Housing Developers Rules - Singapore Statutes Online

Housing Developers (Control and Licensing) Act

(Chapter 130, Section 22)

Housing Developers Rules

R 1

G.N. No. S 2/1985

REVISED EDITION 2008

(30th September 2008)

[4th January 1985]

Citation

1. These Rules may be cited as the Housing Developers Rules.

Definitions

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

“advertisement” —

(a)	means any form of representation (including writing, still or moving pictures, sign, symbol or other visual image or message or audible message, or any combination of them) that is used or made for purposes of advertising, marketing, publicity or announcement; and
(b)	includes an advertisement published, displayed, conveyed, transmitted or broadcasted in any form, manner or medium (whether electronic or otherwise); [S 163/2012 wef 18/05/2012]

“building” includes any completed building, or any building partially completed or to be erected, whether or not intended for any strata subdivision in accordance with any permission or authorisation for strata subdivision granted under the Planning Act (Cap. 232);

“Commissioner of Buildings” means the Commissioner of Buildings appointed under the Building Maintenance and Strata Management Act (Cap. 30C);

“Commissioner of Building Control” means the Commissioner of Building Control appointed under the Building Control Act (Cap. 29);

“housing project” means any land on which construction work is being carried out or has been carried out with a view to building 5 or more separate units for use as residential dwellings;

“land” includes land of any tenure, any building or part thereof, so much of the air-space above the surface as may be reasonably used or enjoyed by any proprietor, and so much of the subterranean space below the surface as is reasonably necessary for the use and enjoyment of the land, whether or not held apart from the surface, and any estate or interest therein;

[S 270/2015 wef 08/05/2015]

“limited common property” has the same meaning as in the Building Maintenance and Strata Management Act (Cap. 30C);

“lot” means a stratum which is shown as a lot on a strata title plan;

“no-sale licence” is a licence granted under section 4(4) of the Act by the Controller to a housing developer to carry out or undertake housing development subject to, amongst others, the condition that the housing developer must not grant any option to purchase, or enter into any agreement for the sale of, any unit of housing accommodation to be developed in the housing development except with the prior written approval of the Controller;

[S 291/2015 wef 25/05/2015]

“registered land” has the same meaning as is assigned to it in the Land Titles (Strata) Act (Cap. 158);

“Registrar of Titles” means the Registrar of Titles appointed under the Land Titles Act (Cap. 157);

“sale licence” is a licence granted under section 4(4) of the Act by the Controller to a housing developer to carry out or undertake housing development subject to, amongst others, the condition that the housing developer must not grant any option to purchase, or enter into any agreement for the sale of, any unit of housing accommodation to be developed in the housing development, before the plans for building works for the development of the housing accommodation are approved by the Commissioner of Building Control;

[S 291/2015 wef 25/05/2015]

“strata subdivision” has the same meaning as is assigned to it in the Land Titles (Strata) Act;

“strata title plan” has the same meaning as in the Land Titles (Strata) Act;

“stratum” means any part of land consisting of a space of any shape below, on or above the surface of the land, or partly below and partly above the surface of the land, the dimensions of which are delineated;

“temporary occupation permit” has the same meaning as in section 2(1) of the Building Control Act (Cap. 29);

[S 291/2015 wef 25/05/2015]

“unit”, in relation to a housing project, means a unit in a housing project which can be used as a separate and complete dwelling.

Prescribed amount of paid-up capital, deposit and security

2A.—(1) For the purposes of section 5(1)(a) and (b) of the Act, the Controller must not grant a sale licence to a housing developer to carry out or undertake a housing development described in the first column of the Second Schedule unless the housing developer —

(a)

if a company —

(i)	has at least an issued and paid-up capital of the amount specified in the second column of the Second Schedule opposite the housing development; or
(ii)	lodges with the Controller a deposit or security of at least the amount specified in the third column of that Schedule opposite the housing development; or

(b)

if an individual, a group of persons, a partnership, a society or a limited liability partnership, lodges with the Controller a deposit or security of at least the amount specified in the third column of the Second Schedule opposite the housing development.

