Singapore legislation

Section 33

of Residential Property Act 1976

Section 33

Savings

Amended by34/20174/2021

Nothing in this Act —

(a)

affects any transfer of, or any written agreement to transfer, any estate or interest in —

(i)

any residential property made and stamped in accordance with the provisions of the Stamp Duties Act 1929 at any time before 11 September 1973; or

(ii)

any HUDC flat made and stamped in accordance with the provisions of the Stamp Duties Act 1929 before 31 May 1982, if the transfer or the agreement to transfer is not made in contravention of any covenant or condition contained in the instrument of lease issued by the Housing and Urban Development Company (Private) Limited in respect of the HUDC flat;

(b)

prohibits the mortgage, charge or reconveyance of any estate or interest in any residential property to a foreign person;

(c)

affects any transfer of any estate or interest in any residential property to a foreign person appointed to be an additional or new trustee of a trust existing on 11 September 1973;

(ca)affects any transfer of any estate or interest in any residential property to a foreign company (which is also a trust company licensed under the Trust Companies Act 2005) to hold on trust for a citizen or an approved purchaser;

(cb)affects any transfer of any estate or interest in any residential property to the Official Assignee;

(d)

prevents a foreign person from occupying residential property as a tenant thereof or from entering into any agreement, whether in writing or otherwise, with the landlord thereof for the occupation of residential property, or from acquiring any estate or interest under any agreement, lease or deed of assignment: Provided that in every such case no term in any such agreement, lease or deed of assignment may exceed a period of 7 years at any one time, inclusive of any further term which may be granted by way of an option for renewal;

(e)

prohibits the purchase or acquisition by a foreign person of any estate or interest in any residential property by way of tender or otherwise from the Urban Redevelopment Authority constituted under the Urban Redevelopment Authority Act 1989 or from any other person or body that is duly appointed as an agent of the Government in the sale of any estate or interest in any residential property;

(f)

prohibits the purchase or acquisition by any foreign person of an estate or interest in any residential property directly from —

(i)

the Housing and Development Board under Part 4 of the Housing and Development Act 1959 before or after 1 October 1982; or

(ii)

an approved developer under Part 4B of the Housing and Development Act 1959;

(g)

prevents the transfer to any foreign person of an estate or interest in any residential property sold under Part 4 or 4B of the Housing and Development Act 1959 in any case where —

(i)

the prior written consent of the Housing and Development Board has been obtained; and

(ii)

no instrument has been registered in respect of that residential property under section 126 of the Land Titles (Strata) Act 1967; or

(h)

applies to any direct purchase or acquisition on or after 11 September 1973 by any foreign person from the Government of any estate or interest in any residential property other than by a regrant of State title on or after that date to a foreign company upon the surrender of any estate or interest in residential property existing before that date.

Section 33 — Residential Property Act 1976 | laws.sg