| Rules 12(2) and (3) and 15(3) |
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| SALE AND PURCHASE AGREEMENT |
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| An Agreement made between __________________________________ of ______________________ Housing Developer’s Licence No. _____ (the Vendor) and the Purchaser named in item 1 of the Fourth Schedule on __________. |
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| “Agreement” means this Agreement entered into between the Vendor and the Purchaser for the sale and purchase of the Unit; |
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| “authorised deductions” means deductions from the Purchase Price which — |
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| (a) | are specified in a duly served notice under clause 5.4; and |
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| (b) | the Purchaser is entitled to make under this Agreement; |
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| “Base Rate” means the average of the prevailing prime lending rates of DBS Bank Ltd, Oversea‑Chinese Banking Corporation Limited and United Overseas Bank Limited, per annum rounded downwards to the nearest one‑eighth of 1%; |
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| “Booking Fee” means the booking fee of such amount as set out in item 2 of the Fourth Schedule that is paid as consideration for the grant of the Option to purchase the Unit referred to in item 5 of the same Schedule; |
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| “Building” means the building as set out in item 3 of the Fourth Schedule; |
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| (Note: The definition of “Building” may be deleted in the case of a strata landed housing development.) |
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| “Certificate of Statutory Completion” or “CSC” means the Certificate of Statutory Completion issued by the Commissioner of Building Control under the Building Control Act (Cap. 29); |
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| “certified copy”, in relation to the CSC or TOP in respect of the Unit, means a copy of such CSC or TOP, as the case may be, as confirmed in writing by the qualified person engaged by the Vendor for the Housing Project to have been issued by the Commissioner of Building Control under the Building Control Act in respect of the Unit; |
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| “Commissioner of Building Control” means the Commissioner of Building Control appointed under the Building Control Act; |
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| “Commissioner of Buildings” means the Commissioner of Buildings appointed under the Building Maintenance and Strata Management Act (Cap. 30C); |
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| “common property” has the same meaning as in the Building Maintenance and Strata Management Act; |
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| “Competent Authority” means the competent authority appointed under the Planning Act (Cap. 232); |
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| “Completion Date” means the date on which completion of the sale and purchase of the Unit takes place in accordance with clause 16; |
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| “Controller of Housing” means the Controller of Housing appointed under the Housing Developers (Control and Licensing) Act (Cap. 130); |
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| “defect” means any fault in the Unit, the Housing Project, the common property or the limited common property which is due either to — |
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| (a) | defective workmanship or materials; or |
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| (b) | the Unit, the Housing Project, the common property or the limited common property, as the case may be, not having been constructed according to the Specifications; |
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| (Note: The references to “limited common property” may be deleted and this definition may be appropriately amended if the definition of “limited common property” is not required and deleted.) |
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| “Final Payment Date” means a date which is 12 months after — |
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| (a) | the date the Vendor actually delivers vacant possession of the Unit to the Purchaser; or |
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| (b) | the 15th day after the Purchaser receives the documents specified under item 3 of the Payment Schedule, |
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| whichever is the earlier; |
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| “Homeowner User Manual” means a manual containing information described in the Code of Practice on Buildability issued by the Building and Construction Authority in relation to a prefabricated bathroom unit; |
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| (Note: The definition of “Homeowner User Manual” may be deleted if regulation 13(2)(ab) of the Building Control (Buildability and Productivity) Regulations 2011 (G.N. No. S 199/2011) is not applicable to the Housing Project.) |
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| “Housing Project” means the housing project known or to be known as ______________ and 1built/being built/to be built by the Vendor under approved Building Plan BP No. __________; |
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| (Note: To include the number(s) of all building plan(s) approved as at the date of the Option to Purchase.) |
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| 2“limited common property” has the same meaning as in the Building Maintenance and Strata Management Act; |
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| “Notice of Vacant Possession” means a notice by the Vendor to the Purchaser under clause 12.3 given upon delivery of vacant possession of the Unit to the Purchaser; |
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| “Notice to Complete” means a notice by the Vendor to the Purchaser under clause 16.1 to complete the sale and purchase of the Unit; |
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| “Payment Schedule” means the Payment Schedule set out in clause 5.1; |
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| “Purchase Price” means the purchase price for the Unit as set out in item 4 of the Fourth Schedule; |
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| “qualified person” has the same meaning as in the Building Control Act and refers to a qualified person engaged by the Vendor for the Housing Project; |
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| “Singapore Academy of Law” or “SAL” means the Singapore Academy of Law established under the Singapore Academy of Law Act (Cap. 294A); |
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| “Specifications” means the specifications set out in the First Schedule; |
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| “Temporary Occupation Permit” or “TOP” means the temporary occupation permit issued by the Commissioner of Building Control under the Building Control Act; |
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| “the Option” means the Option to purchase the Unit referred to in item 5 of the Fourth Schedule; |
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| “the Purchaser’s solicitors” means the solicitors named in item 6 of the Fourth Schedule or such other solicitors as may be notified in writing by the Purchaser to the Vendor; |
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| “the Unit” means the Unit as described in item 7 of the Fourth Schedule; |
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| “the Vendor’s solicitors” means (name and address of person or firm) or such other solicitors as may be notified in writing by the Vendor to the Purchaser; |
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| “Unit Purchase Price” means the unit price for each square metre of the area of the Unit as set out in item 8 of the Fourth Schedule; |
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| “Vendor” and “Purchaser” include the personal representatives and the successors in title of the Vendor and Purchaser, respectively; |
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| “working day” means any day other than a Saturday, Sunday or public holiday. |
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| 1.1.2 | Words importing the singular shall include the plural and vice versa. |
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| 1.1.3 | Words importing one gender shall include the other gender. |
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| 1.1.4 | Any reference in this Agreement to any written law shall be a reference to the written law as it applies at the date of this Agreement. |
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| 1.1.5 | If the Vendor or the Purchaser comprises more than one party, the obligations of the Vendor or the Purchaser, as the case may be, under this Agreement can be enforced against all the parties jointly or against all or any of the parties individually. |
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| 1.1.6 | If any amount is due for payment on a particular day, such amount shall be paid on or before 5 p.m. on that day. |
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| 1.1.7 | Notwithstanding clause 1.1.6, if any amount is due for payment to or from the SAL on a particular day, such amount shall be paid in accordance with the relevant Rules made under the Singapore Academy of Law Act. |
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| 1.2.1 | Every notice required or authorised under this Agreement must be in writing. |
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| 1.2.2 | Any notice or document required or authorised under this Agreement to be delivered or given to or by a party shall be sufficiently delivered or given if delivered or given to or by that party’s solicitors in accordance with clause 1.2.3. |
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| 1.2.3 | Notices or documents sent by the following means are to be regarded as served: |
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| (a) | by post in a registered letter addressed to the party to be served at his last known residence or place of business |
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| | the time such letter would in the ordinary course be delivered unless the letter is returned through the post undelivered; |
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| (b) | by telegraphic facsimile transmission to the party to be served |
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| | on the day of transmission if sent on or before 5 p.m. on a working day or otherwise on the next working day; |
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| (c) | by personal delivery at the last known residence or place of business of the party |
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| | on the day of service if delivered on or before 5 p.m. on a working day or otherwise on the next working day. |
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| 1.2.4 | Notwithstanding clauses 1.2.2 and 1.2.3, every notice required or authorised under this Agreement to be given or delivered to or by the Singapore Academy of Law must be delivered or given in accordance with the relevant Rules made under the Singapore Academy of Law Act. |
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| 1.2.5 | Any notice or document required or authorised under this Agreement to be signed by a party shall be sufficiently signed if signed on behalf of that party by that party’s solicitors. |
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| 2. | Agreement for Sale and Purchase |
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| | The Vendor will sell and the Purchaser will buy free from all encumbrances 1the estate in fee simple/the estate in perpetuity/Statutory Land Grant/remainder of leasehold estate of ___ years commencing on
____________ in the Unit at the Purchase Price. |
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| 3.1 | The Unit is sold subject to — |
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| (a) | the terms in this Agreement; and |
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| (i) | the Law Society of Singapore’s Conditions of Sale 2012; or |
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| (ii) | such later Conditions of Sale as may have been issued by the Law Society of Singapore as at the date of this Agreement, |
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| | insofar as they are applicable to a sale by private treaty and are not varied by or inconsistent with the terms of this Agreement. |
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| 3.2 | The Vendor and Purchaser agree that — |
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| (a) | the definition of “Property” in Condition 1 of the Law Society of Singapore’s Conditions of Sale 2012 shall be amended as follows: |
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| | “Property” used in these Conditions means the “Unit”; |
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| (b) | Conditions 5.1, 7.1.3, 7.3, 7.4 and 10.2 of the Law Society of Singapore’s Conditions of Sale 2012 shall not apply to the sale and purchase of the Unit; |
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| (c) | Condition 13(b) of the Law Society of Singapore’s Conditions of Sale 2012 shall be varied such that the risk remains with the Vendor and shall pass to the Purchaser only on — |
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| (i) | the date the Purchaser actually takes possession of the Unit; or |
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| (ii) | the 15th day after the Purchaser receives the Notice of Vacant Possession in respect of the Unit, |
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| | whichever is the earlier; |
