Lesson 13 Flashcards
Who can become a Real Estate Developer in Singapore?
A housing developer can be:
a) A person
b) A group of persons or partnership
c) A society
d) A company
e) A limited liability partnership
What is an Uncompleted Property?
An uncompleted property refers to a building under construction that has not yet received a Temporary Occupation Permit (TOP) or Certificate of Statutory Completion (CSC).
Who cannot become a real estate developer?
Banks (e.g., DBS, OCBC, UOB, Hong Leong)
Insurers (e.g., AIA, Great Eastern, NTUC Income)
What must a developer do to proceed with a property development?
They must appoint an Architect or Professional Engineer and apply for Planning Permission and Written Permission from the Urban Redevelopment Authority (URA).
What types of properties can fall under building under construction?
- Residential
- Commercial / Industrial
What is Planning Permission?
Planning permission is required for development and building works, including any changes to the use of premises.
What type of applications fall under Development Application?
This application is for significant developments that require a detailed assessment by the planning authority.
What does a Minor Development Application cover?
It includes applications for renovations to existing landed houses, demolition works, or earthworks.
What is an Outline Application?
An outline application is a request for planning permission where only general details of the plan are provided, often used when the applicant seeks to establish whether a proposed development is likely to be permitted.
What is the purpose of extending Planning Permission?
This application allows developers to request an extension for previously granted planning permission that may be about to expire.
What does the Change of Use application involve?
This application is required when the intended use of a property is changing from one type to another (e.g., converting a residential property to commercial use).
What types of property are regulated under the Housing Developers (Control and Licensing) Act?
The act covers both residential developments and commercial/industrial properties.
How is “housing development” defined in the Housing Developers (Control and Licensing) Act?
Housing development refers to the business of:
a) Developing housing;
b) Providing money for developing or purchasing more than 4 units of housing;
c) A combination of both.
What role does the Controller of Housing play in regulation?
The Controller issues licenses (Sale License or No Sales License) for housing developments, such as condominiums, apartments, executive condominiums, or mixed residential and commercial developments.
What is the requirement before a developer can sell any lot?
The developer must file and have accepted a schedule of strata units with share values by the Commissioner of Buildings (BCA).
What financial requirements must a developer fulfill according to the Act?
The developer must open a Project Account and maintain audited accounts.
What is the timeframe for licensed housing developers to submit their audited accounts?
They must submit audited accounts to the Controller within 6 months.
What sales information must developers report and to whom?
Developers must provide sales information on a weekly basis to the Urban Redevelopment Authority (URA) through the Developer Survey System.
What activities are allowed for a Sale License Developer?
They can sell and construct properties.
What is required from a Sale License Developer under the Building Control Act?
They must provide a Building Approval Plan.
What must a Sale License Developer comply with regarding strata units?
They must have a Schedule of strata units accepted under the Building Maintenance and Strata Management Act.
What activities are allowed for a No Sale License Developer?
They are allowed to construct properties but cannot sell until they obtain a Temporary Occupation Permit (TOP).
What must a No Sale License Developer comply with regarding strata units?
Like Sale License Developers, they must also have a Schedule of strata units accepted under the Building Maintenance and Strata Management Act.
What is the minimum capital paid-up requirement for a project with 50 units or fewer?
The minimum capital paid-up requirement is S$1 million.
What is the minimum capital paid-up requirement for a project with 51 to 200 units?
The minimum capital paid-up requirement is S$2 million.
How much capital is required for projects with 201 to 400 units?
The minimum capital paid-up requirement is S$3 million.
What is the requirement for projects with more than 400 units?
The minimum capital paid-up requirement is S$4 million.
What is one of the criteria related to the track record for developers?
Developers must have completed satisfactorily either a licensed residential project or a reasonably sized residential project overseas within the past 5 years.
How is the past track record used to determine the size of a new housing project?
The size of the new project must correspond to the developer’s past project size (e.g., completing 10 or fewer units allows a new project of fewer than 50 units).
What must directors of a company applying for a Sale License ensure regarding bankruptcy?
Directors must not be un-discharged bankrupts.
What type of financial documentation is required for a Sale License application?
A copy of the latest audited accounts, verified by a statutory declaration.
What type of permission must be included in a Sale License application?
A valid provisional or written permission.
What letter is required from a financial institution when applying for a Sale License?
A letter confirming that a Project Account has been opened.
