PART 4 | SALE OF FLATS, HOUSES OR OTHER BUILDINGS |
| Power to sell and restrictions as to registration |
49.—(1) The Board may, with the Minister’s approval, sell any developed land or part thereof.| (2) The Registrar of Deeds and the Registrar of Titles must not, without the written consent of the Board, register any assurance relating to any developed land or part thereof which has been sold under the provisions of this Part. |
| (3) The certificate of the Board that any developed land or part thereof has been sold under the provisions of this Part is conclusive evidence of that fact. [46 |
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| Restrictions as to purchase |
50.—(1) A person is not entitled to purchase any flat, house or other living accommodation sold subject to the provisions of this Part if the person, his or her spouse or any authorised occupier —| (a) | is the owner of any other flat, house, building or land or has an estate or interest therein; or | | (b) | has, at any time within 30 months immediately prior to the date of making an application to the Board to purchase the same, or between the date of the application and the date of completion of the purchase of the flat, house or other living accommodation, sold any flat, house, building or land of which the person was the owner, or divested himself or herself of any interest therein. |
| (2) Where a person purchases a flat, house or other living accommodation in contravention of subsection (1), the person must not present for registration under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993 the assurance of the flat, house or other living accommodation. |
(3) The Board must, on discovery of such a purchase —| (a) | serve a written notice upon the purchaser of the flat, house or other living accommodation of its intention to lodge with the Registrar of Deeds or the Registrar of Titles (as the case may be) an instrument under subsection (5) for the vesting in the Board of the title to or the estate or interest in that flat, house or other living accommodation; or | | (b) | where no lease has been registered in favour of the purchaser, serve a written notice of the intention of the Board to terminate the agreement for a lease and to re-enter upon the flat, house or other living accommodation or part thereof in the name of the whole and thereupon any interest of the purchaser determines absolutely. |
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| (4) The purchaser may, within 14 days after the service of the notice, appeal to the Minister whose decision is final and is not to be called in question in any court. |
| (5) Where an appeal has been made to the Minister under subsection (4), the Board must not proceed to vest the title to or the estate or interest in the flat, house or other living accommodation in itself, or to repossess the flat, house or other living accommodation, until the appeal has been disposed of. |
| (6) The Registrar of Deeds or the Registrar of Titles (as the case may be) must register any instrument, lodged under subsection (5), without being concerned to inquire into its regularity or validity. |
| (7) Upon its registration the title to or the estate or interest in the flat, house or other living accommodation vests in the Board without further assurance free from all encumbrances (save such subsisting covenants, conditions or restrictions (if any) as may be binding on the Board) for such title, estate or interest as the Board would have had on the date of the registration of the instrument, if there had been no sale of the flat, house or other living accommodation. |
(8) Upon the registration of such an instrument —| (a) | in the case of a flat, house or other living accommodation, registered under the provisions of the Registration of Deeds Act 1988, the Registrar of Deeds must make an entry in the books of the registry that the flat, house or other living accommodation has vested in the Board in accordance with subsection (7), and upon that entry being made, the flat, house or other living accommodation vests in the Board free from all encumbrances, subject to such subsisting covenants, conditions or restrictions (if any) as may be binding on the Board; or | | (b) | in the case of a flat, house or other living accommodation, registered under the provisions of the Land Titles Act 1993, the flat, house or other living accommodation vests in the Board free from all encumbrances, subject to such subsisting covenants, conditions or restrictions (if any) as may be binding on the Board, and the Registrar of Titles must cancel the registration of any mortgage, charge or lease thereby overreached. |
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| (9) The Board may, in its discretion, forfeit any moneys paid or deposited in respect of the purchase of any flat, house or other living accommodation from the Board if the Board discovers that the person who has purchased or seeks to purchase the flat, house or other living accommodation has acted in contravention of subsection (1). |
| (10) The Board may, in its discretion or on the direction of the Minister, exempt any person or class of persons from all or any of the provisions of this section. |
| (11) Despite subsection (1), the Board may sell or lease a flat, house or other living accommodation to any person, even though the person, his or her spouse or any authorised occupier has purchased or acquired, with the prior written consent of the Board, any commercial property not exceeding in value $250,000 or such higher value as the Minister may allow, and that commercial property is used or intended to be used by any such person for business purposes. |
(12) Without affecting any other rights, contractual or otherwise, which the Board may exercise, the Board may cancel an application to the Board, whether registered before or after 5 September 1986, for the purchase of a flat, house or other living accommodation where —| (a) | the applicant has made any misrepresentation of a material fact or false statement in a material particular, whether innocently or otherwise, in relation to his or her application; | | (b) | the applicant, his or her spouse or any person above the age of 14 years listed in his or her application as intending to reside in the premises applied for has been convicted of an offence under section 304A, 336, 337 or 338 of the Penal Code 1871 in connection with the throwing of any matter or thing from any property belonging to, sold by or leased from the Board; | | (c) | the applicant has paid in full or partially the purchase price or any loan for the purchase of the flat, house or other living accommodation with any cash grant made by the Government to the owner and paid into the owner’s account with the Central Provident Fund pursuant to section 14 of the Central Provident Fund Act 1953 and the applicant fails or refuses to return the money to the Government when he or she is required to do so under the terms of the grant; or | | (d) | the applicant, his or her spouse or any person listed in his or her application as intending to reside in the premises applied for has been convicted of an offence under any written law relating to immigration for giving food or shelter to any person who has entered, remained or stayed in Singapore in contravention of any written law relating to immigration or for assisting such person in any way to evade apprehension. [47 |
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| Power to vary terms and conditions |
51.—(1) The Board has power to vary the terms and conditions of any application made by an applicant and registered with the Board, whether before or after 5 September 1986, for the sale and purchase of any flat, house or other living accommodation sold subject to the provisions of this Part.| (2) Where an applicant refuses or fails to accept the terms and conditions as varied by the Board under subsection (1), the Board may cancel his or her application and refund the deposit and administrative fees paid by the applicant. |
