Controller of Residential Property to administer this Act
29.—(1) The Minister must appoint a Controller of Residential Property who has charge of the administration of this Act, subject to any general or special directions of the Minister.
(2) The Minister may also appoint such Deputy Controllers and Assistant Controllers of Residential Property as may be necessary for the carrying out of the provisions of this Act.
(3) Where any Deputy Controller or Assistant Controller of Residential Property is appointed, that Deputy Controller or Assistant Controller of Residential Property must carry out the provisions of this Act, subject to the general or special directions of the Controller.
(4) The Comptroller of Property Tax appointed under the Property Tax Act 1960, the Controller of Immigration appointed under the Immigration Act 1959 and any competent authority appointed under the Planning Act 1998 must render all possible assistance and make available all necessary information to the Controller for the purpose of carrying out the provisions of this Act.
(5) The Controller of Residential Property, every Deputy or Assistant Controller of Residential Property and any person acting under the authority of the Controller of Residential Property shall not be personally liable to any action, suit or proceeding in respect of any act or matter done in good faith or omitted to be done in the administration of this Act.
Diplomatic and consular missions and religious groups in Singapore
30.—(1) Any government of a foreign State or territory outside Singapore or any accredited agent of that government or any religious group in Singapore which intends to purchase or acquire any estate or interest in any residential property which is not non‑restricted residential property for any diplomatic, consular or official purpose of that government or for the purposes of an official residence for any accredited agent of that government or, in the case of a religious group, for its use is not bound by the procedures laid down in section 25 but must first seek the written permission of the Minister for such purchase or acquisition.
(2) In this section, “religious group” includes any group, body, denomination, institution or organisation which professes any religion.
(3) The requirement under subsection (1) for the written permission of the Minister does not apply to the purchase or acquisition (whether by lease, deed of assignment or other agreement) of a leasehold estate or interest for a term not exceeding 7 years, inclusive of any further term which may be granted by way of an option for renewal.
Housing developers
31.—(1) Except as provided in subsection (4), section 25 does not apply to housing developers.
(2) A housing developer must, before the housing developer purchases or acquires an estate or interest in any residential property, apply to the Controller for approval to purchase or acquire the residential property.
(3) Upon receipt of an application under subsection (2), the Controller may, with the Minister’s approval, grant approval subject to such terms and conditions as the Controller may think fit, including all or any of the following:(a)
that the housing developer must carry out and complete the development of the residential property and must not sell, assign, transfer, sublease or otherwise dispose of the residential property or any part thereof in its vacant or undeveloped state without the prior approval of the Controller which may be granted with or without conditions;
(b)
that where the housing developer is a company, a limited liability partnership or a society, a person who holds any shares in the company or who is a partner in the limited liability partnership or member of the society must not, without the approval of the Controller (which may be granted with or without conditions), sell, assign, transfer or otherwise dispose of any of the person’s shares or any interest in such shares to any other person, or resign as such partner or member, as the case may be;
(c)
that the housing developer must provide such security as the Controller may determine for the purpose of developing that residential property, and that such security may be forfeited if the housing developer —(i)
does not proceed with or complete the development within such period as the Controller may determine;
(ii)
does not sell all the flats or dwelling houses in the development, or where the development comprises one or more buildings which have not been subdivided into units for sale, does not sell the whole development, to citizens or approved purchasers within a period of 2 years from the date of the issue by the relevant authority of a temporary occupation permit or certificate of statutory completion, whichever is the earlier, in respect of such flats, dwelling houses or any of the buildings; or
(iii)
does not comply with any other terms and conditions which the Controller may impose under this section;
(d)
that the applicant must undertake, in writing, to comply with the conditions imposed by the Controller after the applicant has become the registered owner of that residential property under a transfer registered with the Registrar.
(4) Where a housing developer desires to retain one or more flats or dwelling houses in the development after having completed the development, the housing developer may apply for such retention in the manner provided in section 25.