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| (d) | the amendments set out in the Second Schedule, which have been approved by the Controller of Housing, shall form an integral part of this Agreement, and shall be read together with the main body, the First, Third, Fourth and 3Fifth Schedules and all other parts of this Agreement; and |
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| (e) | if there is any inconsistency between the terms of this Agreement or the First, Third, Fourth or 3Fifth Schedule and the amendments set out in the Second Schedule, the said amendments in the Second Schedule shall prevail. |
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| 23.3 | If the Purchaser is not a Singapore Citizen or an approved purchaser as defined under the Residential Property Act (Cap. 274), the sale and purchase of the Unit is subject to the approval of the Minister for Law under the Residential Property Act being obtained by the Purchaser from the Controller of Residential Property. The Purchaser shall make his application to the Controller of Residential Property for the grant of approval for the purchase of the Unit within 3 weeks after the date of his exercise of the Option to purchase the Unit and notify the Vendor of the result of his application within 2 weeks after receipt thereof. If for whatever reason approval for the purchase of the Unit is not obtained within 12 weeks after the date of the Purchaser’s exercise of the Option to purchase or such further period as the Vendor and the Purchaser may agree (referred to in this clause as “the application period”), the sale and purchase of the Unit shall become null and void in which event — |
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| (a) | all moneys paid by the Purchaser to the Vendor shall be refunded to the Purchaser without interest if evidence of the refusal of the application for approval within the application period is furnished to the Vendor by the Purchaser within 2 weeks after expiry of the application period, and the Vendor shall refund the moneys within 4 weeks after receipt of the evidence of refusal and thereafter neither party shall have any further claim or demand against the other; or |
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| (b) | all moneys paid by the Purchaser to the Vendor but less 25% of the Booking Fee shall be refunded to the Purchaser without interest if no evidence of the refusal of the application for approval within the application period is furnished to the Vendor by the Purchaser within 2 weeks after expiry of the application period, and the Vendor shall refund the moneys within 4 weeks after expiry of the said 2 weeks and thereafter neither party shall have any claim or demand against the other. |
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| 23.4 | If approval of the 1shareholders/board of directors/audit committee of the Vendor or of the holding company of the Vendor (referred to in this clause as the “Approving Body”) to the sale of the Unit to the Purchaser is required under the Companies Act (Cap. 50) or the Singapore Exchange Limited’s Securities Trading Listing Manual, the sale and purchase shall be conditional upon such approval being obtained by the Vendor. The Purchaser shall provide the Vendor with all the information necessary to enable the Vendor to determine whether procurement of approval of the Approving Body is necessary. If the Approving Body does not approve the sale to the Purchaser, the sale and purchase shall be null and void in which event all moneys paid by the Purchaser to the Vendor shall be refunded to the Purchaser without interest and neither party shall have any further claim or demand against the other. In this clause, “holding company” shall have the same meaning as defined in the Companies Act. |
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| 4. | Purchase Price and Benefits |
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| 4.1 | The Purchaser shall pay the Purchase Price to the Vendor in the manner set out in this Agreement. |
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| 44.2 | In relation to or conditional upon the sale and purchase of the Unit, the Vendor shall provide to the Purchaser such rebate, reimbursement, allowance, discount, payment, voucher and other benefit (whether monetary or otherwise) of such amount or value and subject to such terms and conditions as specified in the Fifth Schedule. |
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| 5.1 | The Purchaser shall pay the Purchase Price to the Vendor in instalments according to the Payment Schedule below. |
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| 1. | 1Upon signing this Agreement/ Within 8 weeks immediately after the date of the Option |
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| | 20% of the Purchase Price (inclusive of the Booking Fee). |
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| 2. | After the Vendor has given one signed copy of the Agreement to the Purchaser or his solicitor and within 14 days immediately after the date on which the Purchaser receives from the Vendor — |
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| (a) | notice that the foundation work (inclusive of pile caps) of the Unit has been completed |
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| | 10% of the Purchase Price; |
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| (b) | notice that the reinforced concrete framework of the Unit has been completed |
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| | 10% of the Purchase Price; |
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| (c) | notice that the partition walls of the Unit have been completed |
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| | 5% of the Purchase Price; |
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| (d) | notice that the 1roofing/ceiling (inclusive of false ceiling) of the Unit has been completed |
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| | 5% of the Purchase Price; |
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| (e) | notice that the 1door sub‑frames/door frames and window frames are in position, and that the electrical wiring (without fittings), the internal plastering and the plumbing of the Unit have been completed |
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| | 5% of the Purchase Price; and |
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| (f) | notice that the car park, roads and drains serving the Housing Project have been completed |
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| | 5% of the Purchase Price. |
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| 3. | Within 14 days immediately after the Purchaser receives the following: |
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| | 25% of the Purchase Price. |
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| (a) | either the TOP or CSC in respect of the Unit (or a certified copy thereof); and |
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| (b) | notice that the Building wherein the Unit is situated and all roads and drainage and sewerage works serving the Housing Project have been completed and that water and electricity supplies, and gas supplies (if any) have been connected to the Unit |
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| Note: The words “the Building wherein the Unit is situated” may be replaced by the words “the Unit” in the case of a strata landed unit. |
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| 4. | If the Completion Date is before the issue of the CSC in respect of the Unit, the following shall be applicable for the payment of the last 15% of the Purchase Price: |
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| (a) | where the Completion Date is before the Final Payment Date, on Completion Date |
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| | 15% of the Purchase Price payable as follows: |
| (a) | 2% of the Purchase Price to the Vendor; and |
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| (b) | 13% of the Purchase Price to the SAL as stakeholder, who shall pay to the Vendor: |
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| | (i) | 8% within 7 working days immediately after the stakeholder receives from the Vendor the CSC in respect of the Unit (or a certified copy thereof) served in accordance with clause 5.2; and |
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| | (ii) | 5% or 5% less all authorised deductions on the Final Payment Date; |
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| (b) | where the Final Payment Date is before the Completion Date — |
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| (i) | within 14 days immediately after the Purchaser receives from the Vendor a notice of the Final Payment Date, which notice must be served by the Vendor not earlier than 14 days before the Final Payment Date |
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| | if the SAL (as stakeholder) and Vendor are not duly served with any notice of deductions under clause 5.4 — 5% of the Purchase Price to the Vendor; |
| if any notice of deductions under clause 5.4 is duly served on the SAL and Vendor — 5% of the Purchase Price payable as follows: |
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| | (a) | such amount of the 5% as being equivalent to all the authorised deductions to the SAL; and |
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| | (b) | the balance to the Vendor; |
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| | 10% of the Purchase Price payable as follows: |
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| | (b) | 8% to the SAL as stakeholder who shall pay to the Vendor such 8% within 7 working days immediately after the stakeholder receives from the Vendor the CSC in respect of the Unit (or a certified copy thereof) served in accordance with clause 5.2. |
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| 5. | If however the CSC in respect of the Unit is issued before the Completion Date, the following shall instead of the provisions in item 4 be applicable for the payment of the last 15% of the Purchase Price: |
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| (a) | where the CSC in respect of the Unit is issued before the Final Payment Date: |
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| (i) | within 14 days immediately after the Purchaser receives the CSC in respect of the Unit (or a certified copy thereof) |
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| | 13% of the Purchase Price payable as follows: |
| (b) | 5% to the SAL as stakeholder who shall pay to the Vendor such 5% or 5% less all authorised deductions on the Final Payment Date; |
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| | 2% of the Purchase Price payable to the Vendor; |
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| (b) | where the CSC in respect of the Unit is issued after the Final Payment Date: |
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| (i) | within 14 days immediately after the Purchaser receives from the Vendor a notice of the Final Payment Date, which notice must be served by the Vendor on the Purchaser not earlier than 14 days before the Final Payment Date |
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| | if the SAL (as stakeholder) and Vendor are not duly served with any notice of deductions under clause 5.4 — 5% of the Purchase Price payable to the Vendor; |
| if any notice of deductions under clause 5.4 is duly served on the SAL and Vendor — 5% of the Purchase Price payable as follows: |
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| | (a) | such amount of the 5% as being equivalent to all the authorised deductions to the SAL; and |
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| | (b) | the balance to the Vendor; |
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| (ii) | within 14 days immediately after the Purchaser receives the CSC in respect of the Unit (or a certified copy thereof) |
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| | 8% of the Purchase Price to the Vendor; |
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| | 2% of the Purchase Price to the Vendor. |
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| 5.2 | If the Completion Date is before the issue of the CSC in respect of the Unit and the provisions in item 4 of the Payment Schedule apply, the Vendor shall serve the CSC relating to the Unit (or a certified copy thereof) on the Purchaser and on the same day, also the stakeholder. |
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| 5.3 | Subject to clause 5.10, the stakeholder must pay the sums due to the Vendor or as specified in accordance with the provisions in items 4 and 5 of the Payment Schedule on the date or within the period as provided therein. |
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| 5.4 | If the Purchaser desires to make deductions from the 5% of the Purchase Price held or to be held by the stakeholder under items 4 and 5 of the Payment Schedule, the Purchaser may serve on the stakeholder and Vendor in writing a notice of deductions from the Purchase Price. |
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| 5.5 | The Purchaser must serve the notice of deductions under clause 5.4 on the stakeholder and Vendor on the same day and at least 7 working days before the Final Payment Date. The Purchaser may serve such notice at any time and whether or not the said 5% of the Purchase Price referred to in clause 5.4 has been paid to the stakeholder. |
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| 5.6 | If the Vendor disputes all or any part of the deductions specified in the Purchaser’s notice of deductions under clause 5.4, the Vendor may serve on the stakeholder a notice stating the amount of deductions in dispute and the amount not in dispute, if any. |
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| 5.7 | The Vendor must serve the notice referred to in clause 5.6 on the stakeholder and the Purchaser on the same day and at least one working day before the Final Payment Date. |
