On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 18/04/2013.
PART II
LICENSING OF HOUSING DEVELOPERS
4.
—(1) No housing development shall be carried out or undertaken in Singapore except by a housing developer who or which is in possession of a licence in writing from the Controller authorising it to do so.
(2) A housing developer that desires to carry out or undertake housing development in Singapore may apply to the Controller in the prescribed form for a licence and shall supply —
(a)
if a company, a copy of the memorandum of association and articles of association or other instrument under which the company is incorporated;
(b)
if a group of persons or a partnership, a copy of any agreement between those persons or the partnership agreement, as the case may be;
(c)
if a society, the rules or by-laws of the society;
(d)
if a limited liability partnership, a copy of its limited liability partnership agreement or, in the absence of such agreement in writing, any other document which sets out the mutual rights and duties of the partners of the limited liability partnership;
(e)
a copy of the latest balance-sheet of the partnership, society, company or limited liability partnership or, in the case of a person or group of persons, the balance-sheet, if any, relating to any housing development undertaken by the person or group of persons; and
(f)
such other information as may be required by the Controller.
(3) Any copy of any memorandum, articles of association, agreement, partnership agreement, limited liability partnership agreement or other document to that effect, rules or by-laws of a society or balance-sheet which is supplied to the Controller under subsection (2) shall be duly verified by a statutory declaration by the following person:
(a)
in the case of a company, by a senior officer of the company;
(b)
in the case of a partnership, by a partner;
(c)
in the case of a society, by the president or the secretary or person holding a position analogous to that of president or secretary;
(d)
in the case of a person or group of persons, by that person or by any person in the group of persons; and
(e)
in the case of a limited liability partnership, by its manager.
(4) Upon receiving an application under subsection (2), the Controller may, subject to section 5, grant a licence, with such conditions as may be imposed for carrying out the purposes of this Act or without conditions.
(5) The Controller may at any time vary or revoke any existing conditions of a licence or impose conditions or additional conditions:
Provided that —
(a)
the Controller shall, prior to any such action, notify his intention to take such action against the housing developer concerned and shall give the housing developer an opportunity to submit reasons or an explanation in writing why its licence should not be so amended;
(b)
any variation of the conditions, or additional conditions imposed, in exercise of the powers under this subsection, shall not have retrospective effect.
(6) Where a licence is subject to conditions, the housing developer concerned shall comply with the conditions of the licence.
(7) Any housing developer that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and shall also be liable to imprisonment for a term not exceeding 5 years.
(8) Any housing developer that fails to comply with any condition of its licence shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.
(9) Any housing developer that is aggrieved by a decision of the Controller under —
(a)
subsection (4) may, within 10 days of its being notified of the decision, appeal to the High Court in Singapore;
(b)
subsection (5) may, within 10 days of its being notified of the decision, appeal to the Minister whose decision shall be final.
5. No application by a housing developer for a licence shall be granted under section 4(4), in the case of a housing developer that —
(a)
is a company, if its capital issued and paid up in cash is less than $100,000;
(b)
consists of any person or group of persons, partnership, society or limited liability partnership, without a deposit of $100,000 in such form as may be determined by the Minister;
[17/2005 wef 15/07/2005]
[37/2008 wef 04/05/2009]
(c)
has an undischarged bankrupt in the case of —
(i)
a company, as director, manager or secretary or in a position analogous to that of a director, manager or secretary;
(ii)
a society, as president, secretary or treasurer or in a position analogous to that of president, secretary or treasurer;
(iii)
a partnership, as partner; or
(iv)
a limited liability partnership, as manager or in a position analogous to that of manager; or
(d)
consists of a person or group of persons, if the person or any person in the group of persons is an undischarged bankrupt:
Provided that the Minister may in his discretion waive all or any of the conditions set out in paragraph (a) or (b) or substitute for all or any of those conditions such other conditions as he may consider fit.
6.
—(1) Except with the consent in writing of the Controller, a person or body of persons (whether incorporated or unincorporated), not being a licensed housing developer, shall not assume or use in relation to a business or any part of a business carried on by him or them the words “housing developer” or any of its derivatives or any word indicating the carrying on of housing development.
[37/2008 wef 04/05/2009]
(2) Any person or body of persons, not being a licensed housing developer, who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.
7.
—(1) If any licensed housing developer —
(a)
is carrying on its business, in the opinion of the Controller, in a manner detrimental to the interests of its purchasers or to the public;
(b)
has insufficient assets to cover its liabilities;
(c)
is contravening any provisions of this Act or of any rules made thereunder; or
(d)
has ceased to carry on housing development in Singapore,
the Controller may revoke any licence granted to the licensed housing developer:
Provided that the Controller shall, prior to any such revocation, notify his intention to take such action against the licensed housing developer concerned and shall give the licensed housing developer an opportunity to submit reasons or an explanation why its licence should not be revoked.
(2) Where the licence of a housing developer has been revoked under subsection (1), the licensed housing developer may, within 30 days of being notified of the revocation, appeal against the revocation to the Minister whose decision shall be final and shall not be questioned in any court.