| (3) No proceedings shall be instituted in any court by the applicant against the Board to recover any loss suffered, directly or indirectly, by the applicant arising out of or caused by the cancellation of his or her application under subsection (2). [48 |
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| Board and lessees to be discharged from certain restrictive covenant |
52.—(1) Despite the provisions of any written law but subject to subsection (3), the Board and every lessee of any flat comprised in any building comprising flats sold by the Board is discharged, respectively, from the following covenant:| (a) | in the case of a lessee, from any covenant in the lease —| (i) | restricting or prohibiting the use of the flat for any trade, business, manufacture or commercial purpose; | | (ii) | prohibiting the erection or putting up of any signboard, advertisement, billboard or other sign on the exterior of the flat; or | | (iii) | which would impede the reasonable use of that flat for any commercial purpose; |
| | (b) | in the case of the Board, from any covenant in the lease requiring the Board —| (i) | to grant any lease of any other flat comprised in that same building subject to any covenant mentioned in paragraph (a)(i), (ii) or (iii); or | | (ii) | to enforce any covenant mentioned in paragraph (a)(i), (ii) or (iii) on behalf of any lessee of any flat comprised in that same building. |
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| (2) No proceedings shall be instituted in any court by any person entitled (whether before or after 1 April 1992) to the benefit of any covenant mentioned in subsection (1) to recover any loss or disadvantage suffered by that person in consequence of the discharge of that covenant. |
| (3) Despite subsection (1), a lessee must not use or allow to be used his or her flat or any part of the flat for any purpose that is not permitted by the lease unless he or she has the prior written approval of the Board. [48A |
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| Execution of sale and other instruments by Board on behalf of certain purchasers of flats |
53.—(1) Where —| (a) | a flat is sold by the Board to any person under this Part or a loan is granted by the Board to any person under section 12(d); and | | (b) | the person has failed, refused or neglected to execute any instrument relating to the sale or mortgage of the flat required for registration under the Land Titles Act 1993 or the Registration of Deeds Act 1988 after the Board has sent a notice requiring the person to execute the instrument, |
| the Board may execute the instrument on behalf of the person. |
| (2) The Board is deemed to be the duly appointed attorney of the person mentioned in subsection (1) for the purpose of effectuating any sale or mortgage of the flat under the instrument that is required to be registered under the Land Titles Act 1993 or the Registration of Deeds Act 1988. |
| (3) The execution of any instrument under subsection (1) by the Board on behalf of the lessee, assignee or mortgagor of any flat comprised in the instrument is deemed to have been properly effected. |
| (4) The Registrar of Titles, the Registrar of Deeds and any purchaser of the flat need not be concerned to enquire into the regularity or validity of the instrument mentioned in subsection (3) insofar as it affects the Board’s execution of the instrument in its representative capacity under this section. [48B |
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54.—(1) Where —| (a) | a flat is sold by the Board to any person under the provisions of this Part; or | | (b) | any estate or interest in such flat is —| (i) | subsequently transferred by or to any person with the written consent of the Board; or | | (ii) | surrendered to the Board, |
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| and a solicitor is not employed by the person to act for him or her in the transaction, the Board may by its duly authorised officer act for the person. |
(2) Where the Board acts for the person mentioned in subsection (1), then for the purposes of the registration of any instrument relating to the sale of the flat or the transaction in respect of the flat —| (a) | in the case of an instrument which is required to be registered under the Registration of Deeds Act 1988, section 11 of that Act does not apply if a duly authorised officer of the Board certifies that the flat has been sold under the provisions of this Part; and | | (b) | in the case of an instrument which is required to be registered under the provisions of the Land Titles Act 1993, a certificate of an officer of the Board duly authorised by the Board to act for the person mentioned in subsection (1) is sufficient for the purposes of section 59(3) of that Act. |
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(3) In this section —| “flat” means any flat, house or other building or living accommodation sold by the Board under the provisions of this Part; |
| “transfer”, with reference to a flat, means the conveyance, sale, purchase, assignment, mortgage, charge or the disposal in any manner of any estate or interest in a flat and includes a discharge of a mortgage, or a reconveyance, or the devolution of the rights of a deceased owner of a flat to another person, and “transferred” is to be construed accordingly. |
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| (4) Section 33 of the Legal Profession Act 1966 does not apply to any officer of the Board acting for any party to the transactions mentioned in subsection (1). [49 |
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| Prohibition of sale within minimum occupation period, etc. |
55.—(1) Except with the prior written consent of the Board, an owner of any flat, house or other building which has been sold by the Board under the provisions of this Part must not, within the prescribed minimum occupation period, by contract, agreement or otherwise, sell or agree to sell his or her flat, house or other building or any estate or interest therein to any other person.| (2) Unless otherwise authorised by the Board, every contract, agreement or other document relating to the sale of any such flat, house or other building which is made between the owner of the flat, house or other building and a purchaser other than the Board must be in the prescribed form. |
| (3) Any contract, agreement or other document which is made on or after 20 November 1998 in contravention of subsection (1) or (2) is void. [49A |
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| Flat, house or other building not to be sold, mortgaged, etc., without consent of Board |
56.—(1) No flat, house or other building which has been sold by the Board under the provisions of this Part may be sold, leased, mortgaged or disposed of without the prior written consent of the Board.| (2) Where any assignment, mortgage, transfer, charge or lease of any such flat, house or other building which is executed by or on behalf of the owner thereof without the prior written consent of the Board is registered under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993, the Board may, by an instrument lodged with the Registrar of Deeds or the Registrar of Titles (as the case may be), declare the assignment, mortgage, transfer, charge or lease to be void. |
| (3) The Registrar of Deeds or the Registrar of Titles (as the case may be) must register the instrument without being concerned to inquire into its regularity or validity, and upon registration of the instrument must cancel the registration of any such assignment, mortgage, transfer, charge or lease. |
| (4) Any assignment, mortgage, transfer, charge or lease by an owner of a flat, house or other building sold subject to the provisions of this Part which would not be void but for this section, is deemed to be valid for the purposes of any legal proceedings instituted by the Board under sections 62 and 63. [50 [13/2015] |
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| Purchase of flats, houses and other living accommodation by bodies corporate |
