Long Title

Part I PRELIMINARY

Part II PROHIBITION ON PURCHASE OR ACQUISITION OF RESIDENTIAL PROPERTY BY FOREIGN PERSONS

Part III APPROVAL TO PURCHASE, ACQUIRE OR RETAIN RESIDENTIAL PROPERTY

Part IV MISCELLANEOUS

FIRST SCHEDULE Description of subdivided buildings

SECOND SCHEDULE Description of flats

Legislative History

Change of existing use to use for residential purposes
28.
—(1)  Where any foreign person is the owner or purchaser of any land other than residential property prior to 11th September 1973, or has after that date acquired or purchased any such land, that foreign person shall be required to make application to the Controller for the grant of approval to change the existing use of such land (whether it is land, a house, a building or other premises or part thereof) to use for any purpose other than industrial or commercial, prior to his making an application to the competent authority, appointed under the Planning Act (Cap. 232), for such change; and such foreign person shall not be granted permission under that Act for such change of use unless he has been granted approval by the Controller for the change.
[9/2006]
[35/2010 wef 17/01/2011]
(2)  The Controller may, with the approval of the Minister, grant approval under subsection (1) subject to such conditions as the Controller thinks fit, including all or any of the following:
(a)
that the applicant shall carry out and complete the development of the land within such period as may be determined by the Controller;
(b)
that the applicant —
(i)
shall not sell, assign, transfer, sublease or otherwise dispose of the land or any part thereof in its vacant or undeveloped state without the prior approval of the Controller, which may be granted with or without conditions; or
(ii)
shall sell all the flats or dwelling-houses in the development or, where the land comprises one or more buildings which have not been subdivided into units for sale, shall sell the whole development, to citizens or approved purchasers within a period of 2 years from the date of the issue by the relevant authority of a Temporary Occupation Permit or Certificate of Statutory Completion, whichever is the earlier, in respect of such flats, dwelling-houses or any of the buildings;
(c)
that, where the applicant is a company, limited liability partnership or society, no person who holds any shares in the company or who is a partner in the limited liability partnership or member of the society shall, without the approval of the Controller (which may be granted with or without conditions), sell, assign, transfer or otherwise dispose of any of his shares or any interest in such shares to any other person, or resign as such partner or member, as the case may be;
(d)
that the applicant shall provide such security as may be determined by the Controller for the purposes of complying with any condition imposed by the Controller;
(e)
that the applicant shall give an undertaking in writing to comply with the conditions imposed by the Controller.
[35/2010 wef 17/01/2011]
(3)  Subject to subsections (4) and (5), the Controller may extend any period referred to in subsection (2)(a) or (b)(ii) and may, in his discretion, dispense with the requirement to provide security referred to in subsection (2)(d).
[35/2010 wef 17/01/2011]
(4)  The Controller may, when extending any period referred to in subsection (2)(a) or (b)(ii), require the applicant to pay an extension charge of such amount as may be determined by the Controller.
[35/2010 wef 17/01/2011]
(5)  Any extension charge payable under subsection (4) need not bear any relationship to the cost of considering an application for and of granting an extension of any period referred to in subsection (2)(a) or (b)(ii).
[35/2010 wef 17/01/2011]
(6)  Where an applicant has failed to comply with any condition imposed by the Controller, the Controller may do all or any of the following:
(a)
in the case of a condition the compliance with which security has been provided under subsection (2)(d), the Controller may forfeit (in part or whole) the security provided by the applicant after giving 21 days’ notice in writing to the applicant of his intention to forfeit the security and the grounds thereof;
(b)
in the case of any condition referred to in subsection (2)(b)(i) relating to land or in subsection (2)(c) relating to shares in a company, the Controller may, by notice in writing, require the applicant to pay, within a specified period, a financial penalty of such amount (as the Controller thinks fit) not exceeding 50% of the market value of the land or shares concerned.
[35/2010 wef 17/01/2011]
(7)  The quantum of the financial penalty required to be paid under subsection (6)(b) shall take into account any security provided by the applicant under subsection (2)(d) and which has been forfeited under subsection (6)(a) in respect of the same contravention of any condition referred to in subsection (2)(b) or (c).
[35/2010 wef 17/01/2011]
(8)  Where an applicant is a company, limited liability partnership or society and the Controller is of the opinion that the failure of the applicant to comply with any condition referred to in subsection (2)(b)(i) or (c) was committed with the consent or connivance of, or was attributable to any neglect on the part of any person who is a director of the company, a partner of the limited liability partnership or a member of the governing body or board of trustees of the society, as the case may be, the Controller shall, together with the notice under subsection (6)(b) to the applicant, inform the person concerned of the Controller’s opinion, and that person shall then be jointly and severally liable with the company, limited liability partnership or society to pay the financial penalty imposed under subsection (6)(b).
[35/2010 wef 17/01/2011]
(9)  Any financial penalty payable by any applicant or any person under subsection (6)(b) or (8) shall be recoverable by the Controller as a debt due to the Controller from that applicant or person.
[35/2010 wef 17/01/2011]
(10)  Upon approving under subsection (1) a change of use by an applicant of its land subject to the condition referred to in subsection (2)(b)(i), the Controller shall immediately inform the Registrar who shall enter —
(a)
on the relevant volume and folio of the land-register in the Land Titles Registry of the Authority; or
(b)
in the books or other records maintained at the Registry of Deeds of the Authority,
as the case may be, a notice warning persons dealing with the registered proprietor named therein that the registered proprietor is prohibited from selling, assigning, transferring, subleasing or otherwise disposing of the land in its vacant or undeveloped state.
[35/2010 wef 17/01/2011]
(11)  The Registrar shall cancel the notice of warning referred to in subsection (10) if the Controller directs that the notice be cancelled; and the Controller shall make such a direction if he is satisfied that the Temporary Occupation Permit or the Certificate of Statutory Completion for the whole of the development has been issued by the relevant authority.
[35/2010 wef 17/01/2011]
(12)  No claim shall be made by any person against the Registrar for any loss or damage suffered if the notice referred to in subsection (10) is not entered on the land-register in the Land Titles Registry of the Authority or in the books or other records maintained at the Registry of Deeds of the Authority, as the case may be, or is cancelled pursuant to subsection (11).
[35/2010 wef 17/01/2011]
(13)  For the purpose of determining under subsection (6) the financial penalty for contravening a condition, “market value” —
(a)
in relation to land, means the market value of the land at the date of the contravention of the condition as assessed by an independent valuer appointed by the Controller; and
(b)
in relation to shares in a company, means the market value of the shares at the date of the contravention of the condition.
[35/2010 wef 17/01/2011]