Official textFrom Singapore Statutes Online, unchanged
reg 1Citation
These Rules may be cited as the Housing Developers Rules.
reg 2Definitions
In these Rules, unless the context otherwise requires —“advertisement” —
means any form of representation (including writing, still or moving pictures, sign, symbol or other visual image or message or audible message, or any combination of them) that is used or made for purposes of advertising, marketing, publicity or announcement; and
includes an advertisement published, displayed, conveyed, transmitted or broadcasted in any form, manner or medium (whether electronic or otherwise);“building” includes any completed building, or any building partially completed or to be erected, whether or not intended for any strata subdivision in accordance with any permission or authorisation for strata subdivision granted under the Planning Act (Cap. 232);“Commissioner of Buildings” means the Commissioner of Buildings appointed under the Building Maintenance and Strata Management Act (Cap. 30C);“Commissioner of Building Control” means the Commissioner of Building Control appointed under the Building Control Act (Cap. 29);“housing project” means any land on which construction work is being carried out or has been carried out with a view to building 5 or more separate units for use as residential dwellings;“land” includes land of any tenure, any building or part thereof, so much of the air-space above the surface as may be reasonably used or enjoyed by any proprietor, and so much of the subterranean space below the surface as is reasonably necessary for the use and enjoyment of the land, whether or not held apart from the surface, and any estate or interest therein;“limited common property” has the same meaning as in the Building Maintenance and Strata Management Act (Cap. 30C);“lot” means a stratum which is shown as a lot on a strata title plan;“no-sale licence” is a licence granted under section 4(4) of the Act by the Controller to a housing developer to carry out or undertake housing development subject to, amongst others, the condition that the housing developer must not grant any option to purchase, or enter into any agreement for the sale of, any unit of housing accommodation to be developed in the housing development except with the prior written approval of the Controller;“registered land” has the same meaning as is assigned to it in the Land Titles (Strata) Act (Cap. 158);“Registrar of Titles” means the Registrar of Titles appointed under the Land Titles Act (Cap. 157);“sale licence” is a licence granted under section 4(4) of the Act by the Controller to a housing developer to carry out or undertake housing development subject to, amongst others, the condition that the housing developer must not grant any option to purchase, or enter into any agreement for the sale of, any unit of housing accommodation to be developed in the housing development, before the plans for building works for the development of the housing accommodation are approved by the Commissioner of Building Control;“strata subdivision” has the same meaning as is assigned to it in the Land Titles (Strata) Act;“strata title plan” has the same meaning as in the Land Titles (Strata) Act;“stratum” means any part of land consisting of a space of any shape below, on or above the surface of the land, or partly below and partly above the surface of the land, the dimensions of which are delineated;“temporary occupation permit” has the same meaning as in section 2(1) of the Building Control Act (Cap. 29);“unit”, in relation to a housing project, means a unit in a housing project which can be used as a separate and complete dwelling.
“advertisement” —
means any form of representation (including writing, still or moving pictures, sign, symbol or other visual image or message or audible message, or any combination of them) that is used or made for purposes of advertising, marketing, publicity or announcement; and
includes an advertisement published, displayed, conveyed, transmitted or broadcasted in any form, manner or medium (whether electronic or otherwise);
“building” includes any completed building, or any building partially completed or to be erected, whether or not intended for any strata subdivision in accordance with any permission or authorisation for strata subdivision granted under the Planning Act (Cap. 232);
“Commissioner of Buildings” means the Commissioner of Buildings appointed under the Building Maintenance and Strata Management Act (Cap. 30C);
“Commissioner of Building Control” means the Commissioner of Building Control appointed under the Building Control Act (Cap. 29);
“housing project” means any land on which construction work is being carried out or has been carried out with a view to building 5 or more separate units for use as residential dwellings;
“land” includes land of any tenure, any building or part thereof, so much of the air-space above the surface as may be reasonably used or enjoyed by any proprietor, and so much of the subterranean space below the surface as is reasonably necessary for the use and enjoyment of the land, whether or not held apart from the surface, and any estate or interest therein;
“limited common property” has the same meaning as in the Building Maintenance and Strata Management Act (Cap. 30C);
“lot” means a stratum which is shown as a lot on a strata title plan;
“no-sale licence” is a licence granted under section 4(4) of the Act by the Controller to a housing developer to carry out or undertake housing development subject to, amongst others, the condition that the housing developer must not grant any option to purchase, or enter into any agreement for the sale of, any unit of housing accommodation to be developed in the housing development except with the prior written approval of the Controller;
“registered land” has the same meaning as is assigned to it in the Land Titles (Strata) Act (Cap. 158);
“Registrar of Titles” means the Registrar of Titles appointed under the Land Titles Act (Cap. 157);
“sale licence” is a licence granted under section 4(4) of the Act by the Controller to a housing developer to carry out or undertake housing development subject to, amongst others, the condition that the housing developer must not grant any option to purchase, or enter into any agreement for the sale of, any unit of housing accommodation to be developed in the housing development, before the plans for building works for the development of the housing accommodation are approved by the Commissioner of Building Control;
“strata subdivision” has the same meaning as is assigned to it in the Land Titles (Strata) Act;
“strata title plan” has the same meaning as in the Land Titles (Strata) Act;
“stratum” means any part of land consisting of a space of any shape below, on or above the surface of the land, or partly below and partly above the surface of the land, the dimensions of which are delineated;
“temporary occupation permit” has the same meaning as in section 2(1) of the Building Control Act (Cap. 29);
“unit”, in relation to a housing project, means a unit in a housing project which can be used as a separate and complete dwelling.