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| 5.8 | If a notice of deductions referred to in clause 5.4 is duly served on the stakeholder in accordance with clause 5.5, or a notice referred to in clause 5.6 is duly served on the stakeholder in accordance with clause 5.7, then the stakeholder shall be entitled to — |
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| (a) | pay to the Vendor on the relevant due date or within the period as provided in item 4(a) or 5(a)(i) of the Payment Schedule, as the case may be, the amount of stakeholding money due as specified therein less the amount of deductions duly notified by the Purchaser under clause 5.4; |
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| (b) | pay to the Purchaser the amount of deductions notified under clause 5.4, less the amount disputed by the Vendor under clause 5.6, either on the same day or 7 working days after the Vendor’s notice referred to in clause 5.6, whichever is the later; and |
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| (c) | subject to clause 5.10, retain the amount disputed by the Vendor, pending the settlement of the dispute regarding the amount of deductions from the Purchase Price which the Purchaser is entitled to make under this Agreement. |
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| 5.9 | The Purchaser shall pay all instalments or amounts of the Purchase Price which are to be paid to the Vendor under items 1 to 3 of the Payment Schedule by way of cheque or cashier’s order crossed “Account Payee only” drawn in favour of (name of project account opened with bank or finance company) or by telegraphic transfer to the aforesaid Project Account. |
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| 5.10 | All amounts payable to or by the Singapore Academy of Law under items 4 and 5 of the Payment Schedule must be paid in accordance with the relevant Rules made under the Singapore Academy of Law Act. |
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| 5.11 | The interest or other income derived from any part of the Purchase Price held by the Singapore Academy of Law as stakeholder shall accrue to the Singapore Academy of Law. |
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| 5.12 | Every notice referred to in items 2 and 3 of the Payment Schedule must be accompanied by a copy of the requisite certificate of the qualified person engaged by the Vendor. |
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| 5.13 | The certificate of the Vendor’s qualified person is conclusive of the fact that the works specified in the certificate have been completed, and the Purchaser must accept a copy of the certificate without further objection or enquiry. |
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| 5.14 | The Vendor need not give the notices referred to in item 2(d), (e) and (f) of the Payment Schedule in that order but may give them in any order. |
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| 5.15 | Time shall be of the essence of this Agreement where payment of instalments of the Purchase Price is concerned. |
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| 6. | Late Payment of Instalments |
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| 6.1 | If the Purchaser fails to pay any or any part of any instalment according to clause 5 (other than any instalment or any part thereof to be paid by the stakeholder), the Purchaser shall pay interest on the unpaid amount to the Vendor until — |
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| (a) | the unpaid amount is paid; or |
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| (b) | the expiration of the repudiation notice period under clause 7.2, |
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| 6.2 | Interest on the unpaid amount referred to in clause 6.1 shall commence on the day immediately after expiry of the relevant period or the due date for payment provided in clause 5. |
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| 6.3 | The interest referred to in clause 6.1 shall be calculated on a daily basis at the rate of 2% per annum above the Base Rate. |
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| 7. | Repudiation by Purchaser |
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| 7.1 | The Vendor has the right to treat this Agreement as having been repudiated by the Purchaser if any or any part of any instalment or amount of the Purchase Price (not being an instalment or amount to be paid by the stakeholder) and interest remains unpaid for more than 14 days after the expiry of the relevant period or the due date for payment of the instalment or amount. |
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| 7.2 | To treat this Agreement as repudiated, the Vendor must give to the Purchaser not less than 21 days’ notice in writing of the Vendor’s intention to treat this Agreement as having been repudiated by the Purchaser. |
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| 7.3 | This Agreement shall be treated as annulled after the notice period referred to in clause 7.2 has expired unless the unpaid instalments or amounts and interest are paid within the notice period. |
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| 7.4 | Once this Agreement is annulled, the Vendor has the right to — |
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| (a) | where vacant possession of the Unit has been delivered to the Purchaser, re‑enter upon and resume possession of the Unit and all interests therein; |
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| (b) | resell or otherwise dispose of the Unit as if this Agreement had not been entered into; |
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| (c) | recover from the instalments and amounts (excluding interest) previously paid by the Purchaser all interest, property tax, maintenance charges and other amounts owing and unpaid under this Agreement as at the date of annulment as well as all costs and expenses legal or otherwise incurred by the Vendor in relation to the recovery of possession of the Unit referred to in clause 7.4(a); |
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| (d) | forfeit and keep 20% of the Purchase Price from the instalments (excluding interest) previously paid by the Purchaser; and |
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| (e) | if the instalments (excluding interest) previously paid by the Purchaser are not sufficient to cover the amounts referred to in clause 7.4(c) and (d), claim and recover from the Purchaser any shortfall in such amounts together with all costs and expenses (including legal costs) incurred by the Vendor in relation to such claim. |
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| 7.5 | After deducting the amounts referred to in clause 7.4(c) and (d) from the instalments previously paid by the Purchaser and provided that the Purchaser shall have furnished to the Vendor evidence that all caveats or encumbrances registered or lodged against the Unit by the Purchaser or any person claiming through the Purchaser have been withdrawn or cancelled, the Vendor must refund the balance of those instalments not more than 21 days after one of the following dates, whichever is the later: |
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| (a) | the date this Agreement is annulled; or |
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| (b) | where vacant possession of the Unit has been delivered to the Purchaser, the date vacant possession of the Unit is returned to or recovered by the Vendor. |
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| | Upon such refund to the Purchaser, neither party shall have any further claim against each other. |
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| 7.6 | If the Vendor does not refund the balance of the instalments in accordance with clause 7.5, the Vendor shall pay interest on the unrefunded balance to the Purchaser until the unpaid balance is paid. |
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| 7.7 | The interest payable under clause 7.6 shall commence on — |
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| (a) | the 22nd day after the relevant date mentioned in clause 7.5(a) or (b) if the evidence of withdrawal or cancellation of the caveats or encumbrances mentioned in clause 7.5 is provided to the Vendor prior to the 22nd day; or |
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| (b) | the day immediately after such evidence of withdrawal or cancellation of caveats or encumbrances is provided to the Vendor if it is provided only on or after the 22nd day; |
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| | and such interest shall be calculated on a daily basis at the rate of 2% per annum above the Base Rate. |
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| 8. | Title and share value 2and share of contribution for 5limited common property |
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| 8.1 | The title to the land on which the Unit is to be built shall be properly deduced. |
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| 8.2 | The Purchaser may not ask for the delivery or production of deeds not in the Vendor’s possession nor may he raise any requisition on or objection to them. |
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| 8.3 | The share value allotted to the Unit in the schedule of strata units filed with and accepted by the Commissioner of Buildings under the Building Maintenance and Strata Management Act is as stated in item 9 of the Fourth Schedule. The Purchaser’s share of maintenance charges for the common property of the Housing Project shall be as stated in item 10 of the Fourth Schedule. |
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| 28.4 | Part of the common property of the Housing Project is designated as limited common property for the exclusive benefit of the Purchaser and purchasers of certain other units in the Housing Project. The Purchaser’s share of contribution to the expenses relating solely to such limited common property shall be as stated in item 11 of the Fourth Schedule. |
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| 9.1 | The Vendor must as soon as possible build the Unit, together with all common property of the Building and the Housing Project in a good and workmanlike manner according to the Specifications and the plans approved by the Commissioner of Building Control and other relevant authorities. |
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| Note: The words “the Building and” may be deleted in the case of a strata landed housing development when the definition of “Building” is deleted in clause 1.1.1. |
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| 9.2 | The Vendor shall at his own cost and expense — |
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| (a) | build the roads, driveways, drains, culverts and sewerage mains and (if any) gas mains serving the Unit and Housing Project according to the requirements and specifications of the Commissioner of Building Control and other relevant authorities; and |
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| (b) | lay all necessary water, electricity and sewerage mains and (if any) gas mains to serve the Unit and the Housing Project and cause the internal mains and the sanitary installations of the Unit to be connected to the water, electricity and sewerage mains and, if applicable, the gas mains of the various relevant authorities or the sewerage treatment plant of the Housing Project. |
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| 9.3 | The Vendor must obtain all the necessary consents and approvals of the Commissioner of Building Control and other relevant authorities for the construction of the Building and Housing Project, and must comply with all the requirements of the Commissioner of Building Control and other relevant authorities for the construction of the Unit. |
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| Note: The word “Building” may be replaced with the word “Unit” in the case of a strata landed housing development when the definition of “Building” is deleted in clause 1.1.1. |
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| 9.4 | The Vendor must at his own expense obtain the Subsidiary Strata Certificate of Title for the Unit in the Building except where the Registrar of Titles gives a direction that no Subsidiary Strata Certificate of Title will be issued for the units in the Building. |
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| Note 1: The words “in the Building” may be deleted in the case of a strata landed housing development when the definition of “Building” is deleted in clause 1.1.1. |
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| Note 2: The words “units in the Building” may be replaced with the word “Unit” in the case of a strata landed housing development when the definition of “Building” is deleted in clause 1.1.1. |
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| 9.5 | The Vendor must at his own expense obtain the approval of the Competent Authority under the Planning Act for the subdivision of the Housing Project, but any delay in obtaining the approval is not to be a ground for the Purchaser to delay any payment due under clause 5 or 6. |
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| 10. | Purchaser’s Obligations |
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| 10.1 | The Purchaser must pay for all turning on fees for the supply of water and electricity and gas (if any) to the Unit. |
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| 10.2 | Where the CSC has not been issued for the Unit, the Purchaser shall not, without the prior written consent of the Vendor, carry out or cause to be carried out any alterations or additions to the Unit which result in the Unit not having been constructed according to the plans and specifications approved by the Commissioner of Building Control. |
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| 11.1 | The Vendor must conduct or cause to be conducted all necessary title surveys relating to the subdivision of the Building and Housing Project and to the preparation of strata certified plans in respect of the Unit. |
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| Note: The words “Building and” may be deleted in the case of a strata landed housing development when the definition of “Building” is deleted in clause 1.1.1. |
