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Power of Controller to carry out investigations

Housing Developers Rules

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—(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 —(a)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);(b)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;(c)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;(d)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);(e)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;(f)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(g)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.(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.

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