Estate Agents (Estate Agency Work) (Amendment) Regulations 2023

No. S 878

Estate Agents Act 2010

Estate Agents
(Estate Agency Work)
(Amendment) Regulations 2023

In exercise of the powers conferred by section 72(1) of the Estate Agents Act 2010, the Council for Estate Agencies, with the approval of the Minister for National Development, makes the following Regulations:

Citation and commencement

1. These Regulations are the Estate Agents (Estate Agency Work) (Amendment) Regulations 2023 and come into operation on 22 December 2023.

Amendment of regulation 2

2. In the Estate Agents (Estate Agency Work) Regulations 2010 (G.N. No. S 644/2010) (called in these Regulations the principal Regulations), in regulation 2 —

(a)

before the definition of “commercial or industrial property”, insert —

“ “accredited CPE activity” means a CPE activity that is approved under regulation 16(3) as an accredited CPE activity and for which approval has not been suspended or revoked under regulation 16(7);”;

(b)

replace the definition of “continuing professional development credit” with —

“ “CPE activity” means an activity, course or programme that is determined by the Council as a CPE activity under regulation 15(2)(a);

“CPE credit” means a continuing professional education credit, determined by the Council under regulation 15(2)(d), earned by a CPE‑liable individual upon successfully completing a CPE activity;

“CPE‑liable individual” means an individual who is a licensed estate agent, a registered salesperson, or a partner, director or key executive officer of a licensed estate agent;”;

(c)

in the definition of “residential property”, replace the full‑stop at the end with a semi‑colon; and

(d)

after the definition of “residential property”, insert —

“ “specified class of CPE activities” means a class of CPE activities specified by the Council under regulation 15(2)(b);

“specified number of CPE credits” means the number of CPE credits, specified under regulation 15(2)(c), that must be earned by a CPE‑liable individual in respect of each specified class of CPE activities.”.

Replacement of Part VI

3. In the principal Regulations, replace Part VI with —

“PART VI

Continuing Professional Education

Continuing professional education requirements

15.—(1) For the purposes of section 32A(3) of the Act, a CPE‑liable individual must, within each period of 12 months ending on 30 September, earn at least 6 CPE credits, consisting of the specified number of CPE credits, for each specified class of CPE activities, earned by him or her.

(2) For the purposes of paragraph (1), the Council may —

(a)	determine the activities, courses and programmes relating to the continuing professional education of CPE‑liable individuals that qualify as CPE activities;
(b)	specify one or more classes of CPE activities;
(c)	specify the number of CPE credits that must be earned by a CPE‑liable individual in respect of each specified class of CPE activities;
(d)	specify the number of CPE credits (being not less than one) that is or are earned upon the successful completion of a CPE activity; and
(e)	determine, whether for all or any particular CPE activity, that CPE credits may be earned upon the successful completion of the CPE activity only if the CPE activity is an accredited CPE activity at the time that the CPE activity is completed.

Accreditation of CPE activity

16.—(1) This regulation applies in respect of any CPE activity for which the Council has determined that CPE credits may be earned upon the successful completion of the CPE activity only if the CPE activity is an accredited CPE activity at the time that the CPE activity is completed.

(2) An application for the accreditation of a CPE activity by the provider of a CPE activity must —

(a)	be made to the Council in the form and manner specified by the Council;
(b)	be accompanied by any information or document specified by the Council; and
(c)	be accompanied by the application fee (if any) specified in the Estate Agents (Fees) Regulations 2010 (G.N. No. S 641/2010).

(3) The Council may approve an application for the accreditation of a CPE activity if the Council is satisfied with the content of the CPE activity, and the conduct or provision of the CPE activity by the provider of the CPE activity.

(4) An approval of an application for accreditation of a CPE activity —

(a)	is, subject to paragraph (7), valid for any period (being a period not less than one month) that the Council may determine; and
(b)	is subject to such conditions as the Council may specify.

