Comparison View

Formal Consolidation |  Amended Act 37 of 2020
Application of this Part
39H.—(1)  This Part applies in relation to an agreement where —
(a)the agreement was entered into —
(i)between —
(A)a housing developer and a purchaser for the sale and purchase of one or more units of housing accommodation; or
(B)a commercial developer and a purchaser for the sale and purchase of one or more units of commercial property,
before 25 March 2020 or pursuant to an option granted before that date; or
(ii)between the Housing and Development Board and a purchaser for the sale and purchase of one or more units of housing accommodation or commercial property where an option for any unit of housing accommodation or commercial property within the housing development or commercial development was granted before 25 March 2020;
(b)the agreement provides for a delivery date that is on or after 1 February 2020;
(c)a permit to carry out structural works in any building works for the housing accommodation or commercial property was granted under section 6(3) of the Building Control Act (Cap. 29) before 7 April 2020; and
(d)as at 7 April 2020, a temporary occupation permit in respect of the housing accommodation or commercial property has not been granted under section 12(3) of the Building Control Act.
(2)  However, this Part does not apply to any agreement if —
(a)any of the following, namely:
(i)proceedings before a court;
(ii)arbitral proceedings under the Arbitration Act (Cap. 10);
(iii)such other proceedings as may be prescribed,
have, before 2 November 2020, been commenced in relation to a failure to deliver possession of one or more units of housing accommodation or commercial property to the purchaser under the affected agreement by the original delivery date, including any such proceedings for purposes of enforcing any order or judgment obtained in those proceedings; or
(b)any judgment, arbitral award, or compromise or settlement entered into in the course or as a result of any proceedings in paragraph (a), has been given or made before 2 November 2020 in relation to the failure mentioned in that paragraph.
[Act 37 of 2020 wef 01/07/2021]
Informal Consolidation | Amended Act 9 of 2021
Application of this Part
39H.—(1)  This Part applies in relation to an agreement where —
(a)the agreement was entered into —
(i)between —
(A)a housing developer and a purchaser for the sale and purchase of one or more units of housing accommodation; or
(B)a commercial developer and a purchaser for the sale and purchase of one or more units of commercial property,
before 25 March 2020 or pursuant to an option granted before that date; or
(ii)between the Housing and Development Board and a purchaser for the sale and purchase of one or more units of housing accommodation or commercial property where an option for any unit of housing accommodation or commercial property within the housing development or commercial development was granted before 25 March 2020;
(b)the agreement provides for a delivery date that is on or after 1 February 2020;
(c)a permit to carry out structural works in any building works for the housing accommodation or commercial property was granted under section 6(3) of the Building Control Act (Cap. 29) before 7 April 2020; and
(d)as at 7 April 2020, a temporary occupation permit in respect of the housing accommodation or commercial property has not been granted under section 12(3) of the Building Control Act.
(2)  However, this Part does not apply to any agreement if —
(a)any of the following, namely:
(i)proceedings before a court;
(ii)arbitral proceedings under the Arbitration Act (Cap. 10);
(iii)such other proceedings as may be prescribed,
have, before 2 November 2020, been commenced in relation to a failure to deliver possession of one or more units of housing accommodation or commercial property to the purchaser under the affected agreement by the original delivery date, including any such proceedings for purposes of enforcing any order or judgment obtained in those proceedings; or
(b)any judgment, arbitral award, or compromise or settlement entered into in the course or as a result of any proceedings in paragraph (a), has been given or made before 2 November 2020 in relation to the failure mentioned in that paragraph.
[Act 37 of 2020 wef 01/07/2021]