Assessor’s determination
39O.—(1)  The assessor must —
(a)in relation to an application under section 39L(1)(a) —
(i)determine whether the developer is unable to deliver possession of the relevant unit or units of housing accommodation or commercial property by the delivery date in question, and whether the inability is to a material extent caused by a COVID-19 event; and
(ii)determine and certify the period at the end of which the developer may reasonably be expected to deliver possession; and
(b)in relation to an application under section 39L(1)(b) —
(i)determine whether any costs claimed by the purchaser are qualifying costs and the amount of reimbursement that the purchaser is, under section 39K, entitled to claim from the developer; or
(ii)where it is just and fair to do so, determine that the amount of reimbursement that the purchaser is entitled to claim under section 39K is instead, the aggregate of —
(A)the costs set out in paragraph (a) of the definition of “qualifying costs” in section 39G; and
(B)a prescribed percentage of the costs mentioned in sub-paragraph (A),
up to the prescribed amount mentioned in section 39K(1)(a).
(2)  The assessor’s certification under subsection (1)(a) —
(a)if made in relation to all the units in a housing accommodation or commercial property — is binding on the developer and the purchaser of each of those units; and
(b)if made in relation to any number of specified units in the housing accommodation or commercial property — is binding on the developer and the purchaser of each of those specified units.
(3)  The assessor’s determination under subsection (1)(b) is binding on the developer and the purchaser.
(4)  There is no appeal from an assessor’s determination.
[Act 37 of 2020 wef 01/07/2021]