# legal_provisions

document_id: hbra-2015
provision_ref: s41
chapter: PART 7 - CODES OF PRACTICE AND ETHICS
section: 41
title: Use of codes of practice or ethics
content:
41. —(1) A person is not liable to any criminal proceedings by reason only that the person has failed to observe any code of practice or code of ethics issued or approved under section 40. (2) In any proceedings for an offence under this Act, a code of practice or code of ethics issued or approved under section 40 that is relevant to any matter which it is necessary for the prosecution to prove in order to establish the commission of the offence is admissible in evidence in the proceedings. (3) In determining for the purposes of any provision of this Act as to whether any activity or practice in or in relation to the conduct of human biomedical research or tissue banking activity is reasonable and in accordance with the generally accepted practices and principles of ethical conduct, regard must be had to any relevant code of practice or code of ethics issued or approved under section 40.


document_id: hbra-2015
provision_ref: s42
chapter: PART 8 - ENFORCEMENT POWERS
section: 42
title: Immediate stoppage of human biomedical research or tissue banking activity, etc.
content:
42. —(1) Where the Director‑General is of the opinion that any human biomedical research or tissue banking activity — ( a ) has given rise or is likely to give rise to a serious adverse event or to such other matter as may be prescribed; ( b ) is in contravention of — (i) any provision of this Act; or (ii) any relevant code of practice or code of ethics issued or approved under section 40; ( c ) is not being or has not been properly reviewed by an institutional review board appointed by the research institution; or ( d ) is contrary to the public interest, the Director‑General may, in writing, order the researcher and other persons conducting the human biomedical research or tissue banking activity to immediately stop all activities, or any part of the activities, relating to the human biomedical research or tissue bank, and direct the research institution, institutional review board, tissue bank or researcher (as the case may be) to take such precautionary, remedial or other measures as the Director‑General may specify. [Act 11 of 2023 wef 01/05/2023] (2) Where the Director‑General is of the opinion that an institutional review board is not discharging its duties in a proper or satisfactory manner, the Director‑General may do one or more of the following: ( a ) direct the research institution to suspend any human biomedical research for which the institutional review board was the reviewing authority; ( b ) direct the research institution to assign another appointed institutional review board to review any human biomedical research for which the institutional review board was the reviewing authority; ( c ) direct the research institution which appointed the institutional review board to — (i) remove or replace any member of the institutional review board; or (ii) dissolve the institutional review board. [Act 11 of 2023 wef 01/05/2023] (3) Where the Director‑General is of the opinion that a research institution or tissue bank is not discharging its duties under this Act, or as prescribed in regulations made under this Act, in a proper or satisfactory manner, the Director‑General may, by notification in the Gazette , prohibit the further conduct of any, all or specified types of human biomedical research or tissue banking activities (as the case may be) under the supervision and control of that research institution or tissue bank. [Act 11 of 2023 wef 01/05/2023] (4) Any person who contravenes an order, direction or notification given to him or her under subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction.


document_id: hbra-2015
provision_ref: s43
chapter: PART 8 - ENFORCEMENT POWERS
section: 43
title: Prohibiting person from conducting research or tissue banking activities
content:
43. —(1) The Director‑General may, by order in the Gazette , prohibit any person from conducting any, all or specified types of human biomedical research or tissue banking activities, as the case may be, if — ( a ) the person has been convicted of an offence under this Act; ( b ) the person has been convicted in Singapore or elsewhere of any offence involving fraud, dishonesty or moral turpitude; ( c ) the Director‑General is satisfied that the person is not of good reputation or character, or is otherwise unfit to conduct human biomedical research or tissue banking activities, as the case may be; or [Act 11 of 2023 wef 01/05/2023] ( d ) for medical reasons, the person is unable to perform his or her duties as a researcher, as assessed by a medical practitioner. [Act 11 of 2023 wef 01/05/2023] (2) Any person who conducts human biomedical research or tissue banking activity in contravention of a prohibition order made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both.