(5) Subject to subsections (5A) and (5B), the Controller may extend any period mentioned in subsection (3)(c) and may, in his or her discretion, dispense with the requirement to provide security mentioned in subsection (3)(c).[35/2010]
(5A) The Controller may, when extending any period mentioned in subsection (3)(c), require the housing developer to pay an extension charge of such amount as the Controller may determine.[35/2010]
(5B) Any extension charge payable under subsection (5A) need not bear any relationship to the cost of considering an application for and of granting an extension of any period mentioned in subsection (3)(c).[35/2010]
(6) Where a housing developer fails to comply with any of the conditions mentioned in subsection (3)(c) within the period determined by the Controller or any extension thereof, the Controller may forfeit the security provided by the housing developer under that subsection after giving 21 days’ notice in writing to the housing developer of the Controller’s intention to forfeit the security and the grounds thereof.
(7) Where a housing developer fails to comply with any condition mentioned in subsection (3)(a) or (b), the Controller may, by written notice, require the housing developer to pay, within a specified period, a financial penalty of such amount (as the Controller thinks fit) not exceeding 50% of the purchase price of the residential property paid by the housing developer in its purchase or acquisition of the residential property, or of the market value of the shares, as the case may be.[35/2010]
(8) The quantum of the financial penalty mentioned in subsection (7) must take into account any security provided by the housing developer under subsection (3)(c) and which has been forfeited under subsection (6).
(9) Where a housing developer is a company, limited liability partnership or society and the Controller is of the opinion that the failure of the housing developer to comply with any condition mentioned in subsection (3)(a) or (b) was committed with the consent or connivance of, or was attributable to any neglect on the part of any person who is a director of the company, a partner of the limited liability partnership or a member of the governing body or board of trustees of the society (as the case may be), the Controller must, together with the notice under subsection (7) to the housing developer, inform the person concerned of the Controller’s opinion, and that person is then jointly and severally liable with the company, limited liability partnership or society to pay the financial penalty imposed under subsection (7).[35/2010]
(10) Any financial penalty payable by any housing developer or any person under subsection (7) or (9) is recoverable by the Controller as a debt due to the Controller from that housing developer or person.
(11) [Deleted by Act 35 of 2010]
(12) [Deleted by Act 35 of 2010]
(13) Upon approval being granted by the Controller to the housing developer to purchase or acquire any estate or interest in a residential property, the Controller must inform the Registrar.
(14) The Registrar may, before registering any instrument of transfer in respect of any residential property made in favour of a housing developer, require a statutory declaration from that housing developer to be endorsed on the instrument of transfer in such form as the Registrar may require.
(15) The Registrar may refuse to accept or to register the instrument of transfer mentioned in subsection (14) unless the statutory declaration made by that housing developer has been endorsed on the instrument of transfer.
(16) The Registrar must, after registering the instrument of transfer mentioned in subsection (14), enter a notice on the relevant volume and folio of the land register in the Land Titles Registry of the Authority or in the books or other records maintained at the Registry of Deeds of the Authority (as the case may be) warning persons dealing with the registered proprietor therein named that the registered proprietor is prohibited from selling, assigning, transferring, subleasing or otherwise disposing of the land comprised therein in its vacant or undeveloped state.
(17) The Registrar must cancel the notice mentioned in subsection (16) upon receipt of satisfactory evidence from the registered proprietor that the temporary occupation permit or the certificate of statutory completion for the whole of the development has been issued by the relevant authority, and no claim may be made by any person against the Registrar for any loss or damage suffered if the notice mentioned in subsection (16) is not entered on the land‑register in the Land Titles Registry of the Authority or in the books or other records maintained at the Registry of Deeds of the Authority (as the case may be) or is cancelled pursuant to this subsection.
(18) In this section, “housing developer” means any person, being —(a)
an individual who is not a citizen;
(b)
a foreign company, a converted foreign company, a foreign limited liability partnership, a converted foreign limited liability partnership, a foreign society or a converted society;
(c)
a Singapore company which has not complied with section 10(1);
(d)
a Singapore limited liability partnership which has not complied with section 11(1); or
(e)
a Singapore society which has not complied with section 16(1),
who or which constructs or intends to construct flats or dwelling houses for sale, whether or not such person, company, limited liability partnership or society is licensed or required to be licensed as a housing developer under the Housing Developers (Control and Licensing) Act 1965.
