PART 3 | Qualifications of assessors |
18.—(1) To be appointed an assessor to determine an application under section 39L(1)(a) of the Act, a person —| (a) | must have been conferred a degree or diploma in architecture, building studies, engineering, environmental studies, law, planning, real estate or urban design; and | | (b) | must have at least 10 years of working experience in or relating to the building and construction industry in Singapore. |
(2) To be appointed an assessor to determine an application under section 39L(1)(b) of the Act, a person —| (a) | must be a qualified person as defined in section 2(1) of the Legal Profession Act (Cap. 161) with at least 3 years of working experience in or relating to law; | | (b) | must be a public accountant within the meaning given by section 2(1) of the Accountants Act (Cap. 2) with at least 3 years of working experience in or relating to accountancy; | | (c) | must be a chartered accountant within the meaning given by section 2(1) of the Singapore Accountancy Commission Act (Cap. 294B) with at least 3 years of working experience in or relating to accountancy; or | | (d) | must have at least 3 years of working experience in or relating to law, accountancy, finance, business management, building and construction or architecture. |
|
|
| Division 2 — Communications with Registrar and assessor |
| Communications by Registrar or assessor with parties to determination |
19.—(1) The Registrar or an assessor may communicate with any party to a determination concerned —| (a) | by any means agreed between the Registrar or the assessor, and that party; and | | (b) | subject to any requirements in the Registrar’s directives. |
| (2) Where a party to a determination agrees to communicate with the Registrar or an assessor by any of the means in paragraph (1), that party must monitor that means for any communication from the Registrar or the assessor to that party, until the conclusion of the proceedings before the assessor. |
(3) In this regulation —| (a) | a reference to the Registrar or an assessor includes an officer of the Registry duly authorised by the Registrar or the assessor to make or receive the communication on his or her behalf; and | | (b) | a reference to a party to a determination includes any person who submits an application to the Registrar, in relation to which the Registrar has to determine whether an assessor is to be appointed under section 39N(4) of the Act. |
|
|
| Division 3 — Procedure for assessor’s determination |
| Application for certification or determination |
20.—(1) A developer who makes an application under section 39L(1)(a) of the Act must, within 7 days of making the application, serve notice of the application in Form 6 on every purchaser affected by the application, by a prescribed mode of service.(2) An application under section 39L(1)(a) of the Act must —| (a) | be in Form 7; and | | (b) | be submitted to the Registrar in such manner as may be specified in the Registrar’s directives. |
|
(3) An application under section 39L(1)(b) of the Act must —| (a) | be in Form 8; and | | (b) | be submitted to the Registrar in such manner as may be specified in the Registrar’s directives. |
|
(4) For the purposes of section 39N(1) of the Act, the prescribed time, within which an application under section 39L(1)(a) of the Act must be submitted is —| (a) | unless sub‑paragraph (b) applies — any time on or after the date that the developer notifies the purchaser of the developer’s intention to extend the delivery date and of the proposed period of extension in accordance with section 39I(4) of the Act but before 29 July 2021; and | | (b) | if both the certificate of statutory completion and temporary occupation permit in respect of the housing accommodation or commercial property in question are issued or granted under section 12(1) or (3) of the Building Control Act on or after 1 July 2021 — any time within the period of 28 days after the earlier of the following:| (i) | the date that the certificate is issued; | | (ii) | the date that the permit is granted. |
|
|
| (5) For the purposes of section 39N(1) of the Act, the prescribed time, within which an application under section 39L(1)(b) of the Act must be submitted, is any time within the period of 28 days after the date that the purchaser makes a claim in accordance with section 39K(3) of the Act. |
(6) For the purposes of section 39N(1) of the Act —| (a) | the prescribed application fee is $0; | | (b) | the prescribed certification fee is $0; | | (c) | the prescribed assessment fee for an application under section 39L(1)(a) of the Act is $300 for every hour or part of an hour, for the total time that the assessor takes to determine the application, subject to —| (i) | a minimum of $12,000; and | | (ii) | a maximum of $40,000; and |