reg 2APrescribed amount of paid-up capital, deposit and security
For the purposes of section 5(1)(a) and (b) of the Act, the Controller must not grant a sale licence to a housing developer to carry out or undertake a housing development described in the first column of the Second Schedule unless the housing developer —
if a company —
has at least an issued and paid-up capital of the amount specified in the second column of the Second Schedule opposite the housing development; or (ii)lodges with the Controller a deposit or security of at least the amount specified in the third column of that Schedule opposite the housing development; or
if an individual, a group of persons, a partnership, a society or a limited liability partnership, lodges with the Controller a deposit or security of at least the amount specified in the third column of the Second Schedule opposite the housing development.
For the purposes of section 5(1)(a) and (b) of the Act, the Controller must not grant a no-sale licence to a housing developer that is a company, unless the housing developer —
has a paid-up capital of at least $100,000; or
has lodged with the Controller, in such form and manner and on such terms as the Controller may determine, a deposit or security of $100,000.
Subregulation 1
For the purposes of section 5(1)(a) and (b) of the Act, the Controller must not grant a sale licence to a housing developer to carry out or undertake a housing development described in the first column of the Second Schedule unless the housing developer —
if a company —
has at least an issued and paid-up capital of the amount specified in the second column of the Second Schedule opposite the housing development; or (ii)lodges with the Controller a deposit or security of at least the amount specified in the third column of that Schedule opposite the housing development; or
if an individual, a group of persons, a partnership, a society or a limited liability partnership, lodges with the Controller a deposit or security of at least the amount specified in the third column of the Second Schedule opposite the housing development.
Subregulation 2
For the purposes of section 5(1)(a) and (b) of the Act, the Controller must not grant a no-sale licence to a housing developer that is a company, unless the housing developer —
has a paid-up capital of at least $100,000; or
has lodged with the Controller, in such form and manner and on such terms as the Controller may determine, a deposit or security of $100,000.
reg 3Mandatory particulars in advertisements
Any advertisement (other than those conveyed by means of broadcast sound receivers or through television receivers) made by or on behalf of a licensed housing developer in respect of any housing project shall include the following particulars:
the name and the licence number of the housing developer;
the tenure of the land and encumbrances, if any, to which the land is subject;
the expected date when the purchasers of the units in the housing project will be able to take vacant possession of the units;
the expected date when the legal title of the units sold will be conveyed to the purchasers;
the location of the housing project including the lot number and Mukim/Town Subdivision.
[Deleted by S 163/2012 wef 18/05/2012]
reg 4Power of Controller to waive requirements
The Controller may, in his discretion, waive any of the requirements of these Rules relating to advertisements of housing projects.
reg 6Prohibited particulars in advertisements
An advertisement of a housing project shall not contain anything which suggests or is calculated to suggest —
the patronage of the President or of any of the members of his family;
any connection with any Government department, statutory body or public building or place; or
any attribute to which the housing developer cannot genuinely make a claim.
reg 7False particulars in advertisements
No person shall publish, display, convey, transmit or broadcast, or cause to be published, displayed, conveyed, transmitted or broadcasted, any advertisement in relation to a housing project which —
contains any statement, information or material which is false or misleading;
fails to comply with the requirements of rule 3, where applicable; or
contravenes rule 6.
reg 8Booking fee
A purchaser of a unit in a housing project shall be required to pay for any option or right to purchase the unit, a booking fee or make any other payment by whatever name it is called, which is not less than 5% but not more than 10% of the purchase price of the unit.
reg 9Register
Every housing developer shall maintain a register as shown in Form 1 in the First Schedule showing the particulars of the persons who have obtained options for the purchase of the units in a housing project.