57.—(1) Despite section 50, the Minister may, by order in the Gazette, declare any body corporate established by any written law to be entitled to purchase any flat, house or other living accommodation sold subject to the provisions of this Part.| (2) Where an order is made under subsection (1) in relation to any body corporate, the provisions of this Part apply with such modifications as may be specified in the order. [50A |
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| Property not to be used as security or attached, etc., and no trust in respect thereof to be created without approval of Board |
| 58.—(1) Subject to subsections (4) and (5), any contract or agreement to directly or indirectly use protected property (or the proceeds of sale of protected property) as security or collateral for any debt, obligation or claim is void. [18/2010; 35/2020] | (2) Any act (including the deposit of title deeds), deed, instrument or document that purports to protect rights under or give effect to any contract or agreement that is void under subsection (1) is of no effect and does not result in or create any interest in land and is not capable of being registered under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993. [18/2010] |
(3) Where any deed, instrument or document mentioned in subsection (2) is registered under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993 —| (a) | the Board may, by an instrument lodged with the Registrar of Deeds or the Registrar of Titles (as the case may be) declare the deed, instrument or document to be void; and | | (b) | the Registrar of Deeds or the Registrar of Titles must register the instrument lodged by the Board under paragraph (a) without being concerned to inquire into its regularity or validity, and upon registration of the instrument must cancel the registration of the deed, instrument or document declared by the Board to be void. [18/2010] |
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(4) Subsection (1) does not apply if the security or collateral is to be created or granted in favour of —| (a) | the Board; | | (b) | an approved financial institution; or | | (c) | any person or person belonging to a class of persons prescribed by the Minister as a person to whom, or a class of persons to which, subsection (1) will not apply. [18/2010] |
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| (5) Subsection (1) does not apply to any contract, agreement or arrangement under which an approved financial institution uses any of its interest in any security over any protected property as security or collateral for the grant of any facility by the MAS to the approved financial institution. [35/2020] |
| (6) No protected property is to vest in the Official Assignee on the bankruptcy of the owner thereof. [18/2010] |
(7) No protected property is to be attached in execution of an order of any court unless the order of the court is obtained by —| (a) | a mortgagee in exercise of the mortgagee’s rights under a mortgage created with the prior written consent of the Board over that property; or | | (b) | a chargee in exercise of the chargee’s rights under a charge under any written law over that property. [18/2010] |
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| (8) Subsections (6) and (7) do not apply if the sole owner of any protected property is not a citizen of Singapore or, where there is more than one owner, all the owners are not citizens of Singapore. [18/2010] |
| (9) No trust in respect of any protected property may be created by the owner thereof without the prior written approval of the Board. [18/2010] |
| (10) Every trust which purports to be created in respect of any protected property without the prior written approval of the Board is void. [18/2010] |
| (11) No person is to become entitled to any protected property (or any interest in such property) under any resulting trust or constructive trust whensoever created or arising. [18/2010] [S 759/2022] |
(12) In this section —“approved financial institution” means —| (a) | any bank licensed under the Banking Act 1970; | | (b) | any finance company licensed under the Finance Companies Act 1967; | | (c) | any direct insurer licensed under the Insurance Act 1966; and | | (d) | any merchant bank licensed under the Banking Act 1970; |
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| “facility” means an arrangement between the MAS and an approved financial institution under which the MAS provides funding to the approved financial institution, and includes a credit facility and a repurchase transaction; |
| “MAS” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act 1970; |
| “proceeds of sale”, in relation to any property, means the proceeds from any transaction involving the sale, transfer, conveyance, assignment, mortgage, charge or the disposal in any manner of the property or an estate or interest in the property; |
| “protected property” means any flat, house or other building that has been sold by the Board under the provisions of this Part; |
| “Registrar of Deeds” means the Registrar of Deeds appointed under the Registration of Deeds Act 1988 and includes any Deputy Registrar of Deeds; |
| “Registrar of Titles” means the Registrar of Titles appointed under the Land Titles Act 1993 and includes any Deputy Registrar of Titles and Assistant Registrar of Titles. [51 [18/2010; 11/2013; 1/2020; 35/2020] |
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| Transfer of flat, house or other building on death of owner |
59.—(1) The transmission on the death of the owner, whether testate or intestate, or any transfer by the personal representatives of a deceased owner of a flat, house or other building that has been sold subject to the provisions of this Part must not be registered under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993 without the written consent of the Board.| (2) Where the Board refuses to give its consent, the Board may lodge an instrument with the Registrar of Deeds or the Registrar of Titles (as the case may be) to have the flat, house or other building vested in the Board. |
(3) Where —| (a) | no representation has been taken out under a will or on the intestacy of a deceased owner of a flat, house or other building within 12 months from the death of the owner; | | (b) | representation has been taken out but the personal representatives do not apply for the written consent of the Board for the transmission or transfer of the flat, house or other building within 6 months from the date of representation; or | | (c) | representation has been taken out and the personal representatives have the written consent of the Board mentioned in paragraph (b), but the sale or transfer of the flat, house or other building is not completed within 12 months from the date of that written consent, |
| the Board may lodge an instrument with the Registrar of Deeds or the Registrar of Titles (as the case may be) to have the flat, house or other building vested in the Board. |
[29/2005] |
(4) Where, on the death of the owner of a flat, house or other building that has been sold subject to the provisions of this Part —| (a) | the lease in favour of the owner has not been registered under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993; or | | (b) | no representation has been taken out under a will or on the intestacy of a deceased owner of the flat, house or other building within 12 months from the death of the owner, |
| the Board may rescind the agreement for the lease of the flat, house or other building. |
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(5) Where the Board decides to lodge an instrument under subsection (2) or (3) to have the flat, house or other building vested in itself or to rescind an agreement for a lease under subsection (4), the Board must —| (a) | serve a written notice on the personal representatives of the deceased owner of, and on all persons known or believed to have an interest or estate in, the flat, house or other building; and | | (b) | in the case where no representation is taken out, serve a notice on the flat, house or other building and on all persons known or believed to have an interest or estate in the flat, house or other building, |
