Housing and Development (Amendment) Bill

Bill No. 24/1992

Read the first time on 10th March 1992.

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. This Act may be cited as the Housing and Development (Amendment) Act 1992 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

New sections 48A and 48B

2. The Housing and Development Act is amended by inserting, immediately after section 48, the following sections:

“Board to be discharged from certain restrictive covenant

48A.—(1) Notwithstanding the provisions of any written law and any lease of a flat comprised in a designated building, the Board shall be discharged from the covenant in that lease requiring the Board to grant a lease of any other flat comprised in the designated building subject to restrictions or prohibitions as to the use of that other flat —

(a)	for any trade, business, manufacture or commercial purpose; or
(b)	which would impede the reasonable use of that other flat for any commercial purpose.

(2) No proceedings shall be instituted in any court by any person entitled (whether before or after the commencement of the Housing and Development (Amendment) Act 1992) to the benefit of the covenant referred to in subsection (1) to recover any loss or disadvantage suffered by that person in consequence of the discharge of that covenant.

(3) For the purposes of subsection (1), “designated building” means a building comprising any flat sold by the Board before 15th January 1992 and declared by the Minister, by notification in the Gazette, to be a designated building.

Execution of sale and other instruments by Board on behalf of certain purchasers of flats

48B.—(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 13(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 (Cap. 157) or the Registration of Deeds Act (Cap. 269) after the Board has sent a notice requiring him to execute the instrument,

the Board may execute the instrument on behalf of the person; and the Board shall be deemed to be the duly appointed attorney of that person 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 (Cap. 157) or the Registration of Deeds Act.

(2) 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 shall be deemed to have been properly effected and the Registrar of Titles, the Registrar of Deeds and any purchaser of the flat shall not be concerned to enquire into the regularity or validity of the instrument in so far as it affects the Board’s execution of the instrument in its representative capacity under this section.”.

New Part IVA

3. The Housing and Development Act is amended by inserting, immediately after Part IV, the following Part:

“PART IVA

UPGRADING WORKS IN PRECINCTS

Interpretation of this Part

65A. For the purposes of this Part, unless the context otherwise requires —

“general upgrading works” means any upgrading works to be carried out in a precinct other than specified upgrading works;

“improvement contribution” means the costs in respect of general upgrading works or specified upgrading works recoverable by the Board from the owner of a flat or a Town Council under section 65D(2);

“precinct” means a precinct declared by the Minister under section 65B;

“specified upgrading works” means such items of upgrading works as specified by the Board to be carried out in a building or part thereof within a precinct;

“Town Council” means a Town Council established under the Town Councils Act (Cap. 329A);

“upgrading works” includes any building operations, repair, demolition or installation works carried out for the purposes of improving or upgrading any flat, building or land and any addition to, or alteration in, landlord’s fixtures and fittings.

Declaration of precincts

65B.—(1) The Minister may, after consulting the Board, from time to time by order published in the Gazette, declare any housing estate of the Board or any part thereof to be a precinct for the purposes of carrying out any upgrading works in the precinct.

(2) Any order made under subsection (1) shall include a plan with a description of the housing estate and the buildings within the precinct.

(3) The Minister may, by order published in the Gazette, revoke or amend any order made under subsection (1).

Upgrading works in a precinct

65C.—(1) Where a precinct has been declared under section 65B, the Board shall as soon as practicable —

(a)	make arrangements to conduct in the manner prescribed a poll of such owners of the flats within the precinct as may be prescribed with a view to establishing their opinions about the proposals to carry out general upgrading works and specified upgrading works, if any; and
(b)	do such other things as the Minister may direct.

(2) If it appears from a poll conducted under subsection (1)(a) that 75% or more of the prescribed owners of the flats within the precinct are in favour of the proposal to carry out general upgrading works, the Board may, with the approval of the Minister, carry out the general upgrading works.

(3) Where the Minister has approved the carrying out of general upgrading works in a precinct under subsection (2) and if it appears from a poll conducted under subsection (1)(a) that 75% or more of the prescribed owners of the flats comprised in a building within the precinct are in favour of the proposal to carry out any specified upgrading works in the building, the Board may, with the approval of the Minister, carry out the specified upgrading works.

