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Contents  

Long Title

Part I PRELIMINARY

Part II ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF BOARD

Part III FUNCTIONS, DUTIES, PROPERTIES AND OFFICERS OF BOARD

Part IV SALE OF FLATS, HOUSES OR OTHER BUILDINGS

Part IVA UPGRADING WORKS IN PRECINCTS

Part IVB DESIGN-BUILD-and-SELL SCHEME

Part V FINANCIAL PROVISIONS

Part VI MISCELLANEOUS

FIRST SCHEDULE Housing and Urban Development Company

SECOND SCHEDULE Jurong Town Corporation

Legislative History

Comparative Table

 
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Housing and Development Act
(CHAPTER 129)

(Original Enactment: Ordinance 11 of 1959)

REVISED EDITION 2004
(31st July 2004)
An Act to constitute a Housing and Development Board for Singapore.
[1st February 1960]
PART I
PRELIMINARY
Short title
1.  This Act may be cited as the Housing and Development Act.
Interpretation
2.
—(1)  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 IV; or
(b)
authorised in writing by the Board to reside therein except that, where such a person has entered, stayed or remained in Singapore in contravention of any provision of any written law relating to immigration, he shall be 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 shall 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 (Cap. 36);
“Chairman” means the Chairman of the Board;
“Chief Executive Officer” means the Chief Executive Officer appointed under section 38;
“Collector” has the same meaning as in the Land Revenue Collection Act (Cap. 155);
“commercial property” means any flat, house or building or any part thereof which is permitted to be used pursuant to the Planning Act (Cap. 232) 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 (Cap. 50);
“Jurong Town Corporation” means the Jurong Town Corporation established by the Jurong Town Corporation Act (Cap. 150);
“lease” includes an agreement for a lease;
“Master Plan” has the same meaning as in the Planning Act;
“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.
[13/75; 25/79; 12/82; 21/86; 7/97; 17/2001; 11/2003]
(2)  References in this Act to a flat, house or other living accommodation shall be construed to include references to the land appurtenant to the flat, house or other living accommodation.
(3)  In any other written law and in any other document whatsoever, unless the context otherwise requires, any reference to the Singapore Improvement Trust shall, except in respect of its planning functions, be construed as a reference to the Board.
PART II
ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF BOARD
Establishment and incorporation of Housing and Development Board
3.  There is hereby established a body to be known as the Housing and Development Board which is a body corporate and has perpetual succession and may sue and be sued in its corporate name.
Common seal
4.
—(1)  The Board shall have a common seal and that seal may from time to time be broken, changed, altered and made anew as the Board considers fit.
(2)  Subject to subsection (3), all deeds, documents and other instruments requiring the seal of the Board shall be sealed with the seal of the Board in the presence of the Chairman, or the Deputy Chairman, or a member of the Board, and an officer of the Board authorised by the Board in that behalf, who shall sign every such deed, document or other instrument to which the seal is affixed, and such signing shall be sufficient evidence that the seal was duly and properly affixed and that it is the lawful seal of the Board.
[13/75]
(3)  All deeds, documents and other instruments which relate to the sale, lease, assignment, mortgage or assurance whatsoever of any premises sold under the provisions of this Act may be sealed with the seal of the Board in the presence of any officer of the Board duly authorised by the Board to act in that behalf who shall sign every such deed, document or other instrument to which the seal is affixed, and such signing shall be sufficient evidence that the seal was duly and properly affixed and that it is the lawful seal of the Board.
[13/75]
(4)  Section 11 of the Registration of Deeds Act (Cap. 269) shall not apply to any instrument purporting to have been executed under subsection (2) or (3).
[13/75]
Rules as to execution of documents
5.  The Board may, with the approval of the Minister, make rules in regard to the execution of instruments of any description, the issue of any document and the signing of cheques and as to the proof of documents purporting to be executed, issued or signed by the Board or a member or an officer thereof.
Constitution of Board
6.
—(1)  The Board shall consist of —
(a)
a Chairman;
(b)
a Deputy Chairman; and
(c)
not less than 3 but not more than 10 other members,
all of whom shall, subject to subsection (9), be appointed by the Minister and on such conditions as he may determine.
[28/89; 11/91]
(2)  The Minister may, subject to subsection (9), appoint the Chief Executive Officer to be a member of the Board.
[28/89; 11/91]
(3)  Members of the Board shall hold office for such period, not being more than 3 years from the date of their respective appointments, as the Minister may determine and shall be eligible for reappointment on completion of that period.
