Part of a comprehensive analysis of the Housing and Development Act 1959
All Parts in This Series
Vesting of Reversion and Estates in the Board and Approved Developer: Section 90
Section 90 of the Housing and Development Act 1959 addresses the vesting of property interests in housing accommodations developed by approved developers. It empowers the Minister to declare, by notification in the Gazette, that certain estates and reversions vest in the Housing and Development Board (the Board) or the approved developer. Specifically:
"At any time on or after the relevant date ... 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." — Section 90
Verify Section 90 in source document →
This provision exists to ensure clear ownership and control over the land and property interests associated with housing developments. By vesting the reversionary interest and estates in the Board and approved developers, the legislation facilitates effective management, maintenance, and regulatory oversight of housing accommodations. It also protects the public interest by ensuring that the Board retains ultimate control over the land, while allowing approved developers to hold leases of unsold units for sale.
Applicability of Part 4 Provisions to Housing Accommodation Sold by Approved Developers: Section 91
Section 91 extends the application of Part 4 of the Act, which governs flats sold by the Board, to housing accommodations sold by approved developers. The section states:
"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..." — Section 91
Verify Section 91 in source document →
This cross-application ensures consistency in the regulatory framework governing housing accommodations, regardless of whether they are sold directly by the Board or by approved developers. It harmonises the rights and obligations of purchasers and developers, thereby promoting fairness and uniformity in housing transactions.
Additionally, Section 91(4) defines "existing law" as:
"any written law having effect as part of the law of Singapore immediately before 15 September 2005." — Section 91(4)
Verify Section 91 in source document →
This definition clarifies the temporal scope of laws applicable to transactions under this Part, ensuring legal certainty.
Eligibility Criteria for Purchasers and Consequences of Ineligibility: Section 92
Section 92 sets out the eligibility requirements for purchasers of housing accommodations sold by approved developers and the consequences if a purchaser is found ineligible. It provides:
"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." — Section 92(1)
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"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)." — Section 92(2)
Verify Section 92 in source document →
The purpose of these provisions is to maintain the integrity of the public housing scheme by ensuring that only eligible persons, as defined under Part 4, can purchase housing accommodations from approved developers. This prevents circumvention of eligibility rules and protects the allocation of subsidised housing to intended beneficiaries. The prohibition on registration under the Land Titles Act 1993 for ineligible purchasers further enforces compliance and prevents improper transfer of ownership.
Handling of Purchaser’s Death Before Temporary Occupation Permit: Section 93
Section 93 deals with the unfortunate event where a purchaser dies before the relevant date, typically before the issuance of a Temporary Occupation Permit (TOP) for the housing accommodation. It provides:
"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." — Section 93
Verify Section 93 in source document →
This provision exists to provide a clear and fair mechanism for dealing with the death of a purchaser prior to completion of the housing transaction. It protects the interests of the deceased’s estate by ensuring refunds are made, while also allowing the developer to recover reasonable costs. The Minister’s power to direct otherwise provides flexibility to address exceptional circumstances.
Minister’s Power to Make Rules: Section 94
Section 94 grants the Minister the authority to make rules necessary or expedient for carrying out the purposes and provisions of this Part. It states:
"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." — Section 94
Verify Section 94 in source document →
This provision is essential for the effective administration and enforcement of the Part. It allows the Minister to prescribe detailed procedural and operational rules, ensuring that the legislative intent is realised in practice and that emerging issues can be addressed promptly through subsidiary legislation.
Cross-References to Other Legislation
The provisions in this Part interact with other statutes to form a cohesive legal framework:
- Land Titles Act 1993: Section 92(2) references this Act by prohibiting ineligible purchasers from presenting assurances for registration, thereby linking eligibility under the Housing and Development Act to land title registration procedures.
- Part 4 of the Housing and Development Act 1959: Sections 91 and 92 apply provisions governing flats sold by the Board to housing accommodations sold by approved developers, ensuring consistency in eligibility and other regulatory matters.
Summary
The provisions in this Part of the Housing and Development Act 1959 establish a comprehensive framework governing the sale and management of housing accommodations by approved developers. They ensure that ownership interests are properly vested, eligibility criteria are strictly enforced, and procedural safeguards are in place for exceptional circumstances such as the death of a purchaser. The Minister’s rule-making power and cross-references to other legislation provide the necessary flexibility and integration to uphold the objectives of Singapore’s public housing policy.
Sections Covered in This Analysis
- Section 90 – Vesting of reversion and estates
- Section 91 – Applicability of Part 4 provisions
- Section 92 – Eligibility criteria for purchasers and registration restrictions
- Section 93 – Handling purchaser’s death before relevant date
- Section 94 – Minister’s power to make rules
- Section 91(4) – Definition of "existing law"
Source Documents
For the authoritative text, consult SSO.