Interpretation of this Part
87. In this Part, unless the context otherwise requires —“approved developer” means a developer appointed by the Minister under section 88;
“common property” means so much of the land developed under this Part, and all parts of any building built under this Part, as are not comprised in any housing accommodation;
“develop” means to construct or cause to be constructed any housing accommodation, common property or commercial property, including any building operations in, on, over or under any land for the purpose of erecting any housing accommodation, common property or commercial property;
“housing accommodation” means a horizontal stratum of any building or part thereof, whether the stratum is on one or more levels or is partially or wholly below the surface of the ground, which is wholly constructed, adapted or intended for human habitation or residential use;
“purchaser”, in relation to any housing accommodation built or sold under this Part, includes a person who has purchased a leasehold interest in the housing accommodation;
“relevant date”, in relation to any housing accommodation built by an approved developer under this Part, means the date a temporary occupation permit or certificate of statutory completion is issued by the Commissioner of Building Control under the Building Control Act 1989 in respect of that housing accommodation, whichever date is the earlier.[65M
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Appointment of approved developers
88.—(1) The Minister may, from time to time, for the purposes of this Part, appoint one or more developers as approved developers, subject to such conditions as the Minister may impose.[29/2005]
(2) Notice of any appointment of an approved developer must be published in the Gazette.[29/2005]
(3) Every appointment under this section continues in force for such period as may be specified by the Minister unless earlier terminated by the Minister.[65N
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Approved developers to develop and sell housing accommodation
89.—(1) It is the function and duty of an approved developer —(a)
to develop public housing on such parcels of land held under a State lease as the Minister may specify; and
(b)
to sell in accordance with this Part a lease of any housing accommodation built or to be built by the approved developer on that land.[29/2005]
(2) An approved developer must not, without first obtaining the Minister’s consent, use any unsold housing accommodation built or to be built by the approved developer under this Part, or any part of such unsold housing accommodation, for a purpose that is not a prescribed purpose.[29/2005]
(3) An approved developer is exempt from the provisions of —(a)
the Housing Developers (Control and Licensing) Act 1965 with regard to the form of the contract or agreement for the sale between an approved developer and a purchaser of any housing accommodation; and
(b)
Part 4 of the Building (Strata Management) Act 2004,[Act 12 of 2020 wef 01/10/2025]
[Act 15 of 2026 wef 01/07/2026]
with regard to its carrying out of any development, and to the sale of any housing accommodation it builds, under this Part.
[65O
[29/2005]
Vesting of reversion, etc., in Board
90.—(1) At any time on or after the relevant date in respect of the housing accommodation built on any parcel of land by an approved developer under this Part, the Minister may, by notification in the Gazette, declare that —(a)
the following vests in the Board:(i)
the reversion immediately expectant on the lease of every housing accommodation sold by the approved developer;
(ii)
the entire estate in any commercial property built by the approved developer on that same parcel of land; and
(iii)
the entire estate in the common property (if any) built by the approved developer on that same parcel of land; and
(b)
a lease of each unsold housing accommodation vests in the approved developer.[29/2005]
(2) Upon the publication of a notification mentioned in subsection (1) —(a)
the reversion immediately expectant on every lease mentioned in subsection (1)(a)(i) vests in the Board, and the Board has all powers, rights and remedies to which the approved developer as the reversioner was by law entitled, and is subject, to all the covenants and conditions in the lease to be performed and observed by or on the part of the approved developer;
(b)
the entire estates in the commercial property and common property mentioned in subsection (1)(a)(ii) and (iii), respectively, vest in the Board free from all encumbrances; and
(c)
a lease of each unsold housing accommodation mentioned in subsection (1)(b) vests in the approved developer.[29/2005]
(3) An approved developer whose land is the subject of a notification mentioned in subsection (1) is entitled to receive any compensation that is agreed (whether before, on or after the declaration is registered) between the Board and the approved developer.[29/2005]
(4) After a notification mentioned in subsection (1) is published, the Board may take possession of the commercial property and common property described in that notification.[29/2005]
(5) To avoid doubt, this section does not prejudice the enforcement —(a)
by any purchaser of any housing accommodation or any other person of any right or claim against an approved developer; or
(b)
by the approved developer of any right or claim against any purchaser of any housing accommodation or any other person,
arising out of or concerning any matter or thing done before the date the notification mentioned in subsection (1) is published.
[65P
[29/2005]
Applicability of Part 4 to housing accommodation sold under this Part
91.—(1) Except where expressly provided in this Part, the provisions of this Act affecting any flat sold or to be sold by the Board under Part 4 apply (so far as relevant) to any housing accommodation sold or to be sold by an approved developer under this Part as if the housing accommodation were a flat sold or to be sold by the Board under Part 4 pursuant to an application to the Board, with such prescribed exceptions, modifications and adaptations as the differences between Parts 4 and 4B require.[29/2005]
(2) Any reference in any provision in this Act to any flat or property sold by the Board under Part 4 includes a reference to any housing accommodation sold by an approved developer under this Part, with such prescribed exceptions, modifications and adaptations as the differences between Parts 4 and 4B require.[29/2005]
(3) The provisions of any other existing law that relate to any flat or property sold by the Board under Part 4 have effect as if any reference therein to any such flat or property also includes a reference to any housing accommodation sold by an approved developer under this Part, with such exceptions, modifications and adaptations as the differences between Parts 4 and 4B require.[29/2005]
(4) In this section, “existing law” means any written law having effect as part of the law of Singapore immediately before 15 September 2005.[65Q
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Eligibility to purchase housing accommodation under this Part
92.—(1) Unless otherwise allowed by the Minister, a person —(a)
is not eligible to purchase from an approved developer any housing accommodation under this Part; and
(b)
ceases to be eligible to be a purchaser of such a housing accommodation,
if the person or his or her spouse is not entitled to purchase from the Board any flat, house or other living accommodation under Part 4 or ceases to be entitled to be such a purchaser.
