PART 2 | Prescribed qualifying cost |
3.—(1) For the purposes of Part 8C of the Act, “qualifying costs” (as defined in section 39G of the Act) includes the following:| (a) | any storage costs for any thing that would have been stored in the unit or units in question if there had been no delay in receiving possession of the unit or units and any costs for moving that thing to storage, incurred for the relevant period; | | (b) | where the purchaser in question obtains alternative premises (whether by entering into a lease or licence agreement for any premises or extending the term of an existing lease or licence agreement for any premises) —| (i) | any stamp duty or legal fees incurred for the agreement; and | | (ii) | subject to paragraph (2), any penalties incurred for the early termination of the agreement, if the relevant period ends before the end date of the agreement; [S 711/2021 wef 24/09/2021] |
| | (c) | where the delay is in receiving possession of the unit or units of housing accommodation in question under an affected agreement and, instead of obtaining alternative housing accommodation, the purchaser in question obtains alternative accommodation in a hotel, hostel, serviced apartment, boarding house, lodging house or dormitory (whether by entering into a lease or licence agreement or extending the term of an existing lease or licence agreement) —| (i) | any rent for such alternative accommodation for the relevant period; | | (ii) | any estate agent fees incurred for securing the alternative accommodation; | | (iii) | any moving costs incurred in moving to the alternative accommodation; | | (iv) | any stamp duty or legal fees incurred for the lease or licence agreement; and | | (v) | subject to paragraph (2), any penalties incurred for the early termination of the lease or licence agreement, if the relevant period ends before the end date of the agreement. [S 711/2021 wef 24/09/2021] |
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| (2) Despite paragraph (1)(b)(ii) and (c)(v), any amount of penalty in excess of the amount of one month’s rent under the lease or licence agreement mentioned in paragraph (1)(b) or (c), is not treated as qualifying costs for the purposes of Part 8C of the Act. [S 711/2021 wef 24/09/2021] |
| (3) In this regulation, “relevant period” means the period mentioned in paragraph (a) of the definition of “qualifying costs” in section 39G of the Act. |
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| Amount prescribed as not being rent |
4. For the purposes of Part 8C of the Act, “rent” (as defined in section 39G of the Act) does not include the following:| (a) | any security deposit given by (or on behalf of) a tenant or licensee to the landlord or licensor to secure the payment of rent or the performance of any other obligation of the tenant or licensee under the lease or licence agreement for those premises; | | (b) | any costs for any goods or services provided in connection with the use of the alternative premises or alternative accommodation, where the costs for the goods or services —| (i) | are separate from the costs for such use; or | | (ii) | may be quantified by reference to the cost offered for the use of the alternative premises or alternative accommodation without the goods or services. [S 711/2021 wef 24/09/2021] |
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5.—(1) The forms to be used for the purposes of these Regulations are those set out on the Internet website at https://go.gov.sg/ura-covid-19-relief-measure, and any reference in these Regulations to a numbered form is a reference to the current version of the form bearing the corresponding number that is displayed at that website.(2) Every form to be served on any person or submitted to the Registrar or an assessor making a determination must —| (a) | contain such particulars; | | (b) | comply with such requirements; and | | (c) | be accompanied by such documents, |
| (d) | in the form; | | (e) | by the Registrar or the assessor; and | | (f) | in the Registrar’s directives, |
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| (3) Every form or document to be filed with a court must comply with such requirements as may be specified by the court or the registrar of the court. |
| (4) Any form may be used in a particular case with such variations as the circumstances of the case may require. |
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| Prescribed mode of service |
6.—(1) For the purposes of Part 8C of the Act and these Regulations, a person (A) serves a document on another person (B) by the prescribed mode of service if —| (a) | in the case where B is an individual —| (i) | A delivers the document to B personally; | | (ii) | A leaves the document with an adult apparently resident at B’s last known place of residence; | | (iii) | A sends the document by prepaid registered post to B’s last known place of residence; | | (iv) | A affixes a copy of the document in a conspicuous place at B’s last known place of residence; | | (v) | A sends the document by fax to the fax number given to A by B as the fax number for the service of documents on B; or | | (vi) | A sends the document by email to the last email address given to A by B as the email address for the service of documents on B; and |