(5) The conditions mentioned in paragraph (4)(b) include conditions —

(a)	relating to the content of the CPE activity;
(b)	relating to the standards to be applied in the conduct or provision of the CPE activity by the provider of the CPE activity;
(c)	permitting the Council to monitor and audit the conduct of or provision of the CPE activity by the provider of the CPE activity;
(d)	relating to documents, information and other records, in respect of the CPE activity, to be kept by the provider of the CPE activity, and the period for which such documents, information and other records must be maintained; and
(e)	relating to the use of advertisements, by or on behalf of the provider of the CPE activity, for the purposes of promoting or otherwise advertising the CPE activity to CPE‑liable individuals.

(6) The Council may add, delete, substitute or modify any conditions of approval of the accreditation of a CPE activity.

(7) If the Council is satisfied that any of the conditions of approval of the accreditation of a CPE activity specified under paragraph (4)(b) or (6) are not or have ceased to be met (called in this paragraph the breached conditions), the Council may —

(a)	suspend the approval of the accreditation of the CPE activity, whether for any period (being a period not longer than 2 years) that the Council may determine or until the Council is satisfied that the breached conditions are met; or
(b)	revoke the approval of the accreditation of the CPE activity.”.

Saving and transitional provisions

4.—(1) Despite regulation 3 —

(a)

a CPE‑liable individual who had, on or after 1 October 2023 but before the commencement date, earned one or more continuing professional development credits by successfully completing any activity, course or programme designated as relevant to estate agency work and listed as such under the revoked regulation 15(1) is treated as having earned the same number of CPE credits for the purposes of regulation 15(1) of the principal Regulations as in force on or after the commencement date in respect of the specified class of CPE activities that corresponds to the category under the revoked regulation 15(3) for the activity, course or programme; and

(b)

where an activity, course or programme was designated as relevant to estate agency work and listed as such under the revoked regulation 15(1) —

(i)

that activity, course or programme is treated as a CPE activity for the purposes of Part VI of the principal Regulations (as in force on or after the commencement date) for the period for which the activity, course or programme had been designated as relevant to estate agency work and listed as such under the revoked regulation 15(1); and

(ii)

a relevant CPE‑liable individual who successfully completes an activity, course or programme mentioned in sub‑paragraph (i) within the period mentioned in that sub‑paragraph earns, for the purposes of regulation 15(1) of the principal Regulations as in force on or after the commencement date, the number of CPE credits corresponding to the number of continuing professional development credits assigned under the revoked regulation 15(2) for the successful completion of that activity, course or programme in respect of the specified class of CPE activity corresponding to the category determined under the revoked regulation 15(3) for that activity, course or programme.

(2) In this regulation —

“commencement date” means the date of commencement of these Regulations;

“continuing professional development credit” means a continuing professional development credit which an individual earned by successfully completing any activity, course or programme designated as relevant to estate agency work and listed as such under the revoked regulation 15(1);

“CPE activity” means an activity, course or programme that is determined by the Council as a CPE activity under regulation 15(2)(a) of the principal Regulations as in force on or after the commencement date;

“CPE credit” means a continuing professional education credit, determined by the Council under regulation 15(2)(d) of the principal Regulations (as in force on or after the commencement date) as earned by a CPE‑liable individual upon successfully completing a CPE activity;

“CPE‑liable individual” means an individual who is a licensed estate agent, a registered salesperson, or a partner, director or key executive officer of a licensed estate agent;

“revoked regulation 15(1)”, “revoked regulation 15(2)” and “revoked regulation 15(3)” means regulation 15(1), regulation 15(2) and regulation 15(3), respectively, of the principal Regulations as in force immediately before the commencement date.

[G.N. Nos. S 708/2015; S 652/2019]

Made on 19 December 2023.

QUEK SEE TIAT

President,
Council for Estate Agencies,
Singapore.

[CEA/Policy/Professional Development/22000462; AG/LEGIS/SL/95A/2020/5 Vol. 1]

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