| of its intention to lodge with the Registrar of Deeds or the Registrar of Titles (as the case may be) an instrument of vesting under subsection (2) or (3) or of its decision to rescind the agreement for a lease and of the compensation to be paid therefor and the date on which the instrument will be lodged, or the date the rescission is to take effect, not being a date earlier than 28 days after the date of the service of the notice. |
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| (6) The personal representatives and any person who is interested in the estate of the deceased owner may, within 28 days after the date of the service of the notice, appeal to the Minister whose decision is final and is not to be called in question in any court. |
| (7) Where an appeal is made to the Minister pursuant to subsection (6), the Board must not proceed to lodge an instrument of vesting under subsection (2) or (3) until the appeal is disposed of. |
(8) The Registrar of Deeds or the Registrar of Titles (as the case may be) must register any instrument lodged under subsection (2) or (3) without being concerned to inquire into its regularity or validity and —| (a) | in the case of a flat, house or other building registered under the provisions of the Registration of Deeds Act 1988 — the Registrar of Deeds must make an entry in the books of the Registry that the flat, house or other building has been vested in the Board; and | | (b) | in the case of a flat, house or other building registered under the provisions of the Land Titles Act 1993 — the Registrar of Titles must register the instrument on the relevant folio of the land-register without the necessity of the production of the duplicate certificate of title. |
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| (9) Upon the making of the entry or upon registration under subsection (8)(a) or (b), the title to and the estate or interest in the flat, house or other building vests in the Board free from all encumbrances, subject to such subsisting covenants, conditions or restrictions (if any) as may be binding on the Board, and the Registrar of Deeds or the Registrar of Titles (as the case may be) must cancel the registration of any mortgage, charge or lease thereby overreached. |
(10) Where an appeal has been determined by the Minister or on the expiry of a period of 28 days after the service of the notice mentioned in subsection (5) and —| (a) | the personal representatives do not consent to receive the compensation; | | (b) | where representation has not been taken out under a will or intestacy of the deceased owner; or | | (c) | where there is any dispute as to the entitlement to or the apportionment of the compensation, |
| the Board must apply to the Registrar of the Supreme Court by an originating application without notice, supported by an affidavit, for an order to deposit the amount of the compensation in court and, despite anything to the contrary in the Rules of Court for the time being in force, the Registrar may make the order. |
[35/2020] [Act 25 of 2021 wef 01/04/2022] |
| (11) The compensation to be paid by the Board for any flat, house or other building vested in the Board under this section is to be determined by the Board. [52 |
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| Establishment of management corporations |
60.—(1) The owners of flats in any building of the Board must, as soon as possible after they are directed by the Board in writing, establish a body corporate under the name of “The Management Corporation for flat numbers . . . of the Housing and Development Board building situate in Lot number . . . in Town Subdivision or Mukim . . .”.| (2) The Board must not, without the prior approval in writing of the Minister and without consulting all the owners of the flats in any building, make any direction, under subsection (1), upon owners of the flats of the Board in any building. |
| (3) Where a direction of the Board under subsection (1) is not carried out, the Board may, with the approval of the Minister, by notification in the Gazette, authorise a company, incorporated under the provisions of any written law for the time being in force relating to companies, to exercise the functions, duties and powers of a management corporation. |
| (4) The Board may, with the approval of the Minister, by notification in the Gazette revoke any authorisation granted to a company under subsection (3) without giving any reason. |
| (5) A management corporation must be constituted by an order made by the Minister, which must be published in the Gazette. |
(6) Upon the constitution of a management corporation and so long as one exists in relation to a building, every owner of a flat in the building is —| (a) | a member of the management corporation; and | | (b) | entitled to such voting rights as may be prescribed. |
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| (7) A management corporation, constituted under subsection (5), has perpetual succession and may sue and be sued in its name and do all other matters and things incidental or appertaining to a body corporate and not inconsistent with the provisions of this Act. |
| (8) A management corporation must establish and maintain a fund for administrative purposes sufficient in the opinion of the corporation for the control, management and administration of the common property, for the payment of any rent, rates and premiums of insurance and the discharge of any other obligations of the corporation. |
(9) For the purposes of establishing and maintaining a fund in accordance with subsection (8), the management corporation may —| (a) | determine from time to time the amounts to be raised for the purposes referred to in that subsection; | | (b) | raise amounts so determined by levying contributions on the owners in such proportions as may be prescribed; and | | (c) | recover from any owner by an action in any court of competent jurisdiction any sum of money expended by the management corporation for rents, rates, premiums, maintenance or conservancy, or for repairs to the owner’s flat done by the management corporation or at its direction. |
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(10) Subject to subsection (13), any contribution levied under subsection (9) is due and payable —| (a) | on the passing of a resolution to that effect and in accordance with the terms of that resolution; or | | (b) | if the Board or a company (as the case may be) is performing the functions of a management corporation and has been vested with its powers, under section 61 on the service of a written notice and in accordance with the terms of that notice. |
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| (11) Any such contribution may be recovered by the management corporation or the company (as the case may be) in an action in any court of competent jurisdiction from the owner of the flat at the time when the resolution or notice (as the case may be) was passed or served and from the owner of the flat at the time when the action is instituted, both jointly and severally. |
| (12) A certificate of the Board is conclusive evidence of the amount that may be due to the Board under subsection (10). |
(13) A management corporation must, on the application of any owner of a flat or any person authorised in writing by the owner, certify —| (a) | the amount determined as the contribution of the owner; | | (b) | the manner in which that contribution is payable; | | (c) | the extent to which the person’s contribution has been paid by the owner; and | | (d) | the amount of any rates paid by the management corporation and not recovered by it. |
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| (14) In favour of any person dealing with the owner mentioned in subsection (13), such a certificate is conclusive evidence of the matters certified in the certificate. |