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| 11.2 | The Vendor and Purchaser shall contribute in the following proportions to meet the expenses (exclusive of goods and services tax) for the title surveys and the preparation of strata certified plans referred to in clause 11.1: |
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| | A proportion of the balance 50% which is equal to the proportion the share value allotted to the Unit bears to the aggregate share value for the Housing Project. |
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| 11.3 | The registered land surveyor engaged by the Vendor to conduct the title surveys and to prepare the strata certified plans shall certify the amount of contribution payable by the Purchaser. The surveyor’s certificate shall be final and conclusive as to the amount of contribution payable by the Purchaser. |
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| 11.4 | The Purchaser shall on demand pay to the Vendor the amount of contribution certified under clause 11.3 and all goods and services tax charged by law on the supply of the surveyor’s services. |
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| 12. | Delivery of Possession |
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| 12.1 | The Vendor must deliver vacant possession of the Unit to the Purchaser within both of the following dates: |
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| (a) | no later than _______ (the Vacant Possession Date); |
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| (b) | no later than 21 days commencing after the date of receipt from the Purchaser of payment of the instalment referred to in item 3 of the Payment Schedule. |
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| 12.2 | Before delivering vacant possession of the Unit to the Purchaser, the Vendor must ensure that the Unit has been completed so as to be fit for occupation and must remove all surplus material and rubbish from the Unit, the Building and the Housing Project. |
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| Note: The words “, the Building” may be deleted in the case of a strata landed housing development when the definition of “Building” is deleted in clause 1.1.1. |
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| 12.3 | The Vendor must, upon delivery of vacant possession of the Unit to the Purchaser, also deliver the following to the Purchaser: |
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| (a) | a Notice of Vacant Possession in respect of the Unit (the Vendor must specify in the Notice of Vacant Possession, the date on which vacant possession of the Unit is delivered to the Purchaser); |
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| (b) | a Homeowner User Manual relating to the prefabricated bathroom unit provided in the Unit. |
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| Note: Sub-clause (b) may be deleted if regulation 13(2)(ab) of the Building Control (Buildability and Productivity) Regulations 2011 is not applicable to the Housing Project and clause 12.3 may be appropriately amended if sub-clause (b) is not required and deleted. |
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| 12.4 | The Vendor shall, subject to clauses 12.5 and 12.6, pay to the Purchaser liquidated damages if vacant possession of the Unit is delivered to the Purchaser after the date mentioned in clause 12.1(a) or (b). |
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| 12.5 | The Vendor shall not be liable to pay liquidated damages to the Purchaser under clause 12.4 if vacant possession of the Unit is delivered to the Purchaser within the 21 days referred to in clause 12.1(b) but after the Vacant Possession Date as provided in clause 12.1(a) if — |
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| (a) | the documents specified under item 3 of the Payment Schedule are given to the Purchaser at least 36 days before the Vacant Possession Date; and |
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| (b) | the Purchaser has not paid the instalment referred to in item 3 of the Payment Schedule within 14 days after receiving such documents as provided therein. |
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| 12.6 | The Vendor shall also not be liable to pay liquidated damages to the Purchaser under clause 12.4 for any period of delay in delivering vacant possession of the Unit after the date mentioned in clause 12.1(a) or (b) if the period of delay is due to any of the following: |
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| (a) | the Purchaser requests for or agrees to the delivery of vacant possession of the Unit to him at a later date; |
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| (b) | for any reason for which the Vendor is not responsible, the Purchaser does not take delivery of vacant possession of the Unit until a later date. |
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| 12.7 | Liquidated damages under clause 12.4 are to be calculated on a daily basis at the rate of 10% per annum on the total sum of all the instalments paid by the Purchaser towards the Purchase Price, and are payable commencing on the start date until vacant possession of the Unit is delivered to the Purchaser. |
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| 12.8 | For the purposes of clause 12.7, “start date” means — |
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| (a) | where clause 12.1(a) is breached, the date immediately after the Vacant Possession Date; |
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| (b) | where clause 12.1(b) is breached, the date immediately after the 21 days referred to therein; or |
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| (c) | where both clauses 12.1(a) and (b) are breached, the earlier of the dates referred to in paragraphs (a) and (b) of this clause. |
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| 12.9 | Any liquidated damages payable to the Purchaser under clause 12.4 may be deducted from any instalment of the Purchase Price due to the Vendor. |
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| 13.1 | The Purchaser shall pay to the Vendor maintenance charges for the maintenance of the common property and 5limited common property of the Housing Project and the provision of cleaning and other services starting on — |
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| (a) | the date the Vendor actually delivers vacant possession of the Unit to the Purchaser; or |
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| (b) | the 15th day after the Purchaser receives the documents specified under item 3 of the Payment Schedule, |
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| | whichever is the earlier. |
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| 13.2 | The amount of the maintenance charges payable shall be as approved by the Commissioner of Buildings. |
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| 13.3 | The Purchaser must also pay to the Vendor all goods and services tax charged by law on the supply of maintenance, cleaning and other services referred to in clause 13.1. |
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| 13.4 | The maintenance charges for the first 6 months and the goods and services tax in relation to those charges are to be paid in advance in one lump sum, and are subsequently to be paid quarterly in advance. |
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| 13.5 | The Purchaser shall continue to pay to the Vendor the maintenance charges and any goods and services tax relating to it until such time the management corporation of the Housing Project takes over from the Vendor the function of maintaining the Housing Project and the provision of cleaning and other services. |
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| 13.6 | If any part of the maintenance charges or goods and services tax is not paid at the end of 14 days after it is due, the Purchaser must then pay interest calculated on a daily basis at 2% per annum above the Base Rate on such unpaid amount until such time as it is paid. |
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| 14. | Changes from Specifications and Plans |
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| 14.1 | In the course of erecting the Unit, the Vendor shall ensure that — |
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| (a) | no change to the Specifications or approved plans for or relating to the Unit shall be made unless — |
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| (i) | they have been agreed to by the Purchaser and, where required, approved by the Commissioner of Building Control and other relevant authorities; or |
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| (ii) | they are required by the Commissioner of Building Control or other relevant authorities; and |
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| (b) | no substantive changes to the approved plans (including but not limited to substantive changes to location, size and dimensions) for or relating to main or key facilities, structures, buildings or areas comprised in the common property of the Housing Project (like guard house, bin centre, electrical substation, car park, carparking lots, swimming pool, children’s playground or area, tennis courts and courts or areas for other ball games, clubhouse or function room, barbeque pits or area, vehicular entrance and exit to the Housing Project or car park, etc.) and 5limited common property of the Housing Project shall be made — |
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| (A) | notice of the changes is given to all the purchasers of the sold units in the Housing Project, or in the case of 5limited common property, all the purchasers of the sold units given exclusive benefit to the limited common property as at the date of the notice; |
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| (B) | no objection in writing is received from any of the purchasers of these sold units within 21 days after the date of the notice; and |
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| (C) | the changes are, where required, approved by the Commissioner of Building Control and other relevant authorities; or |
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| (ii) | unless the changes are required by the Commissioner of Building Control or other relevant authorities. |
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| 14.2 | The Purchaser need not pay for the cost of any such changes. |
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| 14.3 | In the event that any such change involves the substitution or use of cheaper materials or an omission of any works or a reduction in the scale of works originally agreed to be carried out by the Vendor, the Purchaser shall be entitled to a corresponding reduction in the Purchase Price or to damages. |
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| 14.4 | Where any objection in writing to any substantive change to the approved plans for or relating to the common property or 5limited common property, as the case may be, is received from the Purchaser under clause 14.1(b)(i), the Vendor may give to the Purchaser not less than 21 days’ notice in writing of the Vendor’s intention to annul this Agreement. |
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| 14.5 | This Agreement shall be treated as annulled immediately after the notice period referred to in clause 14.4 expires unless the Purchaser notifies the Vendor in writing of the withdrawal of his objection before expiry of the notice period. |
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| 14.6 | Where the Purchaser notifies the Vendor of the withdrawal of his objection before expiry of the notice period referred to in clause 14.4, he shall be deemed not to have objected within the 21 days specified under clause 14.1(b)(i) to the substantive change to the approved plans for or relating to the common property or 5limited common property, as the case may be, with respect to which his objection is given. |
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| 14.7 | Once this Agreement is annulled, the Vendor shall refund (without interest) to the Purchaser all instalments of the Purchase Price (excluding interest thereon, if any) previously paid by the Purchaser and subject to clause 14.8, also pay (without interest) to the Purchaser the amount of ad valorem duty paid on the purchase of the Unit by the Purchaser under the Stamp Duties Act (Cap. 312) no later than 21 days after one of the following dates, whichever is the latest: |
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| (a) | the date this Agreement is annulled; |
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| (b) | the date on which evidence of the withdrawal or discharge of the last remaining caveat, mortgage, charge or other encumbrance lodged against the Unit by or on behalf of the Purchaser or any mortgagee, chargee or other encumbrancer of the Purchaser is given to the Vendor; or |
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| (c) | where vacant possession of the Unit has been delivered to the Purchaser, the date vacant possession of the Unit is returned to the Vendor. |
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| 14.8 | The Vendor shall not be required to pay to the Purchaser the ad valorem duty referred to in clause 14.7 (or any part thereof) if the Purchaser is entitled to a refund thereof under the provisions of the Stamp Duties (Aborted Sale and Purchase Agreements) (Remission) Rules 2005 (G.N. No. S 445/2005), or under any other written law. |
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| 14.9 | Upon the refund and payment by the Vendor under clause 14.7, neither party shall have further claims against the other and the Vendor shall have the right to resell or otherwise dispose of the Unit as if this Agreement had not been entered into. |