[28/89]
(4)  The Minister may appoint a person to be a temporary member of the Board during the incapacity from illness or otherwise of any member.
(5)  The Minister may appoint any member of the Board to be a temporary Chairman or temporary Deputy Chairman during the incapacity from illness or otherwise of the Chairman or the Deputy Chairman, as the case may be.
(6)  The Minister may, at any time, accept the resignation of any member of the Board appointed by him.
(7)  The Minister may, subject to subsection (9), at any time revoke the appointment of any member of the Board.
[11/91]
(8)  On the death, bankruptcy, inability to act, resignation, absence from Singapore for more than 3 months or revocation of the appointment of any member of the Board, the Minister may, subject to subsection (9), appoint a new member who shall hold office for so long as the member in whose place he is appointed would have held office.
[11/91]
(9)  No appointment under this section and no revocation of any such appointment shall be made without the President’s concurrence under Article 22A(1)(b) of the Constitution.
[11/91]
(10)  The Chairman may, by instrument in writing, authorise any member of the Board to exercise any power or perform any function, other than the functions referred to in section 4(2), conferred on the Chairman by or under this Act.
Disqualification from membership and vacation of office
7.
—(1)  No person shall be eligible to be appointed or to remain a member of the Board who —
(a)
is an undischarged bankrupt;
(b)
has been convicted of an offence by a court of law in Singapore and sentenced to imprisonment for a term of not less than 6 months and has not received a free pardon; or
(c)
is mentally disordered and incapable of managing himself or his affairs.
(2)  The office of a member of the Board shall become vacant —
(a)
on the death of the member;
(b)
if the member, without sufficient cause acceptable to the Minister, fails to attend 3 consecutive meetings of the Board;
(c)
if the member becomes subject to any of the disqualifications specified in subsection (1); or
(d)
if the member resigns his office.
Disclosure of interest in contract by member of Board
8.
—(1)  If any member of the Board has —
(a)
any beneficial interest in any land or building situated in an area comprised in any development or redevelopment plan or in any other project of the Board;
(b)
any beneficial interest in any company or undertaking with which the Board proposes to make any contract; or
(c)
an interest in any such contract,
he shall disclose to the Board the fact of his interest and the nature thereof.
(2)  The disclosure under subsection (1) shall be recorded in the minutes of the Board, and the member shall take no part in any deliberation or decision of the Board relating to that plan, project or contract.
Salaries, fees, etc., payable to members of Board
9.  There shall be paid to members of the Board, out of the funds of the Board, such salaries, fees and allowances or expenses as the Minister may from time to time determine.
Quorum
10.
—(1)  The quorum at all meetings of the Board shall be 4 of whom one shall be the Chairman or the Deputy Chairman, and, in the absence of the Chairman, the Deputy Chairman shall preside at its meetings.
(2)  A decision of the majority of the members of the Board present and voting at a meeting of the Board shall be deemed to be a decision of the Board.
(3)  In the event of the votes on any question being equal, the member presiding shall have a casting vote in addition to his original vote.
Vacancies
11.  The Board may, subject to section 10(1), act notwithstanding any vacancy in its membership.
Proceedings of Board
12.
—(1)  The Chairman or other officers authorised by him shall, subject to such standing orders as may be made by the Board as provided in subsection (2), summon all meetings of the Board for the despatch of business.
(2)  Subject to the provisions of this Act, the Board may make standing orders to regulate its own procedure and, in particular, the holding of meetings, the notice to be given of its meetings, the proceedings thereat, the keeping of minutes and the custody, production and inspection of the minutes.
PART III
FUNCTIONS, DUTIES, PROPERTIES AND OFFICERS OF BOARD
Functions and duties of Board
13.  Subject to the provisions of this Act, it shall be the function and duty of the Board —
(a)
to prepare and execute proposals, plans and projects for —
(i)
the erection, conversion, improvement and extension of any building for sale, lease, rental or other purpose;
(ii)
the clearance and redevelopment of slum and urban areas;
(iii)
the development or redevelopment of areas designated by the Minister;
(iv)
the development of rural or agricultural areas for the resettlement of persons displaced by operations of the Board or other resettlement projects approved by the Minister;
(b)
to manage all lands, houses and buildings or other property vested in or belonging to the Board;
(c)
to carry out all investigations and the surveys necessary for the performance of the functions and duties of the Board;
(d)
to provide loans, with the approval of the Minister, to enable persons to purchase —