| | (d) | the prescribed assessment fee for an application under section 39L(1)(b) of the Act is $100 for every hour or part of an hour, for the total time that the assessor takes to determine the application, subject to —| (i) | a minimum of $800; and | | (ii) | a maximum of $2,400. |
|
|
(7) For the purposes of section 39N(2) of the Act, an applicant who makes an application under section 39L(1)(b) of the Act must, within the period of 7 days after the date that the application is made, serve on the other party to the affected agreement notice of the application —| (a) | in Form 9; and | | (b) | accompanied by a copy of the application and the declaration, information or document mentioned in section 39N(1)(d) of the Act. |
|
|
| Reduction, waiver, etc., of fees |
| 21. The Registrar may, in any case, on such terms and conditions as the Registrar deems fit, reduce, waive or refund, in whole or part, any fee mentioned in these Regulations. |
22.—(1) For any fee payable for an application under section 39L(1)(b) or 39OA of the Act in relation to an affected agreement —| (a) | the developer under the affected agreement is liable for 70% of the fee; and | | (b) | the purchaser under the affected agreement is, or (if there are 2 or more such purchasers) the purchasers are jointly and severally, liable for 30% of the fee. |
(2) Any party (A) that pays the whole fee for an application under section 39L(1)(b) or 39OA of the Act, may recover the 70% or 30% (as the case may be) of the fee for which the other party (B) is liable under paragraph (1) by —| (a) | setting off against any instalment or other payment payable, in relation to the affected agreement, by A to B; and | | (b) | taking any action to recover from B, as a debt due to A, the portion of the fee payable by B (to the extent that B has not paid that amount, and less any set‑off effected by A under sub‑paragraph (a)). |
|
|
23.—(1) If the Registrar has accepted an application mentioned in section 39N(1) of the Act, the Registrar must send to the parties, whose particulars are indicated in that application, the following:| (a) | a notice of acceptance; | | (b) | a notice of appointment of one or more assessors; | | (c) | a notice of the date and place for the hearing, if applicable. |
(2) If an assessor has a direct or an indirect interest (whether pecuniary or otherwise) in an application that the assessor is appointed to determine, that results in a conflict of interest or potential conflict of interest, the assessor must —| (a) | disclose the nature of the interest to the Registrar; | | (b) | abstain from hearing or making any determination in relation to the application; and | | (c) | if the Registrar so directs, withdraw from all proceedings relating to the application. |
|
(3) Without limiting paragraph (2), an assessor has an interest in an application that results in a conflict of interest if the assessor is related to any party to the affected agreement in question in the following manner:| (a) | the assessor is, at any time within the 3 years immediately preceding the date on which the application is submitted to the Registrar —| (i) | an employee or a partner of the party; | | (ii) | a director or substantial shareholder of the party, where the party is a company or foreign company; | | (iii) | an employee, a director, a substantial shareholder or a partner of any corporation, partnership or limited liability partnership that owns or is owned by the party; | | (iv) | the sole proprietor of the party, where the party is a sole proprietorship; or | | (v) | a spouse, step-parent, stepchild, stepbrother or stepsister of the party; |
| | (b) | the assessor is a child, parent or sibling of the party; | | (c) | the assessor, or an affiliate of the assessor, has assisted the party to prepare any document for, or has provided any advice or service to, the party in relation to the affected agreement or the commercial development or housing development to which the affected agreement relates. |
|
(4) In this regulation —“affiliate”, in relation to an assessor, means —| (a) | an employee or employer of the assessor; | | (b) | an individual who is employed by the assessor’s employer and who supervises or is supervised by the assessor; | | (c) | a director of a company or foreign company in which the assessor is also a director; | | (d) | a partner of a partnership or limited liability partnership in which the assessor is also a partner; | | (e) | a child or stepchild of the assessor; | | (f) | a parent or step‑parent of the assessor; or | | (g) | a spouse of the assessor; |
|
| “child” includes an adopted child; |
| “company”, “corporation” and “foreign company” have the meanings given by section 4(1) of the Companies Act; |
| “limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act (Cap. 163A); |
| “parent” includes an adoptive parent; |
