Singapore legislation
Section 82
Section 82
Recovery of improvement contribution from sale of flat
(1)
Where any improvement contribution payable in respect of any flat to the Board under section 78 remains unpaid on the expiry of the period of 3 months after the Board has served on the owner of the flat a written demand of such contribution under section 80(1), the improvement contribution (including any interest and penalty thereon) constitutes a charge on the flat on the expiry of that period in favour of the Board.
(2)
Upon the constitution of the charge on a flat under subsection (1), the Board has the power of sale and all other powers relating or incidental thereto to sell and effectually transfer the title to the flat to any purchaser as if the Board is a registered mortgagee even though the charge is not registered under the Land Titles Act 1993.
(3)
Any charge on a flat constituted under subsection (1) is subject to all encumbrances registered or notified prior to the date of the constitution of the charge and to all moneys due to the Board or the Central Provident Fund Board before and after the date of the constitution of the charge under the lease of the flat.
(4)
Subject to subsection (5), the Board may, by notice of sale to be served or published in the prescribed manner —
declare its intention of selling, on the expiry of the period of 3 months from the date of the notice of sale, any flat which is subject to a charge constituted under subsection (1); and
if on the expiry of that period, any improvement contribution (including any interest and penalty thereon) or any part thereof has not been paid or satisfied, sell the flat.
(5)
The Board must not proceed under subsection (4) to sell any flat in respect of which any improvement contribution (including any interest and penalty thereon) or any part thereof is due if there is upon the flat and liable to be seized and sold by the Board by writ of seizure and sale any movable property belonging to the owner of the flat of a value estimated by the Board to be sufficient to realise the sum required to satisfy the unpaid improvement contribution.
(6)
Where the Board has sold any flat under subsection (4), neither the purchaser of the flat nor the Registrar of Titles need be concerned to inquire into the regularity or validity of the sale or transfer.
(7)
For the purpose of registration of a transfer of any flat sold under subsection (4), the Registrar of Titles may dispense with the production of the duplicate lease of the flat or the duplicate subsidiary certificate of title in respect of the flat, as the case may be.
(8)
The moneys received by the Board in exercise of its power of sale under subsection (4), after discharge of the prior encumbrances and the payment of moneys due to the Board specified in subsection (3) and all charges of any Town Council constituted under section 66 of the Town Councils Act 1988, must be held by it in trust to be applied —
firstly, in payment of all costs and expenses properly incurred by it as incidental to the sale or any attempted sale, or otherwise;
secondly, in discharge of the improvement contribution and interest and penalty accrued and due to the Board at the date of the sale;
thirdly, in discharge of the conservancy and service charges and interest accrued and due to a Town Council at the date of sale;
fourthly, in payment of subsequent mortgages and charges (if any) in the order of their priority; and
the residue of such moneys so received must be paid to the person who appears from the land-register kept under the Land Titles Act 1993 to be entitled to the flat sold or to be authorised to give receipts for the proceeds of the sale of the flat.
(9)
Any charge on a flat constituted under subsection (1) —
continues in force until all the improvement contribution (including any interest and penalty thereon) secured by the charge have been paid; and
upon payment of the improvement contribution (including any interest and penalty thereon) and any necessary incidental expenses to the Board before it has exercised its powers of sale under subsection (4), is discharged, and the owner of the flat is entitled to a certificate of discharge executed and acknowledged by the Board as to the receipt of the payment.[65H