Singapore legislation
Regulation 4
of Housing and Development (Polling for Upgrading Works) Rules
Regulation 4
Owners of flats, etc.
Subregulation 1
Subject to paragraphs (2) and (3), in relation to any flat within a precinct which is sold by the Board, any person who, immediately before the commencement of a primary poll relating to the precinct, is —
the most recent purchaser, jointly or otherwise, of a leasehold interest in the flat; or (b)the most recent purchaser, jointly or otherwise, under an agreement for a lease, shall, for the purposes of these Rules, be the owner of the flat within the precinct and shall be entered in the register as such.
Subregulation 2
Notwithstanding paragraph (1), the following persons shall not be the owner or owners of any flat for the purposes of these Rules and shall not be entitled to be registered as such: (a)any sole purchaser of a flat who is neither a citizen of Singapore nor a Singapore corporation; (b)the joint purchasers of a flat, all of whom are neither citizens of Singapore nor Singapore corporations; (c)any body corporate which is declared under section 57 of the Act to be entitled to purchase a flat; and (d)any sole purchaser or joint purchasers of a residential flat which is the subject of an agreement entered into under the Lease Buyback Scheme.
Subregulation 3
For the avoidance of doubt, where only one of the most recent joint purchasers of a flat is either a citizen of Singapore or a Singapore corporation, all the joint purchasers shall be the owners of the flat for the purposes of these Rules and shall be entitled to be registered as such.
Subregulation 4
Where the owner of a flat is deceased and representation has been taken out at any time before the commencement of the primary poll, the personal representative of the deceased owner shall, for the purposes of these Rules, be entitled to have his name entered in the register as owner of the flat instead of the deceased owner.
Subregulation 5
Where an owner of a flat is of unsound mind or his person or estate is liable to be dealt with in any way under the law relating to mental disorders, his committee or such other person who properly has the management of his estate shall be entered in the register as the owner of the flat.
Subregulation 6
Where immediately before the commencement of the primary poll any flat within a precinct is rented out by the Board or is the subject of an agreement entered into under the Lease Buyback Scheme, the Board shall, for the purposes of these Rules, be the owner of that flat and shall be entered in the register as such.
Subregulation 7
Where immediately before the commencement of the primary poll any flat within a precinct is neither sold nor rented out by the Board, the Board shall, for the purposes of these Rules, be the owner of that flat and shall be entered in the register as such.
Subregulation 8
This rule shall apply to any special poll as if —
all references in this rule to a primary poll relating to a precinct shall be read as references to a special poll relating to special upgrading works in a building or for 2 or more buildings, as the case may be, within a precinct; (b)all references in this rule to a flat shall be read as references to a beneficiary flat in relation to those special upgrading works; and (c)all references in this rule to the register shall be read as a reference to the special register for those special upgrading works.
Subregulation 9
This rule shall also apply to any flat upgrading poll as if —
all references in this rule to a primary poll relating to a precinct shall be read as references to a flat upgrading poll relating to flat upgrading works within flats comprised in a building in the precinct or within any building in the precinct; and (b)all references in this rule to the register shall be read as a reference to the flat upgrading works register for those flat upgrading works.