Part of a comprehensive analysis of the Housing and Development Act 1959
All Parts in This Series
Part 1 of the Housing and Development Act 1959: Short Title and Interpretation
Part 1 of the Housing and Development Act 1959 (the “Act”) lays the foundational framework for the entire legislation by establishing its short title and providing comprehensive definitions of key terms used throughout the Act. This section is critical for ensuring clarity, consistency, and precision in the interpretation and application of the Act’s provisions. It also identifies the principal entities involved, such as the Housing and Development Board (“Board”), and cross-references other relevant legislation, thereby situating the Act within Singapore’s broader legal and administrative context.
Short Title and Purpose of Part 1
The Act commences with a straightforward declaration of its short title:
"This Act is the Housing and Development Act 1959." — Section 1, Housing and Development Act 1959
Verify Section 1 in source document →
This provision exists to formally identify the legislation, facilitating easy reference and citation in legal, administrative, and public discourse. The short title is a standard legislative practice that ensures the Act is readily distinguishable from other statutes.
Comprehensive Definitions for Legal Clarity
Section 2 of the Act is the interpretative heart of Part 1, providing detailed definitions of terms that are essential for the proper understanding and implementation of the Act. The purpose of these definitions is to eliminate ambiguity and to ensure that all stakeholders—government officials, legal practitioners, developers, and the public—have a common understanding of the terminology used.
Key definitions include:
"In this Act, unless the context otherwise requires — 'authorised occupier' means a person who is — (a) named in an application made to the Board as the person who intends to reside in the flat, house or other living accommodation sold or to be sold by the Board under Part 4; or (b) authorised in writing by the Board to reside therein except that, where the person has entered, stayed or remained in Singapore in contravention of any provision of any written law relating to immigration, he or she is deemed not to be an authorised occupier from the date of contravention; 'Board' means the Housing and Development Board established under section 3; 'building' includes any house, flat, hut, shed, roofed enclosure or other accommodation, whether used for the purpose of human habitation or otherwise, and also any wall, fence, platform, staging gate, post, pillar, paling, frame hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure or foundation connected to the foregoing; 'buildings or works' includes waste materials, refuse and other matters deposited on land, and reference to the erection or construction of buildings or works is to be construed accordingly; 'building operations' includes any building or erectional operations, rebuilding operations, structural alterations of or additions to buildings and other operations normally undertaken by a person carrying on business as a builder and the making of access roads, railways, waterworks, electrical installations and any road works preliminary or incidental to the erection of buildings; 'Central Provident Fund Board' means the Central Provident Fund Board constituted under section 3 of the Central Provident Fund Act 1953; 'Chairperson' means the Chairperson of the Board; 'Chief Executive Officer' means the Chief Executive Officer of the Board, and includes any individual acting in that capacity; 'Collector' has the meaning given by the Land Revenue Collection Act 1940; 'commercial property' means any flat, house or building or any part thereof which is permitted to be used pursuant to the Planning Act 1998 or any other written law for the purpose of carrying on any business or which is lawfully so used; 'common property' means so much of the developed land and all parts of the building as are not comprised in the flats in a building; 'developed land' means any land of the Board upon which a building has been erected; 'flat' means a horizontal stratum of any building or part thereof, whether the stratum or part is on one or more levels or is partially or wholly below the surface of the ground; 'Housing and Urban Development Company' means the Housing and Urban Development Company (Private) Limited incorporated in Singapore under the Companies Act 1967; 'Jurong Town Corporation' means the Jurong Town Corporation established by the Jurong Town Corporation Act 1968; 'lease' includes an agreement for a lease; 'Master Plan' has the meaning given by the Planning Act 1998; 'officer' means an officer of the Board; 'owner', in relation to any property sold by the Board, includes a person who has purchased a leasehold interest in the property and also includes a purchaser under an agreement for a lease." — Section 2(1), Housing and Development Act 1959
Verify Section 2 in source document →
These definitions serve several important purposes:
- Legal Precision: By defining terms such as “authorised occupier,” “Board,” “building,” and “lease,” the Act ensures that these terms have a uniform meaning, reducing the risk of misinterpretation or dispute.