document_id: hbra-2015
provision_ref: s44
chapter: PART 8 - ENFORCEMENT POWERS
section: 44
title: Review of prohibition order
content:
44. —(1) A person who is the subject of a prohibition order made under section 43(1) may, on the payment of such fee as may be prescribed, apply to the Director‑General for the prohibition order to be reviewed. [Act 11 of 2023 wef 01/05/2023] (2) On receipt of an application under subsection (1), the Director‑General may revoke the prohibition order where the Director‑General is satisfied that the grounds on which the prohibition order was made no longer apply or have substantially changed, subject to such terms and conditions as the Director‑General thinks fit to impose. [Act 11 of 2023 wef 01/05/2023] (3) In determining the terms and conditions to be imposed upon the revocation of a prohibition order, the Director‑General must have regard to — ( a ) the character and fitness of the applicant to conduct human biomedical research or tissue banking activities; and ( b ) any other matter which the Director‑General considers relevant. [Act 11 of 2023 wef 01/05/2023] (4) No application to review a prohibition order under subsection (1) may be made to the Director‑General — ( a ) before the expiry of 12 months after the date on which the prohibition order was published in the Gazette ; and ( b ) more than once in any continuous period of 3 years. [Act 11 of 2023 wef 01/05/2023]


document_id: hbra-2015
provision_ref: s45
chapter: PART 8 - ENFORCEMENT POWERS
section: 45
title: Powers of entry, inspection and search, etc.
content:
45. —(1) An authorised officer may, at any time and without warrant, enter, inspect and search any premises and the facilities in the premises that are being used, or that the authorised officer has reasonable cause to believe are being used, for the conduct of any human biomedical research or tissue banking activity, for the purpose of — ( a ) investigating whether any provision of this Act has been or is being contravened; ( b ) investigating any complaint or matter in respect of which the Director‑General may take action under section 42; [Act 11 of 2023 wef 01/05/2023] ( c ) assessing whether the practices and procedures of a research institution, a researcher or an institutional review board in relation to any human biomedical research are in compliance with this Act and the regulations made under this Act; and ( d ) assessing whether the practices and procedures of a tissue bank in relation to any tissue banking activity are in compliance with this Act and the regulations made under this Act. (2) For the purposes of subsection (1), an authorised officer may — ( a ) inspect and make copies of and take extracts from, or require the occupier or any person having the management or control of, the premises to provide copies of or extracts from, any book, document, record or electronic material; ( b ) inspect and make copies of and take extracts from, or require the occupier or any person having the management or control of, the premises to provide copies of or extracts from, any medical record of any person who has been or who is being treated or examined at the premises, even though the prior consent of such person has not been obtained; ( c ) inspect any apparatus, appliance, equipment or instrument used or found in the premises; ( d ) inspect any test or procedure relating to any human biomedical research that has been or is being conducted in the premises; ( e ) inspect, test, examine, remove and detain any biological material or organism or any product of human biomedical research found in the premises; and ( f ) inspect, test, examine and remove any container, article and other thing that the authorised officer reasonably believes to contain or to have contained any biological material or organism or any product of human biomedical research that has been or is being conducted in the premises. (3) In the exercise of the powers and duties under this section, an authorised officer may be accompanied and assisted by a person authorised by the Director‑General under section 4(6) for the purposes of facilitating the exercise of such powers and duties. [Act 11 of 2023 wef 01/05/2023] (4) An authorised officer may seize from any premises or place — ( a ) any biological material or organism or any product of human biomedical research; or ( b ) any book, document, record, apparatus, appliance, equipment or instrument, which the authorised officer reasonably believes to be the subject matter of, or to be connected with the commission of, an offence under this Act. (5) Where any article or document has been seized under subsection (4) — ( a ) the authorised officer who seized the article or document must give written notice of the seizure to the person from whom it was seized, if the name and address of that person are known; ( b ) the article or document may be kept or stored in the premises or place where it was seized or may, at the authorised officer’s direction, be removed to any other place to be kept or stored; and ( c ) the authorised officer may — (i) mark, seal or label the article or document in such manner as the officer thinks fit for the purpose of indicating that it is under detention; and (ii) lock or seal the whole or part of the premises or place in which the article or document is being detained. (6) Any person who, without the authorised officer’s permission — ( a ) interferes, tampers with, removes or otherwise disposes of the article or document; ( b ) alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the authorised officer under subsection (5)( c )(i); or ( c ) opens, breaks or otherwise tampers with the lock or seal placed by the authorised officer on the whole or part of any premises or place under subsection (5)( c )(ii), 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 2 years or to both. (7) Any person who is present in any premises referred to in subsection (1) must render all necessary assistance and cooperation to the authorised officer as are necessary for an entry, inspection, investigation or otherwise for the exercise of his or her powers under this Act in relation to those premises. (8) An authorised officer may — ( a ) require any person — (i) to furnish any information within his or her knowledge; or (ii) to produce any book, document, record, electronic material, article or thing within his or her possession for inspection by the authorised officer and make copies of such book, document or other record, or to provide the authorised officer with copies of such book, document or other record; ( b ) examine orally any person supposed to be acquainted with the facts and circumstances of any serious adverse event, contravention or suspected contravention, or related safety issues with respect to any matter under this Act, and must — (i) reduce to writing any statement made by the person so examined who is bound to state truly the facts and circumstances with which the person is acquainted; (ii) read the statement over to the person so examined; and (iii) require the person so examined to sign the statement, after correction, if any; and ( c ) require, by written order, the attendance before the authorised officer of any person, being within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of matters under this Act, and that person must attend as so required. (9) Any person who — ( a ) obstructs, hinders or impedes an authorised officer in the exercise of the officer’s powers under this section; or ( b ) without reasonable excuse, fails to comply with any order or requirement of an authorised officer under this section or to produce any book, document, record, electronic material, article or thing which that person is required by or under this Act to produce to an authorised officer, 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 2 years or to both. (10) For the purposes of subsection (9), it is a reasonable excuse for a person to refuse or fail to furnish any information, produce any book, document or record or answer any question if doing so might tend to incriminate that person.


