Housing and Development (Amendment) Act 1995

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 16]

Friday, April 28

[1995

The following Act was passed by Parliament on 23rd March 1995 and assented to by the President on 12th April 1995:—

Housing And Development (Amendment) Act 1995

(No. 16 of 1995)

I assent.

ONG TENG CHEONG

President.

12th April 1995.

Date of Commencement: 28th April 1995

An Act to amend the Housing and Development Act (Chapter 129 of the 1985 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1.—(1) This Act may be cited as the Housing and Development (Amendment) Act 1995 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

(2) The Minister may appoint different dates for the coming into operation of the different provisions of this Act.

Amendment of section 13

2. Section 13 of the Housing and Development Act (referred to in this Act as the principal Act) is amended —

(a)

by inserting, immediately after paragraph (d), the following paragraph:

“(e)	to exercise such powers and perform such duties as may from time to time be conferred on or delegated to the Board by or under the provisions of any written law;”; and

(b)

by re-lettering the existing paragraph (e) as paragraph (f).

Amendment of section 27

3. Section 27 (2) of the principal Act is amended by deleting “$4,000” in paragraph (c) and substituting “$5,000”.

Amendment of section 27A

4. Section 27A (1) of the principal Act is amended by deleting “$400” and substituting “$1,000”.

Amendment of section 65A

5. Section 65A of the principal Act is amended —

(a)

by inserting, immediately before the definition of “general upgrading works”, the following definition:

“ “flat” does not include such property as may be prescribed;”;

(b)

by inserting, immediately after the definition of “precinct”, the following definition:

“ “residential flat” means a flat which is permitted to be used pursuant to the Planning Act (Cap. 232) or any other written law wholly for the purpose of human habitation, and

“non-residential flat” means any flat other than a residential flat;”; and

(c)

by deleting the full-stop at the end of the definition of “upgrading works” and substituting a semicolon, and by inserting immediately thereafter the following definition:

“ “value”, in relation to a prescribed owner of any flat, means the value determined in the prescribed manner for that owner in respect of his vote.”.

Amendment of section 65C

6. Section 65C of the principal Act is amended by deleting subsections (2) to (4) and substituting the following subsections:

“(2) The Board may, with the approval of the Minister, carry out general upgrading works within a precinct if it appears from a poll conducted under subsection (1)(a) of the prescribed owners of flats within the precinct that 75% or more of the total value in votes of all prescribed owners of all flats within the precinct have been cast in favour of the proposal to carry out those upgrading works.

(3) Where the Minister has approved the carrying out of general upgrading works in a precinct under subsection (2), and —

(a)

in the case of a building comprising wholly of residential flats — it appears from a poll conducted under subsection (1)(a) of the prescribed owners of flats comprised in the building that 75% or more of the total value in votes of all prescribed owners of all flats in the building have been cast in favour of any proposal to carry out any specified upgrading works in the building; or

(b)

in the case of a building comprising residential and non-residential flats —

(i)	it appears from a poll conducted under subsection (1)(a) of the prescribed owners of residential flats comprised in the building that 75% or more of the total value in votes of all prescribed owners of all such residential flats have been cast in favour of any proposal to carry out any specified upgrading works in the part of the building comprising residential flats; and
(ii)	it appears from another poll conducted under subsection (1)(a) of the prescribed owners of non-residential flats comprised in the same building that 75% or more of the total value in votes of all prescribed owners of all such non-residential flats have been cast in favour of any proposal to carry out any specified upgrading works in the part of the building comprising non-residential flats,

the Board may, with the further approval of the Minister, carry out those specified upgrading works in the building within the precinct.

(4) Notwithstanding subsection (3), where it appears from the polls referred to in subsection (3)(b) that the minimum percentage of value in votes have been cast in favour of the proposal to carry out any specified upgrading works in a building by the prescribed owners of residential flats in the building but not by the prescribed owners of non-residential flats comprised in that same building, the Board may, with the approvals of the Minister referred to in subsection (3), carry out the specified upgrading works in the part of the building comprising residential flats.

(4A) The poll referred to in subsection (3)(b)(ii) shall be conducted in relation to a building if it appears from the poll referred to in subsection (3)(b)(i) that 75% or more of the total value in votes of all prescribed owners of all residential flats in the building have been cast in favour of the proposal to carry out specified upgrading works in the part of the building comprising residential flats, but not otherwise.

(4B) No poll shall be invalid by reason of any failure to comply with any provision of this Part or any rules made thereunder relating to the conduct of a poll if it appears that the poll was conducted in accordance with the principles laid down in that provision, and that the failure did not affect the result of the poll.

(4C) For the purposes of this section, “owner” includes the Board in respect of any flat which the Board has not sold the leasehold interest therein.”.

Amendment of section 65K

7. Section 65K of the principal Act is amended —

(a)

by inserting, immediately after paragraph (a), the following paragraph:

“(b)	prescribing the value in votes of owners of flats, including different values in respect of general upgrading works and specified upgrading works, and in respect of different classes of owners;”; and

(b)

by re-lettering paragraphs (b), (c) and (d) as paragraphs (c), (d) and (e), respectively.

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