/akn/sg/act/sub_leg/1959/HDA-R5

Housing and Development (Penalties for Late Payment) Rules

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Type
Subsidiary Legislation
Status
In force
Enacted
1959
Sections
7

Quick answer

About this subsidiary legislation

Housing and Development (Penalties for Late Payment) Rules is Singapore Subsidiary Legislation, cited as Subsidiary Legislation HDA-R5 1959, currently marked in force and first recorded in 1959.

Regulation 1

Citation

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These Rules may be cited as the Housing and Development (Penalties for Late Payment) Rules.

Regulation 2

Definitions

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Amended byS 700/2023 wef 01/11/2023S 215/2008 wef 01/05/2008S 215/2008 wef 01/05/2008S 186/2007 wef 01/05/2007S 700/2023 wef 01/11/2023S 700/2023 wef 01/11/2023

In these Rules, unless the context otherwise requires —“3-month compounded SORA”, in relation to a period, means —

(a)

if the period or a part of the period falls within the 6‑month period beginning on 1 April of a calendar year, then, in relation to the period or the part (as the case may be) — the compounded average of the SORA values for the 3-month period immediately before 1 March of the same calendar year, as determined and published by the Monetary Authority of Singapore on its website at http://www.mas.gov.sg or (where the website is unavailable to the public) in one or more other forms that are readily accessible by the public; or

(b)

if the period or a part of the period falls within the 6‑month period beginning on 1 October of a calendar year, then, in relation to the period or the part (as the case may be) — the compounded average of the SORA values for the 3-month period immediately before 1 September of the same calendar year, as determined and published by the Monetary Authority of Singapore on its website at http://www.mas.gov.sg or (where the website is unavailable to the public) in one or more other forms that are readily accessible by the public;“agreement” includes any tenancy agreement, licence agreement, agreement for lease or lease, or loan agreement or mortgage entered into between the Board and any tenant, licensee, lessee or owner;“amount” means any instalment, rent, licence fee or maintenance fee under an agreement;“grace period”, in relation to any instalment, rent, licence fee or maintenance fee in arrears, means the period —

(a)

starting on the date the amount first falls in arrears; and (b)ending on the last day of the month in which that date falls;“instalment” means any monthly instalment repayment due to the Board under any loan provided by the Board to an owner for his purchase of any flat, house or other living accommodation sold by the Board;“maintenance fee” means the service and conservancy charge payable to the Board by any tenant, licensee, lessee or owner in respect of any property sold, leased or otherwise provided by the Board under the Act;“National Environment Agency” means the National Environment Agency established under the National Environment Agency Act (Cap. 195);“rent” includes the annual ground rent;“Singapore Overnight Rate Average” or “SORA” means the volume-weighted average rate of borrowing transactions in the unsecured overnight interbank Singapore dollar cash market in Singapore between 8 a.m. and 6.15 p.m., as determined and published by the Monetary Authority of Singapore on its website at http://www.mas.gov.sg or (where the website is unavailable to the public) in one or more other forms that are readily accessible by the public.

Definition

“3-month compounded SORA”, in relation to a period, means —

(a)

if the period or a part of the period falls within the 6‑month period beginning on 1 April of a calendar year, then, in relation to the period or the part (as the case may be) — the compounded average of the SORA values for the 3-month period immediately before 1 March of the same calendar year, as determined and published by the Monetary Authority of Singapore on its website at http://www.mas.gov.sg or (where the website is unavailable to the public) in one or more other forms that are readily accessible by the public; or

(b)

if the period or a part of the period falls within the 6‑month period beginning on 1 October of a calendar year, then, in relation to the period or the part (as the case may be) — the compounded average of the SORA values for the 3-month period immediately before 1 September of the same calendar year, as determined and published by the Monetary Authority of Singapore on its website at http://www.mas.gov.sg or (where the website is unavailable to the public) in one or more other forms that are readily accessible by the public;

Amended byS 700/2023 wef 01/11/2023
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Definition

“agreement” includes any tenancy agreement, licence agreement, agreement for lease or lease, or loan agreement or mortgage entered into between the Board and any tenant, licensee, lessee or owner;

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Definition

“amount” means any instalment, rent, licence fee or maintenance fee under an agreement;

Amended byS 215/2008 wef 01/05/2008
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Definition