(i)
any developed land or any housing accommodation sold under Part IVB; or
(ii)
any other land belonging to the Board for which planning permission to develop has been obtained under the Planning Act (Cap. 232),
or any part thereof upon a mortgage of that land;
(da)
to provide technical and consultancy services within or outside Singapore, in respect of matters within its expertise acquired in the exercise of its functions under this Act, and to act as an agent for the Government or, with the approval of the Minister, as an agent for another public authority in the provision of such services;
(e)
to exercise such powers and perform such duties as may from time to time be conferred on or delegated to the Board by or under the provisions of any written law; and
(f)
to do all such other matters and things as are necessary for the exercise or performance of all or any of the functions and duties of the Board.
[30/84; 16/95]
Symbol or representation of Board
13A.
—(1)  The Board shall have the exclusive right to the use of such symbol or representation as the Board may select or devise and thereafter display or exhibit in connection with its activities or affairs.
[21/2000]
(2)  Any person who uses a symbol or representation identical with that of the Board, or which so resembles the Board’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
[21/2000]
Use of name, etc., of Board
13B.
—(1)  The Board may conduct its operations under its full name or under the acronym HDB.
[21/2000]
(2)  A person other than the Board shall not —
(a)
use in connection with a business, trade, profession or occupation;
(b)
use as the name, or as part of the name, of any firm, body corporate or institution; or
(c)
use in relation to —
(i)
services or products; or
(ii)
the promotion, by any means, of the supply of services or products,
the name of the Board or the acronym HDB, or a name or acronym so closely resembling the name of the Board or the acronym HDB, as to be likely to be mistaken for it.
[21/2000]
(3)  Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
[21/2000]
Power to vary rate of interest payable under mortgage
14.
—(1)  Where loans are provided by the Board for the purchase of any property upon a mortgage of that property to the Board, whether such mortgage was entered into before or after 5th September 1986, the Board shall have the power, notwithstanding anything contained in the mortgage document, to vary the rate of interest payable under the mortgage upon giving the mortgagor one month’s notice of the Board’s intention to do so.
[21/86]
(2)  Any notice under subsection (1) shall be in writing and shall be deemed to be sufficiently served on the mortgagor if sent by ordinary post to the mortgagor at the address of the mortgaged property and shall be deemed to be served on the mortgagor at the time when the letter would, in the ordinary course of post, be delivered.
[21/86]
Power to incorporate private companies
15.
—(1)  The Board may, with the approval of the Minister, form or participate in the formation of any private company (referred to in this section as the company) having such object as may be approved by the Minister.
[28/89]
(2)  Notwithstanding the provisions of any written law for the time being in force relating to companies, there shall be registered with the memorandum of association of the company articles of association prescribing regulations for the company.
(3)  Such articles of association of the company shall contain, amongst other things, such provisions relating to —
(a)
the capital and share structure of the company;
(b)
the qualification, appointment, remuneration, powers and proceedings of directors;
(c)
dividends and reserve funds; and
(d)
the winding up of the company,
as may be directed by the Minister, and shall also provide that such employees of the Board as are transferred to the company shall enjoy salaries and conditions of service as near as may be to those on which they were employed by the Board.
(4)  The Board may, with the written approval of the Minister, grant loans to any company in which the Board holds any shares.
[28/89]
Gifts
16.  The Board may accept gifts, legacies or donations and apply them for any of its functions or duties.
Additional functions of Board
17.  In addition to the functions and duties imposed by this Act, the Board may undertake such other functions as the Minister may assign to the Board and, in so doing, the Board shall be deemed to be fulfilling the purposes of this Act and the provisions of this Act shall apply to the Board in respect of those functions.
Directions by Minister
18.
—(1)  The Minister may, after consultation with the Board, give to the Board general directions not inconsistent with the provisions of this Act and the Board shall give effect to all such directions.
(2)  The Board shall furnish the Minister with such information with respect to its property and activities as he may from time to time require.
Submission of proposals, plans and projects by Board
19.
—(1)  The Board shall from time to time prepare and submit to the Minister proposals, plans and projects showing the nature of the work proposed to be executed and other steps proposed to be undertaken by the Board under sections 13, 17 and 18.
