Singapore legislation
Section 22
Section 22
Rules
(1)
The Minister may make rules for or in respect of every purpose which he or she considers necessary for carrying out the provisions of this Act and for the prescribing of any matter which is authorised or required under this Act to be prescribed.
(2)
Without limiting subsection (1), the Minister may by rules provide for —
the regulation of the advertisements of a licensed housing developer;
[Deleted by Act 15 of 2013](c)the payments by the purchaser before and during the construction of the house, flat or other housing accommodation, including —
the amount of the maximum initial deposit that may be accepted from a purchaser before an agreement to purchase land or for the construction of a house, flat or other housing accommodation is signed, or on signing the agreement, and the conditions that must be satisfied before a licensed housing developer may sign such an agreement with a purchaser;
the stage of construction at which each instalment becomes payable and the percentage in relation to the total cost of the house that is payable in respect of each instalment;
the requirements to be fulfilled before a licensed housing developer can require a purchaser to pay an instalment which is due; and
the amount of the purchase price, expressed as a percentage of the total price which the purchaser is not required to pay before the certificate of statutory completion is issued;
(ca)the disclosure in any contract that is to be used by a licensed housing developer, the licensed housing developer’s agent or nominee and a purchaser of any limited common property comprised in the development;
the form or forms of the contract that must be used by a licensed housing developer, the licensed housing developer’s agent or nominee and a purchaser as a condition of the grant of a licence under this Act;
the conditions, which if used in any contract between a licensed housing developer, the licensed housing developer’s agent or nominee and a purchaser, are void;
the fees and charges to be paid for any matter or thing to be done for the purposes of this Act;
the regulation of the Project Account including —
prescribing moneys which must be paid into a Project Account; and
prescribing moneys which may be withdrawn from a Project Account and the conditions for such withdrawal;
the regulation of show units for the purpose of ensuring that any information about or depiction of any house, flat or other housing accommodation offered for sale is accurate, including but not limited to —
requiring a licensed housing developer or any class of licensed housing developers to erect, set up or display a show unit or such type of show units as may be prescribed; (ii)prescribing matters, for compliance by a licensed housing developer or any class of licensed housing developers, relating to the erection, furnishing, decoration, setting up or display of a show unit and its contents, including but not limited to its size, dimensions, boundaries, structures, installations, articles, materials and finishes, features, facilities, fittings and appliances; and
requiring a licensed housing developer or any class of licensed housing developers to give visitors to a show unit any information, permissions and facilities that may be prescribed;
the requirements relating to any information, map, plan, model or sample of any material that a licensed housing developer or any class of licensed housing developers may display or provide to any purchaser or prospective purchaser in relation to any house, flat or other housing accommodation offered for sale;
the regulation of the manner in which any house, flat or other housing accommodation is marketed or promoted, or the sale thereof is carried out, by a licensed housing developer or any class of licensed housing developers;
the regulation of the collection or receipt by a licensed housing developer of any cheque or other form of payment in respect of the sale or prospective sale of any house, flat or other housing accommodation; (l)the publication (in any form and manner that the Controller may specify) by a licensed housing developer of the purchase price and any other particulars that may be prescribed relating to an option to purchase or the sale of a house, flat or other housing accommodation; and
the regulation of any benefit (in the form of payment, rebate, reimbursement, allowance, discount, voucher or other benefit (whether monetary or otherwise)) that a licensed housing developer (or the licensed housing developer’s agent or nominee) may give or agree to give to a purchaser or an intending purchaser in relation to or conditional upon the sale of any house, flat or other housing accommodation including —
requiring the disclosure of such benefit (including its amount or monetary value) in a contract between the licensed housing developer (or the licensed housing developer’s agent or nominee) and the purchaser or intending purchaser;
requiring the publication (in any form and manner that the Controller may specify) by the licensed housing developer of the amount or monetary value of such benefit; and
prescribing the manner of determining the monetary value of such benefit.
(3)
Rules made under this section —
may prescribe that any act or omission in contravention of any rules is an offence;
may provide for the imposition of penalties not exceeding a fine of $5,000 or imprisonment for a term of 3 years or both; and
may provide that in addition to such fine or imprisonment or fine and imprisonment, the penalty may extend to the cancellation or suspension of a licence.
(4)
The Minister may, instead of making any rules prescribing the forms which by this Act are required to be or may be prescribed, authorise the Controller to prescribe any forms that the Controller thinks fit.
(5)
All rules made under this section must be published in the Gazette and must be presented to Parliament as soon as possible after publication.