Central Provident Fund (Approved Non-Residential Properties Scheme) Regulations

Central Provident Fund Act

(Chapter 36, Section 77(1)(g))

Central Provident Fund
(Non-Residential Properties Scheme) Regulations

Rg 10

REVISED EDITION 1990

(25th March 1992)

[1st May 1986]

Citation

1. These Regulations may be cited as the Central Provident Fund (Non-Residential Properties Scheme) Regulations.

[Deleted by S 479/92 wef 01/12/1992]

Definitions

2.—(1) In these Regulations, unless the context otherwise requires —

“loan” means a loan obtained by a member to finance or re-finance in whole or in part the purchase of a property, including the payment of any costs, fees, stamp duties or other incidental expenses incurred in obtaining the loan for the financing or re-financing in whole or in part of such purchase;

“mortgage” includes any charge on any property for securing the repayment of any money lent to a person;

“property” means any building or part of a building or any flat which is permitted pursuant to any written law to be used for any commercial or industrial purpose or any such building or flat which is in the course of erection but does not include any temporary building;

“temporary building” means a building which is permitted by the Building Authority under the Building Control Act [Cap. 29] to be erected or to remain for a specified period at the expiration of which the building shall be demolished and includes a building erected, in the opinion of the Board, with materials either wholly or in part which are in the absence of special care, liable to rapid deterioration or are otherwise unsuitable for the erection of a permanent building.

(2) A reference in these Regulations to the purchase of a property includes a purchase made under an agreement for the sale and purchase of the property where title to the property will be conveyed, transferred or assigned to the purchaser on payment of the full purchase price.

Scheme applicable to property of certain tenures only

3. No money standing to the credit of a member in the Fund shall be withdrawn under these Regulations for the payment of the purchase price or part thereof of a property or for the repayment of any loan in full or in part unless he has acquired or will acquire with respect to the property —

(a)	an estate in fee simple or perpetuity; or
(b)	a leasehold estate having an unexpired term of at least 60 years at the date of his application for the withdrawal of money under these Regulations. [S 479/92 wef 01/12/1992]

Application by member to withdraw amount standing to his credit

4.—(1) A member who has purchased a property or has obtained a loan for the purchase of property, whether before or after 1st May 1986, may submit an application to the Board to withdraw the whole or part of the amount standing to his credit in the Fund to be used for the payment of the purchase price or part thereof or for the repayment of any loan in full or in part, or for both.

(2) An application under paragraph (1) may be approved by the Board subject to such terms and conditions as the Board may impose.

(3) A member who has obtained a loan shall not be entitled to make any withdrawals under these Regulations for the repayment of the loan unless the loan is a term loan or is granted on an overdraft basis and the repayment of the loan is secured by a mortgage on the property or an another property of which he is the owner or a joint-owner.

Amount standing to the credit of member may be applied in payment of mortgaged property

5. Where a member has, whether before or after 1st May 1986, obtained a loan for the purchase of a property the repayment of which is secured by a mortgage on that property or another property of which he is the owner or a joint-owner and is required to pay instalments of principal and interest towards the loan either at monthly intervals or otherwise, the Board may, on application being made by the member and subject to such terms and conditions as the Board may impose, authorise the whole or part of the amount standing to his credit in the Fund to be withdrawn by him and used for the payment of those instalments.

Discretion of Board

6. Notwithstanding regulations 4 and 5, the Board may, at its discretion and subject to such terms and conditions as it may impose, allow a member to withdraw money under any of those regulations even if the loan obtained by the member is not secured by a mortgage on the property or any other property.

Maximum withdrawal limit under regulations 3 and 4

7. The total amount which may be withdrawn by a member to repay one or more loans under regulations 3 and 4 shall be determined by the Board but in no case shall such amount exceed 70% of the value of the property at the date of the signing of the agreement for the sale and purchase of the property as assessed by the Board.

Maximum withdrawal limit

8. The total amount of money which may be withdrawn by a member under these Regulations for any one or both of the following purposes:

(a)	to make full or partial payment towards the purchase of a property;
(b)	to make periodic payments towards the repayment of a loan or to make full or partial repayment of a loan,

shall not exceed 70% of the value of the property on the date of the signing of the agreement for the sale and the purchase of the property as assessed by the Board.

Mortgaged property

9.—(1) Where the property is subject to one or more subsisting mortgages, the Board may, as a condition for the withdrawal of money under these Regulations, require the member to satisfy the Board that the mortgagees have agreed —

(a)	that their rights under the mortgages shall rank pari passu with the rights of the Board in respect of all withdrawals authorised by the Board in such manner and on such terms as may be agreed upon between the Board and the mortgagees; and
(b)	to obtain the prior written approval of the Board before they sell, sub-mortgage, transfer their mortgage or apply to the Court for an order to foreclose the property.

(2) Where a property is purchased or owned by two or more persons, the Board may, as a condition for withdrawal of money by any one of them under these Regulations, require all the co-purchasers or co-owners of the property to give their written consent to extend any charge under section 21(1) of the Act to all their respective estates or interests in the property.

Withdrawal of whole amount for costs, etc.

10. Where an application for the withdrawal of money under these Regulations has been approved by the Board and the member is required to pay any costs, fees and expenses set out in section 21(1)(c) of the Act, the Board may, on his application and subject to such terms and conditions as the Board may see fit to impose, authorise the whole or part of the amount standing to his credit in the Fund to be withdrawn and used for all or any of the aforesaid purposes.

