Singapore legislation
Section 8
Section 8
Controller may issue directions when developer has not sought direction of Registrar under section 16 of Land Titles Act, etc.
(1)
Where a developer has sold any commercial property and has not —
sought the direction of the Registrar of Titles under section 16 of the Land Titles Act (Cap. 157, 1985 Revised Edition) or complied with the direction;
applied for the grant of subdivision permission under section 14 of the Planning Act 1998 or complied with the requirements of the competent authority necessary for the purpose of obtaining written permission for such strata subdivision;
employed any registered surveyor who has in force a practising certificate to carry out the necessary surveys and prepare the necessary plans for submission to the Chief Surveyor to enable a subsidiary strata certificate of title to be issued for the commercial property, or has failed to cause amendments to these plans to be made as required by the Chief Surveyor;
in the case where the Registrar of Titles has directed under section 16 of the Land Titles Act (Cap. 157, 1985 Revised Edition) that the land on which the commercial property is built be brought under the provisions of the Land Titles Act (Cap. 157, 1985 Revised Edition), obtained a subsidiary strata certificate of title for the property under the provisions of the Land Titles (Strata) Act 1967;
discharged any mortgage (whether legal or equitable) or charge on the land of which the commercial property forms part so as to enable the developer to fulfill the developer’s obligation as vendor to complete the sale and purchase of the commercial property; or
executed and delivered to the purchaser an assurance of the commercial property sold on or before the date fixed for completion of the sale as agreed between the developer and the purchaser,the Controller may, in his or her discretion, issue directions in writing to the developer to take such steps or action as the Controller may specify within such time or times as the Controller may appoint.
(2)
Any person who refuses or fails to comply with any direction of the Controller given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both and to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
(3)
Any exercise of the powers conferred upon the Controller by subsection (1) does not prejudice the right of the purchaser to claim liquidated damages for the developer’s failure to complete the sale of any commercial property on or before the date appointed for the completion of the sale of the property.
(4)
For the purposes of this section —
Definition
“developer” means any person who has obtained the approval of the competent authority to develop any land pursuant to the Planning Act 1998 and includes the person’s executors and administrators, successors‑in‑title or assigns;
Definition
“purchaser” includes a sub‑purchaser.
(5)
The powers conferred upon the Controller under this section may be exercised with respect to any commercial property sold by a developer at any time before 20 July 1979.