(2)  The Minister may reject or approve any such proposal, plan or project or any part thereof either without modification or subject to such modification as he may think fit.
(3)  Every such proposal, plan or project submitted by the Board under this section shall be in such form and contain such particulars as the Minister may direct.
Contracts
20.
—(1)  The Board may, in accordance with standing orders made under this Act, enter into such contracts as are necessary for the discharge of its functions and duties.
(2)  In the case of contracts for the supply of goods or materials or for the execution of works, such standing orders shall —
(a)
require that, except as otherwise therein provided, notice of the intention to enter into such contracts shall be published and tenders invited; and
(b)
regulate the manner in which such notice shall be published and tenders invited.
(3)  A person entering into a contract with the Board shall not be bound to inquire whether the standing orders have been complied with and all such contracts, if otherwise valid, shall have full force and effect notwithstanding that the standing orders applicable thereto have not been complied with.
Protection of Board and employees from personal liability
21.  No matter or thing done and no contract entered into by the Board and no matter or thing done by any member or by any employee of the Board or other person whomsoever acting under the direction of the Board shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of carrying out the provisions of this Act, subject them or any of them personally to any action, liability, claim or demand whatsoever.
Power of Board to enter into agreements
22.  It shall be lawful for the Board to make and carry into effect any agreement whereby the Board undertakes to act as agent for the Government or any public authority in the erection of houses or other buildings, the carrying out of repairs, the collection of rents, in relation to any other services in connection with housing or buildings ancillary thereto or, with the approval of the Minister, in relation to any services not connected with housing or buildings ancillary thereto.
[41/98]
Power in respect of intellectual property rights
22A.  The Board may create, develop, apply for, acquire and hold intellectual property rights and enter into agreements (whether in Singapore or elsewhere) for the sale, licensing or commercial application of such rights, on its own or in conjunction with other persons.
Board may make ex gratia payments
23.  The Board may, with the approval of the Minister, make an ex gratia payment to any person sustaining any damage by reason of the exercise of any of the powers vested in the Board or its employees under and by virtue of this Act.
Power to purchase, sell, lease and exchange lands, etc.
24.
—(1)  The Board may, with the approval of the Minister, purchase or lease any land required for any of the purposes of this Act.
(2)  The Board may, with the approval of the prescribed approving authority (except for monthly leases), sell, surrender, lease or exchange any land or building belonging to the Board, either in block or in parcels as may be found most convenient or advantageous.
[31/2002]
(3)  Subject to section 31, the Board may lease from month to month any land or building belonging to the Board at such rent and upon such terms and conditions as the Board thinks fit.
Compulsory acquisition of land
25.  [Act 28/89]
Compulsory acquisition of property before 15th April 1983 not to be called in question
26.
—(1)  Notwithstanding the repeal of section 25 by the Housing and Development (Amendment) Act 1989, no compulsory acquisition of any immovable property before 15th April 1983 shall be called in question in any court on the ground that the acquisition was not in compliance with the repealed section as in force before that date.
[28/89]
(2)  Any action or proceedings pending after 15th April 1983 in any court in respect of any matter to which subsection (1) applies shall be dismissed on application by any party, and the court may make such order as to costs as it thinks fit.
Power to make rules
27.
—(1)  The Board may, with the approval of the Minister, make rules prescribing anything that is to be prescribed and generally for carrying out the provisions of this Act.
(2)  Without prejudice to the generality of subsection (1), the Board may, with the approval of the Minister, make rules for or in respect of all or any of the following matters:
(a)
regulating the use and enjoyment of common property and open spaces in any land vested in or held in trust for the Board;
(b)
prohibiting or regulating the parking of vehicles on such common property or in such open spaces other than parking places;
(ba)
regulating the carrying out of any renovation in any flat, house or other building sold under this Act;
(bb)
prescribing the form or forms of the contract or agreement that shall be used by every owner of any such flat, house or other building and a purchaser other than the Board;
(bc)
prescribing the conditions which, if used in any contract or agreement between any owner of any such flat, house or other building and a purchaser other than the Board, shall be void;