(4) For the purposes of this section, “owner” includes the Board in respect of any flat which is not leased out by the Board.

(5) Any poll conducted by the Board before the commencement of the Housing and Development (Amendment) Act 1992 in any housing estate of the Board or any part thereof with a view to establishing the opinions of owners of the flats within that housing estate about proposals to carry out general upgrading works or specified upgrading works shall be deemed to be a poll conducted in accordance with this section.

Power to carry out upgrading works and to recover contribution

65D.—(1) As soon as practicable after the Minister has given his approval under section 65C(2) or (3), the Board shall carry out the general upgrading works and where applicable the specified upgrading works in the precinct in such manner as the Board thinks fit.

(2) Where the Board has completed any general upgrading works or specified upgrading works in a precinct under this section, the Board may recover from —

(a)	the owner of every flat within the precinct the costs incurred by the Board in respect of the general upgrading works and the specified upgrading works (if any); and
(b)	the Town Council responsible for the maintenance of the common property within the precinct the costs incurred by the Board in respect of the general upgrading works carried out on the common property.

(3) The amount of improvement contribution payable by the owner of a flat and a Town Council under subsection (2) shall be determined by the Board whose decision shall be final.

(4) For the purposes of this section and section 65F, “owner”, in relation to any flat sold by the Board, means the person who is the owner of the flat at the time the improvement contribution is determined by the Board under subsection (3), and includes an equitable owner, a person who has purchased a leasehold interest in the flat and a purchaser under an agreement for a lease.

Direction of Minister to carry out upgrading works in certain circumstances

65E.—(1) Notwithstanding anything in this Part, where the Minister considers that the living conditions in a precinct or the physical state and design of the buildings therein can be improved by the carrying out of any upgrading works, he may direct the Board to carry out such upgrading works in the precinct as he thinks fit.

(2) Where the Minister has given a direction under subsection (1), the Board shall as soon as practicable carry out such upgrading works as may be specified in the direction in such manner as the Board thinks fit.

(3) All costs incurred by the Board in respect of any upgrading works in a precinct under this section shall be paid out of the funds of the Board.

Payment of improvement contribution

65F.—(1) Any owner of a flat and any Town Council liable to pay any improvement contribution under section 65D shall, upon a written demand by the Board, pay to the Board the improvement contribution not later than one month of notice of the written demand.

(2) Where no representation has been taken out under a will or on the intestacy of a deceased owner of a flat or where representation has been taken out but the personal representatives fail to apply for the Board’s written consent for the transmission or transfer of the flat, the Board may, for the purposes of recovering any improvement contribution, require the spouse, if any, of the deceased owner or any beneficiary of his estate who has attained the age of 21 years to pay the improvement contribution as if it is a debt owed by him and recoverable from him as such, and such person may recover the sums paid by him to the Board from the estate of the deceased owner.

(3) If any improvement contribution or any part thereof is not paid by the owner of a flat or a Town Council, as the case may be, on the date due, the owner of the flat, the Town Council or any person liable to pay the improvement contribution shall pay interest and a penalty in accordance with the rates prescribed and such interest and penalty, if unpaid, shall constitute a debt due to the Board and be recoverable as such.

(4) For the purposes of this section, “transfer” means a conveyance, sale, purchase, assignment, legal or equitable mortgage, charge, surrender or disposal in any manner of any estate or interest in a flat and includes a discharge of a mortgage, a reconveyance, or the devolution of the rights of a deceased owner of a flat to another person.

Transfer of additional floor area

65G.—(1) Where the floor area of a flat is increased as a result of any upgrading works carried out by the Board under this Part, the title to such additional floor area shall vest in the owner of the flat in the following manner:

(a)

where such additional floor area of the flat is constructed over land registered under the Registration of Deeds Act (Cap. 269), the title to the additional floor area shall vest for the same estate and interest as that subsisting over the flat in the owner for the time being of the flat upon the acceptance by the Registrar of Deeds of the notice of vesting of the additional floor area presented by the Board for notification in the Registry of Deeds; and

(b)

where such additional floor area of the flat is constructed over land registered under the Land Titles Act (Cap. 157), the title to the additional floor area shall vest in the registered proprietor for the time being of the subsidiary strata lot comprising the flat for the same estate and interest subsisting in respect of that subsidiary strata lot upon the acceptance by the Registrar of Titles of an instrument to vest the additional floor area presented by the Board for notification in the Registry of Titles.