[S 93/2016 wef 01/04/2016]

(2) For the purposes of section 5(1)(a) and (b) of the Act, the Controller must not grant a no-sale licence to a housing developer that is a company, unless the housing developer —

(a)	has a paid-up capital of at least $100,000; or
(b)	has lodged with the Controller, in such form and manner and on such terms as the Controller may determine, a deposit or security of $100,000. [S 291/2015 wef 25/05/2015]

Mandatory particulars in advertisements

3. Any advertisement (other than those conveyed by means of broadcast sound receivers or through television receivers) made by or on behalf of a licensed housing developer in respect of any housing project shall include the following particulars:

(a)	the name and the licence number of the housing developer;
(b)	the tenure of the land and encumbrances, if any, to which the land is subject;
(c)	the expected date when the purchasers of the units in the housing project will be able to take vacant possession of the units;
(d)	the expected date when the legal title of the units sold will be conveyed to the purchasers;
(e)	the location of the housing project including the lot number and Mukim/Town Subdivision. [S 163/2012 wef 18/05/2012]
(f)	[Deleted by S 163/2012 wef 18/05/2012]

Power of Controller to waive requirements

4. The Controller may, in his discretion, waive any of the requirements of these Rules relating to advertisements of housing projects.

5. [Deleted by S 163/2012 wef 18/05/2012]

Prohibited particulars in advertisements

6. An advertisement of a housing project shall not contain anything which suggests or is calculated to suggest —

(a)	the patronage of the President or of any of the members of his family;
(b)	any connection with any Government department, statutory body or public building or place; or
(c)	any attribute to which the housing developer cannot genuinely make a claim.

False particulars in advertisements

7. No person shall publish, display, convey, transmit or broadcast, or cause to be published, displayed, conveyed, transmitted or broadcasted, any advertisement in relation to a housing project which —

(a)	contains any statement, information or material which is false or misleading;
(b)	fails to comply with the requirements of rule 3, where applicable; or
(c)	contravenes rule 6. [S 163/2012 wef 18/05/2012]

Booking fee

8. A purchaser of a unit in a housing project shall be required to pay for any option or right to purchase the unit, a booking fee or make any other payment by whatever name it is called, which is not less than 5% but not more than 10% of the purchase price of the unit.

9.—(1) Every housing developer shall maintain a register as shown in Form 1 in the First Schedule showing the particulars of the persons who have obtained options for the purchase of the units in a housing project.

[S 163/2012 wef 18/05/2012]

[S 93/2016 wef 01/04/2016]

(2) The Controller or any of his officers may require any housing developer to produce for his inspection the register maintained by the developer under paragraph (1).

Option

10.—(1) Except where the prior approval in writing of the Controller is obtained, 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 2 in the First Schedule.

[S 163/2012 wef 18/05/2012]

[S 93/2016 wef 01/04/2016]

(1A) The option for the purchase of a unit in a housing project shall be granted to the intending purchaser upon acceptance by the housing developer of the booking fee for the unit.

[S 163/2012 wef 18/05/2012]

(2) The option granted by the housing developer shall not be assignable or transferable.

(3) No amendment, deletion or alteration to the option referred to in paragraph (1) shall be made —

(a)	except with the approval of the Controller in writing; or
(b)	unless such amendment, deletion or alteration is permitted under Form 2 in the First Schedule. [S 163/2012 wef 18/05/2012] [S 93/2016 wef 01/04/2016]

(4) The housing developer shall, before accepting a booking fee from an intending purchaser for an option to purchase a unit in a housing project —

(a)	provide the intending purchaser with the particulars, documents and information relating to the unit and the housing project as described in, and in accordance with the requirements of, Form 3 in the First Schedule; and [S 93/2016 wef 01/04/2016]
(b)	obtain written acknowledgment from the intending purchaser that the housing developer has complied with the requirements of sub-paragraph (a). [S 163/2012 wef 18/05/2012]

(5) Where a unit in a housing project is intended to comprise a lot in a strata title plan, the housing developer shall, before accepting a booking fee from an intending purchaser for an option to purchase that unit —

(a)

notify the intending purchaser that the following documents are available for his inspection:

(i)	a copy of the schedule of strata units or amended schedule of strata units for that housing project as filed with and accepted by the Commissioner of Buildings;
(ii)	where any common property of the housing project is designated as limited common property, a plan or description of the limited common property and the units in the housing project the purchasers of which will be entitled to the exclusive benefit of the limited common property; [S 163/2012 wef 18/05/2012]

(b)

make available such documents for inspection by that intending purchaser; and

[S 163/2012 wef 18/05/2012]

(c)

obtain written acknowledgment from the intending purchaser that the requirements of sub-paragraphs (a) and (b) have been complied with.