[29/2005]
(2) A person must not present for registration under the Land Titles Act 1993 the assurance of the housing accommodation he or she has purchased under this Part if —(a)
the person purchased the housing accommodation when he or she was not eligible to do so under subsection (1); or
(b)
the person has ceased to be eligible to be a purchaser of such a housing accommodation under subsection (1).[29/2005]
(3) Where the approved developer is notified by the Board that a purchaser has purchased a housing accommodation from the approved developer when the purchaser is not eligible to do so under subsection (1), or the purchaser has ceased to be eligible to be an owner of such a housing accommodation under that subsection, the approved developer must —(a)
serve a written notice upon the purchaser of the housing accommodation of its intention to lodge with the Registrar of Titles an instrument under subsection (6) for the vesting in the approved developer of the title to or the estate or interest in that housing accommodation; or
(b)
where no assurance has been registered in favour of the purchaser, unless otherwise directed by the Board, cancel the purchaser’s application and serve a written notice upon the purchaser of the housing accommodation of its intention to terminate the sale and purchase agreement.[29/2005]
(4) An approved developer shall not be liable to any purchaser or former purchaser (as the case may be) for any loss suffered, directly or indirectly, by the purchaser or former purchaser solely on account of the cancellation of his or her application, or the termination of the sale and purchase agreement, by the approved developer in accordance with subsection (3).[29/2005]
(5) Any purchaser of a housing accommodation sold under this Part who is aggrieved by the service of a written notice under subsection (3) in respect of his or her housing accommodation may, within 14 days after service of the notice, appeal to the Minister whose decision is final and is not to be called in question in any court.[29/2005]
(6) Where an appeal has been made to the Minister under subsection (5), the approved developer must not proceed to lodge any instrument for the vesting of the title to or the estate or interest in the housing accommodation in itself until the appeal has been disposed of.[29/2005]
(7) The Registrar of Titles must register any instrument mentioned in subsection (6) without being concerned to inquire into its regularity or validity, and upon its registration —(a)
the title to or the estate or interest in the housing accommodation vests in the approved developer without further assurance free from all encumbrances (except such subsisting covenants, conditions or restrictions, if any, as may be binding upon the approved developer); and
(b)
the Registrar of Titles must cancel the registration of any mortgage, charge or assurance thereby overreached and any caveat protecting a mortgage, charge or assurance registered or notified on the land-register.[29/2005]
(8) Where an approved developer has lodged any instrument mentioned in subsection (6) in respect of any such housing accommodation, the approved developer may, in accordance with the sale and purchase agreement for the housing accommodation, forfeit such portion of any moneys paid or deposited in respect of the purchase of that housing accommodation, and any balance thereof, less any administrative and legal costs reasonably incurred by the approved developer in connection with the sale and resale of the housing accommodation and with the discharge of all prior legal encumbrances, must be refunded to the purchaser of the housing accommodation and such other persons as are entitled to the moneys.[29/2005]
(9) If any question arises as to whether any particular person is eligible to purchase from an approved developer any housing accommodation under this Part, or has ceased to be eligible to be a purchaser of such a housing accommodation, a certificate signed by an officer of the Board authorised for this purpose stating that the person is not eligible to purchase from the Board any flat, house or other living accommodation under Part 4 is conclusive evidence of that fact stated in that certificate.[65R
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Purchaser dies before temporary occupation permit, etc., issued
93. Where any purchaser of any housing accommodation under this Part dies before the relevant date in respect of the housing accommodation, the approved developer must, unless the Minister otherwise directs, cancel the deceased purchaser’s application and terminate the sale and purchase agreement (if any), and all moneys paid or deposited by or on behalf of the deceased purchaser, less any administrative and legal costs reasonably incurred by the approved developer, must be refunded to the person or persons entitled to the moneys.[65S
[29/2005]
Power to make rules
94.—(1) The Minister may make rules as appear to him or her to be necessary or expedient for carrying out the purposes and provisions of this Part and for any matter which is required under this Part to be prescribed.[29/2005]
(2) Without limiting subsection (1), the Minister may make rules for or in respect of all or any of the following matters:(a)
the terms and conditions for the sale by an approved developer of any housing accommodation, including the form of the contract or agreement between an approved developer and a purchaser of such a housing accommodation;
(b)
prescribing the conditions which, if used in any such contract or agreement between an approved developer and a purchaser of such a housing accommodation, are void; and
(c)
prescribing such exceptions, modifications and adaptations to the provisions of the Act as may be necessary to apply those provisions to any housing accommodation sold or to be sold by an approved developer under this Part as if it were a flat sold or to be sold by the Board under Part 4.[29/2005]
(3) All such rules must be presented to Parliament as soon as possible after publication in the Gazette.[65T
[29/2005]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