(2) For the purposes of recording the vesting of the title to the additional floor area of a flat under subsection (1), the Registrar of Deeds or the Registrar of Titles shall notify such additional floor area in the books of the Registry of Deeds or on the affected lease of the flat or on the relevant folio of the land-register, as the case may be.

(3) Where there is a subsisting mortgage on a flat, the additional floor area of the flat shall form part of the security of the mortgage subject to the same terms and conditions stipulated therein upon the acceptance by the Registrar of Deeds or the Registrar of Titles, as the case may be, of the notice of vesting of the additional floor area or the instrument to vest the additional floor area presented by the Board for notification in the Registry of Deeds or Registry of Titles.

(4) Any transfer of a flat on or after the acceptance by the Registrar of Deeds or the Registrar of Titles, as the case may be, of the notice of vesting of the additional floor area of the flat or the instrument to vest the additional floor area of the flat presented by the Board for notification in the Registry of Deeds or Registry of Titles shall be deemed to include the additional floor area.

(5) Any power exercised by the Board under section 65D or 65E in respect of any flat shall be deemed to have been properly exercised and the Registrar of Titles, the Registrar of Deeds and any purchaser of the flat shall not be concerned to inquire into the regularity or validity of the exercise of the power.

(6) For the purposes of notification or registration of any instrument under this section, the Registrar of Deeds or the Registrar of Titles may dispense with the production of the duplicate lease of the flat or the duplicate subsidiary certificate of title in respect of the flat, as the case may be.

Recovery of improvement contribution from sale of flat

65H.—(1) Where any improvement contribution payable in respect of any flat to the Board under section 65D remains unpaid on the expiry of the period of 3 months after the Board has served on the owner of the flat a written demand of such contribution under section 65F(1), the improvement contribution (including any interest and penalty thereon) shall constitute a charge on the flat on the expiry of that period in favour of the Board.

(2) Upon the constitution of the charge on a flat under subsection (1), the Board shall have the power of sale and all other powers relating or incidental thereto to sell and effectually transfer the title to the flat to any purchaser as if the Board is a registered mortgagee notwithstanding that the charge is not registered under the Land Titles Act (Cap. 157).

(3) Any charge on a flat constituted under subsection (1) shall be subject to all encumbrances registered or notified prior to the date of the constitution of the charge and to all moneys due to the Board or the Central Provident Fund Board before and after the date of the constitution of the charge under the lease of the flat.

(4) Subject to subsection (5), the Board may, by notice of sale to be served or published in the prescribed manner, declare its intention of selling, on the expiry of the period of 3 months from the date of the notice of sale, any flat which is subject to a charge constituted under subsection (1), and if on the expiry of that period, any improvement contribution (including any interest and penalty thereon) or any part thereof has not been paid or satisfied, the Board may sell that flat.

(5) The Board shall not proceed under subsection (4) to sell any flat in respect of which any improvement contribution or any part thereof is due if there is upon the flat and liable to be seized and sold by the Board by writ of seizure and sale any movable property belonging to the owner of the flat of a value estimated by the Board to be sufficient to realise the sum required to satisfy such unpaid improvement contribution.

(6) Where the Board has sold any flat under subsection (4), neither the purchaser of the flat nor the Registrar of Titles shall be concerned to inquire into the regularity or validity of the sale or transfer.

(7) For the purpose of registration of a transfer of any flat sold under subsection (4), the Registrar of Titles may dispense with the production of the duplicate lease of the flat or the duplicate subsidiary certificate of title in respect of the flat, as the case may be.