(19) For the purpose of determining under subsection (7) the financial penalty for contravening a condition, “market value”, in relation to shares in a company, means the market value of the shares at the date of the contravention of the condition.[35/2010]
Appeals to Minister
31A.—(1) Any —(a)
approved purchaser who is aggrieved by any notice of the Controller under section 25B(1) requiring the approved purchaser to pay a financial penalty;
(b)
applicant under section 26 who is aggrieved —(i)
by any decision of the Controller not to extend the period mentioned in section 26(3A)(a) or (b)(ii); or
(ii)
by any notice of the Controller under section 26(3E)(a) or (b) forfeiting security or requiring the applicant to pay a financial penalty;
(c)
person mentioned in section 26(3G) who is aggrieved by the opinion of the Controller in any notice under section 26(3G);
(d)
applicant under section 28 who is aggrieved —(i)
by any decision of the Controller not to extend the period mentioned in section 28(2)(a) or (b)(ii); or
(ii)
by any notice of the Controller under section 28(6)(a) or (b) forfeiting security or requiring the applicant to pay a financial penalty;
(e)
person mentioned in section 28(8) who is aggrieved by the opinion of the Controller in any notice under section 28(8);
(f)
applicant under section 28A who is aggrieved —(i)
by any decision of the Controller not to extend the period mentioned in section 28A(3)(a) or (b)(ii); or
(ii)
by any notice of the Controller under section 28A(7)(a) or (b) forfeiting security or requiring the applicant to pay a financial penalty;
(g)
person mentioned in section 28A(9) who is aggrieved by the opinion of the Controller in any notice under section 28A(9);
(h)
housing developer under section 31 who is aggrieved —(i)
by any decision of the Controller not to extend the period mentioned in section 31(3)(c)(i) or (ii); or
(ii)
by any notice of the Controller under section 31(6) or (7) forfeiting security or requiring the housing developer to pay a financial penalty; or
(i)
person mentioned in section 31(9) who is aggrieved by the opinion of the Controller in any notice under section 31(9),
may, within 3 months from the date of the notice or the date of being notified of the decision, as the case may be, (or such longer period as the Minister may allow in exceptional circumstances, whether before or after the end of the 3 months), appeal to the Minister in the manner prescribed.
[35/2010]
(2) The Minister may determine an appeal under subsection (1) by confirming, varying or reversing the Controller’s decision or opinion in the notice or notification (which may include ordering the refund of any security forfeited or any financial penalty paid); and the decision of the Minister on any such appeal is final and shall not be called in question in any court.[35/2010]
Exemption
32.—(1) The Minister may, if he or she considers it to be in the economic interest of Singapore or for any other cause which appears to him or her necessary or expedient or if in his or her opinion the circumstances so warrant, from time to time, by regulations or by notification in the Gazette or otherwise, exempt permanently or for such period or periods as he or she may think fit and subject to such conditions as he or she may consider necessary, from all or any of the provisions of this Act —(a)
any person, company, limited liability partnership, society, association or other organisation or body, or any class, type or category of any of the same; and
(b)
any land or dwelling house or any part of any land or dwelling house or any class, type or category of dwelling houses.
(2) Where the Minister revokes any regulation or notification made under this section (whether made before, on or after 31 March 2006), he or she may give directions in writing to any person affected by the revocation, being an owner of residential property that is not non‑restricted residential property, to transfer all the person’s estate or interest in all or any of such residential property to any citizen or approved purchaser within such period as the Minister may specify.
(2A) Where the person directed under subsection (2) does not satisfy the Minister that the person has complied with the direction within the time specified in the direction or any extension thereof allowed by the Minister, the Minister may issue to the Controller a notice to attach and sell the estate or interest in the residential property.
(2B) The notice to attach and sell mentioned in subsection (2A) must specify the residential property to be attached and sold by the Controller, and a copy of that notice must also be served on —(a)
the foreign person who is the owner of the estate or interest in the residential property to be attached and sold; and
(b)
each subsisting mortgagee or chargee (if any) who appears as such in the relevant records in the Land Titles Registry or the Registry of Deeds of the Authority, as the case may be.
(2C) Where the Minister grants (before, on or after 17 January 2011) an exemption under this section in respect of any person or property referred to in subsection (1)(a) or (b) subject to any condition, any person who fails to comply with any such condition on or after that date shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction.[35/2010]
(3) In subsection (1)(b), “dwelling house” includes a flat, whether or not such dwelling house is completed or proposed to be erected.
