Singapore legislation

Regulation 5

of Town Councils (Polling for Lift Upgrading Works) Rules 2005

Regulation 5

Owners of flats, etc.

Amended byS 156/2010 wef 01/04/2010S 156/2010 wef 01/04/2010

Subregulation 1

Subject to paragraphs (2) and (3), any person who, immediately before the commencement of a poll relating to the proposal to carry out lift upgrading works under section 24C of the Act, is —

(a)

the most recent purchaser, jointly or otherwise, of a leasehold interest in a beneficiary flat; or

(b)

the most recent purchaser, jointly or otherwise, of the beneficiary flat under an agreement for a lease,shall, for the purposes of these Rules, be the owner of the beneficiary flat within that precinct and shall be entered in the register as such.

Subregulation 2

Amended byS 156/2010 wef 01/04/2010

Notwithstanding paragraph (1), the following persons shall not be the owner or owners of any beneficiary flat for the purposes of these Rules and shall not be entitled to be registered as such:

(a)

any sole purchaser of such a flat who is neither a citizen of Singapore nor a Singapore corporation;

(b)

the joint purchasers of such a flat, all of whom are neither citizens of Singapore nor Singapore corporations; (c)any body corporate which is declared under section 50A of the Housing and Development Act (Cap. 129) to be entitled to purchase such a flat; and

(d)

any sole purchaser or joint purchasers of such a flat which is the subject of an agreement entered into under the Lease Buyback Scheme.

Subregulation 3

For the avoidance of doubt, where only one of the most recent joint purchasers of a beneficiary flat is either a citizen of Singapore or a Singapore corporation, all the joint purchasers shall be the owners of the flat for the purposes of these Rules and shall be entitled to be registered as such.

Subregulation 4

Where the owner of a beneficiary flat is deceased and representation has been taken out at any time before the commencement of the poll, the personal representative of the deceased owner shall, for the purposes of these Rules, be entitled to have his name entered in the register as owner of the beneficiary flat instead of the deceased owner.

Subregulation 5

Where an owner of a beneficiary flat is of unsound mind or his person or estate is liable to be dealt with in any way under the law relating to mental disorders, his committee or such other person who properly has the management of his estate shall be entered in the register as the owner of the beneficiary flat.

Subregulation 6

Amended byS 156/2010 wef 01/04/2010

The HDB shall, for the purposes of these Rules, be the owner of a beneficiary flat within a precinct and shall be entered in the register as such if immediately before the commencement of the poll —

(a)

the beneficiary flat is neither sold nor rented out by the HDB; (b)the beneficiary flat is rented out (but not sold) by the HDB; or

(c)

the beneficiary flat is the subject of an agreement entered into under the Lease Buyback Scheme.

Regulation 5 — Town Councils (Polling for Lift Upgrading Works) Rules 2005