plan, the housing developer shall, before accepting a booking fee from an intending purchaser for an option to purchase that unit —

(a)

notify the intending purchaser that the following documents are available for his inspection at a specified place and during specified hours free of charge:

(i)	a copy of the schedule of strata units or amended schedule of strata units for that housing project as filed with and accepted by the Commissioner of Buildings;
(ii)	where any common property of the housing project is designated as limited common property, a plan or description of the limited common property and the units in the housing project the purchasers of which will be entitled to the exclusive benefit of the limited common property; and

(b)

make available such documents for inspection at the specified place and during the specified hours if so requested by that intending purchaser.

Validity of option

11.—(1) Where a housing developer has granted to a person an option to purchase a unit in a housing project, he shall not grant to any other person an option to purchase the same unit until after the first-mentioned option has lapsed.

(2) An option granted by a housing developer to any person to purchase a unit in a housing project shall remain in force for 3 weeks from the date of delivery to the option holder’s solicitors of the title deeds or copies thereof and the draft agreement for the sale and purchase of the unit.

Sale and purchase agreement

12.—(1) An agreement made between a housing developer and a purchaser for the sale and purchase of a unit in a housing project which is not intended to comprise a lot in a strata title plan shall be in Form D in the Schedule.

(2) An agreement for the sale of a unit in a housing project which is intended to comprise a lot in a strata title plan shall be in Form E in the Schedule.

(3) No amendment, deletion or alteration shall be made to the agreement referred to in paragraph (1) or (2) without the prior approval in writing of the Controller.

(4) Any amendment, deletion or alteration to the agreement referred to in paragraph (1) or (2) made without the prior approval in writing of the Controller shall be null and void.

(5) The Singapore Academy of Law established under the Singapore Academy of Law Act (Cap. 294A) shall act as stakeholder under the agreements referred to in paragraphs (1) and (2).

Compliance with directions given by Controller

13.—(1) The Controller may, by giving directions in writing pursuant to section 23 of the Act, require a housing developer to furnish him with such information or particulars as the Controller may require pertaining to any housing project which is being carried out or has been completed by the housing developer.

(2) Where a direction referred to in paragraph (1) has been given by the Controller, the housing developer concerned shall comply with the direction within 14 days of the receipt of the direction unless the housing developer has prior to the expiration of the 14 days applied for an extension of time to comply with the direction.

(3) The housing developer shall supply the Controller with such information and documents as may be required in support of the application under paragraph (2).

(4) Where an application for an extension of time —

(a)	is rejected by the Controller, the housing developer shall comply with the direction referred to in paragraph (1) within 14 days of the receipt of the letter rejecting the application; or
(b)	is approved by the Controller, the housing developer shall comply with the direction referred to in paragraph (1) within such time as the Controller may determine.

Power of Controller to carry out investigations

14.—(1) The Controller may at any time carry out an investigation into any housing project and may, after consultation with the relevant Government authorities, give directions in writing pursuant to section 23 of the Act to require the housing developer of the housing project —

(a)

to seek the directions of the Registrar of Titles under ¹section 16 of the Land Titles Act (Cap. 157) within such time as the Controller may appoint;

¹This refers to section 16 of the 1985 Edition of the Land Titles Act which has been repealed in 1994 by the Land Titles Act 1993 (Act 27 of 1993).

(b)

to comply with the requirements of the competent authority necessary for the grant of written permission for the subdivision of land under section 12(3) of the Planning Act (Cap. 232) within such time as the Controller may appoint;

(c)

to comply with the requirements of the Commissioner of Building Control or other relevant authorities which are conditions precedent to the issue of the temporary occupation permits or the certificates of statutory completion for the units in the housing project sold by the housing developer within such time as the Controller may appoint;

(d)

to obtain separate titles for the units in the housing project sold by the housing developer within such time as the Controller may specify after the date of the grant of written permission by the competent authority for the subdivision of land under section 12(3) of the Planning Act (Cap. 232);

(e)

to employ registered surveyors to carry out the necessary surveys and to prepare the necessary plans for the housing project for submission to the Chief Surveyor appointed under the Boundaries and Survey Maps Act (Cap. 25) within such time as the Controller may appoint;

(f)

to discharge any mortgage (whether legal or equitable) or any charge of or on the land on which the housing project is carried out, or to repay either partially or in full any sums of money advanced to the housing developer under a mortgage of the land on which the housing project is carried out, within such time as the Controller may appoint; and

(g)

where the housing developer has failed to complete the sale of a unit in the housing project on or before the date appointed for the completion of the sale and purchase of the unit, to complete the sale of the unit in the housing project within such time as may be appointed by the Controller.