Savings
33. Nothing in this Act —(a)
affects any transfer of, or any written agreement to transfer, any estate or interest in —(i)
any residential property made and stamped in accordance with the provisions of the Stamp Duties Act 1929 at any time before 11 September 1973; or
(ii)
any HUDC flat made and stamped in accordance with the provisions of the Stamp Duties Act 1929 before 31 May 1982, if the transfer or the agreement to transfer is not made in contravention of any covenant or condition contained in the instrument of lease issued by the Housing and Urban Development Company (Private) Limited in respect of the HUDC flat;
(b)
prohibits the mortgage, charge or reconveyance of any estate or interest in any residential property to a foreign person;
(c)
affects any transfer of any estate or interest in any residential property to a foreign person appointed to be an additional or new trustee of a trust existing on 11 September 1973;
(ca)
affects any transfer of any estate or interest in any residential property to a foreign company (which is also a trust company licensed under the Trust Companies Act 2005) to hold on trust for a citizen or an approved purchaser;
(cb)
affects any transfer of any estate or interest in any residential property to the Official Assignee;
(d)
prevents a foreign person from occupying residential property as a tenant thereof or from entering into any agreement, whether in writing or otherwise, with the landlord thereof for the occupation of residential property, or from acquiring any estate or interest under any agreement, lease or deed of assignment:
Provided that in every such case no term in any such agreement, lease or deed of assignment may exceed a period of 7 years at any one time, inclusive of any further term which may be granted by way of an option for renewal;
(e)
prohibits the purchase or acquisition by a foreign person of any estate or interest in any residential property by way of tender or otherwise from the Urban Redevelopment Authority constituted under the Urban Redevelopment Authority Act 1989 or from any other person or body that is duly appointed as an agent of the Government in the sale of any estate or interest in any residential property;
(f)
prohibits the purchase or acquisition by any foreign person of an estate or interest in any residential property directly from —(i)
the Housing and Development Board under Part 4 of the Housing and Development Act 1959 before or after 1 October 1982; or
(ii)
an approved developer under Part 4B of the Housing and Development Act 1959;
(g)
prevents the transfer to any foreign person of an estate or interest in any residential property sold under Part 4 or 4B of the Housing and Development Act 1959 in any case where —(i)
the prior written consent of the Housing and Development Board has been obtained; and
(ii)
no instrument has been registered in respect of that residential property under section 126 of the Land Titles (Strata) Act 1967; or
(h)
applies to any direct purchase or acquisition on or after 11 September 1973 by any foreign person from the Government of any estate or interest in any residential property other than by a regrant of State title on or after that date to a foreign company upon the surrender of any estate or interest in residential property existing before that date.[34/2017; 4/2021]
Direction of Minister to be conclusive evidence
34.—(1) If any dispute should arise or should a ruling be required as to whether —(a)
any property is a residential property within the meaning of this Act;
(b)
any flat is a landed dwelling house as defined in section 4(10); or
(c)
2 or more structures in an approved development constitute one building or 2 or more separate buildings for the purposes of this Act,
a direction issued by the Minister to the effect —
(d)
that such property is or is not a residential property;
(e)
that such a flat is or is not a landed dwelling house as defined in section 4(10); or
(f)
that the structures in an approved development constitute one building or 2 or more buildings,
as the case may be, is conclusive evidence for all purposes.
(2) A direction of the Minister under this section is final and shall not be called in question in any court.
General penalty
36.—(1) Any person who contravenes any of the provisions of this Act for which no penalty is expressly provided shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.[35/2010]
(2) Despite any of the provisions of this Act, no person who has, at any time before 1 October 1976, contravened any of the provisions of this Act, shall be punished by way of a fine or imprisonment in respect thereof.
(3) If the person committing an offence under this Act is a company, a limited liability partnership, a society, an association or other organisation or body, every individual who at the time the offence was committed was a director, partner, general manager, manager, president, secretary or other officer of the company, limited liability partnership, society, association, organisation, or body concerned in the management of the company, limited liability partnership, society, association, organisation or body or who was purporting to act in any such capacity, as well as the company, limited liability partnership, society, association, organisation or body (as the case may be), shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(4) It is a defence for the individual referred to in subsection (3) if he or she proves that the offence was committed without his or her consent or connivance and that he or she exercised such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her functions and to all other circumstances.