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| 14.10 | Notwithstanding clause 14.3, where any change to the Specifications and approved plans for or relating to the Unit is initiated and requested by the Purchaser and agreed by the Vendor, any reduction in the Purchase Price or the payment of any compensation or cost due to or arising from such change shall be agreed to by the Vendor and the Purchaser. |
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| 14.11 | The following shall not, by themselves, be treated as an objection to any substantive change in the approved plans for or relating to the common property or 5limited common property, as the case may be, entitling the Vendor to annul this Agreement under this clause: |
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| (a) | a dispute by a Purchaser as to whether the conditions set out in clause 14.1(b)(i) for making any substantive change to the approved plans have been satisfied; or |
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| (b) | a claim by a Purchaser to any reduction in Purchase Price or to damages under clause 14.3, or a dispute by the Purchaser as to the amount of such reduction in the Purchase Price or such damages. |
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| 15. | Certificate of Statutory Completion (CSC) |
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| 15.1 | The Vendor must at his own cost and expense do everything necessary to procure the issue of the CSC for the Unit, and must produce that CSC or a certified copy thereof to the Purchaser once it is issued. |
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| 15.2 | At any time after delivery of vacant possession of the Unit to the Purchaser but before the issue of the CSC for the Unit, the Vendor and his workmen or agents have the right to make such alterations and additions to the Unit as may be required by the Commissioner of Building Control, and the Purchaser agrees to grant them access to the Unit at reasonable times for that purpose. |
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| 15.3 | If the issue of a CSC in respect of the Unit is refused, withheld or delayed owing to any alteration or addition carried out or caused to be carried out by the Purchaser without the Vendor’s prior written consent, or some other act or omission by the Purchaser, the Vendor may by notice in writing require the Purchaser to take such measures within 30 days of that notice as are necessary to enable the Vendor to obtain the CSC. |
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| 15.4 | If the Purchaser does not comply with the Vendor’s notice under clause 15.3, the Vendor and his workmen or agents have the right to enter the Unit to make such necessary alterations and additions to the Unit as may be required by the Commissioner of Building Control, and to recover from the Purchaser the cost of the alterations and additions (including any goods and services tax payable thereon). |
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| 16.1 | The Vendor must give to the Purchaser a Notice to Complete requiring completion of the sale and purchase of the Unit in accordance with this clause no later than ___________ or 3 years after the date of delivery of vacant possession of the Unit, whichever is the earlier. |
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| 16.2 | Completion must take place 14 days after the Purchaser receives the Vendor’s Notice to Complete. |
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| 16.3 | The completion of the sale and purchase of the Unit shall take place at the office of the Vendor’s solicitors. |
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| 16.4 | On completion, the Vendor must execute a proper conveyance to the Purchaser of the Unit. The Vendor must also deliver to the Purchaser a duplicate Subsidiary Strata Certificate of Title for the Unit in the Building unless the Registrar of Titles has directed that no Subsidiary Strata Certificate of Title will be issued for the units in the same Building. The conveyance shall be prepared by and at the expense of the Purchaser. |
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| Note: The words “in the Building” may be deleted and the words “units in the same Building” may be replaced by the word “Unit” in the case of a strata landed development when the definition of “Building” is deleted in clause 1.1.1. |
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| 16.5 | If for any reason the Vendor does not give a Notice to Complete by the date specified in clause 16.1, the Vendor must pay to the Purchaser liquidated damages. |
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| 16.6 | Liquidated damages under clause 16.5 are to be calculated on a daily basis at the rate of 10% per annum on the total instalments paid by the Purchaser towards the Purchase Price, and shall commence on the date immediately after the date specified in clause 16.1 until the date the Notice to Complete is actually given to the Purchaser. |
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| 16.7 | Any liquidated damages payable to the Purchaser under clause 16.5 may be deducted from any instalment of the Purchase Price due to the Vendor. |
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| 16.8 | Notwithstanding completion of the purchase of the Unit, the terms of this Agreement which are not fulfilled shall remain in effect as between the Vendor and Purchaser. |
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| 17. | Defects Liability Period |
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| 17.1 | The Vendor must make good at his own cost and expense any defect in the Unit, the Housing Project, the common property or 5limited common property which becomes apparent within the defects liability period, namely, the period of 12 months after — |
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| (a) | the date the Vendor actually delivers vacant possession of the Unit to the Purchaser; or |
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| (b) | the 15th day after the Purchaser receives the documents specified under item 3 of the Payment Schedule, |
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| | whichever is the earlier. |
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| 17.2 | The Vendor must make good any such defect within one month of his receiving a notice from the Purchaser requiring the Vendor to make good such defect, failing which the Purchaser may notify the Vendor in writing of the following: |
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| (a) | the estimated cost of carrying out the rectification works as indicated in a quotation of the charges for those works from a building or renovation contractor; and |
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| (b) | the Purchaser’s intention to cause the rectification works to be done by his own workmen, agents or contractors if the Vendor fails to carry out those works within 14 days immediately after the date of the notice. |
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| 17.3 | The Purchaser’s notice referred to in clause 17.2 must be given to the Vendor together with a copy of the quotation of the building or renovation contractor referred to in clause 17.2(a). |
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| 17.4 | If the Vendor, after having been duly notified under clause 17.2, fails to carry out the rectification works to make good the defect within the specified time, the Purchaser has the right to cause the rectification works to be carried out and to recover from the Vendor the cost of those rectification works. The Purchaser may deduct the cost of those rectification works from the sum held by the Singapore Academy of Law as stakeholder for the Vendor for this purpose. |
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| 17.5 | This clause does not excuse the Vendor from his obligations under clause 15. |
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| 18. | Errors, omissions and misdescription |
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| 18.1 | On the execution of this Agreement, the Vendor shall furnish to the Purchaser a copy of a certificate issued by a registered land surveyor certifying that the area of the Unit is the area derived from the dimensions shown on the plans approved by the Commissioner of Building Control and other relevant authorities. |
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| 18.2 | Any error, omission or misdescription of the area of the Unit does not invalidate this Agreement nor does it give the Purchaser the right to be discharged from the purchase, but should any such error, omission or misdescription of the area be discovered on completion of the title survey as approved by the Chief Surveyor, the Purchaser has the right to an adjustment of the Purchase Price calculated in accordance with clause 18.3. |
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| 18.3 | Where, on completion of a title survey as approved by the Chief Surveyor, the area of the Unit is ascertained to be less than the area stated in this Agreement, the Purchase Price shall be reduced as follows: |
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| (a) | Not more than 3% of the area stated in this Agreement |
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| (b) | More than 3% of the area stated in this Agreement |
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| | | Reduction at the rate of the Unit Purchase Price for every square metre (or part thereof) of deficiency which is in excess of 3% of the area stated in this Agreement. |
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| | Any adjustment of the Purchase Price under this clause shall be made on Completion Date and may be deducted from any instalment of the Purchase Price due to the Vendor under item 4 or 5 of the Payment Schedule, as the case may be. |
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| 18.4 | The Vendor does not have the right to any adjustment in the Purchase Price if, on completion of the title survey as approved by the Chief Surveyor, it is discovered that the area of the Unit is more than the area stated in this Agreement. |
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| 19.1 | The Purchaser shall, starting on the date immediately after the date of receipt of the documents specified under item 3 of the Payment Schedule, be responsible for payment of all property tax and other outgoings levied in respect of the Unit, and must on demand reimburse the Vendor for all such property tax and outgoings which may have been paid by the Vendor for any period immediately after the said date. |
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| 19.2 | Where any property tax and other outgoings levied in respect of the Unit, for any period up to the date of receipt of the documents specified under item 3 of the Payment Schedule, have been paid by the Purchaser, the Vendor must on demand reimburse the Purchaser for all such property tax and outgoings apportioned up to (and including) that date. |
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| 19.3 | The Purchaser must pay to the Vendor all goods and services tax charged by law on the supply of any goods or services under this Agreement. |
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| 19.4 | The Purchaser must on demand pay to the Vendor goods and services tax either — |
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| (a) | within the time stated in this Agreement for the payment of such goods and services supplied; or |
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| (b) | in whatever manner required by law or by the Comptroller of Goods and Services Tax. |
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| 19.5 | If such goods and services tax remains unpaid when due, the Purchaser must pay interest (calculated on a daily basis at the rate of 2% per annum above the Base Rate) on the unpaid tax starting on the day after it becomes due until such time as it is paid. |
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| 20.1 | The Vendor and Purchaser agree that before they refer any dispute or difference relating to this Agreement to arbitration or court proceedings, they shall consider resolving the dispute or difference through mediation at the Singapore Mediation Centre in accordance with the prevailing prescribed forms, rules and procedure. |
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| 20.2 | For the avoidance of doubt, this clause shall not amount to a legal obligation on the part of either the Vendor or Purchaser to attempt mediation as a means of resolving their dispute or difference. |
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| 21. | Sub‑purchaser may exercise rights of Purchaser under clause 17 |
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| 21.1 | This clause applies where after the sale and purchase of the Unit is completed in accordance with clause 16, the Purchaser sells the Unit to a person (referred to in this clause as the “sub‑purchaser”). |
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| 21.2 | If on the date of transfer of title of the Unit by the Purchaser to the sub‑purchaser the defects liability period under clause 17 has not expired, the Vendor agrees that — |
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| (a) | the Vendor shall perform all its obligations under clause 17 as if the sub‑purchaser is the Purchaser; and |
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| (b) | the sub‑purchaser may exercise all rights under clause 17 as if the sub‑purchaser is the Purchaser. |
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| 21.3 | If the Vendor has received any notice from the Purchaser under clause 17.2 requiring the Vendor to make good any defect in the Unit, the Housing Project, the common property or 5limited common property and the Vendor has not made good the defect at the date of transfer of title of the Unit by the Purchaser to the sub‑purchaser, the Vendor agrees that — |
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| (a) | the Vendor shall perform all its obligations under clause 17 in respect of that defect as if the sub‑purchaser is the Purchaser; and |