[S 163/2012 wef 18/05/2012]

Validity of option

11.—(1) Where a housing developer has granted to a person (referred to in this rule as the option holder) an option to purchase a unit in a housing project, he shall not grant to any other person an option to purchase the same unit until after the first-mentioned option has lapsed.

[S 163/2012 wef 18/05/2012]

(2) Subject to paragraphs (3), (4) and (5), an option granted by a housing developer to any person who wishes to purchase a unit in a housing project shall be valid for a period (referred to in this rule as the validity period) of 3 weeks commencing from the date immediately after the delivery to the option holder, or to the option holder’s solicitors, of —

(a)	the title deeds, or copies of the title deeds to the unit; and
(b)	the execution copies of the agreement for the sale and purchase of the unit. [S 163/2012 wef 18/05/2012]

(3) The Controller may, on the application of the housing developer made before the grant of the option, by writing permit a housing developer to grant any option with a different validity period.

[S 163/2012 wef 18/05/2012]

(4) The Controller may, on the application of the housing developer or the option holder, by writing permit a variation of the validity period if the housing developer and the option holder agree.

[S 163/2012 wef 18/05/2012]

(5) Where, before the expiry of the validity period, the option holder serves the housing developer with a written notice stating that he does not wish to exercise the option, the option shall lapse immediately upon the receipt by the housing developer of the written notice.

[S 163/2012 wef 18/05/2012]

Sale and purchase agreement

12.—(1) An agreement made between a housing developer and a purchaser for the sale and purchase of a unit in a housing project which is not intended to comprise a lot in a strata title plan shall be in Form 4 in the First Schedule.

[S 163/2012 wef 18/05/2012]

[S 93/2016 wef 01/04/2016]

(2) An agreement for the sale of a unit in a housing project which is intended to comprise a lot in a strata title plan shall be in Form 5 in the First Schedule.

[S 163/2012 wef 18/05/2012]

[S 93/2016 wef 01/04/2016]

(3) No amendment, deletion or alteration shall be made to the agreement referred to in paragraph (1) or (2) —

(a)	except with the prior approval of the Controller in writing; or
(b)	unless such amendment, deletion or alteration is permitted under Form 4 or 5 in the First Schedule (as the case may be). [S 163/2012 wef 18/05/2012] [S 93/2016 wef 01/04/2016]

(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).

Compliance with directions given by Controller

13.—(1) The Controller may, by giving directions in writing pursuant to section 23 of the Act, require a housing developer to furnish him with such information or particulars as the Controller may require pertaining to any housing project which is being carried out or has been completed by the housing developer.

(2) Where a direction referred to in paragraph (1) has been given by the Controller, the housing developer concerned shall comply with the direction within 14 days after the date of receipt of the direction unless the housing developer has prior to the expiration of the 14 days applied for an extension of time to comply with the direction.

[S 163/2012 wef 18/05/2012]

(3) The housing developer shall supply the Controller with such information and documents as may be required in support of the application under paragraph (2).

(4) Where an application for an extension of time —

(a)	is rejected by the Controller, the housing developer shall comply with the direction referred to in paragraph (1) within 14 days after the date of the receipt of the letter rejecting the application; or [S 163/2012 wef 18/05/2012]
(b)	is approved by the Controller, the housing developer shall comply with the direction referred to in paragraph (1) within such time as the Controller may determine.

Power of Controller to carry out investigations

14.—(1) The Controller may at any time carry out an investigation into any housing project and may, after consultation with the relevant Government authorities, give directions in writing pursuant to section 23 of the Act to require the housing developer of the housing project —

(a)	to, where applicable, lodge an application with the Registrar of Titles to bring the land on which the housing project is built under the provisions of the Land Titles Act (Cap. 157); [S 163/2012 wef 18/05/2012]
(b)	to comply with the requirements of the competent authority necessary for the grant of written permission for the subdivision of land under the Planning Act (Cap. 232) within such time as the Controller may appoint; [S 163/2012 wef 18/05/2012]
(c)	to comply with the requirements of the Commissioner of Building Control or other relevant authorities which are conditions precedent to the issue of the temporary occupation permits or the certificates of statutory completion for the units in the housing project sold by the housing developer within such time as the Controller may appoint;
(d)	to obtain separate titles for the units in the housing project sold by the housing developer within such time as the Controller may specify after the date of the grant of written permission by the competent authority for the subdivision of land under the Planning Act (Cap. 232); [S 163/2012 wef 18/05/2012]
(e)	to employ registered surveyors to carry out the necessary surveys and to prepare the necessary plans for the housing project for submission to the Chief Surveyor appointed under the Boundaries and Survey Maps Act (Cap. 25) within such time as the Controller may appoint;
(f)	to discharge any mortgage (whether legal or equitable) or any charge of or on the land on which the housing project is carried out, or to repay either partially or in full any sums of money advanced to the housing developer under a mortgage of the land on which the housing project is carried out, within such time as the Controller may appoint; and
(g)	where the housing developer has failed to complete the sale of a unit in the housing project on or before the date appointed for the completion of the sale and purchase of the unit, to complete the sale of the unit in the housing project within such time as may be appointed by the Controller.

