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Residential Properties |
Q1: |
What are the prescribed forms to use for the sale of -
i) properties in a mixed private development;
ii) properties in an Executive Condominium development; and
iii) public housing flats under the Design, Build and Sell Scheme?
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A: |
For sale of properties in a mixed development, the developer should use the forms prescribed under the Housing Developers Rules for the residential units and the forms prescribed under the Sale of Commercial Properties Rules for the commercial units.
The forms prescribed under the Executive Condominium Housing Scheme Regulations should be used for the sale of properties in an Executive Condominium development. Executive Condominium developers are required to seek HDB’s approval for any variations to the prescribed forms for Executive Condominiums.
As for the sale of public housing flats under the Design, Build and Sell Scheme, the forms prescribed under the Housing and Development (Design-Build-And-Sell Scheme – Form of Contract) Rules should be used. Developers are required to seek HDB’s approval for any variations to the prescribed forms for Design, Build and Sell Scheme flats.
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Q2: |
Do I need to use the prescribed forms for the sale of units after the development is issued with Certificate of Statutory Completion (CSC) and Subsidiary Strata Certificate of Title (SSCT) or Certificates of Titles (CT)?
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A: |
For private development and Executive Condominium development, once Certificate of Statutory Completion and Subsidiary Strata Certificate of Title or Certificates of Title are issued to all units of the development, the Housing Developer's Licence will cease to be in force and the project will no longer be under the ambit of the Housing Developers (Control & Licensing) Act and its Rules. For private development, the developer can then sell the remaining units without using the prescribed Option to Purchase and Sale and Purchase Agreement. However, for Executive Condominium development, HDB’s prior consent must be obtained. HDB may approve/consent to the sale of the remaining units without using the prescribed Option to Purchase and Sale and Purchase Agreement subject to such terms and conditions as it may deem fit.
As for public housing flats under the Design, Build and Sell Scheme, the Housing Developer’s Licence ceases to be in force upon the issue of Certificate of Statutory Completion for the whole development and strata lease plan is approved by the Chief Surveyor for all units in the development. Thereafter, HDB’s prior consent must be obtained if the prescribed Option to Purchase and Sale and Purchase Agreement are not being used and HDB may approve/consent to the sale of the remaining units without using the prescribed Option to Purchase and Sale and Purchase Agreement subject to such terms and conditions as it may deem fit.
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Commercial Properties |
Q3: |
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A: |
The Act regulates the sale of separate units of commercial properties in a building comprising more than 4 separate units and is intended for strata subdivision, before the Certificate of Statutory Completion and the Subsidiary Strata Certificate of Title have been issued by Commissioner of Building Control and the Registrar of Titles respectively, for the commercial properties.
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Q4: |
Does the Sale of Commercial Properties Act apply to landed commercial property (eg landed terrace factory units) not intended for strata-subdivision?
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A: |
If the units are not intended for strata-subdivision under the Land Titles (Strata) Act, the Sale of Commercial Properties Act will not apply.
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FAQs on Prescribed Forms