| | (b) | in the case where B is a body corporate or an unincorporated association —| (i) | A leaves the document with an adult apparently employed at B’s last known place of business; | | (ii) | A sends the document by prepaid registered post to B’s last known place of business; | | (iii) | A affixes a copy of the document in a conspicuous place at B’s last known place of business; | | (iv) | A sends the document by fax to the fax number given to A by B as the fax number for the service of documents on B; or | | (v) | A sends the document by email to the last email address given to A by B as the email address for the service of documents on B. |
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| (2) In paragraph (1), “document” includes a form. |
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| When service takes effect |
7.—(1) Service of a document on a person under Part 8C of the Act or these Regulations takes effect —| (a) | if it is delivered, left or affixed in accordance with regulation 6(1)(a)(i), (ii) or (iv) or (b)(i) or (iii) —| (i) | at or before 5 p.m. on a working day — on the day that the document was delivered, left or affixed; or | | (ii) | at any other time or day — on the next working day; |
| | (b) | if it is sent by prepaid registered post in accordance with regulation 6(1)(a)(iii) or (b)(ii) — on the day that the document would in the ordinary course of post be delivered, unless it is returned undelivered; | | (c) | if it is sent by fax in accordance with regulation 6(1)(a)(v) or (b)(iv) —| (i) | at or before 5 p.m. on a working day — on the day of the transmission; or | | (ii) | at any other time or day — on the next working day; and |
| | (d) | if it is sent by email to an email address in accordance with regulation 6(1)(a)(vi) or (b)(v) — at the time the email becomes capable of being retrieved by the person. |
| (2) In paragraph (1), “document” includes a form. |
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| Notice on extension of delivery date not exceeding 122 days |
8.—(1) A notice from the developer to the purchaser about the period of extension mentioned in section 39I(1) of the Act must —| (a) | be —| (i) | in the case of the first extension of the delivery date — in Form 1; and | | (ii) | in the case of any subsequent extension of the delivery date — in Form 2; and |
| | (b) | be served on the purchaser by a prescribed mode of service. |
(2) For the purposes of section 39I(1)(b) of the Act, the prescribed time for the developer to notify the purchaser of the period of the extension is —| (a) | unless sub‑paragraph (b) applies — any time within the period of 28 days starting on 1 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, at any time —| (i) | on or after 1 July 2021; but | | (ii) | before the expiry of a period of 28 days after the earlier of the following:| (A) | the date that the certificate is issued; | | (B) | the date that the permit is granted. [S 150/2023 wef 31/12/2021] |
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| Notice of intention to extend delivery date exceeding 122 days |
9.—(1) A notice from the developer to the purchaser about the developer’s intention to extend the delivery date of the affected agreement and the proposed period of extension, mentioned in section 39I(4) of the Act, must —| (a) | be in Form 3; and | | (b) | be served on the purchaser by a prescribed mode of service. |
(2) For the purposes of section 39I(4)(b) of the Act, the prescribed time for the developer to notify the purchaser of the developer’s intention to extend the delivery date and the proposed period of extension is any time —| (a) | after the developer has extended the original delivery date by a total period of 122 days under section 39I(1) of the Act; but | | (b) | before —| (i) | unless sub‑paragraph (ii) applies — 29 July 2021; and | | (ii) | 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 — the expiry of a period of 28 days after the earlier of the following:| (A) | the date that the certificate is issued; | | (B) | the date that the permit is granted. [S 150/2023 wef 31/12/2021] |
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| Notice of assessor’s certification |
10.—(1) A notice from the developer to the purchaser about the assessor’s certification mentioned in section 39I(6) of the Act must —| (a) | be in Form 4; and | | (b) | be served on the purchaser by a prescribed mode of service. |
| (2) For the purposes of section 39I(6)(b) of the Act, the prescribed time for the developer to notify the purchaser of the assessor’s certification is within 21 days after the Registrar notifies the developer of the assessor’s certification under section 39O(1)(a) of the Act. |
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| Prescribed actions for section 39J(2)(b) of Act |
11. The following actions, in relation to the subject failure, are prescribed for the purposes of section 39J(2)(b) of the Act:| (a) | the commencement or continuation of an action in a court against the developer or the developer’s guarantor or surety (including by amending the pleadings for any such action already commenced to include the subject failure in the action or claim for the subject failure); | | (b) | the commencement or continuation of any arbitral proceedings under the Arbitration Act 2001 against the developer or the developer’s guarantor or surety (including by amending the pleadings for any such proceedings already commenced to include the subject failure in the proceedings or claim for the subject failure); [S 150/2023 wef 31/12/2021] | | (c) | the enforcement of any security over any immovable property; | | (d) | the enforcement of any security over any movable property used for the purpose of a trade, business or profession; | | (e) | the