What financial guarantees can be provided instead of a Project Account letter?
A Banker’s Guarantee or Insurer’s Guarantee equivalent to at least 140% of the total cost of construction for the project.
What additional certification is required alongside a financial guarantee?
A certification of the total cost of construction by the architect.
What standard contracts are Sale License Developers required to use?
- Option to Purchase
- Sales and Purchase Agreement
Who can be a No Sale License Developer?
- Company
- Group of persons
- Partnership, Limited Partnership, or Limited Liability Partnership
- Society
What must be verified in the application form for a group of persons applying for a No Sale License?
A copy of the agreement made between the group of persons, verified by a statutory declaration.
What documentation is required from a society applying for a No Sale License?
A copy of the rules or by-laws of the society, verified by a statutory declaration.
What is the minimum paid-up capital requirement for a No Sale License?
S$100,000.
What additional financial documentation is necessary for a No Sale License Developer?
A copy of the latest audited accounts verified by a statutory declaration, along with a valid provisional or written permission.
What is required of every licensed housing developer under S9 of the HDCLA?
Every licensed housing developer must open a Project Account for each development, with each account representing one building project.
How many Project Accounts can a developer open for a project?
A developer may open more than one Project Account if:
(a) The building project is developed in phases; or
(b) The building project comprises both residential and commercial units.
What types of funds must be deposited into the Project Account?
The Project Account must contain purchasers’ money and construction loans.
In the event a developer goes bankrupt, what happens to the Project Account?
The Project Account is not part of the property of the licensed housing developer and will vest in the official receiver, trustee in bankruptcy, or liquidator.
What is the restriction on releasing money from the Project Account by the bank or finance company?
They shall not release any money unless it is for specific permitted purposes related to the project.
Under what conditions can money be withdrawn from the Project Account?
Money can only be withdrawn if:
i. The building project is completed with a Certificate of Statutory Completion (CSC) and legal completion for all units;
ii. The grant of Temporary Occupation Permit (T.O.P) has been received;
iii. A banker’s guarantee is provided in lieu of money; or
iv. Withdrawal of surplus money is allowed where there is no existing mortgage.
What is the timeline for meeting URA requirements for a show unit?
Requirements must be met no later than 5 clear working days before the show unit is made available for viewing.
What must be done regarding the actual depicted unit in a show unit?
A declaration must confirm that the show unit is built in accordance with the Show Unit Rules.
What is required for the floor plan of a show unit?
A drawn-to-scale floor plan of the show unit must be provided.
What should developers do about changes to the approved building plan?
Any changes must be communicated if made within 3 days.
What is prohibited in relation to show units?
There must be no misrepresentation regarding the show unit.
What must be included in the show unit?
Features like household shelters, cupboards, vanity units, cabinets, and wardrobes must be included.
What should be accurate in terms of materials used in the show unit?
The materials, finishes, fittings, equipment, installations, and appliances should be properly represented.
What is required if a partial show unit is presented?
No showing to buyers is allowed unless prior approval is obtained.
What is essential about the information and models presented around the building project?
Information, maps, plans, and models must be drawn to scale and accurately represent the location of the building project within a 500-metre radius.
What must a building project model show?
It must show all buildings and communal facilities, including:
Clubhouse
Swimming pool
Garden
Barbeque pit
Guard house
Electrical substation
Bin centre
What must be included regarding the approved building plan?
The approved building plan must include the approval number and approval date.
What must the show flat floor area be equivalent to?
The show flat floor area must equal the actual unit floor area.
What must be indicated if a show flat wall is removed?
The thickness, position, and width of the wall must be indicated.
What mandatory particulars must be included in advertisements for housing projects?
Advertisements must include:
a) Name and Licence Number of the Housing Developer
b) Tenure of the land and any encumbrances
c) Expected Vacant Possession Date
d) Expected date of legal title conveyed to purchasers
e) Location of the housing project with Lot number and Mukim/Town subdivision.
What information is prohibited in advertisements?
Advertisements must not contain:
a) Any reference to the patronage of the President or family members.
b) Any connection with a Government department, statutory body, or public places.
c) Attributes that the housing developer cannot genuinely claim.
What is the requirement regarding false or misleading information in advertisements?
There must be no false or misleading information in any advertisements for housing projects.
What is the booking fee for the Option to Purchase?
The purchaser pays a 5% booking fee for the Option to Purchase (Form 2).