“partnership” means —| (a) | a partnership within the meaning given by section 1 of the Partnership Act (Cap. 391); or | | (b) | a limited partnership registered under the Limited Partnerships Act (Cap. 163B); |
|
| “sibling” means a brother or sister, and includes an adopted brother or sister; |
| “substantial shareholder”, in relation to a company or a foreign company with a share capital, has the meaning given by section 81 of the Companies Act. |
|
|
| Hearing and determination by assessor |
24.—(1) An assessor must, when carrying out his or her duties or exercising his or her powers under these Regulations, act independently, impartially and in a timely manner.| (2) A hearing is generally to be held in an asynchronous manner by exchange of email. |
(3) However, an assessor may direct —| (a) | the hearing be held via video conferencing, teleconferencing or other electronic means; or | | (b) | any party to the determination to attend before the assessor for a hearing, |
| if the assessor is of the opinion that the interest of justice would be better served if the hearing is held in the manner mentioned in sub‑paragraph (a) or if the party to the determination attends before the assessor for the hearing, as the case may be. |
|
| (4) An assessor may issue such directions as are necessary or expedient for the conduct of the hearing, including a direction to a party to the determination to provide such further documents or information that the assessor requires to make a determination. |
| (5) An assessor may permit a person to be accompanied by an interpreter at the hearing. |
| (6) An assessor may at any time adjourn a hearing or fix a date for a further hearing. |
| (7) An assessor may dispense with a hearing and make a determination solely by reference to the forms and documents submitted, if the assessor is of the opinion that those forms and documents are sufficient for the assessor to make his or her determination. |
|
| Where assessor unable to continue with proceedings |
25.—(1) If an assessor who is making a determination is unable for any reason to continue with the proceedings or determination, the Registrar may appoint a new assessor or assessors in place of that assessor to hear the proceedings or make the determination.(2) The new assessor may, as the justice of the case requires —| (a) | continue with the proceedings or determination from where the proceedings or determination had previously stopped; or | | (b) | hear the proceedings or make the determination afresh. |
|
|
| Where person directed to attend is absent from hearing |
26.—(1) Where a person who is directed by the assessor to attend before the assessor for a hearing under regulation 24(3) is absent from the hearing, the assessor may continue to make a determination.| (2) A determination made under paragraph (1) may, on an application by the person mentioned in that paragraph, be set aside by the assessor or another assessor if that assessor is satisfied that the person had a good reason for being absent from the hearing, and that it is just in the circumstances to set aside the determination made in that person’s absence. |
(3) An application under paragraph (2) must —| (a) | be in Form 10; and | | (b) | be submitted to the Registrar, and served on the parties to a determination concerned (but not on the person that submitted the application) by a prescribed mode of service, no later than 5 working days after the date of the assessor’s determination made under paragraph (1) is sent to the parties to the determination or such longer period as the Registrar may allow. |
|
| (4) Any party to a determination that wishes to oppose the application for setting aside must, within a period directed by the Registrar, submit to the Registrar and serve on the person that submitted the application under paragraph (2), and every other party to the determination, by the prescribed mode of service, a reply in Form 11. |
(5) Where an assessor hearing the application decides to set aside the determination made under paragraph (1) —| (a) | the assessor may do so on such terms as he or she considers just; and | | (b) | he or she may proceed to hear the parties to the determination and make the determination in relation to the affected contract. |
|
|
| Determination must be unanimous where more than one assessor |
| 27. Where more than one assessor is appointed to make a determination, the determination must be unanimous. |
| Prescribed percentage under section 39O(1)(b)(ii)(B) of Act |
| 28. For the purposes of section 39O(1)(b)(ii)(B) of the Act, the prescribed percentage is 0%. |
| Division 4 — Miscellaneous |
| Authorised nominating bodies |
29. An authorised nominating body appointed under section 39M of the Act must —| (a) | establish and maintain a register of assessors; | | (b) | comply with any requirement of these Regulations; and | | (c) | provide the Registrar with any information or document requested by the Registrar from time to time in relation to the activities of the authorised nominating body or the register of assessors established under paragraph (a). |
