Comparison View

Formal Consolidation |  Amended Act 37 of 2020
Extension of delivery date
39I.—(1)  Despite any law or anything in the affected agreement, the delivery date provided by the affected agreement for the unit or units in question is extended by a period not exceeding 122 days after that date, if the developer notifies the purchaser of the period of the extension —
(a)in the prescribed form and manner; and
(b)within the prescribed time.
(2)  The delivery date may be extended under subsection (1) one or more times, except that the total period of all extensions must not exceed 122 days.
(3)  Despite subsection (2), the original delivery date may be extended for a period exceeding 122 days in accordance with subsections (4) and (5), but only after the developer has extended the original delivery date by a total period of 122 days under subsection (1).
[Act 9 of 2021 wef 01/07/2021]
(4)  For the purpose of subsection (3), the developer must notify the purchaser of its intention to extend the delivery date and of the proposed period of extension —
(a)in the prescribed form and manner; and
(b)within the prescribed time.
(5)  For the purpose of subsection (3), where an assessor certifies under section 39O(1)(a) that —
(a)the developer is unable to deliver possession of the unit or units of housing accommodation or commercial property by the delivery date in question and the inability is to a material extent caused by a COVID-19 event; and
(b)the developer may only be reasonably expected to deliver possession of the unit or units by the end of a specified period after the delivery date in question,
then the delivery date in question is extended by the specified period in paragraph (b).
(6)  The developer must notify the purchaser of the assessor’s certification —
(a)in the prescribed form and manner; and
(b)within the prescribed time.
(7)  Where the delivery date is extended under subsection (1) or (5), then, despite any law or anything in the affected agreement —
(a)the extended delivery date following the extension is treated as the delivery date provided by the affected agreement, for the purposes of the affected agreement; and
(b)any liability for a failure to comply with the delivery date (without the extension) is extinguished, except in prescribed circumstances or to the extent prescribed.
[Act 37 of 2020 wef 01/07/2021]
Informal Consolidation | Amended Act 9 of 2021
Extension of delivery date
39I.—(1)  Despite any law or anything in the affected agreement, the delivery date provided by the affected agreement for the unit or units in question is extended by a period not exceeding 122 days after that date, if the developer notifies the purchaser of the period of the extension —
(a)in the prescribed form and manner; and
(b)within the prescribed time.
(2)  The delivery date may be extended under subsection (1) one or more times, except that the total period of all extensions must not exceed 122 days.
(3)  Despite subsection (2), the original delivery date may be extended for a period exceeding 122 days in accordance with subsections (4) and (5), but only after the developer has extended the original delivery date by a total period of 122 days under subsection (1).
[Act 9 of 2021 wef 01/07/2021]
(4)  For the purpose of subsection (3), the developer must notify the purchaser of its intention to extend the delivery date and of the proposed period of extension —
(a)in the prescribed form and manner; and
(b)within the prescribed time.
(5)  For the purpose of subsection (3), where an assessor certifies under section 39O(1)(a) that —
(a)the developer is unable to deliver possession of the unit or units of housing accommodation or commercial property by the delivery date in question and the inability is to a material extent caused by a COVID-19 event; and
(b)the developer may only be reasonably expected to deliver possession of the unit or units by the end of a specified period after the delivery date in question,
then the delivery date in question is extended by the specified period in paragraph (b).
(6)  The developer must notify the purchaser of the assessor’s certification —
(a)in the prescribed form and manner; and
(b)within the prescribed time.
(7)  Where the delivery date is extended under subsection (1) or (5), then, despite any law or anything in the affected agreement —
(a)the extended delivery date following the extension is treated as the delivery date provided by the affected agreement, for the purposes of the affected agreement; and
(b)any liability for a failure to comply with the delivery date (without the extension) is extinguished, except in prescribed circumstances or to the extent prescribed.
[Act 37 of 2020 wef 01/07/2021]