HOUSING DEVELOPERSCONTROL AND LICENSING ACT.docx

1、HOUSING DEVELOPERS CONTROL AND LICENSING ACTHOUSING DEVELOPERS (CONTROL AND LICENSING) ACT房屋发展（管制及执照）法（第130章）(CHAPTER 130, SECTION22)HOUSING DEVELOPERS RULES4th January 1985 Citation1.These Rules may be cited as the Housing DevelopersRules. Definitions2.In these Rules, unless the context otherwise r

2、equires advertisementincludes (a)any notice published in any newspaper, journalor magazine; (b)any circular, pamphlet, brochure or other document; (c)any announcement displayed on any hoarding, boarding,roof, wall, paling, fence, frame, signboard, plate, cloth, bar,pillar, post, wire, casing or othe

3、r erection or contrivance; or (d)any announcement made by means of films or bymeans of broadcast sound receivers or television receivers; buildingincludes any completed building,or any building partially completed or to be erected, whether ornot intended for any strata subdivision in accordance with

4、 any permissionor authorization for strata subdivision granted under the PlanningAct (Cap. 232); Commissioner of Buildingsmeans theCommissioner of Buildings appointed under the Building Maintenanceand Strata Management Act (Cap. 30C); Commissioner of Building Controlmeansthe Commissioner of Building

5、 Control appointed under the BuildingControl Act (Cap. 29); housing projectmeans any land on whichconstruction work is being carried out or has been carried outwith a view to building 5 or more separate units for use as residentialdwellings; landincludes land of any tenure, anybuilding or part there

6、of, so much of the air-space above the surfaceas may be reasonably used or enjoyed by any proprietor, and allsubstances under the surface, whether or not held apart from thesurface, and any estate or interest therein; limited common propertyhas the samemeaning as in the Building Maintenance and Stra

7、ta Management Act (Cap. 30C); lotmeans a stratum which is shownas a lot on a strata title plan; registered landhas the same meaningas is assigned to it in the Land Titles (Strata) Act (Cap. 158); Registrar of Titlesmeans the Registrarof Titles appointed under the Land Titles Act (Cap. 157); strata s

8、ubdivisionhas the same meaningas is assigned to it in the Land Titles (Strata) Act; strata title planhas the same meaningas in the Land Titles (Strata) Act; stratummeans any part of land consistingof a space of any shape below, on or above the surface of the land,or partly below and partly above the

9、 surface of the land, the dimensionsof which are delineated; unit, in relation to a housing project,means a unit in a housing project which can be used as a separateand complete dwelling. Mandatory particulars in advertisements3.Any advertisement (other than those conveyed by meansof broadcast sound

10、 receivers or through television receivers) madeby or on behalf of a licensed housing developer in respect of anyhousing project shall include the following particulars: (a)the name and the license number of the housingdeveloper; (b)the tenure of the land and encumbrances, if any,to which the land i

11、s subject; (c)the expected date when the purchasers of the unitsin the housing project will be able to take vacant possession of the units; (d)the expected date when the legal title of theunits sold will be conveyed to the purchasers; (e)the location of the housing project includingthe lot number an

12、d Mukim/Town Subdivision; and (f)the building plan number allocated by the Commissionerof Building Control and the date of building plan approval. Power of Controller to waive requirements4.The Controller may, in his discretion, waive any ofthe requirements of these Rules relating to advertisements

13、of housingprojects. Permission of Street and Building NamesBoard5.Every licensed housing developer shall obtain the writtenpermission of the Street and Building Names Board before using anyname for any site used for a housing project. Prohibited particulars in advertisements6.An advertisement of a h

14、ousing project shall not containanything which suggests or is calculated to suggest (a)the patronage of the President or of any of themembers of his family; (b)any connection with any Government department,statutory body or public building or place; or (c)any attribute to which the housing developer

15、 cannotgenuinely make a claim. False particulars in advertisements7.No person shall display or cause to be displayed anyadvertisement in relation to a housing project which (a)contains any statement which is false or misleading; (b)fails to comply with the requirements of rule3; or (c)contravenes ru

