Singapore legislation

Clause 2

of Housing and Development (Amendment) Bill

Clause 2

New sections 48A and 48B

The Housing and Development Act is amended by inserting, immediately after section 48, the following sections:“Board to be discharged from certain restrictive covenant48A.—

(1)

Notwithstanding the provisions of any written law and any lease of a flat comprised in a designated building, the Board shall be discharged from the covenant in that lease requiring the Board to grant a lease of any other flat comprised in the designated building subject to restrictions or prohibitions as to the use of that other flat —

(a)

for any trade, business, manufacture or commercial purpose; or

(b)

which would impede the reasonable use of that other flat for any commercial purpose.(2) No proceedings shall be instituted in any court by any person entitled (whether before or after the commencement of the Housing and Development (Amendment) Act 1992) to the benefit of the covenant referred to in subsection (1) to recover any loss or disadvantage suffered by that person in consequence of the discharge of that covenant.(3) For the purposes of subsection (1), “designated building” means a building comprising any flat sold by the Board before 15th January 1992 and declared by the Minister, by notification in the Gazette, to be a designated building.Execution of sale and other instruments by Board on behalf of certain purchasers of flats48B.—

(1)

Where —

(a)

a flat is sold by the Board to any person under this Part or a loan is granted by the Board to any person under section 13(d); and

(b)

the person has failed, refused or neglected to execute any instrument relating to the sale or mortgage of the flat required for registration under the Land Titles Act (Cap. 157) or the Registration of Deeds Act (Cap. 269) after the Board has sent a notice requiring him to execute the instrument,the Board may execute the instrument on behalf of the person; and the Board shall be deemed to be the duly appointed attorney of that person for the purpose of effectuating any sale or mortgage of the flat under the instrument that is required to be registered under the Land Titles Act (Cap. 157) or the Registration of Deeds Act.(2) The execution of any instrument under subsection (1) by the Board on behalf of the lessee, assignee or mortgagor of any flat comprised in the instrument shall be deemed to have been properly effected and the Registrar of Titles, the Registrar of Deeds and any purchaser of the flat shall not be concerned to enquire into the regularity or validity of the instrument in so far as it affects the Board’s execution of the instrument in its representative capacity under this section.”.