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Singapore legislation

Regulation 3

of Executive Condominium Housing Scheme (Exemption) Order 1996

Regulation 3

Exemption from section 5(1)(a) of Act

Subregulation 1

A person is exempt from section 5(1)(a) of the Act, in relation to his or her purchase of any housing accommodation under the executive condominium scheme if any of the conditions in sub‑paragraph (2) applies to the flat, house, building or land (mentioned in section 5(1)(a) of the Act) that the person or his or her spouse owned or purchased, or had an estate or interest in (called in this paragraph the existing property).

Subregulation 2

The conditions mentioned in sub‑paragraph (1) are as follows:

(a)

the existing property is a temporary building or structure —

(i)

constructed of short‑lived materials; or

(ii)

permitted to be used by the relevant authority for a period not exceeding 36 months,that is constructed on land in which the person and his or her spouse do not have any estate or interest;

(b)

the existing property is held by the person or his or her spouse as a trustee with no beneficial interest in the existing property;

(c)

the existing property is public housing accommodation which the owner —

(i)

has obtained preliminary permission from the Board to sell;

(ii)

undertakes to sell or divest himself or herself of any interest in, within 6 months after the date of taking possession of the housing accommodation under the executive condominium scheme; and

(iii)

sells or divests himself or herself of the interest in, within 6 months after the date of taking possession of the housing accommodation under the executive condominium scheme;

(d)

the existing property is a non‑residential property and at all times during the relevant period, the person and his or her spouse do not own or have an estate or interest in more than one non‑residential property.

Subregulation 3

In sub‑paragraph (2), “relevant period”, in relation to the purchase of any housing accommodation under the executive condominium scheme, means the period —

(a)

starting on the date 30 months before the date of making an application to purchase the housing accommodation; and

(b)

ending on the date of issue of the temporary occupation permit in respect of the housing accommodation,both dates inclusive.