making of an application under section 210(1) of the Companies Act 1967 for a meeting of creditors to be summoned to approve a compromise or an arrangement in relation to the developer or the developer’s guarantor or surety; [S 150/2023 wef 31/12/2021] | | (f) | the making of an application for a judicial management order in relation to the developer or the developer’s guarantor or surety; | | (g) | the making of an application for the winding up of the developer or the developer’s guarantor or surety; | | (h) | the making of a bankruptcy application against the developer or the developer’s guarantor or surety; | | (i) | the appointment of a receiver or manager over any property or undertaking of the developer or the developer’s guarantor or surety; | | (j) | the commencement or levying of execution, distress or other legal process against any property of the developer or the developer’s guarantor or surety, except with the leave of the court and subject to such terms as the court imposes; | | (k) | the repossession of any goods used for the purpose of a trade, business or profession under the affected agreement in question; | | (l) | the termination of the affected agreement in question; | | (m) | the enforcement against the developer or the developer’s guarantor or surety of a judgment of a court, or an award made by an arbitral tribunal in arbitral proceedings conducted under the Arbitration Act 2001. [S 150/2023 wef 31/12/2021] |
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12.—(1) Subject to paragraph (2), where an application mentioned in section 39L(1)(a) of the Act is submitted in relation to the affected agreement in question in accordance with section 39N(1) of the Act, the prescribed date for the purposes of section 39J(3)(b) of the Act is —| (a) | unless sub‑paragraph (b) applies — the last day of the period of 252 days after the date on which the developer notifies the purchaser of the developer’s intention to extend the delivery date in accordance with section 39I(4) of the Act; 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 — the last day of the period of 252 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] |
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| (2) Despite paragraph (1), the prescribed date is (if earlier than the prescribed date under paragraph (1)(a) or (b) (as the case may be)) the last day of the period of 21 days after the date on which the Registrar notifies the developer of the assessor’s determination under section 39O(1)(a) of the Act. |
| (3) Where no application mentioned in section 39L(1)(a) of the Act is submitted in relation to the affected agreement in question in accordance with section 39N(1) of the Act, the prescribed date is the last day of the period of 56 days after the period within which that application must be submitted under regulation 20(4). |
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| Prescribed amount for section 39K(1)(a) and (2)(a) of Act |
13.—(1) For the purposes of section 39K(1)(a) of the Act, the prescribed amount is —| (a) | where the affected agreement was entered into between a purchaser and the Housing and Development Board — calculated according to the following formula:| (i) | A is the purchase price stated in the affected agreement for the purchase of the property in question; | | (ii) | B is —| (A) | for a purchaser who is a permanent resident of Singapore, the premium payable under the affected agreement for the purchase of the property in question; and | | (B) | for a purchaser who is a citizen of Singapore, zero; and |
| | (iii) | C is the total number of days that the delivery date provided by the affected agreement is extended under section 39I(1) of the Act; and |
| | (b) | where the affected agreement was entered into between a purchaser and any other developer — 70% of the liquidated damages that the developer would, but for the extension under section 39I(1) of the Act, be liable to pay to the purchaser under the affected agreement for failing to deliver possession of the unit or units in question on or before the original delivery date. |
(2) For the purposes of section 39K(2)(a) of the Act, the prescribed amount is —| (a) | where the affected agreement was entered into between a purchaser and the Housing and Development Board — calculated according to the following formula:| (i) | A is the purchase price stated in the affected agreement for the purchase of the property in question; | | (ii) | B is —| (A) | for a purchaser who is a permanent resident of Singapore, the premium payable under the affected agreement for the purchase of the property in question; and | | (B) | for a purchaser who is a citizen of Singapore, zero; |
| | (iii) | C is the total number of days that the delivery date provided by the affected agreement is extended under section 39I(1) and (3) of the Act; and | | (iv) | D is the qualifying costs incurred that the developer is liable to the purchaser under section 39K(1)(a) of the Act; and |
| | (b) | where the affected agreement was entered into between a purchaser and any other developer — 70% of the liquidated damages that the developer would, but for the extensions under section 39I(1) and (3) of the Act, be liable to pay to the purchaser under the affected agreement for failing to deliver possession of the unit or units in question on or before the delivery date, less the qualifying costs incurred that the developer is liable to the purchaser under section 39K(1)(a) of the Act. |