| (15) A management corporation constituted under subsection (5) must not be wound up except by an order made by the Minister cancelling the order by which it was constituted. |
| (16) Such an order must be published in the Gazette and must provide for the winding up of the management corporation and for its dissolution. [53 |
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| Board or company may exercise powers of management corporation |
61. The functions and duties of a management corporation may be performed and its powers are vested in and may be exercised by —| (a) | the Board —| (i) | where a management corporation has not been constituted under section 60(5); or | | (ii) | where a management corporation, which had been constituted under section 60(5), has been wound up by an order under section 60(15); or |
| | (b) | a company authorised by the Board under section 60(3). [54 |
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62.—(1) Where a flat, house or other building has been sold by the Board under the provisions of this Act, the Board may re-enter upon the flat, house or other building or part thereof in the name of the whole and thereupon the lease determines absolutely —| (a) | if the rent reserved by the lease or any part thereof is unpaid for 3 calendar months after becoming payable and the Board has sent a written demand by registered post addressed to the purchaser at the flat, house or other building (whether the demand has been received by the owner or not); | | (b) | if the owner has committed any breach of a condition against assigning, underletting or parting with possession of the flat, house or other building or any part thereof or has committed a breach of any other condition the breach of which is not capable of remedy and the Board has sent a written notice by registered post addressed to the owner or purchaser at the flat, house or other building (whether the notice has been received or not); | | (c) | if any condition (being a condition the breach of which is capable of remedy) on the part of the owner is not performed or observed within 2 weeks after a written notice has been sent by the Board to the owner addressed to the owner at the flat, house or other building drawing the attention of the owner to the non-performance or non‑observance of the condition (whether the demand has been received by the owner or not); | | (d) | if the owner has submitted a false statement in the owner’s application form for the purchase of the flat, house or other building; | | (e) | if the owner has, in the opinion of the Board, committed a breach of any of the rules made under section 74(1)(g); or | | (f) | if the owner has, without the prior written approval of the Board, used or allowed the use of the flat, house or other building otherwise than for the purpose permitted by the lease. |
| (2) Any determination of a lease under subsection (1) does not affect any right of action or remedy of the Board in respect of any such breach or any other breach of the conditions contained in the lease. [55 |
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| Board may compulsorily acquire property sold subject to the provisions of this Part |
63.—(1) The Board may compulsorily acquire any flat, house or other living accommodation sold subject to the provisions of this Part, whether before or after 2 June 1975 —| (a) | if the owner thereof and his or her spouse (if any) has, in the opinion of the Board, ceased to occupy the same; | | (b) | if the owner thereof, his or her spouse or any authorised occupier has at any time, whether before or after 2 June 1975, acquired whether by operation of law or otherwise any title to or an estate or interest in any other flat, house or building or land; | | (c) | if the flat, house or other living accommodation has, without the prior written approval of the Board, been used otherwise than for the purpose permitted by the lease; | | (d) | if the owner thereof has permitted any person other than an authorised occupier to reside or stay in the flat, house or other living accommodation; | | (e) | if the owner thereof has failed to perform or observe any condition contained in the lease to be performed or observed on the part of the owner after a written notice has been sent by the Board drawing the owner’s attention to the non‑performance or non-observance of the condition in the lease; | | (f) | if the owner thereof has made a misleading or false statement in the owner’s application to the Board for the purchase of the same; | | (g) | if the owner thereof has made a misrepresentation of a material fact, whether innocently or otherwise, to the Board relating to the purchase of the flat, house or other living accommodation; | | (ga) | if the owner or any owner thereof made a misleading or false statement in the owner’s application to the Board for, or a misrepresentation of a material fact (whether innocently or otherwise) to the Board relating to —| (i) | the owner’s acquisition of the flat, house or other living accommodation or an interest in it from a related person; or | | (ii) | the owner’s transfer of an interest in the flat, house or other living accommodation to a related person; |
| | (h) | if the owner thereof assigns, underlets or parts with the possession of the same or any part thereof without obtaining the prior written consent of the Board as required by the lease; | | (i) | if, in the opinion of the Board, the flat, house or other living accommodation is not being occupied by such minimum number of persons or by such persons as the Board may require; | | (j) | if the owner thereof has at any time, whether before or after 2 June 1975, ceased to be a citizen of Singapore or if the owner thereof has, at any time whether before or after 1 May 1982, ceased to be a permanent resident of Singapore; | | (k) | if the rent or any payment or any part thereof due to the Board reserved under the lease or mortgage remains unpaid for 3 calendar months after it is due and payable and the Board has sent a written notice of demand to the owner thereof; | | (l) | if the purchase price or any loan for the purchase of the flat, house or other living accommodation has been paid in full or partially with any cash grant made by the Government to the owner and paid into the owner’s account with the Central Provident Fund pursuant to section 14 of the Central Provident Fund Act 1953 and the owner refuses or fails to return the money to the Government when the owner is required to do so under the terms of the grant; | | (m) | if the owner thereof, his or her spouse or any authorised occupier above the age of 14 years has on or after 1 March 1984 been convicted of an offence under section 304A, 336, 337 or 338 of the Penal Code 1871 in connection with the throwing of any matter or thing from any property belonging to, sold by or leased from, the Board; or | | (n) | if the owner thereof, his or her spouse or any authorised occupier has been convicted of an offence under any written law relating to immigration for giving food or shelter to any person who has entered, remained or stayed in Singapore in contravention of any written law relating to immigration or for assisting such person in any way to evade apprehension. [35/2020] |
| (2) Subsection (1)(b) does not apply to any owner or his or her spouse or any authorised occupier who has purchased or acquired, with the prior written consent of the Board, any commercial property not exceeding in value $250,000 or such higher value as the Minister may allow, and that commercial property is used or intended to be used by any such person for business purposes. |
| (3) Where the Board intends to exercise its powers of compulsory acquisition conferred by this section, the Board must serve a written notice on the owner of the flat, house or other living accommodation and all persons known or believed to be interested in claiming all or any part of the compensation to be paid for the flat, house or other living accommodation (called in this Part an interested person) stating the intention of the Board to acquire the premises and the compensation to be paid therefor. |
