Singapore legislation
Clause 4
Clause 4
Housing development to be carried out only by a licensed housing developer
(1)
Housing development shall not be carried out or undertaken in Singapore except by a housing developer which is in possession of a licence in writing from the Controller authorising it to do so.
(2)
A housing developer which desires to carry out or undertake housing development in Singapore may apply to the Controller in the prescribed form for a licence and shall supply —
if a company, the copy of the memorandum of association and articles of association or other instrument under which the company is incorporated;
if a group of persons or a partnership, the copy of any agreement between such persons or the partnership agreement, as the case may be;
if a society, the rules or by-laws of the society;
a copy of the latest balance-sheet of the partnership, society or company or, in the case of a person or group of persons, the balance-sheet, if any, relating to any housing development undertaken by such person or group of persons; and
such other information as may be called for by the Controller.
(3)
Any copy of a memorandum, articles of association, agreement, partnership agreement, rules or by-laws of a society or balance-sheet which is supplied to the Controller, under the provisions of subsection (2) of this section shall be duly verified by a statutory declaration in the case of an application by a —
company, by a senior officer of the company;
partnership, by a partner;
society, by the president or the secretary or person holding a position analogous to that of president or secretary; and
person or group of persons, by such person or by any person in the group of persons.
(4)
Upon receiving an application under the provisions of subsection (2) of this section, the Controller may, subject to the provisions of section 5 of this Ordinance, grant a licence, with or without conditions, or refuse a licence.
(5)
The Controller may at any time vary or revoke any existing conditions of a licence or impose conditions or additional conditions:Provided that the Controller shall, prior to any such action, notify his intention to take such action against the housing developer concerned and shall give the housing developer an opportunity to submit reasons or an explanation in writing why its licence should not be so amended.
(6)
Where a licence is subject to conditions the housing developer concerned shall comply with the conditions of the licence.
(7)
Any housing developer which contravenes the provisions of subsection (1) of this section shall be guilty of an offence under this Ordinance and shall be liable on conviction to imprisonment for a term not exceeding five years and shall also be liable to a fine not exceeding twenty thousand dollars.
(8)
Any housing developer which fails to comply with any condition of its licence shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding twenty thousand dollars.
(9)
Any housing developer which is aggrieved by a decision of the Controller under the provisions of subsection (4) or (5) of this section may, within ten days of its being notified of such decision, appeal to the Minister whose decision thereon shall be final.