document_id: hbra-2015
provision_ref: s46
chapter: PART 8 - ENFORCEMENT POWERS
section: 46
title: Disposal of articles or documents
content:
46. —(1) Any article or document produced, detained or seized under section 45 must — ( a ) where the article or document is produced in any criminal trial, be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010; ( b ) where the owner of the article or document consents to its disposal, be deemed to be forfeited; or ( c ) in any other case — (i) be returned to the owner; or (ii) be reported to a Magistrate’s Court. (2) Where the report of any article or document produced, detained or seized under section 45 is made to a Magistrate’s Court under subsection (1)( c )(ii), the Magistrate’s Court may order the article or document — ( a ) to be forfeited; or ( b ) to be disposed of in such manner as the Magistrate’s Court thinks fit. (3) Subject to any order to the contrary by the Magistrate’s Court, any article or document forfeited or deemed to be forfeited under this section must be delivered to the Director‑General and must be disposed of in such manner as the Director‑General thinks fit. [Act 11 of 2023 wef 01/05/2023] (4) This section does not prejudice any right to retain or dispose of any property which may exist in law apart from this section.


document_id: hbra-2015
provision_ref: s47
chapter: PART 8 - ENFORCEMENT POWERS
section: 47
title: Information and identity of informers not to be disclosed
content:
47. —(1) Except as provided in subsection (3) — ( a ) no information disclosed by an informer for an offence under this Act may be admitted in evidence in any civil or criminal proceedings; and ( b ) no witness in any civil or criminal proceedings is obliged — (i) to disclose the name and address of any informer who has given information with respect to an offence under this Act; or (ii) to answer any question if the answer to the question would lead, or would tend to lead, to the discovery of the name or address of the informer. (2) If any document, record or thing which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which may lead to his or her discovery, the court must cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery. (3) If in any proceedings — ( a ) before a court for an offence under this Act, the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which the informer knew or believed to be false or did not believe to be true; or ( b ) other than that referred to in paragraph ( a ), the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the disclosure of the name of an informer, the court may permit inquiry and require full disclosure concerning the informer.


