Housing and Development (Design-Build-and-Sell Scheme — Form of Contract) Rules 2006

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No. S 508

Housing and Development Act

(Chapter 129)

Housing and Development (Design-build-and-sell Scheme — Form of Contract) Rules 2006

In exercise of the powers conferred by section 65T(2) of the Housing and Development Act, the Minister for National Development hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Housing and Development (Design-Build-and-Sell Scheme — Form of Contract) Rules 2006 and shall come into operation on 28th August 2006.

Definitions

2. In these Rules, unless the context otherwise requires —

“amend”, in relation to any option to purchase or agreement for the sale and purchase, includes deleting, inserting or altering any provision in the option to purchase or agreement for the sale and purchase, as the case may be;

“approved developer” means a developer appointed under section 65N of the Act;

“DBSS flat” means any housing accommodation sold or to be sold by an approved developer under Part IVB of the Act.

Option to purchase

3.—(1) An approved developer shall give to an intending purchaser of a DBSS flat an option to purchase in Form A in the Schedule, or in Form A as amended under rule 5.

(2) The option referred to in paragraph (1) shall not be assignable or transferable.

(3) Where an approved developer has granted to a person an option to purchase a DBSS flat, he shall not grant to any other person an option to purchase the DBSS flat until after the first-mentioned option has lapsed.

Agreement for sale and purchase

4.—(1) An agreement for the sale and purchase of a DBSS flat given by an approved developer to a purchaser shall be in Form B in the Schedule, or in Form B as amended under rule 5.

(2) The Singapore Academy of Law established under the Singapore Academy of Law Act (Cap. 294A) shall act as stakeholder under the agreement referred to in paragraph (1).

Variation of option or agreement form

5.—(1) An approved developer shall not make or cause to be made any amendment to any of the provisions in an option to purchase in Form A in the Schedule, or an agreement for the sale and purchase in Form B in the Schedule, except with the prior approval in writing of the Board.

(2) An application for the Board’s approval to amend any of the provisions in an option to purchase in Form A in the Schedule, or an agreement for the sale and purchase in Form B in the Schedule, shall be made in writing by the approved developer at least one month before the approved developer requires the same.

(3) The Board may, after considering the application by the approved developer under paragraph (2) —

(a)	grant its approval of the amendment wholly or partly and with or without modifications, and with or without conditions; or
(b)	disapprove the application.

Assignment by purchaser

6.—(1) No purchaser of a DBSS flat shall assign to another all his rights, title and interest under an agreement made between him and the approved developer for the sale and purchase of the DBSS flat unless the purchaser has obtained the prior written approval of the Board.

(2) Subject to paragraph (1), where a purchaser of a DBSS flat intends to assign to another all his rights, title and interest under an agreement made between him and the approved developer for the sale and purchase of the DBSS flat, the approved developer shall enter into a new agreement for the sale and purchase of the DBSS flat with the assignee in Form B in the Schedule, or in Form B as amended under rule 5; and rule 4 shall apply.

(3) The approved developer shall be entitled —

(a)	to impose on 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 approved developer to his solicitor; and
(b)	to impose on the purchaser or the assignee or both such other terms and conditions as may be approved by the Board in connection with the approved developer entering into a new agreement for the sale and purchase of the DBSS flat.

Unsold DBSS flats

7.—(1) Where the Minister has under section 65P(1) of the Act published in the Gazette a notification declaring that the lease of every unsold DBSS flat shall vest in the approved developer —

(a)	any option to purchase given by the approved developer with regard to any such unsold DBSS flat shall be in Form A in the Schedule, or in Form A as amended under rule 5; and
(b)	any agreement for the sale and purchase of any such unsold DBSS flat with the approved developer shall be in Form B in the Schedule, or in Form B as amended under rule 5,

and rules 3, 4 and 6 shall apply with regard to that unsold DBSS flat.

(2) The Housing and Development (Agreements for Sale and Purchase) Rules (R 11) shall not apply to any option to purchase or sale by an approved developer of any unsold DBSS flat referred to in paragraph (1).

Waivers and void options and agreements

8.—(1) Any option to purchase a DBSS flat given by an approved developer that is not in compliance with rule 3(1) or 7 shall be void.

(2) Any agreement for the sale and purchase of a DBSS flat between an approved developer and any purchaser that is not in compliance with rule 4(1) or 7 shall be void.

(3) An approved developer shall not, without the prior consent in writing of the Board, seek from a purchaser of a DBSS flat —

(a)	any waiver of the purchaser’s rights under an agreement for the sale and purchase of the DBSS flat; or
(b)	any release from the performance of the approved developer’s duties and obligations under the agreement for the sale and purchase of the DBSS flat.

(4) Any undertaking given by a purchaser of a DBSS flat to an approved developer which seeks to waive the purchaser’s rights or claims against the approved developer for a breach of, or to release an approved developer from the performance of, the approved developer’s duties and obligations under an agreement for the sale and purchase of the DBSS flat shall be unenforceable unless the prior consent in writing of the Board has been obtained.

Made this 21st day of August 2006.

TAN TEE HOW

Permanent Secretary,
Ministry of National Development,
Singapore.

[ND 311/4-105 Vol. 33; AG/LEG/SL/129/2002/3 Vol. 2]

(To be presented to Parliament under section 65T(3) of the Housing and Development Act).

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