Singapore legislation
Section 4
Section 4
Housing development to be carried out only by licensed housing developer
(1)
No housing development may be carried out or undertaken in Singapore except by a housing developer who or which is in possession of a written licence from the Controller authorising it to do so.
(2)
Subject to subsection (4), a housing developer that desires to carry out or undertake housing development in Singapore may apply to the Controller, in the form and manner that the Controller may specify, for a licence and must provide —
if a company — a copy of the memorandum of association and articles of association or other instrument under which the company is incorporated;
if a group of persons or a partnership — a copy of any agreement between those persons or the partnership agreement, as the case may be;
if a society — the rules or by-laws of the society;
if a limited liability partnership — a copy of its limited liability partnership agreement or, in the absence of such agreement in writing, any other document which sets out the mutual rights and duties of the partners of the limited liability partnership;
a copy of the latest audited accounts of the partnership, society, company or limited liability partnership or, in the case of a person or group of persons, the audited accounts (if any) relating to any housing development undertaken by the person or group of persons; and
any other information that the Controller may require.
(3)
Any copy of any memorandum, articles of association, agreement, partnership agreement, limited liability partnership agreement or other document to that effect, rules or by-laws of a society or audited accounts which is provided to the Controller under subsection (2) must be duly verified by a statutory declaration by the following person:
in the case of a company — by a senior officer of the company;
in the case of a partnership — by a partner;
in the case of a society — by the president or the secretary or person holding a position analogous to that of president or secretary;
in the case of a person or group of persons — by that person or by any person in the group of persons;
in the case of a limited liability partnership — by its manager.
(4)
The Controller may, on the request of a housing developer applying for a licence under subsection (2), modify or waive the requirement for the provision of any document or information mentioned in that subsection subject to any conditions that the Controller may impose.
(5)
Upon receiving an application under subsection (2), the Controller may, subject to section 5 —
grant a licence, unconditionally or subject to any conditions that the Controller considers fit for carrying out the purposes of this Act; or (b)refuse to grant a licence.
(6)
The Controller may at any time vary or revoke any existing conditions of a licence or impose conditions or additional conditions:Provided that —
the Controller must, prior to any such action, notify his or her intention to take such action against the housing developer concerned and must give the housing developer an opportunity to submit reasons or an explanation in writing why its licence should not be so amended;
any variation of the conditions, or additional conditions imposed, in exercise of the powers under this subsection, does not have retrospective effect.
(7)
Where a licence is subject to conditions, the housing developer concerned must comply with the conditions of the licence.
(8)
Any housing developer that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and shall also be liable to imprisonment for a term not exceeding 5 years.
(9)
Any housing developer that fails to comply with any condition of its licence shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both.
(10)
Any housing developer that is aggrieved by a decision of the Controller under subsection (5) or (6) may, within 10 days after it is notified of the decision, appeal to the Minister whose decision is final.