Composition of offences
36A.—(1) The Controller or any person authorised by the Controller in writing may compound any offence under this Act or any rules or regulations made under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $10,000.[35/2010]
(2) The Minister may make regulations to prescribe the offences that may be compounded.
(3) On payment of the sum, no further proceedings are to be taken against that person in respect of the offence.
(4) All sums collected under this section must be paid into the funds of the Authority.
Jurisdiction of court
36B. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.
Consent of Public Prosecutor
37. No prosecution in respect of any offence under this Act may be instituted except by or with the consent of the Public Prosecutor.
Service of notices, etc.
38.—(1) Any notice or direction or a copy thereof required or authorised by this Act to be served on any person, and any summons issued by a court against any person in connection with any offence under this Act may be served on the person —(a)
by delivering it to the person or to some adult member or employee of his or her family or household at his or her last known place of residence or the residential property described in such notice, direction or summons;
(b)
by leaving it in an envelope addressed to the person at the person’s usual or last known place of residence or business or the residential property described in such notice, direction or summons;
(c)
by sending it by registered post addressed to the person at the person’s usual or last known place of residence or business or the residential property described in such notice, direction or summons; or
(d)
in the case of a body corporate or an unincorporated body —(i)
by leaving it in an envelope addressed to the body corporate or unincorporated body at its registered office, principal place of business, last known place of business in Singapore or the residential property described in such notice, direction or summons; or
(ii)
by sending it by registered post addressed to the body corporate or unincorporated body at its registered office, principal place of business, last known place of business in Singapore or the residential property described in such notice, direction or summons.
(2) Any notice or direction or a copy thereof or any summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person 2 days after the day the notice or direction or a copy thereof or the summons was posted, notwithstanding that it is returned undelivered.
(3) In proving the service of any notice or direction or a copy thereof or any summons effected under this section by registered post, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.
Regulations
39.—(1) The Minister may make regulations for the purposes of carrying out any of the provisions of this Act.
(2) Such regulations may contain such provisions as the Minister may consider necessary or expedient for the purpose of preventing the frustration or evasion of the provisions of this Act.
(3) All such regulations must be published in the Gazette and must be presented to Parliament as soon as possible after publication.
Rules
40.—(1) The Authority, with the approval of the Minister, may make rules, not inconsistent with this Act, prescribing all matters which are required, necessary, or convenient to be prescribed, for carrying out or giving effect to this Act and, in particular and without limiting the foregoing power, the Authority, with the approval of the Minister, may make rules —(a)
prescribing the forms to be used under this Act;
(b)
prescribing the fees to be paid for any procedure, function, matter or thing carried out or done under this Act, and for the remission of such fees; and
(c)
generally pertaining to the procedure or practice to be followed in any matter arising under this Act.
(2) All such rules must be published in the Gazette and must be presented to Parliament as soon as possible after publication.
Fees to be paid to Authority
40A. All fees and charges collected under or in connection with any service provided by the Controller under this Act or any rules or regulations made under this Act must be paid into the funds of the Authority.
Validation of acts done and directions given by Government, etc.
41.—(1) No legal proceedings whatsoever shall lie or be instituted or maintained in any court of law for or on account of or in respect of any act, decision or thing done or taken by the Government, or any Minister, officer or committee thereof, and arising from, relating to or connected with residential property, during the period from 11 September 1973 to 1 October 1976 if done or taken in good faith in the execution of duty.
(2) No legal proceedings in respect of any such act, decision or thing, arising from, relating to or connected with residential property, which is alleged to have been done or taken in bad faith in the execution of duty during the period from 11 September 1973 to 1 October 1976 may be instituted or maintained in any court of law unless a certificate of the Attorney‑General is first obtained sanctioning the institution of such legal proceedings.
(3) All directions whether of a procedural nature or otherwise, arising from, relating to or connected with residential property, made during the period from 11 September 1973 to 1 October 1976 by or in the name of the Government or any Minister, officer or committee thereof, are deemed to be, and always to have been, validly made, notwithstanding that such directions have been revoked or amended or are or have been inconsistent with, or in conflict with, or contrary to any written law or law previously in force.
(4) Except as provided in section 5(2), any approval granted or refusal to grant approval for the purchase of residential property by the Government, or any Minister, officer or committee thereof, during the period from 11 September 1973 to 1 October 1976 is deemed to have been made under this Act.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