The Controller or any of his officers may require any housing developer to produce for his inspection the register maintained by the developer under paragraph (1).
Subregulation 1
Every housing developer shall maintain a register as shown in Form 1 in the First Schedule showing the particulars of the persons who have obtained options for the purchase of the units in a housing project.
Subregulation 2
The Controller or any of his officers may require any housing developer to produce for his inspection the register maintained by the developer under paragraph (1).
reg 10Option
Except where the prior approval in writing of the Controller is obtained, a housing developer shall give to an intending purchaser of a unit in a housing project an option for the purchase which shall be in Form 2 in the First Schedule.
The option for the purchase of a unit in a housing project shall be granted to the intending purchaser upon acceptance by the housing developer of the booking fee for the unit.
The option granted by the housing developer shall not be assignable or transferable.
No amendment, deletion or alteration to the option referred to in paragraph (1) shall be made —
except with the approval of the Controller in writing; or
unless such amendment, deletion or alteration is permitted under Form 2 in the First Schedule.
The housing developer shall, before accepting a booking fee from an intending purchaser for an option to purchase a unit in a housing project —
provide the intending purchaser with the particulars, documents and information relating to the unit and the housing project as described in, and in accordance with the requirements of, Form 3 in the First Schedule; (aa)provide the intending purchaser with a notice of the documents and information that the housing developer must obtain to perform the customer due diligence measures required by section 12B of the Act, in the form that the Controller specifies on the Internet website at https://go.gov.sg/ura-amltf; and
obtain written acknowledgment from the intending purchaser that the housing developer has complied with the requirements of sub-paragraphs (a) and (aa).
Where a unit in a housing project is intended to comprise a lot in a strata title plan, the housing developer shall, before accepting a booking fee from an intending purchaser for an option to purchase that unit —
notify the intending purchaser that the following documents are available for his inspection:
a copy of the schedule of strata units or amended schedule of strata units for that housing project as filed with and accepted by the Commissioner of Buildings;
where any common property of the housing project is designated as limited common property, a plan or description of the limited common property and the units in the housing project the purchasers of which will be entitled to the exclusive benefit of the limited common property; (b)make available such documents for inspection by that intending purchaser; and
obtain written acknowledgment from the intending purchaser that the requirements of sub-paragraphs (a) and (b) have been complied with.
Subregulation 1
Except where the prior approval in writing of the Controller is obtained, a housing developer shall give to an intending purchaser of a unit in a housing project an option for the purchase which shall be in Form 2 in the First Schedule.
Subregulation 1A
The option for the purchase of a unit in a housing project shall be granted to the intending purchaser upon acceptance by the housing developer of the booking fee for the unit.
Subregulation 2
The option granted by the housing developer shall not be assignable or transferable.
Subregulation 3
No amendment, deletion or alteration to the option referred to in paragraph (1) shall be made —
except with the approval of the Controller in writing; or
unless such amendment, deletion or alteration is permitted under Form 2 in the First Schedule.
Subregulation 4
The housing developer shall, before accepting a booking fee from an intending purchaser for an option to purchase a unit in a housing project —
provide the intending purchaser with the particulars, documents and information relating to the unit and the housing project as described in, and in accordance with the requirements of, Form 3 in the First Schedule; (aa)provide the intending purchaser with a notice of the documents and information that the housing developer must obtain to perform the customer due diligence measures required by section 12B of the Act, in the form that the Controller specifies on the Internet website at https://go.gov.sg/ura-amltf; and
obtain written acknowledgment from the intending purchaser that the housing developer has complied with the requirements of sub-paragraphs (a) and (aa).
Subregulation 5
Where a unit in a housing project is intended to comprise a lot in a strata title plan, the housing developer shall, before accepting a booking fee from an intending purchaser for an option to purchase that unit —
notify the intending purchaser that the following documents are available for his inspection:
a copy of the schedule of strata units or amended schedule of strata units for that housing project as filed with and accepted by the Commissioner of Buildings;
where any common property of the housing project is designated as limited common property, a plan or description of the limited common property and the units in the housing project the purchasers of which will be entitled to the exclusive benefit of the limited common property; (b)make available such documents for inspection by that intending purchaser; and
obtain written acknowledgment from the intending purchaser that the requirements of sub-paragraphs (a) and (b) have been complied with.
reg 11Validity of option
Where a housing developer has granted to a person (referred to in this rule as the option holder) an option to purchase a unit in a housing project, he shall not grant to any other person an option to purchase the same unit until after the first-mentioned option has lapsed.