- Scope Clarification: The inclusion of broad terms like “building operations” and “commercial property” clarifies the scope of the Act’s application, encompassing various types of construction and property use.
- Administrative Identification: Defining entities such as the “Chairperson,” “Chief Executive Officer,” and “officer” of the Board establishes the roles and responsibilities within the Board’s governance structure.
- Inter-agency Coordination: References to other statutory bodies like the “Central Provident Fund Board” and “Jurong Town Corporation” facilitate coordination and integration of housing policies with other government functions.
Why These Definitions Are Essential
The Act’s definitions are foundational because housing development involves complex interactions between government agencies, private developers, and residents. Precise definitions ensure that:
- Only authorised persons can occupy Board properties, safeguarding public housing integrity and compliance with immigration laws.
- The Board’s powers and duties are clearly delineated, preventing jurisdictional confusion.
- Legal documents, contracts, and enforcement actions are based on a shared understanding of key terms.
- Cross-references to other legislation are properly contextualised, ensuring that the Act operates harmoniously within Singapore’s legal framework.
Cross-References to Other Legislation
Part 1 also establishes important cross-references to other statutes, which embed the Housing and Development Act within Singapore’s broader legislative ecosystem. These cross-references ensure that the Act’s provisions are consistent with, and supported by, other laws governing related matters.
"'Central Provident Fund Board' means the Central Provident Fund Board constituted under section 3 of the Central Provident Fund Act 1953;" — Section 2(1), Housing and Development Act 1959
Verify Section 2 in source document →
"'Collector' has the meaning given by the Land Revenue Collection Act 1940;" — Section 2(1), Housing and Development Act 1959
Verify Section 2 in source document →
"'commercial property' means any flat, house or building or any part thereof which is permitted to be used pursuant to the Planning Act 1998 or any other written law for the purpose of carrying on any business or which is lawfully so used;" — Section 2(1), Housing and Development Act 1959
Verify Section 2 in source document →
"'Housing and Urban Development Company' means the Housing and Urban Development Company (Private) Limited incorporated in Singapore under the Companies Act 1967;" — Section 2(1), Housing and Development Act 1959
Verify Section 2 in source document →
"'Jurong Town Corporation' means the Jurong Town Corporation established by the Jurong Town Corporation Act 1968;" — Section 2(1), Housing and Development Act 1959
Verify Section 2 in source document →
Additionally, the Act clarifies the transition of functions from the Singapore Improvement Trust to the Board:
"In any other written law and in any other document whatsoever, unless the context otherwise requires, any reference to the Singapore Improvement Trust is, except in respect of its planning functions, to be construed as a reference to the Board." — Section 2(3), Housing and Development Act 1959
Verify Section 2 in source document →
This provision exists to ensure continuity and avoid legal uncertainty following the dissolution or restructuring of the Singapore Improvement Trust. It confirms that the Board inherits the Trust’s non-planning functions, thereby maintaining administrative coherence.
Absence of Penalties in Part 1
Notably, Part 1 does not prescribe any penalties for non-compliance. This is consistent with its role as an introductory and interpretative section rather than a substantive enforcement provision. Penalties and enforcement mechanisms are typically detailed in later parts of the Act that deal with specific offences and regulatory requirements.
Conclusion
Part 1 of the Housing and Development Act 1959 is indispensable for establishing the Act’s identity and interpretative framework. By defining key terms, identifying principal entities, and linking the Act to other relevant legislation, it provides the necessary legal clarity and coherence for the effective administration of Singapore’s public housing policies. The absence of penalties in this Part underscores its foundational nature, focusing on definitions and scope rather than enforcement.
Sections Covered in This Analysis
- Section 1 – Short Title
- Section 2(1) – Definitions of Key Terms
- Section 2(3) – Reference to Singapore Improvement Trust
Source Documents
For the authoritative text, consult SSO.