document_id: hbra-2015
provision_ref: s48
chapter: PART 8 - ENFORCEMENT POWERS
section: 48
title: Minister may appoint committee of inquiry under Inquiries Act 2007
content:
48. In addition to the matters on which the Minister may in writing appoint a committee of inquiry under section 9(1) of the Inquiries Act 2007, the Minister may in writing appoint a committee of inquiry under that section and direct the committee to inquire into — ( a ) any actual or suspected serious adverse event that has occurred; or ( b ) any contravention or suspected contravention of the requirements of this Act or any relevant code of practice or code of ethics, issued or approved under section 40, by a research institution, an institutional review board, a tissue bank or a researcher, as the case may be.


document_id: hbra-2015
provision_ref: s49
chapter: PART 8 - ENFORCEMENT POWERS
section: 49
title: Protected information
content:
49. —(1) If a person exercising any function under this Act obtains protected information relating to the research being conducted or to be conducted, that person must not disclose that protected information to any other person unless the disclosure — ( a ) is made with the written consent of the research institution responsible for the supervision and control of the research; ( b ) is for the purpose of the administration or enforcement of this Act; or ( c ) is in compliance with the requirement of any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions. (2) Any person 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 2 years or to both. (3) For the purposes of this section — ( a ) the reference to a person disclosing any protected information includes that person permitting any other person to have any access to any record, document or other thing containing that information which is in that person’s possession or control; and ( b ) “protected information” means information the disclosure of which would, or could reasonably be expected to disclose confidential information or to adversely affect a person or a research institution in relation to the research being conducted or to be conducted.


document_id: hbra-2015
provision_ref: s50
chapter: PART 8 - ENFORCEMENT POWERS
section: 50
title: Enhanced penalty for corporations
content:
50. Where a body corporate is convicted of an offence under this Act, the penalty that the court may impose shall be a fine not exceeding 2 times the maximum amount that the court could, but for this section, impose as a fine for that offence.


document_id: hbra-2015
provision_ref: s51
chapter: PART 8 - ENFORCEMENT POWERS
section: 51
title: Liability of employers for acts of employees
content:
51. —(1) Any act done or conduct engaged in by a person in the course of employment (called in this section the employee) is treated for the purposes of this Act as done or engaged in by the employer as well as by the employee, whether or not it was done or engaged in with the employer’s knowledge or approval. (2) In any proceedings for an offence under this Act brought against any person in respect of an act or conduct alleged to have been done or engaged in (as the case may be) by an employee of that person, it is a defence for that person to prove that he or she took such steps as were practicable to prevent the employee from doing the act or engaging in the conduct, or from doing or engaging in, in the course of the employee’s employment, acts or conduct (as the case may be) of that description. (3) This section does not apply to an employer which is the Government or a ministry or department of the Government.