16、le 6. Booking fee8.A purchaser of a unit in a housing project shall berequired to pay for any option or right to purchase the unit, abooking fee or make any other payment by whatever name it is called,which is not less than 5% but not more than 10% ofthe purchase price of the unit. Register9.(1)Ever

17、y housing developer shall maintaina register as shown in Form A in the Schedule showing the particularsof the persons who have obtained options for the purchase of theunits in a housing project. (2)The Controller or any of his officers may requireany housing developer to produce for his inspection t

18、he registermaintained by the developer under paragraph (1). Option10.(1)A housing developer shall give to anintending purchaser of a unit in a housing project an option forthe purchase which shall be in Form B in the Schedule. (2)The option granted by the housing developer shallnot be assignable or

19、transferable. (3)No amendment, deletion or alteration to the optionreferred to in paragraph (1) shall be made except with the approvalin writing of the Controller. (4)Where the number of parking spaces to be providedin a housing project is less than the number of units in the housingproject, the hou

20、sing developer shall, before accepting a bookingfee from an intending purchaser for an option to purchase a unit inthat housing project (a)notify the intending purchaser that informationon the number of parking spaces and units in that housing projectis available for his inspection at a specified pl

21、ace and duringspecified hours free of charge; and (b)make available such information for inspectionat the specified place and during the specified hours if so requestedby that intending purchaser. (5)Where a unit in a housing project is intendedto comprise a lot in a strata title plan, the housing d

22、evelopershall, before accepting a booking fee from an intending purchaserfor an option to purchase that unit (a)notify the intending purchaser that the followingdocuments are available for his inspection at a specified placeand during specified hours free of charge: (i)a copy of the schedule of stra

23、ta units or amendedschedule of strata units for that housing project as filed withand accepted by the Commissioner of Buildings; (ii)where any common property of the housing project is designated as limited common property, a plan or descriptionof the limited common property and the units in the hou

24、sing projectthe purchasers of which will be entitled to the exclusive benefitof the limited common property; and (b)make available such documents for inspection atthe specified place and during the specified hours if so requestedby that intending purchaser. Validity of option11.(1)Where a housing de

25、veloper has grantedto a person an option to purchase a unit in a housing project,he shall not grant to any other person an option to purchase thesame unit until after the first-mentioned option has lapsed. (2)An option granted by a housing developer to anyperson to purchase a unit in a housing proje

26、ct shall remain in forcefor 3 weeks from the date of delivery to the option holderssolicitors of the title deeds or copies thereof and the draft agreement forthe sale and purchase of the unit. Sale and purchase agreement12.(1)An agreement made between a housingdeveloper and a purchaser for the sale

27、and purchase of a unit ina housing project which is not intended to comprise a lot in a stratatitle plan shall be in Form D in the Schedule. (2)An agreement for the sale of a unit in a housingproject which is intended to comprise a lot in a strata title planshall be in Form E in the Schedule. (3)No

28、amendment, deletion or alteration shall bemade to the agreement referred to in paragraph (1) or (2) withoutthe prior approval in writing of the Controller. (4)Any amendment, deletion or alteration to the agreementreferred to in paragraph (1) or (2) made without the prior approvalin writing of the Co

29、ntroller shall be null and void. (5)The Singapore Academy of Law established underthe Singapore Academy of Law Act (Cap. 294A) shall act as stakeholderunder the agreements referred to in paragraphs (1) and (2). Compliance with directions given by Controller13.(1)The Controller may, by giving directi

30、onsin writing pursuant to section 23 of the Act, require a housingdeveloper to furnish him with such information or particulars asthe Controller may require pertaining to any housing project whichis being carried out or has been completed by the housing developer. (2)Where a direction referred to in

31、 paragraph (1)has been given by the Controller, the housing developer concernedshall comply with the direction within 14 days of the receipt ofthe direction unless the housing developer has prior to the expiration ofthe 14 days applied for an extension of time to comply with thedirection. (3)The housing developer shall supply the Controllerwith such information and documents as may be required in supportof the application under paragraph (2). (4)Where an application for an extension of time (a)is rejected by the Controller, the housing developershall comply with the direction referred to in