(c)
prescribing that any act or omission in contravention of any rule shall be an offence punishable by a fine not exceeding $5,000;
(d)
prescribing the penalty (such penalty, if unpaid, to constitute a debt due to the Board and be recoverable as such) to be paid by the Board’s tenant or licensee, an owner of any flat, house or other living accommodation sold by the Board or an owner of any HUDC dwelling for late payment of any of the following moneys due to the Board:
(i)
rent;
(ii)
licence fees;
(iii)
maintenance fees;
(iv)
moneys due under any loan provided to such owner for his purchase of such HUDC dwelling, flat, house or other living accommodation; and
(e)
prescribing the penalty (such penalty, if unpaid, to constitute a debt due to the Board and be recoverable as such) to be paid by the person who leases a flat from the Board, for non-observance or non-compliance with any of the restrictions, conditions or requirements of the lease.
[28/89; 16/95; 41/98]
(2A)  Any rules made under subsection (2)(ba) may prescribe —
(a)
the procedure and fees relating to the application by and grant of a licence to a lessee or contractor to carry out any renovation in any such flat, house or other building;
(b)
the conditions of any such licence;
(c)
the deposit of security to the satisfaction of the Board for the due performance of all or any of the obligations imposed on the licensee by the licence or by this Act; and
(d)
the procedure for cancelling or suspending any such licence or forfeiting any such deposit of security, including a right of appeal to the Minister (whose decision shall be final) against any such proposed cancellation, suspension or forfeiture.
[41/98; 31/2002]
(3)  All rules made under the provisions of this Act shall be presented to Parliament as soon as possible after publication in the Gazette.
Powers of composition
27A.
—(1)  The Board or any officer of the Board who is authorised by the Board in that behalf may, in its or his discretion, compound any offence under this Act or any rules made under section 27 which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence —
(a)
one half of the amount of the maximum fine that is prescribed for the offence; or
(b)
a sum not exceeding $2,000,
whichever is the lower.
(1A)  On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.
(2)  The Board may, with the approval of the Minister, make rules prescribing the offences which may be compounded and the method and procedure by which such offences may be compounded.
[28/89]
(3)  All sums of money received for the composition of offences under this section shall be paid into the funds of the Board.
[28/89]
Liability of owners of vehicles for parking offences
27B.
—(1)  When a parking offence is committed, the person who, at the time of the commission of the offence, is the owner of the vehicle in respect of which the offence is committed shall be guilty of an offence under the rules made under section 27 in all respects as if he were the actual offender guilty of the parking offence unless the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.
[28/89]
(2)  Nothing in this section shall affect the liability of the actual offender except that, where a penalty has been imposed on or recovered from a person in relation to any parking offence, no further penalty shall be imposed on or recovered from any other person in relation thereto.
[28/89]
(3)  Notwithstanding subsection (1), no owner of a vehicle shall by virtue of this section be guilty of an offence if he —
(a)
within 7 days after service on him of a notice alleging that he has been guilty of the offence, furnishes by statutory declaration to the Board the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned;
(b)
satisfies the Board that he did not know and could not with reasonable diligence have ascertained such name and address; or
(c)
satisfies the court that he did not know and could not with reasonable diligence have ascertained such name and address.
[28/89]
(4)  A statutory declaration made under subsection (3)(a) if produced in any proceedings against the person named therein and in respect of the parking offence concerned shall be prima facie evidence that the person was in charge of the vehicle at all relevant times relating to such parking offence.
[28/89]
(5)  A statutory declaration which relates to more than one parking offence shall not be regarded as a statutory declaration under, or for the purposes of, subsection (3)(a).
[28/89]
(6)  In this section —
“owner”, in relation to a vehicle, includes —
(a)
every person who is the joint owner or part owner of the vehicle and any person who has the use of the vehicle under a hire-purchase agreement but not the owner under any such agreement;
(b)
the person in whose name the vehicle is registered except where the person has sold or otherwise disposed of the vehicle and has complied with the provisions of the rules applicable to him in regard to such sale or disposal; and
(c)
in the case of a vehicle in respect of which a general licence is issued under section 28 of the Road Traffic Act (Cap. 276), the person to whom the general licence is issued;