21B. Charge on HDB flats to secure repayment of withdrawals from Fund

to make full or partial payment towards the purchase or acquisition of an HDB flat;

to repay or to make periodic payments towards the repayment of any loan taken by the member to finance or re‑finance the purchase or acquisition of an HDB flat;

to pay —

any improvement contribution due to the Housing and Development Board in respect of upgrading works carried out under Part 4A of the Housing and Development Act 1959 or to a Town Council in respect of lift upgrading works carried out under Part 4A of the Town Councils Act 1988;

any interest imposed by the Housing and Development Board or the Town Council (as the case may be) on the improvement contribution referred to in sub‑paragraph (i), where the improvement contribution is paid in instalments; and

any costs, fees or other incidental expenses arising from such works; or

to pay any costs, fees or other expenses incurred —

for the purchase or acquisition of an HDB flat;

to change the manner of holding of an HDB flat from a joint tenancy to a tenancy in common, or vice versa;

for the transfer of any part (but not the whole) of the member’s estate or interest in an HDB flat to any other person;

for obtaining a loan to finance or re‑finance any purchase or acquisition referred to in sub‑paragraph (i); and

in connection with withdrawals of any money from the Fund,a charge is constituted, immediately upon any such withdrawal, on that HDB flat to secure the repayment, in the prescribed circumstances, of the money withdrawn from the Fund including the whole or such part, as the Board may determine, of the interest that would have been payable thereon if the withdrawal had not been made.

subject to all statutory rights and charges of any public authority over the HDB flat;

subject to any subsidy recovery amount in respect of the HDB flat;

subject to any resale levy imposed by the Housing and Development Board in respect of the HDB flat except where the person on whom the resale levy is imposed has obtained a loan, whether redeemed or not, from any person other than the Housing and Development Board to finance the purchase or acquisition of the HDB flat;

subject to, in the absence of any agreement giving priority to the Board, all encumbrances registered or notified prior to the date of the constitution of the charge; and

subject to, rank in priority to, or rank equally without preference with, such other encumbrances as may be specified in regulations made under section 77(1).

moneys secured by any charge constituted on an HDB flat under subsection (1) become due and payable to the Board under any regulations made under section 77(1); and

such moneys or any part thereof is not paid on the expiry of the period of 60 days from the date they become due and payable,the Board may, with the prior written approval of the Housing and Development Board, by notice of sale (to be served or published in the manner to be specified in regulations made under section 77(1)) declare its intention of selling the HDB flat.

to discharge all statutory rights and charges of any public authority over the HDB flat;

to pay any subsidy recovery amount in respect of the HDB flat;

to pay any resale levy imposed by the Housing and Development Board in respect of the HDB flat, subject to the exception mentioned in subsection (3)(b);

in the absence of any agreement giving priority to the Board, to discharge all encumbrances registered or notified prior to the date of the constitution of the charge;

in payment of all costs and expenses properly incurred by the Board as incident to the sale or attempted sale, or otherwise;

in payment to the Board of all moneys secured by the charge and in payment to any other party of all moneys to discharge any encumbrance specified in regulations made under section 77(1) for the purpose of subsection (3)(d), in the order of priority specified in the regulations; (f)in payment of moneys in the order of priority specified in regulations made under section 77(1).

have been repaid to the Fund; or

are no longer required by any regulations made under section 77(1) to be repaid to the Fund.

any HDB flat in respect of which a charge in favour of the Board has been registered or notified in the appropriate register maintained by the Registrar under the Land Titles Act 1993;

any HDB flat designated by the Housing and Development Board as an HUDC Phase III or IV flat; or

any HDB flat or class of HDB flats which the Minister may, by notification in the Gazette, specify.