(4) Where the owner or interested person is deceased —| (a) | any reference to the owner or interested person in subsections (3) to (7) includes a reference to any legal personal representative of the deceased; | | (b) | if no legal personal representative is appointed in respect of the deceased owner, any notice required to be served by the Board on the deceased owner under this section may be served by affixing a copy of the notice in a conspicuous place at the flat, house or other living accommodation; and | | (c) | if no legal personal representative is appointed in respect of the deceased interested person, any notice required to be served by the Board on the interested person under this section may be served by affixing a copy of the notice in a conspicuous place at the last known place of residence of the interested person immediately before the interested person’s death. [13/2015] |
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| (5) Any owner or interested person who objects to a proposed acquisition by the Board may, within 28 days after the service of a notice mentioned in subsection (3), submit in writing to the Board precisely the grounds upon which the owner or interested person objects to the acquisition and the compensation offered by the Board. |
| (6) The Board must consider the objection and may either disallow it or allow it either wholly or in part, and must serve the owner or interested person by post or otherwise with a written notice of its decision. |
| (7) Any appeal by any owner or interested person aggrieved by the decision of the Board must be made to the Minister within 28 days after the date of service of the decision on the owner or interested person and the Minister’s decision is final and not open to review or challenge on any ground whatsoever. |
| (8) This section does not limit or affect the powers conferred upon the Board by any other provision of this Act or under any other written law to exercise its right of forfeiture and right of re-entry for a breach of the conditions of a lease. |
| (9) The compensation to be paid by the Board for any flat, house or other living accommodation compulsorily acquired by the Board under this section is to be determined by the Board. |
| (10) The Minister may direct the Board to exempt any person or class of persons from all or any of the provisions of this section. |
| (11) For the purposes of subsection (1)(ga), a person (A) is related to an owner of a flat, house or other living accommodation (B) if A is the spouse, a parent, remoter lineal ancestor, step‑parent, son, daughter, son‑in‑law, daughter‑in‑law, remoter issue, stepson, stepdaughter, brother or sister, or the spouse of a brother or sister, of B. [35/2020] [56 |
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| Power to inspect, search, etc. |
64.—(1) The Magistrate may, on the application of the Board, issue a warrant authorising the Board by one or more officers authorised by the Board (called in this section an authorised officer) to enter and search —| (a) | any flat, house or other living accommodation sold subject to the provisions of Part 4; or | | (b) | any other premises (whether or not sold, leased or rented out by the Board) that the owner or occupier of that flat, house or other living accommodation may be residing in, |
| (collectively called in this section the premises), if — |
| (c) | the Magistrate has reason to believe that evidence of any ground under section 63(1) for acquiring that flat, house or other living accommodation can be found in the premises; or | | (d) | that owner or occupier fails to comply with a written notice issued under section 65(1)(d) to produce or give access to any document or thing, and the Magistrate has reason to believe that the document or thing can be found in the premises. [13/2015] |
| (2) The Magistrate may, if the Magistrate thinks fit, specify in a warrant the particular premises or part of those premises to be searched, and the authorised officer executing the warrant must then search only the specified premises or part of those premises. [13/2015] |
| (3) Where an authorised officer executing any search under this section demands entry into or access to any premises liable to search under this section, the owner or occupier or any person in charge of the premises must allow the authorised officer free entry or access and provide all reasonable facilities for a search in the premises. [13/2015] |
| (4) Subject to subsection (6), if free entry into or access to the premises cannot be obtained under subsection (3), it is lawful in any case for the authorised officer executing the warrant to break open any outer or inner door or window leading to the premises or to use any other reasonable means in order to gain entry into or access to the premises. [13/2015] |
| (5) A warrant is subject to such conditions as the Magistrate may specify and remains in force for the number of days stated in the warrant. [13/2015] |
(6) The Magistrate must specify the following conditions in every warrant:| (a) | a list or description of the documents or things, or class of documents or things, that the authorised officer executing the warrant may seize under the search; | | (b) | whether subsection (4) applies and, if so, the extent of its application. [13/2015] |
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| (7) The Magistrate may, in addition to the conditions in subsection (6), specify in any warrant such conditions as the Magistrate considers necessary for the proper execution of the warrant and the prevention of any breach of the peace. [13/2015] |
| (8) An authorised officer entering the premises under a warrant may take such photographs, or audio or video recordings as the authorised officer thinks necessary of the premises (including anything in the premises). [13/2015] |
(9) If the owner or occupier is present when an authorised officer seeks to execute the warrant, the authorised officer must —| (a) | identify himself or herself to the owner or occupier; | | (b) | show the owner or occupier —| (i) | his or her original identity card or such identification card as the Chief Executive Officer may direct to be carried by the authorised officer as proof of his or her identity; and | | (ii) | some duly authenticated document showing his or her authority; |
| | (c) | show the owner or occupier the warrant; and | | (d) | if required, give the owner or occupier a copy of the warrant. [13/2015] |
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| (10) If the owner or occupier is not present when execution of the warrant is sought under subsection (9), but some other person who appears to be in charge of the premises is present, then subsection (9) applies to that other person as if he or she were the owner or occupier. [13/2015] |
| (11) An authorised officer making a search under this section must prepare and sign a list of all documents and things seized during the search, including recording the location where each document or thing is found. [13/2015] |
| (12) In every case, the owner, occupier or person in charge of the premises searched, or a person acting on behalf of the owner, occupier or person in charge, may be present during the search, and must be given a signed copy of the list mentioned in subsection (11). [13/2015] |
| (13) The authorised officer executing the warrant must, after duly executing the warrant, report that fact to the Magistrate and submit the list prepared under subsection (11). [56A [13/2015] |
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| Power to require evidence as to identity, examine, etc. |
