Housing Developers (Amendment) Rules 1997 - Singapore Statutes Online

No. S 393

Housing Developers (Control and Licensing) Act

(Chapter 130)

Housing Developers (Amendment) Rules 1997

In exercise of the powers conferred by section 22 of the Housing Developers (Control and Licensing) Act, the Minister for National Development hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Housing Developers (Amendment) Rules 1997 and shall come into operation on 1st October 1997.

Amendment of rule 2

2. Rule 2 of the Housing Developers Rules (R 1) (referred to in these Rules as the principal Rules) is amended by deleting the words “, shop, office or otherwise” in the definition of “unit”.

Amendment of rule 3

3. Rule 3 of the principal Rules is amended by deleting paragraph (f) and substituting the following paragraph:

“(f)	the building plan number allocated by the Building Authority and the date of building plan approval.”.

Deletion and substitution of rule 7

4. Rule 7 of the principal Rules is deleted and the following rule substituted therefor:

“False particulars in advertisements

7. No person shall display or cause to be displayed any advertisement in relation to a housing project which —

(a)	contains any statement which is false or misleading;
(b)	fails to comply with the requirements of rule 3; or
(c)	contravenes rule 6.”.

Amendment of rule 10

5. Rule 10 of the principal Rules is amended —

(a)

by deleting paragraph (1) and substituting the following paragraph:

“(1) A housing developer shall give to an intending purchaser of a unit in a housing project an option for the purchase which shall be in Form B in the Schedule.”; and

(b)

by deleting paragraph (4).

Amendment of rule 12

6. Rule 12 of the principal Rules is amended by inserting, immediately after paragraph (3), the following paragraphs:

“(4) Any amendment, deletion or alteration to the agreement referred to in paragraph (1) or (2) made without the prior approval in writing of the Controller shall be null and void.

(5) The Singapore Academy of Law established under the Singapore Academy of Law Act (Cap. 294A) shall act as stakeholder under the agreements referred to in paragraphs (1) and (2).”.

Amendment of rule 14

7. Rule 14(1) of the principal Rules is amended —

(a)	by deleting the words “section 9(3)” in the third line of sub-paragraph (b) and substituting the words “section 10(3)”;
(b)	by inserting, immediately after the word “permits” in the fourth line of sub-paragraph (c), the words “or the certificates of statutory completion”; and
(c)	by deleting the words “section 9(3)” in the last line of sub-paragraph (d) and substituting the words “section 10(3)”.

Deletion and substitution of rule 16

8. Rule 16 of the principal Rules is deleted and the following rule substituted therefor:

“Assignment by purchaser

16.—(1) Subject to this rule, where a purchaser of a unit in a housing project intends to assign or has assigned all his rights, title and interest under an agreement made between him and a housing developer for the sale and purchase of the unit, the housing developer shall, within 3 weeks of being so required in writing by the assignee, enter into a new agreement with the assignee for the sale and purchase of the unit with such terms and conditions as shall place the housing developer and the assignee in the same position as regards their respective rights and obligations as if the assignee were substituted for the purchaser in the original agreement.

(2) Where the new agreement requires or contains any amendment or alteration to or deletion of any term or condition in the original agreement for the sale and purchase of the unit, the developer shall submit an application to the Controller for approval of such amendment, alteration or deletion within one week of being required by an assignee to enter into a new agreement for the sale and purchase of the unit under paragraph (1), and the Controller may approve (wholly or partly and with or without modifications) or disapprove such an application.

(3) The housing developer shall forthwith deliver to an assignee for the assignee’s signature the new agreement containing any amendment or alteration to or deletion of the terms and conditions in the original agreement only after the Controller has approved the amendment, alteration or deletion.

(4) The housing developer shall be entitled to charge the assignee a fee not exceeding $200 (exclusive of goods and services tax) and to require the assignee to reimburse him up to the amount of $200 for costs payable by the housing developer to his solicitor.”.

Amendment of Schedule

9. The Schedule to the principal Rules is amended —

(a)

by deleting Forms A, B, D and E and substituting the following Forms, respectively:

“

”; and

(b)

by deleting Form C.

Savings and transitional provisions

10.—(1) An option which has been granted by a developer prior to the commencement of these Rules to any person for the purchase of any unit in any housing project shall continue to be in force as if these Rules had not been made until the option has lapsed or has been exercised by the intending purchaser.

(2) Where a purchaser of any unit in a housing project under an agreement made before the date of commencement of these Rules assigns on or after that date all his right, title or interest under that agreement, the new agreement with the assignee for the sale and purchase of that unit shall be in the new form prescribed by these Rules notwithstanding anything to the contrary in the principal Rules.

(3) Nothing in these Rules shall require the Singapore Academy of Law established under the Singapore Academy of Law Act (Cap. 294A) to act as stakeholder under any agreement for the sale and purchase of any unit in a housing project if it was made before the commencement of these Rules.

[G.N. Nos. S 91/92; S 68/93; S 227/94; S 438/94; S 187/95; S 371/95]

Made this 3rd day of September 1997.

LAM CHUAN LEONG

Permanent Secretary,
Ministry of National Development,
Singapore.

[ND202/1-57 V12; AG/SL/20/93 Vol. 5]

(To be presented to Parliament under section 22(5) of the Housing Developers (Control and Licensing) Act).

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