Subject to paragraphs (3), (4) and (5), an option granted by a housing developer to any person who wishes to purchase a unit in a housing project shall be valid for a period (referred to in this rule as the validity period) of 3 weeks commencing from the date immediately after the delivery to the option holder, or to the option holder’s solicitors, of —
the title deeds, or copies of the title deeds to the unit; and
the execution copies of the agreement for the sale and purchase of the unit.
The Controller may, on the application of the housing developer made before the grant of the option, by writing permit a housing developer to grant any option with a different validity period.
The Controller may, on the application of the housing developer or the option holder, by writing permit a variation of the validity period if the housing developer and the option holder agree.
Where, before the expiry of the validity period, the option holder serves the housing developer with a written notice stating that he does not wish to exercise the option, the option shall lapse immediately upon the receipt by the housing developer of the written notice.
Subregulation 1
Where a housing developer has granted to a person (referred to in this rule as the option holder) an option to purchase a unit in a housing project, he shall not grant to any other person an option to purchase the same unit until after the first-mentioned option has lapsed.
Subregulation 2
Subject to paragraphs (3), (4) and (5), an option granted by a housing developer to any person who wishes to purchase a unit in a housing project shall be valid for a period (referred to in this rule as the validity period) of 3 weeks commencing from the date immediately after the delivery to the option holder, or to the option holder’s solicitors, of —
the title deeds, or copies of the title deeds to the unit; and
the execution copies of the agreement for the sale and purchase of the unit.
Subregulation 3
The Controller may, on the application of the housing developer made before the grant of the option, by writing permit a housing developer to grant any option with a different validity period.
Subregulation 4
The Controller may, on the application of the housing developer or the option holder, by writing permit a variation of the validity period if the housing developer and the option holder agree.
Subregulation 5
Where, before the expiry of the validity period, the option holder serves the housing developer with a written notice stating that he does not wish to exercise the option, the option shall lapse immediately upon the receipt by the housing developer of the written notice.
reg 12Sale and purchase agreement
An agreement made between a housing developer and a purchaser for the sale and purchase of a unit in a housing project which is not intended to comprise a lot in a strata title plan shall be in Form 4 in the First Schedule.
An agreement for the sale of a unit in a housing project which is intended to comprise a lot in a strata title plan shall be in Form 5 in the First Schedule.
No amendment, deletion or alteration shall be made to the agreement referred to in paragraph (1) or (2) —
except with the prior approval of the Controller in writing; or
unless such amendment, deletion or alteration is permitted under Form 4 or 5 in the First Schedule (as the case may be).
Any amendment, deletion or alteration to the agreement referred to in paragraph (1) or (2) made without the prior approval in writing of the Controller shall be null and void.
The Singapore Academy of Law established under the Singapore Academy of Law Act (Cap. 294A) shall act as stakeholder under the agreements referred to in paragraphs (1) and (2).
Subregulation 1
An agreement made between a housing developer and a purchaser for the sale and purchase of a unit in a housing project which is not intended to comprise a lot in a strata title plan shall be in Form 4 in the First Schedule.
Subregulation 2
An agreement for the sale of a unit in a housing project which is intended to comprise a lot in a strata title plan shall be in Form 5 in the First Schedule.
Subregulation 3
No amendment, deletion or alteration shall be made to the agreement referred to in paragraph (1) or (2) —
except with the prior approval of the Controller in writing; or
unless such amendment, deletion or alteration is permitted under Form 4 or 5 in the First Schedule (as the case may be).
Subregulation 4
Any amendment, deletion or alteration to the agreement referred to in paragraph (1) or (2) made without the prior approval in writing of the Controller shall be null and void.
Subregulation 5
The Singapore Academy of Law established under the Singapore Academy of Law Act (Cap. 294A) shall act as stakeholder under the agreements referred to in paragraphs (1) and (2).
reg 13Compliance with directions given by Controller
The Controller may, by giving directions in writing pursuant to section 23 of the Act, require a housing developer to furnish him with such information or particulars as the Controller may require pertaining to any housing project which is being carried out or has been completed by the housing developer.
Where a direction referred to in paragraph (1) has been given by the Controller, the housing developer concerned shall comply with the direction within 14 days after the date of receipt of the direction unless the housing developer has prior to the expiration of the 14 days applied for an extension of time to comply with the direction.
The housing developer shall supply the Controller with such information and documents as may be required in support of the application under paragraph (2).
Where an application for an extension of time —
is rejected by the Controller, the housing developer shall comply with the direction referred to in paragraph (1) within 14 days after the date of the receipt of the letter rejecting the application; or
is approved by the Controller, the housing developer shall comply with the direction referred to in paragraph (1) within such time as the Controller may determine.