|
| 30. Where, in any matter under this Part that is before the Registrar or any proceedings before an assessor, there has been a failure to comply with any requirement of these Regulations, that failure is treated as an irregularity and does not nullify the proceedings in question, any step taken in the proceedings, or any direction or order given by the Registrar or assessor, unless otherwise provided in these Regulations or directed by the Registrar or assessor. |
| Correction of error in assessor’s determination |
| 31. An assessor may, on his or her own motion or on the application of a party to the assessor’s determination made in Form 12, correct any clerical mistake, or error arising from an accidental slip or omission, in the determination. |
32.—(1) The Registrar may, before the date an assessor is appointed to make a determination —| (a) | on his or her initiative; or | | (b) | on an application submitted to the Registrar, |
| and on such terms as the Registrar thinks just, extend, or further extend, in a particular case the period within which a party to the determination is required, by these Regulations or a direction of the Registrar, to submit to the Registrar, or serve on any other party to the determination, any document or form to be submitted to the Registrar, or served on another party to the determination, except that the total period of all extensions must not exceed 56 days. |
(2) The assessor appointed to make a determination may, on or after the date the assessor is appointed to make a determination —| (a) | on his or her initiative; or | | (b) | on an application submitted to the assessor by a party to the determination, |
| and on such terms as the assessor thinks just, extend, or further extend, in a particular case the period within which a party to the determination is required by these Regulations to submit to the assessor, or serve on any other party to the determination, any document or form to be submitted to the assessor, or served on another party to the determination, except that the total period of all extensions must not exceed 56 days. |
|
(3) The Registrar or assessor may extend the period mentioned in paragraph (1) or (2) even though —| (a) | in the case of paragraph (1)(a) or (2)(a) — that period has expired; or | | (b) | in the case of paragraph (1)(b) or (2)(b) — the application for the extension is made after the expiration of that period, |
| but only if the extension or the application for the extension (as the case may be) is made within 56 days immediately after the expiry of the period within which the party to the determination is required to do that thing under these Regulations. |
|
|
33.—(1) For the purposes of the administration of Part 8C of the Act and these Regulations, there is to be established an office called the Registry of Assessors.(2) The Registry —| (a) | is under the control and supervision of the Registrar; and | | (b) | provides administrative and secretarial support to the Registrar. |
|
(3) The office hours of the Registry are —| (a) | between 9 a.m. and 4.30 p.m. from Monday to Friday (except public holidays); but | | (b) | if any such day is the eve of the New Year, Lunar New Year or Christmas, between 9 a.m. and 12 noon. |
|
|
34.—(1) The Registrar must keep the records of every determination, including the documents submitted by parties to the determination to an assessor.| (2) The records may be kept in a manner and form determined by the Registrar. |
(3) After an assessor has made a determination, a party to the determination may, on payment of any fee that may be prescribed by an order under section 46(1) of the Interpretation Act (Cap. 1) —| (a) | search the record relating to that determination; and | | (b) | take a copy of the record. |
|
| (4) The records must be kept for a period of 2 years after the date of the assessor’s determination. |
|
35.—(1) The Registrar may issue directives for the purposes of these Regulations and for proceedings before an assessor.(2) Without limiting paragraph (1), a Registrar’s directive may provide guidance on the following:| (a) | documents and information that may be required by the Registrar or an assessor for an assessor’s determination; | | (b) | the practice and procedure for an application for an extension of time; | | (c) | the practice and procedure for searching and taking copies of records of the Registrar kept under regulation 34. |
|
|
| Publication of determinations |
| 36. Where, in the Registrar’s opinion, an assessor’s determination ought to be published, the Registrar may publish the facts of the case, the arguments and the determination without disclosing the names of the parties concerned or any information that may disclose their identities. |
|