Residential Property Act 1976 · 2020 Revised Edition · Part 3 · Approval to Purchase, Acquire or Retain Residential Property
25B. Penalty for contravening condition mentioned in section 25(7)(a)
Feedback & supportLast amended by an amending law of 2010.
Where an approved purchaser, by lease or agreement, grants to another the right to occupy any residential property (other than non‑restricted residential property) in contravention of any condition mentioned in section 25(7)(a), the Controller may, by written notice, require the approved purchaser to pay, within a specified period, a financial penalty of such amount (as the Controller thinks fit) not exceeding the highest of one of the following amounts:
approved purchaser
“approved purchaser” means —(a)a Singapore company;(b)a Singapore limited liability partnership;(c)a Singapore society;(d)a foreign person to whom approval has been granted under section 25, 30 or 31;(e)any person, company, limited liability partnership, society, association or other organisation or body who or which has been exempted by the Minister under section 32; or(f)any body, corporate or otherwise, declared by the Minister by notification in the Gazette to be a public authority or an instrumentality or agency of the Government;
$10,000;
3 times the amount of rental payable and collected —
in any case where the lease or agreement was made before 17 January 2011 — during the period of contravention falling on or after that date; or
in any other case — during the period of contravention; or
3 times the assessed rental reasonably expected to be collected for that residential property —
in any case where the lease or agreement was made before 17 January 2011 — during the period of contravention falling on or after that date; or
in any other case — during the period of contravention.
The quantum of the financial penalty referred to in subsection (1) must take into account any security provided by the approved purchaser under section 25(7)(b) and which has been forfeited under section 25(7A) in respect of the same contravention of any condition mentioned in section 25(7)(a).
Where an approved purchaser is a company or a limited liability partnership, and the Controller is of the opinion that the failure of the approved purchaser to comply with any condition mentioned in section 25(7)(a) was committed with the consent or connivance of, or was attributable to any neglect on the part of, any person who is a director of the company or a partner of the limited liability partnership (as the case may be), the Controller must, together with the notice under subsection (1) to the approved purchaser, inform the person concerned of the Controller’s opinion, and that person is then jointly and severally liable with the company or limited liability partnership to pay the financial penalty imposed under subsection (1).
limited liability partnership
“limited liability partnership” means any limited liability partnership, whether registered in Singapore under the Limited Liability Partnerships Act 2005 or otherwise;
Any financial penalty payable by any approved purchaser or other person under subsection (1) or (3) is recoverable by the Controller as a debt due to the Controller from that approved purchaser or other person.
Controller
“Controller” means the Controller of Residential Property and includes a Deputy and an Assistant Controller of Residential Property appointed under section 29;
In this section, “assessed rental”, in relation to any residential property, means the market rental for that residential property as assessed by an independent valuer appointed by the Controller.
residential property
“residential property” includes —(a)any vacant land upon which no building or other structure exists or any land upon which exists any building or other structure which is constructed or used contrary to any written law;(b)any house, building or other premises or any part thereof which is permitted to be used pursuant to the Planning Act 1998 or any other written law as a dwelling house or which is lawfully so used;(c)any land zoned for residential purposes in the Master Plan; and(d)such other land or building, in whatever manner zoned in the Master Plan, as the Minister may, by notification in the Gazette, declare to be residential property for the purposes of this Act,but does not include —(e)any land, whether or not vacant, which is zoned for industrial or commercial purposes or both such purposes in the Master Plan or which is permitted to be used pursuant to the Planning Act 1998 or any other written law solely for industrial or commercial purposes or both such purposes;(f)any house, building or other premises, or any part thereof, which is permitted to be used pursuant to the Planning Act 1998 or any other written law solely for industrial or commercial purposes or both such purposes or which is lawfully so used;(g)any hotel registered under the provisions of the Hotels Act 1954; and(h)such other land or building, in whatever manner zoned in the Master Plan, as the Minister may, by notification in the Gazette, declare to be industrial, commercial or non‑residential property for the purposes of this Act;