document_id: hbra-2015
provision_ref: s52
chapter: PART 8 - ENFORCEMENT POWERS
section: 52
title: Offences by bodies corporate, etc.
content:
52. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer of the body corporate; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or a member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: hbra-2015
provision_ref: s53
chapter: PART 8 - ENFORCEMENT POWERS
section: 53
title: Composition of offences
content:
53. —(1) The Director‑General or any authorised officer authorised by the Director‑General may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. [Act 11 of 2023 wef 01/05/2023] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: hbra-2015
provision_ref: s54
chapter: PART 9 - APPEALS
section: 54
title: Appeal to Minister
content:
54. —(1) Any person who is aggrieved by — ( a ) any decision of the Director‑General in the exercise of any discretion vested in the Director‑General by or under this Act other than section 43; or [Act 11 of 2023 wef 01/05/2023] ( b ) any order made or direction given by the Director‑General under this Act other than section 43, may, within 14 days after being notified of the decision, order or direction, as the case may be, (or such longer period as the Minister may allow), appeal to the Minister in the prescribed manner. [Act 11 of 2023 wef 01/05/2023] (2) Any person who is aggrieved by any prohibition order made by the Director‑General under section 43 may, within 90 days after the date on which the order was published in the Gazette (or such longer period as the Minister may allow), appeal to the Minister in the prescribed manner. [Act 11 of 2023 wef 01/05/2023] (3) Any person who makes an appeal to the Minister under subsection (1) or (2) must, within the period specified in subsection (1) or (2) — ( a ) state as concisely as possible the circumstances under which the appeal arises, the issues and grounds for the appeal; and ( b ) submit to the Minister all relevant facts, evidence and arguments for or against the appeal, as the case may be. (4) Where an appeal has been made to the Minister under subsection (1) or (2), the Minister may require — ( a ) any party to the appeal; and ( b ) any person who is not a party to the appeal but appears to the Minister to have information that is relevant to the matters mentioned in subsection (1) or (2), to provide the Minister with all such information as the Minister may require (whether for the purpose of deciding if an Appeals Advisory Panel should be established or for determining the appeal), and any person so required to provide such information must provide it in such manner and within such period as may be specified by the Minister. (5) The Minister may reject any appeal of an appellant who fails to comply with subsection (3) or (4). (6) Unless otherwise provided by this Act or the Minister, where an appeal is lodged under this section, the decision, order, direction or other thing appealed against must be complied with until the determination of the appeal. (7) The Minister may determine an appeal under this section — ( a ) by confirming, varying or reversing any decision, order or direction of the Director‑General; or [Act 11 of 2023 wef 01/05/2023] ( b ) by directing the Director‑General to reconsider the Director‑General’s decision, order or direction, as the case may be. [Act 11 of 2023 wef 01/05/2023] (8) Before determining an appeal under subsection (7) and for the purpose of forming an opinion on which to base such determination, the Minister may consult such Appeals Advisory Panel established for the purpose of advising the Minister in respect of the appeal but, in making such determination, is not bound by such consultation. (9) The decision of the Minister in any appeal is final. (10) Every appellant must be notified of the Minister’s decision under subsection (7).


document_id: hbra-2015
provision_ref: s55
chapter: PART 9 - APPEALS
section: 55
title: Appeals Advisory Panel
content:
55. —(1) Where the Minister considers that an appeal lodged under section 54(1) or (2) involves issues of such nature or complexity that it ought to be considered and determined by persons with particular medical, scientific or other specialised knowledge, the Minister may establish an Appeals Advisory Panel, comprising one or more of such persons with particular medical, scientific or other specialised knowledge and such other persons as the Minister considers appropriate, to provide advice to the Minister with regard to the discharge of the Minister’s functions under section 54 in respect of any appeal that has been made to the Minister under section 54(1) or (2). (2) For the purposes of establishing an Appeals Advisory Panel, the Minister may do all or any of the following: ( a ) determine or vary the terms of reference of the Appeals Advisory Panel; ( b ) appoint persons to be the chairperson and other members of an Appeals Advisory Panel; ( c ) at any time remove the chairperson or other member of an Appeals Advisory Panel; ( d ) determine the procedure to be adopted by the Appeals Advisory Panel in considering any matter referred to it; ( e ) determine any other matters which the Minister considers incidental or expedient for the proper and efficient conduct of business by the Appeals Advisory Panel. (3) An Appeals Advisory Panel may regulate its proceedings as it considers appropriate, subject to the following: ( a ) the quorum for a meeting of the Appeals Advisory Panel is a majority of its members; ( b ) a decision supported by a majority of the votes cast at a meeting of the Appeals Advisory Panel at which a quorum is present is the decision of that Panel. (4) An Appeals Advisory Panel is independent in the performance of its functions.