(8) The moneys received by the Board in exercise of its power of sale under subsection (4), after discharge of the prior encumbrances and the payment of moneys due to the Board specified in subsection (3) and all charges of any Town Council constituted under section 43 of the Town Councils Act (Cap. 329A), shall be held by it in trust to be applied, firstly, in payment of all costs and expenses properly incurred by it as incidental to the sale or any attempted sale, or otherwise; secondly, in discharge of the improvement contribution and interest and penalty accrued and due to the Board at the date of the sale; thirdly, in discharge of the conservancy and service charges and interest accrued and due to a Town Council at the date of sale; and fourthly, in payment of subsequent mortgages and charges (if any) in the order of their priority; and the residue of such moneys so received shall be paid to the person who appears from the land-register kept under the Land Titles Act (Cap. 157) to be entitled to the flat sold or to be authorised to give receipts for the proceeds of the sale thereof.

(9) Any charge on a flat constituted under subsection (1) shall —

(a)	continue in force until all the improvement contribution (including any interest and penalty thereon) secured by the charge have been paid; and
(b)	upon payment of the improvement contribution (including any interest and penalty thereon) and any necessary incidental expenses to the Board before it has exercised its powers of sale under subsection (4), be discharged and the owner of the flat shall be entitled to a certificate of discharge executed and acknowledged by the Board as to the receipt of such payment.

Recovery of payments due to Board

65I. Any improvement contribution, interest and penalty payable to the Board under this Part —

(a)	may be recovered by the Board by an action for a debt in any court of competent authority; and
(b)	shall for the purposes of the Small Claims Tribunals Act (Cap. 308) be deemed to be moneys payable under a contract for the provision of services and the Board may lodge a claim for the payment of such improvement contribution, interest and penalty with a Small Claims Tribunal in accordance with the provisions of that Act.

Power of entry

65J.—(1) Any officer or person authorised by the Board may at any reasonable time, on giving 48 hours’ notice of his intention to the occupier and producing, if so required, some duly authenticated document showing his authority, enter any flat or building within a precinct for the purpose —

(a)	of carrying out any upgrading works within the flat or building;
(b)	of taking any action authorised or required by this Part or any rule to be taken by the Board; or
(c)	generally, of the performance by the Board of its function under this Part or any rule.

(2) If it is shown to the satisfaction of a Magistrate’s Court on sworn information in writing that there is reasonable ground for entry into any premises for any of the purposes mentioned in subsection (1) and —

(a)	that admission to the premises has been refused, or that refusal is apprehended; or
(b)	that the premises are unoccupied or the occupier is temporarily absent,

the Magistrate’s Court may by warrant authorise the Board by any authorised officer or person to enter the premises.

(3) A warrant shall not be issued unless the Magistrate’s Court is satisfied either —

(a)	that notice of the intention to apply for a warrant has been given to the occupier; or
(b)	that the premises are unoccupied, the occupier is temporarily absent, the case is one of urgency.

(4) Any officer or person authorised by the Board entering any premises by virtue of this section, or of a warrant issued under this section, may take with him such other persons as may be necessary; and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them.

(5) A warrant issued under this section continues in force until the purpose for which the entry is necessary has been satisfied.

(6) Any person who wilfully obstructs a person acting in the execution of this Part or of any rule or warrant shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine of $100 for every day during which the offence continues after conviction.

Power to make rules

65K. The Minister may prescribe rules for giving effect to the provisions of this Part and for the due administration thereof, and, in particular, for or with respect to all or any of the following matters:

(a)	prescribing the manner and procedure for obtaining the opinion of owners of flats for upgrading works;
(b)	prescribing the manner for recovering the improvement contribution from owners of the flats and Town Councils;
(c)	prescribing the interest and penalty to be paid by any person for the late payment of any improvement contribution; and
(d)	prescribing anything that may be prescribed.

Savings

65L. Nothing in this Part shall be construed to affect the Board’s right to enforce any breach of covenant, condition or undertaking under any licence, lease, tenancy or mortgage or any other agreement in respect of any flat or the Board’s right to compulsorily acquire, vest or forfeit any flat under this Act; and no such right of the Board shall be deemed prejudiced by reason only of the Board’s exercise of any power or performance of any act under this Part.”.

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