Housing and Development Act 1959 · 2020 Revised Edition · Part 4 · Sale of Flats, Houses or Other Buildings
56. Flat, house or other building not to be sold, mortgaged, etc., without consent of Board
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No flat, house or other building which has been sold by the Board under the provisions of this Part may be sold, leased, mortgaged or disposed of without the prior written consent of the Board.
flat
“flat” means a horizontal stratum of any building or part thereof, whether the stratum or part is on one or more levels or is partially or wholly below the surface of the ground;
Where any assignment, mortgage, transfer, charge or lease of any such flat, house or other building which is executed by or on behalf of the owner thereof without the prior written consent of the Board is registered under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993, the Board may, by an instrument lodged with the Registrar of Deeds or the Registrar of Titles (as the case may be), declare the assignment, mortgage, transfer, charge or lease to be void.
transfer
“transfer” means a conveyance, sale, purchase, assignment, legal or equitable mortgage, charge, surrender or disposal in any manner of any estate or interest in a flat and includes a discharge of a mortgage, a reconveyance or the devolution of the rights of a deceased owner of a flat to another person;
The Registrar of Deeds or the Registrar of Titles (as the case may be) must register the instrument without being concerned to inquire into its regularity or validity, and upon registration of the instrument must cancel the registration of any such assignment, mortgage, transfer, charge or lease.
Any assignment, mortgage, transfer, charge or lease by an owner of a flat, house or other building sold subject to the provisions of this Part which would not be void but for this section, is deemed to be valid for the purposes of any legal proceedings instituted by the Board under sections 62 and 63.[50
owner
“owner”, in relation to any property sold by the Board, includes a person who has purchased a leasehold interest in the property and also includes a purchaser under an agreement for a lease.