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| (3) In this regulation, “Housing and Development Board” means the Housing and Development Board established by section 3 of the Housing and Development Act 1959. [S 150/2023 wef 31/12/2021] |
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| Claim for reimbursement of qualifying costs |
14.—(1) A claim by a purchaser for reimbursement of the qualifying costs incurred by the purchaser, mentioned in section 39K(3) of the Act, must —| (a) | be in Form 5; | | (b) | contain the following information:| (i) | the name, address and telephone number and email address (if any) of the purchaser; | | (ii) | a description of the qualifying costs that the purchaser is claiming; | | (iii) | the total claim amount; | | (iv) | such other information as may be specified —| (A) | in Form 5; and | | (B) | in the Registrar’s directives; |
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| | (c) | be accompanied by such supporting documents as may be specified —| (i) | in Form 5; and | | (ii) | in the Registrar’s directives; and |
| | (d) | be served on the developer by a prescribed mode of service. |
(2) For the purposes of section 39K(3)(b) of the Act, the prescribed time for a purchaser to claim reimbursement from the developer of the qualifying costs incurred by the purchaser, as permitted under section 39K(1)(a) of the Act, is any time —| (a) | unless sub-paragraph (b) applies —| (i) | on or after 30 September 2021; but | | (ii) | before the latest of the following:| (A) | 25 November 2021; | | (B) | the expiry of the period of 56 days after the actual date of delivery of possession of the unit or units in question; | | (C) | the expiry of the period of 56 days after the date the developer notifies the purchaser of the assessor’s certification in accordance with section 39I(6) of the Act (if applicable); and |
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| | (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 — | (i) | on or after 91 days after the earlier of the following:| (A) | the date that the certificate is issued; | | (B) | the date that the permit is granted; but |
| | (ii) | before the latest of the following:| (A) | the expiry of the period of 147 days after the earlier of —| (AA) | the date that the certificate is issued; | | (AB) | the date that the permit is granted; |
| | (B) | the expiry of the period of 56 days after the actual date of delivery of possession of the unit or units in question; | | (C) | the expiry of the period of 56 days after the date the developer notifies the purchaser of the assessor’s certification in accordance with section 39I(6) of the Act (if applicable). [S 150/2023 wef 31/12/2021] |
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(3) For the purposes of section 39K(3)(b) of the Act, the prescribed time for a purchaser to claim reimbursement from the developer of the qualifying costs incurred by the purchaser, as permitted under section 39K(2)(a) of the Act, is any time —| (a) | after the assessor determines the application under section 39L(1)(a) of the Act in question; but | | (b) | before the expiry of a period of 56 days after the date the developer notifies the purchaser of the assessor’s certification in accordance with section 39I(6) of the Act. |
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(4) For the purposes of section 39K(5) of the Act, the prescribed time after which the purchaser may take any action mentioned in section 39K(5) of the Act in relation to a claim made in accordance with section 39K(3) of the Act, is —| (a) | in a case where no application under section 39L(1)(b) of the Act in relation to the claim is made in accordance with section 39N(1) of the Act — any time after the expiry of the period of 28 days after the date the purchaser makes the claim; or | | (b) | in any other case — any time after the expiry of the period of 21 days after the date the Registrar notifies the developer of the assessor’s determination under section 39O(1)(b) of the Act in relation to the claim. |
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| Prescribed period for purposes of section 39LA(1) of Act |
| 15. For the purposes of section 39LA(1) of the Act, the prescribed period for the total period of all extensions within which a person must do a thing required under Part 8C of the Act, is 56 days. |
| Prescribed period for purposes of section 39LA(2) of Act |
| 16. For the purposes of section 39LA(2) of the Act, the prescribed period within which an extension or an application for an extension of any period (within which a person must do a thing required under Part 8C of the Act) must be made, is the period of 56 days after the expiry of the period within which the person is required to do that thing under that Part. |
| Recovery of damages paid by developer |
17. Where, for any liability in relation to the developer’s failure to comply with the original delivery date under an affected agreement —| (a) | a developer has, before 2 November 2020 —| (i) | paid any amount to a purchaser under the affected agreement; or | | (ii) | reduced the amount of any instalment payable by the purchaser to the developer under the affected agreement; and |
| | (b) | by reason of section 39I(7)(b) of the Act, the liability for the failure to so comply is extinguished, |
| the amount so paid or the amount of the reduction is recoverable from the purchaser as a debt due to the developer, after the extended delivery date under the affected agreement. |
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