65.—(1) For the purposes of investigating any ground under section 63(1) for acquiring any flat, house or other living accommodation, an officer authorised by the Board (called in this section an authorised officer) may do all or any of the following:| (a) | require any person who appears to be involved in or related to the matter under investigation to provide evidence of the person’s identity; | | (b) | examine orally any person who appears to be acquainted with any of the facts or circumstances of the matter under investigation; | | (c) | issue a written notice requiring any person within the limits of Singapore, who appears to be acquainted with any of the facts or circumstances of the matter under investigation, to attend before the authorised officer; | | (d) | issue a written notice requiring any person whom the authorised officer reasonably believes to have —| (i) | any information; or | | (ii) | any document or thing in the person’s possession, custody or control, |
| relevant to the investigation, to — |
| (iii) | provide that information; | | (iv) | produce that document or thing at the time and place stated in the notice; or | | (v) | give the authorised officer access to that document or thing. [13/2015] |
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(2) Before exercising any power under subsection (1)(a) or (b), an authorised officer must declare his or her office and produce —| (a) | such identification card as the Chief Executive Officer may direct to be carried by the authorised officer as proof of his or her identity; and | | (b) | some duly authenticated document showing his or her authority. [13/2015] |
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| (3) Any person examined under this section must state truly what the person knows of the facts and circumstances of the matter under investigation, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. [13/2015] |
(4) A statement made by any person examined under this section must —| (a) | be reduced to writing; | | (b) | be read over to the person; | | (c) | if the person does not understand English, be interpreted in a language that the person understands; and | | (d) | after correction (if necessary), be signed by the person. [13/2015] |
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| (5) Any person who is required by an authorised officer to do anything under subsection (1) must comply with that requirement. [13/2015] |
| (6) If any person fails to comply with a written notice issued to the person by an authorised officer under subsection (1)(c) or (d), the authorised officer may report the failure to a Magistrate who may then, in the Magistrate’s discretion, issue a warrant ordering the person to comply with the written notice. [13/2015] |
| (7) If a person is required merely to produce any document or thing under subsection (1)(d), the person may comply with the requirement by causing the document or thing to be produced instead of bringing it in person. [56B [13/2015] |
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| Vesting of acquired property in Board |
66.—(1) When the Board has made a decision under section 63 to compulsorily acquire a flat, house or other living accommodation, the Board may —| (a) | lodge an instrument with the Registrar of Deeds or the Registrar of Titles (as the case may be) for the vesting in the Board of the title to or the estate or interest in that flat, house or other living accommodation —| (i) | in the case where no objection has been made pursuant to section 63(5) — on the expiry of a period of 28 days after the date of service of the notice mentioned in section 63(3); and | | (ii) | in the case where an appeal has been made to the Minister — at any time after the appeal has been determined by the Minister or when the appeal is withdrawn, as the case may be; and |
| | (b) | in the case where no lease has been registered in favour of the owner, serve a written notice to terminate the agreement for a lease and to re-possess the flat, house or other living accommodation or part thereof in the name of the whole and thereupon any interest of the purchaser determines absolutely. |
(2) The Registrar of Deeds or the Registrar of Titles (as the case may be) must register any instrument lodged under subsection (1) without being concerned to inquire into its regularity or validity and —| (a) | in the case of a flat, house or other living accommodation registered under the provisions of the Registration of Deeds Act 1988 — the Registrar of Deeds must make an entry in the books of the Registry that the flat, house or other living accommodation has been vested in the Board; or | | (b) | in the case of a flat, house or other living accommodation registered under the provisions of the Land Titles Act 1993 — the Registrar of Titles must register the instrument on the relevant folio of the land‑register without the necessity of the production of the duplicate certificate of title. |
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| (3) Upon the making of the entry or upon registration under subsection (2)(a) or (b), the title to and the estate or interest in the flat, house or other living accommodation vests in the Board free from all encumbrances, subject to such subsisting covenants, conditions or restrictions (if any) as may be binding on the Board, and the Registrar of Deeds or the Registrar of Titles (as the case may be) must cancel the registration of any mortgage, charge or lease thereby overreached. [57 |
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67.—(1) The Board must pay the compensation determined by the Board or varied by the Minister on an appeal to an owner or to both an owner and an interested person in such proportion as the Board may decide or as may be varied by the Minister.(2) The Board may apply to the Registrar of the Supreme Court for an order to deposit the compensation in court where —| (a) | any person entitled to the compensation refuses to accept it or cannot with due diligence be found; | | (b) | there is any dispute as to the entitlement to or the apportionment of the compensation; | | (c) | the Board is satisfied that any person entitled to the compensation is incapacitated by reason of mental illness and no donee of a lasting power of attorney or deputy has been appointed under the Mental Capacity Act 2008; or | | (d) | the person entitled to the compensation is deceased and no legal personal representative has been appointed. [13/2015] |
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| (3) An application under subsection (2) is to be made by an originating application without notice, supported by an affidavit. [13/2015] [Act 25 of 2021 wef 01/04/2022] |
| (4) Despite anything to the contrary in the Rules of Court, the Registrar of the Supreme Court may make an order under subsection (2) to deposit the compensation in court. [13/2015] |
| (5) The Board may withhold any compensation payable in respect of any flat, house or other living accommodation vested in the Board under this Act to any person until the Board has taken possession of the flat, house or other living accommodation. |
| (6) Any reference to compensation in subsections (2) and (4) includes a reference to any part of the compensation. [58 [13/2015] |
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68.—(1) Where any flat, house or other living accommodation has been vested in the Board pursuant to section 50, 59 or 66, the Board may proceed to take possession of the flat, house or other living accommodation on the expiry of a period of 30 days after the service of a notice on the owner thereof.| (2) If any of the officers of the Board is opposed or impeded in taking possession under this section of any flat, house or other living accommodation, the Board may take such measures (including the calling for the assistance of the police) as are necessary to have the occupants evicted from and to enforce the surrender of the flat, house or other living accommodation and to remove all things and other movable property found therein. [59 |
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| Disposal of movable property |