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| (b) | the sub‑purchaser may exercise all rights under clause 17 in respect of that defect as if the sub‑purchaser is the Purchaser. |
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| 21.4 | Where the right to cause rectification works to be carried out and to recover from the Vendor the cost of those rectification works — |
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| (a) | is exercised by the Purchaser under clause 17.4 prior to the date of transfer of the title of the Unit by the Purchaser; or |
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| (b) | is exercised by a sub‑purchaser under clause 21.2 or 21.3, |
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| | the sub‑purchaser shall be entitled to the same extent as the Purchaser — |
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| (i) | to serve a notice of deductions from the Purchase Price under clause 5.4 on the stakeholder and Vendor; and |
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| (ii) | to be paid the amount of deductions under clause 5.8, including such amount of deductions notified under clause 5.4 by the Purchaser serving a notice of deductions on the stakeholder and Vendor, prior to the date of transfer of title of the Unit. |
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| 22. | Exclusion of Contracts (Rights of Third Parties) Act |
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| | Except and to the extent as provided in clause 21, a person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms. |
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| | Any of the following provisions (A to I) may, if applicable, be inserted in the Agreement and renumbered as 23A, 23B, 23C, etc., or as 23, 24, 25, etc., with the subsequent clause renumbered accordingly, if — |
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| (a) | the condition, restriction or requirement stated therein is imposed by any relevant competent authority in the grant of permission, approval or clearance for or in relation to the carrying out of the Housing Project; |
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| (b) | information on such condition, restriction or requirement is provided to the Purchaser prior to the Vendor accepting the Booking Fee from the purchaser for the grant of the Option to Purchase for the Unit pursuant to rule 10(4)(a) of, read with Form 3 of the First Schedule to, the Housing Developers Rules. |
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| A | 6Balconies, rooftops, reinforced concrete flat roofs, open trellises, reinforced concrete ledges, planter boxes and car parks |
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| | The Purchaser acknowledges that he is aware that — |
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| (a) | the balconies (if any) in the Unit cannot be converted for any other uses for any reason whatsoever unless prior written approvals of the relevant competent authority and the Vendor or the management corporation (when formed) are first obtained; |
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| (b) | no structures or uses (other than the use as approved by the relevant competent authority) are allowed on the rooftop of the Unit or Housing Project unless prior written approvals of the relevant competent authority and the Vendor or the management corporation (when formed) are first obtained; |
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| (c) | access to all reinforced concrete flat roofs in the Housing Project is prohibited save for maintenance purposes by the Vendor or the management corporation (when formed) or in times of emergency; |
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| (d) | the open trellises on the roof of the Unit or Housing Project are not to be enclosed or roofed over unless prior written approval of the relevant competent authority is first obtained; |
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| (e) | the areas below the open trellises on the roof of the Unit or Housing Project shall not be converted to usable space unless prior written approval of the relevant competent authority is first obtained; |
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| (f) | all reinforced concrete ledges (e.g. air‑conditioner ledges) in the Unit and Housing Project shall not be converted for any other uses unless prior written approval of the relevant competent authority is first obtained; |
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| (g) | the approved planter boxes in the Unit are not to be converted to balcony space unless prior written approvals of the relevant competent authority and the Vendor or the management corporation (when formed) are first obtained; and |
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| (h) | the open car parks in the Housing Project shall not be roofed over in any way unless prior written approval of the relevant competent authority is first obtained. |
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| | The Purchaser acknowledges that he is aware that the carparking lots in the Housing Project, regardless of whether they form part of the common property of the Housing Project or part of the Unit, are to be used solely for the purpose of carparking only and no other purposes (including the carrying out of car repair works) unless prior written approvals of the relevant competent authority and the Vendor or the management corporation (when formed) are first obtained. |
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| C | 6Landscaped Deck/Landscaped Communal Area/Sky Terrace |
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| | The Purchaser acknowledges that he is aware that the landscaped deck/landscaped communal area/sky terrace in the Housing Project shall be landscaped and kept for communal use only as shown in the plans approved under the Planning Act and shall not be enclosed or converted for other uses unless the prior written approvals of the relevant competent authority and the Vendor or the management corporation (when formed) are first obtained. |
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| D | 6External Staircase and Roof Terrace |
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| | The Purchaser acknowledges that he is aware that no enclosure, shelter, roof, cover or any structure whatsoever may be erected or constructed over or for any of the following within the Housing Project: |
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| (a) | the uncovered external staircases; |
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| (b) | the open roof terraces and other roof terraces. |
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| E | 6Roofing Over/Enclosing Private Enclosed Space, Open Terrace, Roof Garden and Balcony |
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| | The Purchaser acknowledges that he is aware that the private enclosed space(s) and/or open terrace(s) and/or roof garden(s) and/or balcony(ies) in the Unit (collectively known as the “Open‑Air Spaces”) (if any) are designed and intended to be open to the sky/Open‑Air Spaces and that the Purchaser shall therefore not be entitled to cause or require the Open‑Air Spaces (if any) to be roofed over or enclosed in any manner or form unless the prior written approvals of the relevant competent authority and the Vendor or the management corporation (when formed) are first obtained, nor shall he be entitled to raise objections to the fact that the Open‑Air Spaces (if any) is/are open to the sky. |
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| | The Purchaser acknowledges that he is aware that the tree planting strips in the Housing Project are and shall remain as part of the communal open space and cannot be fenced up and/or included as part of the Unit. |
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| | The Purchaser acknowledges that he is aware that no openings may be made along the common party walls unless the prior written approval of the relevant competent authority is first obtained. |
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| H | Restrictions on use and enjoyment pending formation of management corporation |
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| | The Purchaser agrees to comply with the restrictions specified in the Third Schedule starting on the date he takes possession of the Unit until the management corporation of the Housing Project takes over from the Vendor the functions of managing and maintaining the Housing Project. |
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| | 6Gondola supports/brackets and/or metal platforms (collectively known as “gondolas”) (if any and if applicable) may be provided at the 6external wall, planter, air‑conditioner ledge, roof terrace, balcony of some of the units in the 7Building/Housing Project for the installation of gondolas. |
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| | The Purchaser acknowledges that in respect of the Unit he shall allow access to and facilitate space for the Vendor or the management corporation (when it is formed) in relation to the matters mentioned in this clause for the purposes of carrying out cyclical maintenance, repair, upkeep and cleaning work to the building facade of the Housing Project. |
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| | This Agreement is governed by Singapore law. |
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| | SIGNED by or for the VENDOR |
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| | __________________________ |
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| | SIGNED by or for the PURCHASER |
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| | __________________________ |
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| SPECIFICATIONS 8OF THE BUILDING |
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| | State the type of foundation and material used (e.g. bore piles, precast concrete piles, steel H‑piles, tanalised timber piles or bakau piles). |
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| | State the type of materials used (e.g. reinforced concrete using Grade 30 concrete manufactured from Portland Cement complying with SS26 steel reinforcement bar complying with SS22). |
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| (a) | External Wall — State the material used; and |
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| (b) | Internal Wall — State the material used. |
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| (i) | state the roof covering material used; |
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| (ii) | state the type of insulation where provided; and |
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| (iii) | state the type of roof truss construction and the treatment provided; or |
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| | State concrete roof with appropriate waterproofing and insulation where provided. |
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| (a) | State the floor to ceiling height. If there are variations in the floor ceiling height in the different areas of the Unit, the various heights must be clearly stated; and |
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| (b) | State type and material of ceiling to be provided and location. |
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| (i) | state the type and extent of internal finishes (e.g. full height ceramic wall tiles for kitchen and bathrooms); and |
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| (ii) | state the type of external finishes (e.g. plaster/others to specify); and |
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| (i) | state the type and location of internal floor finishes (e.g. ceramic tiles for living room and parquet for bedrooms); and |
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| (ii) | state the type, location and extent of floor finishes of external areas. |
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| (a) | State the type and material of windows and location (e.g. sliding anodised aluminium framed window to living room); and |
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| (b) | State the type of glazing and minimum thickness (e.g. tinted glass). |
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| (a) | State the type and material of doors and location (e.g. plywood flush door to all bedrooms); |
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| (b) | State the type of glazing and minimum thickness (e.g. tinted glass); and |
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| (c) | State the make/brand or equivalent of locks to be provided. |
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| | State the type and location (e.g. vanity basin, one water closet, one longbath, one soap holder, one towel rail to the master bedroom). |
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| 10. | Electrical Installation |
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| (a) | State whether wiring is concealed; and |
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| (b) | State the type and number of lighting and power points. |
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| | | e.g. 15 amp power — 2 points |
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| 11. | 1TV/Cable Services/FM/Telephone points |
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| | State the number of 1TV/Cable Services/FM/Telephone points |
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| | | e.g. Telephone — 5 points |
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| | Lightning Protection System shall be provided in accordance with Singapore Standard CP. |
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| (a) | State whether paint is oil‑based or water‑based; and |
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| (b) | State whether it is internal or external. |
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| | Where provided specify as follows: |
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| (a) | Swimming Pool — Specify dimensions or estimated surface area; |
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| (b) | Tennis Courts — Specify number provided and type of surface finishings; |
