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 1989 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.
[S 150/2023 wef 31/12/2021]
(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.
Assessment fee for application for subsequent determination under section 39OA(1) of Act
20A.  A person who, under section 39OA(1) of the Act, makes an application to vary or replace a determination under section 39O(1)(b) of the Act, must pay to the Registrar an assessment fee of $100 for every hour or part of an hour, for the total time that the assessor takes to determine the application, subject to a maximum of $2,400.
[S 711/2021 wef 24/09/2021]
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.
Apportionment of fees
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)).
Appointment of assessors
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 1967;
[S 150/2023 wef 31/12/2021]
“limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005;
[S 150/2023 wef 31/12/2021]
“parent” includes an adoptive parent;
“partnership” means —
(a)a partnership within the meaning given by section 1 of the Partnership Act 1890; or
[S 150/2023 wef 31/12/2021]
(b)a limited partnership registered under the Limited Partnerships Act 2008;
[S 150/2023 wef 31/12/2021]
“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 1967.
[S 150/2023 wef 31/12/2021]
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%.