| 69.—(1) Where the Board takes possession of a flat, house or other living accommodation under section 68, the Board may by written notice require the owner of that flat, house or other living accommodation to take delivery of all things and other movable property found in the flat, house or other living accommodation, at such place and within such period specified in the notice. [13/2015] | (2) The period specified in the notice under subsection (1) must be at least 30 days after the date of service of the notice. [13/2015] |
| (3) The Board may serve the notice under subsection (1) on the owner by affixing a copy of the notice in a conspicuous place at the flat, house or other living accommodation. [13/2015] |
| (4) If the owner fails to take delivery of any of the things or other movable property within the period specified in the notice under subsection (1), the Board may dispose of that thing or other movable property by sale or otherwise as the Board thinks fit. [13/2015] |
| (5) If the Board is satisfied that any of the things or other movable property is of a perishable nature, the Board may, without giving any notice to the owner, sell or dispose of that thing or property immediately. [13/2015] |
(6) The Board may apply the sale proceeds received under this section to meet —| (a) | any expenses incurred by the Board in storing and disposing of all the things and other movable property; and | | (b) | any outstanding debt that the owner owes to the Board under this Act or any rules made under this Act, |
| before paying the balance of the sale proceeds (if any) to the owner. |
[13/2015] |
(7) The Board may apply to the Registrar of the Supreme Court for an order to deposit the balance of the sale proceeds (or any part of the proceeds) in court if —| (a) | the owner cannot with due diligence be found; or | | (b) | there is any dispute as to the entitlement to the proceeds. [13/2015] |
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| (8) An application under subsection (7) is to be made by an originating application without notice, supported by an affidavit. [13/2015] [Act 25 of 2021 wef 01/04/2022] |
| (9) Despite anything to the contrary in the Rules of Court, the Registrar of the Supreme Court may make an order under subsection (7) to deposit the balance of the sale proceeds or any part of it in court. [59A [13/2015] |
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70. Any person who —| (a) | in relation to the purchase, mortgage, sale or transfer by the person or any other person of a flat, house or other living accommodation; or | | (b) | in relation to any application (whether by the person or on behalf of another) to the Board for its permission, consent, approval or licence under this Act or any subsidiary legislation made under this Act, |
| makes (whether orally, electronically, in writing or otherwise) any statement to the Board which is false, and which the person either knows or believes to be false or does not believe to be true, 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. |
[60 [29/2005] |
| Direction of Minister to be conclusive evidence |
71.—(1) If any dispute arises or should a ruling be required as to whether any property is a commercial property within the meaning of this Act, a direction by the Minister to the effect that the property is, or is not, a commercial property is conclusive evidence for all purposes.| (2) Every direction under subsection (1) is final and is not to be called in question in any court or tribunal. [62 |
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| Direction by Board to remove article or object placed in manner likely to cause damage to property, etc. |
72.—(1) The Board may by written notice direct any owner, lessee or occupier of any flat, house or other living accommodation sold or leased under the provisions of this Act to remove any article or object placed by any window or on any balcony of or outside those premises in a manner which is likely to cause any damage to property or injury to life.| (2) Any person who fails to comply with the direction of the Board given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine of $100 for every day during which the offence continues after conviction. [63 |
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| Notice to quit, etc., not waived by payment made to Board |
| 73. Where the Board has given notice to quit or notice of breach of condition, covenant or undertaking under a lease or licence agreement or any other agreement or notice of intention to compulsorily acquire, forfeit or re-enter any property provided under this Act, any money paid to the Board after the notice has been given is not to be construed as a waiver of the breach or intention to compulsorily acquire, to terminate a lease or licence agreement or to forfeit or re‑enter. [64 |
74.—(1) The Minister may make rules for giving effect to the provisions of this Part and, in particular, for or with respect to all or any of the following matters:| (a) | the terms and conditions for the sale of any flat, house or other building under the provisions of this Part; | | (b) | the terms and conditions which the Board may impose in granting its consent under section 56 to any sale, lease, mortgage or disposal of a flat, house or other building; and those rules may provide that in specified circumstances, the Board is deemed for the purposes of that section to have granted its prior written consent subject to such terms and conditions; | | (c) | the person to whom the flat, house or other building may be sold and the persons who are allowed to stay in it, including the qualifications as to income, the minimum number in the family, citizenship of and ownership of any other properties by all or any such persons; | | (d) | a scheme of savings, by a prospective purchaser of a flat, house or other building, with the Board for the first minimum payment on a flat, house or other building; | | (e) | the minimum first payment on the purchase of a flat, house or other building and the maximum period that may be allowed for the payment of the balance of the purchase price, together with the prescribed interest; | | (f) | the functions, duties and powers of a management corporation; | | (g) | regulating the use, management and control of flats, houses or other buildings of the Board, that have been sold under the provisions of this Part, and the common property; | | (h) | prescribing the fees to be charged by the Board for acting for any person in the sale, purchase, transmission of the interest of a deceased owner, transfer, assignment, mortgage, discharge of a mortgage, reconveyance or surrender, of a flat sold under the provisions of this Part or for acting for any surviving joint owner of such a flat in his or her application to register his or her entitlement consequent upon the death of the other joint owner; | | (i) | the power of the Board to impose a financial penalty not exceeding $50,000 on the owner or applicant of any flat, house or other living accommodation sold under the provisions of this Part for a breach of any restriction, condition or requirement of section 50 on or after 20 July 2015 where the Board does not proceed against that owner or applicant under section 50; | | (j) | the power of the Board to impose a financial penalty not exceeding $50,000 on the owner of any flat, house or other building sold under the provisions of this Part for a breach of any restriction, condition or requirement of section 62 on or after 20 July 2015 where the Board does not proceed against that owner under section 62; and | | (k) | the power of the Board to, instead of acquiring any flat, house or other living accommodation on any ground under section 63(1), impose a financial penalty not exceeding $50,000 on the owner of that flat, house or other living accommodation for a breach of any restriction, condition or requirement of section 63 on or after 20 July 2015. [13/2015] |
| (2) All such rules must be presented to Parliament as soon as possible after publication in the Gazette. [65 |
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