“grace period”, in relation to any instalment, rent, licence fee or maintenance fee in arrears, means the period —

(a)

starting on the date the amount first falls in arrears; and (b)ending on the last day of the month in which that date falls;

Amended byS 215/2008 wef 01/05/2008
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Definition

“instalment” means any monthly instalment repayment due to the Board under any loan provided by the Board to an owner for his purchase of any flat, house or other living accommodation sold by the Board;

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Definition

“maintenance fee” means the service and conservancy charge payable to the Board by any tenant, licensee, lessee or owner in respect of any property sold, leased or otherwise provided by the Board under the Act;

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Definition

“National Environment Agency” means the National Environment Agency established under the National Environment Agency Act (Cap. 195);

Amended byS 186/2007 wef 01/05/2007
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Definition

“rent” includes the annual ground rent;

Amended byS 700/2023 wef 01/11/2023
Suggest a correction

Definition

“Singapore Overnight Rate Average” or “SORA” means the volume-weighted average rate of borrowing transactions in the unsecured overnight interbank Singapore dollar cash market in Singapore between 8 a.m. and 6.15 p.m., as determined and published by the Monetary Authority of Singapore on its website at http://www.mas.gov.sg or (where the website is unavailable to the public) in one or more other forms that are readily accessible by the public.

Amended byS 700/2023 wef 01/11/2023
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Regulation 2A

Application

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Amended byS 186/2007 wef 01/05/2007

These Rules shall not apply to any tenant, licensee or lessee of any market or food centre or part thereof which is owned by the Board and managed by the National Environment Agency, or any stall in any such market or food centre.

Regulation 3

Calculation of penalties for rent or fee in arrears

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Amended byS 700/2023 wef 01/11/2023S 700/2023 wef 01/11/2023

Subregulation 1

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No penalty under this rule shall be payable by any lessee, owner, licensee or tenant during the grace period in respect of any amount or part thereof, due from the lessee, owner, licensee or tenant, as the case may be, and in arrears.

Subregulation 2

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Amended byS 700/2023 wef 01/11/2023

Subject to paragraph (1), any lessee, owner, licensee or tenant who fails to pay to the Board any amount or part thereof due under any agreement on the day the amount falls due shall be liable to pay to the Board, in respect of the amount or any part thereof in arrears, a penalty specified in paragraph (3) for the period in which the amount or part thereof is in arrears.

Subregulation 3

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Amended byS 700/2023 wef 01/11/2023

The penalty mentioned in paragraph (2) is a sum that is calculated at a rate of 4.5%‑point above the 3-month compounded SORA for the period in which the amount or part thereof is in arrears.

Regulation 4

Recovery of rent, etc.

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Nothing in these Rules shall prejudice any right of action or other remedy of the Board for the recovery of any rent or moneys due to the Board, including any interest for late payment or liquidated damages or in respect of any antecedent breach by the tenant, licensee, lessee or owner under any agreement.

Regulation 5

Application of payments

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The Board may, in its discretion, apply any moneys paid by the tenant, licensee or owner firstly towards the payment of the amount of any penalty payable under these Rules and subsequently apply any balance thereof towards payment of any amount of outstanding instalment, rent, licence fee or maintenance fee.

Regulation 6

Remission

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The Board may, in its discretion, remit wholly or in part any penalty payable under these Rules.

Common questions

What is Housing and Development (Penalties for Late Payment) Rules?
Housing and Development (Penalties for Late Payment) Rules is Singapore Subsidiary Legislation, cited as Subsidiary Legislation HDA-R5 1959, currently marked in force and first recorded in 1959.
Is Housing and Development (Penalties for Late Payment) Rules still in force?
Yes — Housing and Development (Penalties for Late Payment) Rules is currently in force.
When did Housing and Development (Penalties for Late Payment) Rules take effect?
Housing and Development (Penalties for Late Payment) Rules was first recorded in 1959.
How many regulations does Housing and Development (Penalties for Late Payment) Rules have?
Housing and Development (Penalties for Late Payment) Rules contains 7 regulations.
Where can I read the official version of Housing and Development (Penalties for Late Payment) Rules?
The official text of Housing and Development (Penalties for Late Payment) Rules is published at sso.agc.gov.sg.