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| (c) | Squash Courts — Specify number provided and type of surface finishings; |
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| | Where provided specify as follows: |
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| (a) | Kitchen Cabinets — Specify the type of cabinets and surface finishings provided; |
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| (b) | Bedroom Wardrobe — Specify the type of cabinets and their materials and surface finishings provided in each bedroom; |
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| (c) | Air‑conditioners — Specify the number and type provided and their locations; |
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| (d) | Others — To specify, e.g. gondola supports, brackets, metal platforms. |
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| (Note N must be inserted if prefabricated bathroom units are provided in the Housing Project. Any of remaining notes A to R may be inserted where applicable. Any item in notes A to R (except note N) which is not relevant to the Housing Project may be deleted.) |
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| A | Marble/Compressed Marble/Limestone/Granite/(Other natural stone materials — please specify) |
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| | Marble/compressed marble/limestone/granite/(other natural stone materials — please specify) are natural stone materials containing veins with tonality differences. There will be colour and markings caused by their complex mineral composition and incorporated impurities. While such materials can be pre‑selected before installation, this non‑conformity in the marble/compressed marble/limestone/granite/(other stone materials — please specify) as well as non‑uniformity between pieces cannot be totally avoided. Granite tiles are pre‑polished before laying and care has been taken for their installation. However, granite, being a much harder material than marble, cannot be re‑polished after installation. Hence, some differences may be felt at the joints. 2Subject to clause 14.3, the tonality and pattern of the marble, limestone or granite selected and installed shall be subject to availability. |
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| | Timber strips are natural materials containing veins and tonal differences. Thus, it is not possible to achieve total consistency of colour and grain in their selection and installation. Timber strips are also subject to thermal expansion and contraction beyond the control of the builder and the Vendor. Natural timber that is used outdoors will become bleached due to sunlight and rain. Thus, the cycle of maintenance on staining will need to be increased as required. Notwithstanding this note, the Vendor shall remain fully responsible for the performance of its obligations under clauses 9 and 17. |
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| | To ensure good working condition of the air‑conditioning system, the system has to be maintained and cleaned on a regular basis by the Purchaser. This includes the cleaning of filters, clearing of condensate pipes and charging of gas. The Purchaser is advised to engage his own contractor to service the air‑conditioning system regularly. |
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| D | Television and/or Internet Access |
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| | The Purchaser is liable to pay annual fee, subscription fee and such other fees to the television and/or internet service providers or any other relevant party or any relevant authorities. The Vendor is not responsible to make arrangements with any of the said parties for the service connection for their respective channels and/or internet access. |
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| E | Materials, Fittings, Equipment, Finishes, Installations and Appliances |
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| | Subject to clause 14.3, the brand, colour and model as specified for all materials, fittings, equipment, finishes, installations and appliances to be supplied shall be provided subject to the Architect’s selection and market availability. |
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| F | Layout/Location of Fan Coil Units, Electrical Points, Television Points, Telecommunication Points, Audio Intercom System, Door Swing Positions and Plaster Ceiling Boards |
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| | Layout/Location of fan coil units, electrical points, television points, telecommunication points, audio intercom system, door swing positions and plaster ceiling boards are subject to the Architect’s final decision and design. |
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| | Where warranties are given by the manufacturers and/or contractors and/or suppliers of any of the equipment and/or appliances installed by the Vendor at the Unit, the Vendor will assign to the Purchaser such warranties at the time when vacant possession of the Unit is delivered to the Purchaser. Notwithstanding this assignment, the Vendor shall remain fully responsible for the performance of its obligations under clauses 9 and 17. |
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| H | Web Portal of the Housing Project |
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| | The Purchaser will have to pay annual fee, subscription fee or any such fee to the service provider of the Web Portal of the Housing Project as may be appointed by the Vendor or the Management Corporation when it is formed. |
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| | The false ceiling space provision allows for the optimal function and installation of M&E services. Access panels are allocated for ease of maintenance access to concealed M&E equipment for regular cleaning purposes. Where removal of equipment is needed, ceiling works will be required. Location of false ceiling is subject to the Architect’s sole discretion and final design. |
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| | Glass is manufactured material that is not 100% pure. Invisible nickel sulphide impurities may cause spontaneous glass breakage, which may occur in all glass by all manufacturers. The Purchaser is recommended to take up home insurance covering glass breakage to cover this possible event. Notwithstanding this note, the Vendor shall remain fully responsible for the performance of its obligations under clauses 9 and 17. |
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| Note: | Developers who insert this note are required to disclose the contents of this note to Purchasers before the issue of the Option to Purchase. |
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| | Laminated flooring is manufactured material which contains tonality differences to match natural wood finish. Thus, it is not possible to achieve total consistency of colour and grain in its selection and installation. Laminated floors are installed in modular planks and are subject to thermal expansion and contraction beyond the control of the builder and the Vendor. Notwithstanding this note, the Vendor shall remain fully responsible for the performance of its obligations under clauses 9 and 17. |
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| L | Mechanical Ventilation System |
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| | Mechanical ventilation fans and ductings are provided to toilets which are not naturally ventilated. |
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| | To ensure good working condition of the mechanical ventilation system, the mechanical ventilation system for the exhaust system within internal toilets (where applicable) is to be maintained by the Purchaser on a regular basis. |
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| M | Mechanised Carparking System |
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| | The mechanised carparking system has to be maintained regularly by the specialist to ensure that it is in good and proper working condition. |
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| N | Prefabricated Bathroom Units |
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| | Certain bathroom and W.C. may be prefabricated construction and all penetrations are sealed at manufacturer’s factory prior to installation on site. Any subsequent penetrations are not recommended as they will compromise the waterproofing warranty. |
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| Note: | Developers who insert this note are required to disclose the contents of this note to Purchasers before the issue of the Option to Purchase. |
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| | Planters are designed to take the loading of potted plants only. No soil material or turf/plants will be provided in the planters. |
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| | All wall finishes shall be terminated at false ceiling level. There will be no tiles/stone works behind 1kitchen cabinets/longbath/vanity cabinet/mirror. |
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| Q | Dimmable Switches with Remote Control |
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| | The 1living/dining room and master bedroom will be provided with dimmable switches for selected lighting points, which are suitable only for incandescent and halogen bulbs up to a maximum of ___ watts (please fill in accordingly). The Purchaser will have to make his own arrangements for modification if other types of lights are used. |
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| | The Vendor shall endeavour to procure a service provider for cable television 1and/or internet services (the “Cable Services”) to provide the necessary cabling or connection from its network to the 2Unit/Building and/or the Housing Project (or any part or parts thereof), so as to enable the 2Unit/Building and/or the Housing Project to receive the Cable Services. In the event, despite reasonable efforts being made by the Vendor, the Vendor is unable to procure any service provider to provide the said cabling or connection, thereby resulting in there being no Cable Services available in the 2Unit/Building and/or the Housing Project, the Vendor shall not be liable to the Purchaser for any compensation or for any damages, costs, fees, expenses or losses whatsoever, or howsoever incurred, by virtue of the Purchaser being unable to obtain the Cable Services in the 2Unit/Building and/or the Housing Project. |
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| GENERAL DESCRIPTION OF HOUSING PROJECT |
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| | Details of 9building specifications: |
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| | Types of residential and commercial units located in the Housing Project: |
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| | Total number of units in each class: |
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| | Description of common property: |
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| | 10Description of limited common property which the Purchaser is entitled to the benefit of: |
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| | 10Description and particulars of units the purchasers of which are entitled to the exclusive benefit of the limited common property: |
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| | 11Total number of carparking spaces: |
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| | Description of carparking spaces: (Specify the type and number of parking spaces, e.g. the number of surface parking lots, basement parking lots, mechanical parking lots or handicapped lots. For mechanical parking lots, specify the maximum dimensions of the vehicles which may use the mechanical parking lots.) |
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| | Purpose of Housing Project and restrictions as to use: |
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| AMENDMENTS TO THE SALE AND PURCHASE AGREEMENT |
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| The terms of this Agreement shall be amended as follows: |
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| RESTRICTIONS ON USE AND ENJOYMENT |
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| (a) | allow the Vendor and its agents, servants or employees at all reasonable times and on reasonable notice being given to the Purchaser (except in case of emergency when no notice is required) to enter the Unit together with or without equipment and by means of but not limited to gondolas or any other equipment for the purposes of — |
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| (i) | maintaining, repairing or renewing sewers, pipes, wires, cables and ducts used or capable of being used in connection with the enjoyment of any other unit in the 13Building or Housing Project or the common property; |
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| (ii) | maintaining, repairing or renewing the common property and 5limited common property including but not limited to trellises (if any); and |
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| (iii) | executing any work or doing any act reasonably necessary for or in connection with the performance or the enforcement of the stipulations contained in this Schedule; |
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| (b) | without delay carry out all works directed by any competent authority in respect of the Unit other than such works for the benefit of the 13Building or Housing Project generally, and pay all assessments, charges and outgoings which are payable in respect of the Unit; |
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| (c) | repair and maintain the Unit and keep it in a state of good repair (reasonable wear and tear and damage by fire, storm, tempest or act of God excepted); and |
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| (d) | use and enjoy the Unit and the common property and 5limited common property in such a manner as not to interfere unreasonably with the use and enjoyment thereof by other purchasers, their families, permitted tenants or visitors. |