Subregulation 1
The Controller may, by giving directions in writing pursuant to section 23 of the Act, require a housing developer to furnish him with such information or particulars as the Controller may require pertaining to any housing project which is being carried out or has been completed by the housing developer.
Subregulation 2
Where a direction referred to in paragraph (1) has been given by the Controller, the housing developer concerned shall comply with the direction within 14 days after the date of receipt of the direction unless the housing developer has prior to the expiration of the 14 days applied for an extension of time to comply with the direction.
Subregulation 3
The housing developer shall supply the Controller with such information and documents as may be required in support of the application under paragraph (2).
Subregulation 4
Where an application for an extension of time —
is rejected by the Controller, the housing developer shall comply with the direction referred to in paragraph (1) within 14 days after the date of the receipt of the letter rejecting the application; or
is approved by the Controller, the housing developer shall comply with the direction referred to in paragraph (1) within such time as the Controller may determine.
reg 14Power of Controller to carry out investigations
The Controller may at any time carry out an investigation into any housing project and may, after consultation with the relevant Government authorities, give directions in writing pursuant to section 23 of the Act to require the housing developer of the housing project —
to, where applicable, lodge an application with the Registrar of Titles to bring the land on which the housing project is built under the provisions of the Land Titles Act (Cap. 157);
to comply with the requirements of the competent authority necessary for the grant of written permission for the subdivision of land under the Planning Act (Cap. 232) within such time as the Controller may appoint;
to comply with the requirements of the Commissioner of Building Control or other relevant authorities which are conditions precedent to the issue of the temporary occupation permits or the certificates of statutory completion for the units in the housing project sold by the housing developer within such time as the Controller may appoint;
to obtain separate titles for the units in the housing project sold by the housing developer within such time as the Controller may specify after the date of the grant of written permission by the competent authority for the subdivision of land under the Planning Act (Cap. 232);
to employ registered surveyors to carry out the necessary surveys and to prepare the necessary plans for the housing project for submission to the Chief Surveyor appointed under the Boundaries and Survey Maps Act (Cap. 25) within such time as the Controller may appoint;
to discharge any mortgage (whether legal or equitable) or any charge of or on the land on which the housing project is carried out, or to repay either partially or in full any sums of money advanced to the housing developer under a mortgage of the land on which the housing project is carried out, within such time as the Controller may appoint; and
where the housing developer has failed to complete the sale of a unit in the housing project on or before the date appointed for the completion of the sale and purchase of the unit, to complete the sale of the unit in the housing project within such time as may be appointed by the Controller.
Any direction given by the Controller pursuant to paragraph (1)(g) shall not prejudice the right of a purchaser to claim liquidated damages for the developer’s failure to complete the sale of any unit in a housing project on or before the date appointed for completion.
Subregulation 1
The Controller may at any time carry out an investigation into any housing project and may, after consultation with the relevant Government authorities, give directions in writing pursuant to section 23 of the Act to require the housing developer of the housing project —
to, where applicable, lodge an application with the Registrar of Titles to bring the land on which the housing project is built under the provisions of the Land Titles Act (Cap. 157);
to comply with the requirements of the competent authority necessary for the grant of written permission for the subdivision of land under the Planning Act (Cap. 232) within such time as the Controller may appoint;
to comply with the requirements of the Commissioner of Building Control or other relevant authorities which are conditions precedent to the issue of the temporary occupation permits or the certificates of statutory completion for the units in the housing project sold by the housing developer within such time as the Controller may appoint;
to obtain separate titles for the units in the housing project sold by the housing developer within such time as the Controller may specify after the date of the grant of written permission by the competent authority for the subdivision of land under the Planning Act (Cap. 232);
to employ registered surveyors to carry out the necessary surveys and to prepare the necessary plans for the housing project for submission to the Chief Surveyor appointed under the Boundaries and Survey Maps Act (Cap. 25) within such time as the Controller may appoint;
to discharge any mortgage (whether legal or equitable) or any charge of or on the land on which the housing project is carried out, or to repay either partially or in full any sums of money advanced to the housing developer under a mortgage of the land on which the housing project is carried out, within such time as the Controller may appoint; and
where the housing developer has failed to complete the sale of a unit in the housing project on or before the date appointed for the completion of the sale and purchase of the unit, to complete the sale of the unit in the housing project within such time as may be appointed by the Controller.
Subregulation 2
Any direction given by the Controller pursuant to paragraph (1)(g) shall not prejudice the right of a purchaser to claim liquidated damages for the developer’s failure to complete the sale of any unit in a housing project on or before the date appointed for completion.