Maximum withdrawal limits for co-purchasers or co-owners

11.—(1) Where two or more co-purchasers or co-owners of a property each make an application for the withdrawal of money under regulation 4 or 5 or both, the total amount of money which may be withdrawn by them under either or both of those regulations shall not exceed the limit prescribed by regulation 7 or 8, as the case may be.

(2) Subject to the provisions of paragraph (1), where a member has purchased a property jointly with one or more persons and the relationship between the co-owners of the property does not fall within any of the following categories:

(a)	husband and wife;
(b)	parent and child;
(c)	brother and brother, sister and sister or brother and sister;
(d)	grandparent, parent and child;
(e)	grandparent and grandchild,

the member shall be entitled to withdraw such amount of money as may be determined by the Board.

Government valuer to assess property

12.—(1) For the purpose of assessing the value of any property under these Regulations, the Board may appoint a Government valuer or a licensed valuer and the expenses of any such valuation shall be borne by the member concerned.

(2) Where a member is required to pay the expenses of any valuation under paragraph (1), the Board may, on application being made by the member, authorise the whole or part of the amount standing to his credit in the Fund to be withdrawn and used for the payment of such expenses.

Second application for withdrawal of funds

13.—(1) A member who has withdrawn any money under these Regulations in connection with the purchase of a property shall not be entitled to make a further application for the withdrawal of such moneys from the Fund under these Regulations in respect of another property unless the member has repaid to the Fund all such moneys withdrawn plus interest and a period of one year has lapsed between the date of the signing of the agreement for the sale and purchase of the first-mentioned property, or where there is no such agreement, from such other date as may be determined by the Board in the circumstances of any particular case and the date of the further application to withdraw the money under these Regulations.

(2) Paragraph (1) shall not apply to the amount of moneys standing to the member’s credit in the Fund which the member has not previously withdrawn under these Regulations.

Board to pay vendor, etc., direct

14. All moneys withdrawn from the Fund under regulation 4, 5 or 10 shall be paid by the Board to the vendor, mortgagee, chargee or such person as the Board thinks fit to receive such moneys.

No disposal of property without Board’s permission

15. So long as any money withdrawn by a member remains payable to the Fund under regulation 18, the member shall not sell, transfer, assign or otherwise dispose of the property or any of his estate or interest therein without the prior written permission of the Board.

Conditions for disposal of property

16. The Board may, in its discretion and subject to such terms and conditions as the Board may impose, permit a member who has withdrawn money under these Regulations to sell, transfer, assign or otherwise dispose of the property or any of his estate or interest therein in respect of which such withdrawal has been made to any person, if the Board is satisfied that adequate arrangements have been made to secure the repayment to the member’s account in the Fund of —

(a)	all moneys, withdrawn by him, and of such interest that would have accrued thereto if the withdrawal has not been made; or
(b)	the net proceeds of the sale, transfer, assignment or disposition, as the case may be,

whichever is less.

Prohibition on mortgage

17.—(1) As long as any money withdrawn under these Regulations remains payable to the Fund under regulation 18, the member shall not mortgage or in any way encumber the property in respect of which the withdrawal has been made without the prior written permission of the Board.

(2) In granting any permission under paragraph (1), the Board may —

(a)	require the member to make adequate arrangements to secure the repayment into the member’s account in the Fund of all moneys withdrawn by him and of such interest that would have accrued thereto if the withdrawal had not been made; or
(b)	impose such other terms and conditions as the Board may think fit.

Repayment of moneys withdrawn

18.—(1) Subject to paragraph (2), all moneys withdrawn by a member under these Regulations together with any interest that would have accrued thereto if the withdrawal had not been made shall become due and payable to the Board on the occurrence of any of the following events:

(a)	if the property or any estate or interest therein is sold, transferred, assigned or otherwise disposed of by him or a co-owner or co-purchaser without the consent of the Board;
(b)	if the property or any estate or interest therein is sold, transferred, assigned or otherwise disposed of by any mortgagee or by any other person with or without the consent of the Board;
(c)	if any mortgage or encumbrance is created over the property without the consent of the Board;
(d)	if the member is adjudged a bankrupt;
(e)	if the member has committed a breach of any of the terms and conditions imposed by the Board in connection with the withdrawal of moneys under these Regulations;
(f)	if the property or any estate or interest therein is acquired under the Land Acquisition Act [Cap. 152] or any other written law.

(2) Upon the happening of any of the events mentioned in paragraph (1)(b) or (f), the member shall only be required to repay to the Board the net proceeds arising from the sale or other disposition of the property by the mortgagee or by any other person, or the amount of any compensation and payment received by the member under the Land Acquisition Act or under any other written law, as the case may be.

(3) All such moneys and interest referred to in paragraph (1) shall cease to be payable to the Board on the death of the member or when the member is entitled to withdraw the sum standing to his credit in the Fund under section 15 of the Act.

Member liable for costs, fees, etc., of application

19. A member who has made an application for the withdrawal of money under these Regulations shall be liable to pay any costs, fees or other expenses in connection with the processing of the application which shall be of such amount as may be determined by the Board.

Applications in manner and with information required by Board

20. An application by a member for the withdrawal of money under these Regulations shall be made in writing to the Board in such manner as the Board may direct; and any member making the application shall furnish to the Board such information, documents and guarantees as the Board may require.

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