(2) Any direction given by the Controller pursuant to paragraph (1)(g) shall not prejudice the right of a purchaser to claim liquidated damages for the developer’s failure to complete the sale of any unit in a housing project on or before the date appointed for completion.

Developer not to seek waiver from purchaser without consent of Controller

15.—(1) A housing developer shall not, without the prior consent in writing of the Controller, seek from a purchaser of a unit in a housing project —

(a)	any waiver of the purchaser’s rights under an agreement for the sale and purchase of the unit; or
(b)	any release from the performance of the housing developer’s duties and obligations under the agreement for the sale and purchase of the unit.

(2) Any undertaking given by a purchaser of a unit in a housing project to a housing developer which seeks to waive the purchaser’s rights or claims against the housing developer for a breach of, or to release a housing developer from the performance of, the housing developer’s duties and obligations under an agreement for the sale and purchase of the unit shall be unenforceable unless the prior consent in writing of the Controller has been obtained.

Assignment by purchaser

16.—(1) Subject to this rule, where a purchaser of a unit in a housing project intends to assign or has assigned all his rights, title and interest under an agreement made between him and a housing developer for the sale and purchase of the unit, the housing developer shall, within 3 weeks of being so required in writing by the assignee, enter into a new agreement with the assignee for the sale and purchase of the unit with such terms and conditions as shall place the housing developer and the assignee in the same position as regards their respective rights and obligations as if the assignee were substituted for the purchaser in the original agreement.

(2) Where the new agreement requires or contains any amendment or alteration to or deletion of any term or condition in the original agreement for the sale and purchase of the unit, the developer shall submit an application to the Controller for approval of such amendment, alteration or deletion within one week of being required by an assignee to enter into a new agreement for the sale and purchase of the unit under paragraph (1), and the Controller may approve (wholly or partly and with or without modifications) or disapprove such an application.

(3) The housing developer shall immediately deliver to an assignee for the assignee’s signature the new agreement containing any amendment or alteration to or deletion of the terms and conditions in the original agreement only after the Controller has approved the amendment, alteration or deletion.

(4) The housing developer shall be entitled to charge the assignee a fee not exceeding $200 (exclusive of goods and services tax) and to require the assignee to reimburse him up to the amount of $200 for costs payable by the housing developer to his solicitor.

Plan of unit in housing project

17. A housing developer shall attach a plan of a unit in a housing project sold by him to the agreement for sale and purchase of the unit and the plan shall contain such particulars as are sufficient to enable the purchaser to lodge a caveat against the land on which the housing project is being erected.

Fee for licence

18. The fee payable by a housing developer for a licence granted under section 4(4) of the Act shall be as follows:

(a) licence for the development of a housing project having not more than 10 units

$2,000

(b) licence for the development of a housing project having more than 10 units but not more than 50 units

$4,500

$7,500

(d) licence for the development of a housing project having more than 100 units but not more than 200 units

$11,000

(e) licence for the development of a housing project having more than 200 units but not more than 400 units

$14,000

(f) licence for the development of a housing project having more than 400 units

$17,000.

Offences-

19.—(1) Any person —

(a)	who refuses or neglects to comply with or acts in contravention of any of the provisions of these Rules;
(b)	who, being a person required under these Rules to furnish any statement or information to the Controller, makes or gives any statement or information which is false, misleading or inaccurate in any material particular; or
(c)	who, in making an application for a licence granted under section 4(4) of the Act, makes or gives any statement or information which is false, misleading or inaccurate in any material particular,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

(2) Any person who knowingly and wilfully aids, abets, procures or instigates the commission of an offence under this rule shall be guilty of an offence and shall be liable on conviction to be punished with the punishment provided for the offence.

Savings and transitional provisions

20.—(1) An option which has been granted by a developer prior to 1st October 1997 to any person for the purchase of any unit in any housing project shall continue to be in force as if the Housing Developers (Amendment) Rules 1997 (G.N. No. S 393/97) had not been made until the option has lapsed or has been exercised by the intending purchaser.

(2) Where a purchaser of any unit in a housing project under an agreement made before 1st October 1997 assigns on or after that date all his right, title or interest under that agreement, the new agreement with the assignee for the sale and purchase of that unit shall be in the new form prescribed by the Housing Developers (Amendment) Rules 1997 notwithstanding anything to the contrary in these Rules.

(3) Nothing in the Housing Developers (Amendment) Rules 1997 shall require the Singapore Academy of Law established under the Singapore Academy of Law Act (Cap. 294A) to act as stakeholder under any agreement for the sale and purchase of any unit in a housing project if it was made before 1st October 1997.

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