(2) Any direction given by the Controller pursuant to paragraph (1)(g) shall not prejudice the right of a purchaser to claim liquidated damages for the developer’s failure to complete the sale of any unit in a housing project on or before the date appointed for completion.

Developer not to seek waiver from purchaser without consent of Controller

15.—(1) A housing developer shall not, without the prior consent in writing of the Controller, seek from a purchaser of a unit in a housing project —

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

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

(3) Paragraphs (1) and (2) do not apply to any amendment, deletion or alteration to an agreement for the sale and purchase of a unit in a housing project where such amendment, deletion or alteration is permitted under Form 4 or 5 in the First Schedule (as the case may be).

[S 163/2012 wef 18/05/2012]

[S 93/2016 wef 01/04/2016]

Assignment by purchaser

16.—(1) Subject to the provisions of 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, if so required by the assignee by notice in writing, enter into a new agreement with the assignee for the sale and purchase of the unit —

(a)	within 3 weeks after receipt of the assignee’s notice; or
(b)	upon the purchaser’s assignment of his rights, title and interest to the assignee,

whichever date is the later.

(2) Except as approved by the Controller in writing under paragraph (3), the new agreement between the housing developer and the assignee referred to in paragraph (1) shall contain 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.

(3) 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 —

(a)	the housing 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
(b)	the Controller may approve (wholly or partly and with or without modifications) or disapprove such an application.

(4) Where paragraph (3) applies, the housing developer shall, after the Controller has approved the amendment, alteration or deletion, forthwith deliver the new agreement to the assignee for signing.

(5) The housing developer shall not, except with the prior consent of the Controller in writing, be entitled to require the purchaser or the assignee to agree to, comply with or satisfy, any term or condition before entering into the new agreement with the assignee for the sale and purchase of the unit referred to in paragraph (1).

(6) The housing developer shall be entitled —

(a)	to charge the assignee a fee not exceeding $200 (exclusive of goods and services tax); and
(b)	to require the assignee to reimburse him up to the amount of $400 (exclusive of goods and services tax) for costs payable by the housing developer to his solicitor. [S 163/2012 wef 18/05/2012] [S 291/2015 wef 25/05/2015]

Plan of unit in housing project

17. A housing developer shall attach a plan of a unit in a housing project sold by him to the agreement for sale and purchase of the unit and the plan shall contain such particulars as are sufficient to enable the purchaser to lodge a caveat against the land on which the housing project is being erected.

Fee for licence

18. The fee payable by a housing developer for a licence granted under section 4(4) of the Act is as follows:

(a)	licence for the development of a housing project having not more than 10 units

$2,500

(b)	licence for the development of a housing project having more than 10 units but not more than 50 units

$8,000

(c)	licence for the development of a housing project having more than 50 units but not more than 100 units

$18,000

(d)	licence for the development of a housing project having more than 100 units but not more than 200 units

$30,000

(e)	licence for the development of a housing project having more than 200 units but not more than 400 units

$45,000

(f)	licence for the development of a housing project having more than 400 units

$65,000

[S 632/2017 wef 01/12/2017]

Offences

19.—(1) Any person —

(a)	who refuses or neglects to comply with or acts in contravention of any of the provisions of these Rules;
(b)	who, being a person required under these Rules to furnish any statement or information to the Controller, makes or gives any statement or information which is false, misleading or inaccurate in any material particular; or
(c)	who, in making an application for a licence granted under section 4(4) of the Act, makes or gives any statement or information which is false, misleading or inaccurate in any material particular,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

(2) Any person who knowingly and wilfully aids, abets, procures or instigates the commission of an offence under this rule shall be guilty of an offence and shall be liable on conviction to be punished with the punishment provided for the offence.

20. [Deleted by S 163/2012 wef 18/05/2012]

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