Compulsory acquisition of housing accommodation and vesting in Board
9.—(1) Where any housing accommodation under the executive condominium scheme has been purchased, the Minister may direct the Board to compulsorily acquire the housing accommodation if the Minister is satisfied that —
(a)
any purchaser thereof or his or her spouse has ceased to occupy the housing accommodation within the minimum occupation period;
(b)
subject to subsection (10), any purchaser thereof or his or her spouse has at any time acquired, by operation of law or otherwise, any title to, or an estate or interest in, any flat, house, building or land;
(c)
the housing accommodation has been used otherwise than as a housing accommodation within the minimum occupation period;
(d)
any purchaser thereof has assigned, underlet or parted with the possession of the housing accommodation within the minimum occupation period without obtaining the Minister’s prior written consent;
(e)
any purchaser thereof has failed to perform or observe any term or condition contained in the agreement for the sale and purchase of the housing accommodation after the Board or the developer has served him or her a written notice drawing his or her attention to the non‑performance or non‑observance of such term or condition;
(f)
any purchaser thereof has made a misleading or false statement in his or her application for the purchase of the housing accommodation;
(g)
any purchaser thereof has made a misrepresentation of a material fact, whether innocently or otherwise, relating to the purchase of the housing accommodation;
(h)
any purchaser thereof has contravened section 7(1)(b);
(i)
any purchaser thereof has, within the minimum occupation period, ceased to be a citizen of Singapore; or
(j)
any purchaser thereof has failed to pay to the Board any premium under section 10.
(2) Where the Minister has made a direction under subsection (1) to compulsorily acquire a housing accommodation under the executive condominium scheme, the Board must serve a written notice on —
(a)
the owner of the housing accommodation; and
(b)
all persons known or believed to be interested in claiming all or any part of the compensation to be paid for the housing accommodation,
stating the Board’s intention to acquire the housing accommodation and the compensation to be paid therefor.
(3) The Board may —
(a)
lodge an instrument with the Registrar of Titles for the vesting in the Board of the title to, or the estate or interest in, the housing accommodation on the expiry of a period of 28 days after the date the notice mentioned in subsection (2) is served; and
(b)
in the case where no assurance has been registered in favour of the owner, serve a written notice on the owner of the housing accommodation to terminate the sale and purchase agreement and to repossess the housing accommodation.
(4) The Registrar of Titles must register any instrument lodged under subsection (3) without being concerned to inquire into its regularity or validity, and upon its registration —
(a)
the title to, or the estate or interest in, the housing accommodation vests in the Board free from all encumbrances (except for such subsisting covenants, conditions or restrictions (if any) as may be binding on the Board); and
(b)
the Registrar of Titles must cancel the registration of any mortgage, charge or assurance thereby overreached and any caveat protecting a mortgage, charge or assurance registered or notified on the land‑register.
(5) The Board —
(a)
may deduct, from any compensation payable under this section, any administrative and legal costs reasonably incurred; and
(b)
must hold the remainder in trust to be paid according to the order of priority prescribed by the Minister.
(6) The amount of compensation to be paid by the Board for any housing accommodation compulsorily acquired by the Board under this section shall be prescribed by the Minister.
(7) Where —
(a)
any person entitled to any compensation payable under this section —
(i)
refuses to accept it; or
(ii)
cannot with due diligence be found; or
(b)
there is any dispute as to the apportionment of the compensation,
the Board must apply to the General Division of the High Court ex parte by originating summons, supported by an affidavit, for an order to deposit the whole or a part of the amount of compensation in court and, despite anything to the contrary in the Rules of Court for the time being in force, the General Division of the High Court may make such an order.
[40/2019]
(8) Where any housing accommodation has been vested in the Board under this section, the Board may proceed to take possession of the housing accommodation on the expiry of a period of 30 days after the date a notice is served on the owner thereof and if any of the officers or agents of the Board is opposed or impeded in taking possession under this section of any housing accommodation, the Board may take such measures as are necessary —
(a)
to have the occupiers evicted from the housing accommodation and to enforce the surrender of the same; and
(b)
to remove all things and other movable property found in the housing accommodation.
(9) For the purpose of ascertaining whether subsection (1) has been contravened, the Minister may direct the Board to enter any housing accommodation under the executive condominium scheme at any reasonable time upon production of its authority in writing.
(10) Subsection (1)(b) does not apply to a purchaser of any housing accommodation or to his or her spouse who has purchased or acquired, with the Minister’s prior written consent, any commercial property not exceeding $250,000 in value, or such higher value as the Minister may allow, at the time of purchase.
(11) For the purpose of this section, “purchaser” includes any sub‑purchaser unless the context otherwise requires.