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| 2. | The Purchaser shall not — |
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| (a) | use the Unit or permit it to be used for any purpose (illegal or otherwise) which may be injurious to the reputation of the 13Building or Housing Project; |
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| (b) | use the Unit or permit it to be used in such a manner or for such a purpose as to cause a nuisance or danger to any other purchaser or the family, permitted tenants or visitors of such other purchaser; |
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| (c) | use the Unit for any purpose contrary to the terms of use of that Unit shown in the plans approved by the competent authority pursuant to the Planning Act; |
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| (d) | store or use as fuel in the Unit any substance or material which may give rise to smoke, fumes or obnoxious odours; |
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| (e) | throw or allow to fall any refuse, rubbish, objects or any other things of any description on the common property or 5limited common property or any part thereof except in refuse bins or in refuse chutes provided in the 13Building or Housing Project; |
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| (f) | throw or allow any objects to fall onto any neighbouring railway line or railway area; |
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| (g) | use the tennis courts for any games or purposes other than for tennis; |
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| (h) | keep any animal in the Unit or the common property or 5limited common property which may cause annoyance to any other purchaser or the family, permitted tenants or visitors of such other purchaser; |
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| (i) | obstruct or permit the obstruction of any walkway, pavement, entrance, ball court, corridor, lobby, stairway, fire escape, road or any other area of the common property or 5limited common property; |
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| (j) | affix or erect any shade, blind, aerial, awning, grill, exhaust fan or the like to any window, balcony or exterior area of the Unit without the prior written approval of the Vendor or which is not in accordance with the design and specifications of the Vendor; |
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| (k) | install any television, radio or other antenna on the roof of the 13Building or any building in the Housing Project or any part of the common property or 5limited common property; |
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| (l) | where the Unit has a roof terrace, erect or cause or suffer to be erected any structure on the roof terrace; |
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| (m) | park vehicles or permit vehicles to be parked or to remain stationary at any place except such place(s) designated by the Vendor or carry out any major repair work to any vehicle within the 13Building or Housing Project; |
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| (n) | hold any funeral service and/or wake within the 13Building or Housing Project except in the 1Purchaser’s Unit/at areas designated by the Vendor and in accordance with any specific rules or requirements set down by the Vendor; |
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| (o) | mark, paint, drive nails or screws or the like into, or otherwise damage or deface any structure that forms part of the common property or 5limited common property without the approval in writing of the Vendor; |
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| (p) | affix or erect any shade, blind, awning, grill or other covering or enclosure or the like to any part of the common property or 5limited common property of the 13Building or Housing Project without the prior written approvals of the Vendor and the relevant competent authority; |
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| (q) | erect or cause or suffer to be erected any structure, fixture or feature in, on or over the Unit which will obstruct or otherwise hinder any of the purposes set out in clause 1(a) of this Schedule; |
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| (r) | hang or dry or permit the hanging or drying of any clothes, linen, washing and such like articles except in areas specially provided for in and upon the Unit; |
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| (s) | plant or place or cause to be placed potted plant(s) or other objects on any part of the common property or 5limited common property or on any balcony/window ledge which may pose a danger to any person in the 13Building or Housing Project or any passer‑by below the Unit; |
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| (t) | make or permit to be made any repair, alteration or renovation works to the household shelter installed in the Unit which weakens or damages the household shelter; |
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| (u) | insert or deliver any junk mail to letter boxes in the 13Building or Housing Project; |
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| (v) | at any time carry out the following: |
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| (i) | alterations to any window installed on the external walls; |
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| (ii) | alterations or additions to any balcony of the Unit; |
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| (iii) | any work that affects the external facade of the Unit or 13Building; and |
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| (iv) | any change to any fire rated door within the Unit, unless approved by the Vendor and the relevant competent authorities; |
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| (w) | paint any balcony or exterior area of the Unit unless the colour of such paint is first approved by the Vendor; and |
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| (x) | use the recreational facilities for any games or purposes other than those that the facilities are specially intended for. |
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| PROVIDED ALWAYS THAT nothing herein contained shall impose or be deemed to impose on the Vendor any obligation to enforce or effectuate the aforesaid restrictive or other covenants or any of them against the Purchaser, his successors, assignees and personal representatives. |
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| | Name: ____________________________ |
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| | NRIC/Passport/Company Registration No.: _______________ |
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| | Address: __________________________ |
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| 2. | Booking Fee: S$ __________ |
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| | The Building means the building known or to be known as ____________ and forming part of the Housing Project 1built/to be built/being built by the Vendor on part of the land in the District of _______________ in the Republic of Singapore, being part of Government Resurvey Lot _____ of 1Mukim/Town Subdivision _____ forming part of the land contained in 1Statutory Land Grant No. _______/State Lease No. ___________. |
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| 4. | Purchase Price: S$ __________ |
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| 6. | Purchaser’s solicitors: |
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| | Name: ____________________________ |
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| | Address: __________________________ |
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| | The 1flat/condominium unit in the Housing Project known or to be known as _________________ (address) ______________, situated on the
________ storey of the Building and having an estimated area of ___ square metres (including areas of balcony, air‑conditioner ledge, planter box, private enclosed space and void area wherever applicable15 which form part of the Unit, as shown in the registered land surveyor’s certificate on strata area); |
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| | (applicable for strata landed housing development and to be used in place of the term “Building”) |
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| | The 1strata detached/strata semi‑detached/strata terrace house in the Housing Project known or to be known as __________________ (address) _________________ and having an estimated area of _____ square metres (including areas of balcony, air‑conditioner ledge, planter box, private enclosed space and void area wherever applicable2 which form part of the Unit as shown in the registered land surveyor’s certificate on strata area), 1built/to be built/being built by the Vendor on part of the land in the District of ______ in the Republic of Singapore being part of Government Resurvey Lot _____of 1Mukim/Town Subdivision _____ and forming part of the land contained in 1Statutory Land Grant No.___________/State Lease No.____________. |
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| 8. | Unit Purchase Price: S$ _____ per square metre. |
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| 9. | Share Value allotted to the Unit: ___ |
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| 10. | Share of maintenance charges for the common property of the Housing Project: |
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| 211. | Share of contribution to expenses relating solely to the limited common property: |
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| REBATE, REIMBURSEMENT, ALLOWANCE, DISCOUNT, PAYMENT, VOUCHER AND OTHER BENEFIT FOR PURCHASER |
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| (To set out the nature or type, amount or value, and terms and conditions of all the rebates, reimbursements, allowances, discounts, payments, vouchers or other benefits (whether monetary or otherwise) which the Vendor agrees to give to the Purchaser for or in relation to or conditional upon the sale and purchase of the Unit.) |
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| _____________________________ |
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| 1 | Delete whichever is inapplicable. |
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| 2 | Delete if not applicable. |
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| 3 | The reference to “Fifth Schedule” may be deleted if no rebate, reimbursement, allowance, discount, payment, voucher or other benefit (whether monetary or otherwise) is provided to the Purchaser. The clause may be appropriately amended if the reference to “Fifth Schedule” is not required and deleted. |
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| 4 | Clause 4.2 may be deleted and the clause number “4.1” may be omitted if no rebate, reimbursement, allowance, discount, payment, voucher or other benefit (whether monetary or otherwise) is provided to the Purchaser. |
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| 5 | The reference to “limited common property” may be deleted if not required and clause 8.4 may be deleted if the reference to “limited common property” is deleted. |
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| 5 | The reference to “limited common property” in this clause may be deleted if not required and this clause may be appropriately amended if the reference to “limited common property” is deleted. |
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| 5 | Note: The reference to “limited common property” in this clause may be deleted if not required and this clause may be appropriately amended if the reference to “limited common property” is deleted. |
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| 6 | Any of the above facilities may be deleted if not applicable. Reference to other similar facilities may, if applicable, be inserted. |
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| 7 | The word “Building” may be deleted in the case of strata landed housing development when the definition of “Building” is deleted in clause 1.1.1. |
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| 8 | The words “OF THE BUILDING” may be deleted in the case of strata landed housing development when the definition of “Building” is deleted in clause 1.1.1. |
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| 9 | The word “building” may be deleted in the case of a strata landed housing development when the definition of “Building” is deleted in clause 1.1.1. |
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| 10 | Applicable if any common property of the Housing Project is designated as limited common property. |
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| 11 | Applicable if the number of carparking spaces is less than the number of units in the Housing Project. |
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| 12 | Any item in the Schedule which is not relevant to a particular project may be omitted and the other items may be renumbered accordingly. |
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| 13 | The reference to “Building” may be deleted if it is not applicable and consequential amendment may be made to the item. |
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| 14 | The heading “Fourth Schedule” may be labelled in other manner so that it runs alphabetically or numerically with other schedules or attachments to the Agreement. The references to this schedule in the Sale and Purchase Agreement may also be amended accordingly. |
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| 15 | Any of the above spaces may be deleted if not applicable. Reference to other spaces forming part of the strata area of the Unit may, if applicable, be inserted. |
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| 16 | The Fifth Schedule may be deleted if no rebate, reimbursement, allowance, discount, payment, voucher or other benefit (whether monetary or otherwise) is provided to the Purchaser. |
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