Singapore legislation
Section 4
Section 4
Flats in buildings and condominiums
(1)
Subject to this section, this Act does not apply to any transfer to or any purchase or acquisition by any foreign person of any estate or interest in any of the following residential properties:
any flat (including any share in land appurtenant to that flat) that is comprised in any building in a development permitted to be used under the Planning Act 1998 for residential purposes, and that is not a landed dwelling house;
any unit comprised in a development which is shown in an approved plan bearing the title “condominium” and issued by the competent authority under the Planning Act 1998;
any unit in a development comprising housing accommodation sold under the executive condominium scheme established under the Executive Condominium Housing Scheme Act 1996.
(2)
Despite subsection (1) but subject to subsection (7), a foreign person must not, without the prior approval of the Minister, purchase or acquire (whether in a single transaction or a series of transactions) —
all the flats in every building in a development permitted to be used for residential purposes under the Planning Act 1998;
all the units in a development approved by the competent authority under the Planning Act 1998 as a condominium development; or
all the units in a development sold under the executive condominium scheme established under the Executive Condominium Housing Scheme Act 1996.
(3)
Any foreign person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000.
(4)
Where a foreign person is convicted of an offence under subsection (3) in respect of any development, the Minister may direct the Controller to serve a notice on that person to divest and transfer, within a period of 6 months from the date of service of the notice on that person or within any extension of time granted by the Minister under subsection (5), all the foreign person’s estate or interest in the entire development, or any flat or unit in that development as the Minister may specify to another person who is not —
the foreign person’s nominee; or
if the foreign person is a company, a related company within the meaning of the Companies Act 1967.
(5)
The Minister may, on an application being made by a foreign person before the expiry of the period of 6 months from the date of service of the notice mentioned in subsection (4), grant such extension of time as the Minister thinks fit for the transfer of the foreign person’s estate or interest in the development or any flat or unit therein.
(6)
Any foreign person who fails to comply with the Controller’s notice mentioned in subsection (4) shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $100,000; and
in respect of a continuing contravention, to an additional fine not exceeding $500 for every day or part of a day the contravention continues,and if the contravention continues after the conviction, the foreign person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction.
(6A)
For the purposes of subsection (6), where —
an act or thing is required or directed to be done within a particular period specified in subsection (4) or any extension thereof granted under subsection (5);
the failure to do that act or thing within the period or extension mentioned in paragraph (a) constitutes an offence; and
that act or thing is not done within the period or extension mentioned in paragraph (a),the obligation to do that act or thing continues, notwithstanding that that period or extension has expired, until that act or thing is done; and a person shall be guilty of a separate offence in respect of each day (including the day of a conviction for any such offence or any later day) or part of a day during which the person continues to refuse or fail to comply with that requirement or direction.
(6B)
The court is to, in respect of any defendant charged with committing any offence under subsection (6) —
take into account any confiscation order made under section 4A before imposing any fine on the defendant; and
subject to paragraph (a), leave the confiscation order out of account in determining the appropriate sentence or other manner of dealing with the defendant.
(7)
Nothing in subsection (2) prevents a foreign person from acquiring any estate or interest in any development under any agreement, lease or assignment for a term not exceeding 7 years, inclusive of any further term which may be granted by way of an option for renewal.
(8)
Without prejudice to subsection (6), where a foreign person on whom a notice under subsection (4) has been served fails to satisfy the Controller that the foreign person has divested and transferred the foreign person’s estate or interest in the development concerned or any flat or unit therein within the time limited by subsection (4) or any extension thereof, the Minister may issue to the Controller a notice to attach and sell the estate or interest in the development or any flat or unit therein.
(9)
The notice to attach and sell mentioned in subsection (8) must specify the estate or interest in the development or any flat or unit therein to be attached and sold by the Controller, and a copy of that notice must also be served on —
the foreign person who is the owner of the estate or interest in the development or any flat or unit therein to be attached and sold; and
each subsisting mortgagee or chargee thereof (if any) who appears as such in the relevant records in the Land Titles Registry or the Registry of Deeds of the Authority, as the case may be.
(10)
In this section —
Definition
“approved plan” means a plan approved by the relevant competent authority;
Definition
“competent authority” means a competent authority appointed under the Planning Act 1998;
Definition
“landed dwelling house” means a detached house, a semi‑detached house or a terrace house (including a linked house or a townhouse), whether or not comprised within a strata title plan registered under the Land Titles (Strata) Act 1967;
Definition
“unit” includes a flat or dwelling house.