document_id: hbra-2015
provision_ref: s56
chapter: PART 10 - MISCELLANEOUS
section: 56
title: Act binds Government
content:
56. —(1) Except as otherwise provided in subsection (2), this Act binds the Government and applies to the Government, including any human biomedical research conducted under the supervision and control of the Government. (2) Nothing in this Act renders the Government liable to prosecution for an offence under this Act. (3) To avoid doubt, no person is immune from prosecution for any offence under this Act by reason that the person is employed by, seconded to or engaged to provide services to the Government.


document_id: hbra-2015
provision_ref: s57
chapter: PART 10 - MISCELLANEOUS
section: 57
title: Power to exempt
content:
57. —(1) The Minister may, either generally or in a particular case, and subject to such conditions as the Minister may impose, exempt, either permanently or for such period as the Minister may think fit, from all or any of the provisions of this Act — ( a ) any person, research institution or tissue bank; ( b ) any class of persons, research institutions or tissue banks; ( c ) any ministry or department of the Government; ( d ) any human biomedical research or tissue banking activity; ( e ) any class of human biomedical research or tissue banking activity; ( f ) any human biological material or human tissue; or ( g ) any class of human biological material or human tissue. (2) In the exercise of the Minister’s powers under subsection (1), the Minister may consult any advisory committee appointed under section 5 but the Minister is not bound by such consultation.


document_id: hbra-2015
provision_ref: s58
chapter: PART 10 - MISCELLANEOUS
section: 58
title: Designation of persons by Minister
content:
58. —(1) The Minister may designate any of the persons specified in subsection (2) — ( a ) to hear and determine in the Minister’s place any appeal or a specific appeal under section 54; ( b ) to refer any appeal or a specific appeal to an Appeals Advisory Panel established under section 55(1); or ( c ) to exercise all or any of the Minister’s powers conferred under section 55 or 57, and any reference to the Minister in section 54, 55 or 57 includes a reference to the person so designated. (2) The following are the persons who may be designated by the Minister for the purposes of subsection (1): ( a ) the Second Minister (if any) for his or her Ministry; ( b ) any Minister of State or Senior Minister of State, for his or her Ministry.


document_id: hbra-2015
provision_ref: s59
chapter: PART 10 - MISCELLANEOUS
section: 59
title: Service of documents
content:
59. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, to the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the Director‑General or authorised officer giving or serving the document as the fax number for the service of documents on the individual; or [Act 11 of 2023 wef 01/05/2023] ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner, secretary or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or the unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office; ( c ) by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office; or ( d ) by sending it by email to the body corporate’s or unincorporated association’s last email address. (5) Service of a document under subsection (1) takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is addressed; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) This section does not apply to documents to be served in proceedings in court. (7) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business; “last email address” means — ( a ) the last email address given by the addressee concerned to the Director‑General or authorised officer giving or serving the document as the email address for the service of documents under this Act; or [Act 11 of 2023 wef 01/05/2023] ( b ) the last email address of the addressee concerned known to the Director‑General or the authorised officer giving or serving the document; [Act 11 of 2023 wef 01/05/2023] “residential address” means an individual’s usual or last known place of residence.


document_id: hbra-2015
provision_ref: s60
chapter: PART 10 - MISCELLANEOUS
section: 60
title: Jurisdiction of courts
content:
60. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: hbra-2015
provision_ref: s61
chapter: PART 10 - MISCELLANEOUS
section: 61
title: Protection from personal liability
content:
61. No liability is to lie personally against the Director‑General, any authorised officer or any other person authorised by or acting under the direction of the Director‑General who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act. [Act 11 of 2023 wef 01/05/2023]


document_id: hbra-2015
provision_ref: s62
chapter: PART 10 - MISCELLANEOUS
section: 62
title: Amendment of Schedules
content:
62. —(1) The Minister may at any time, by order in the Gazette , amend the First, Second, Third, Fourth or Fifth Schedule. (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provision as may be necessary or expedient.


document_id: hbra-2015
provision_ref: s63
chapter: PART 10 - MISCELLANEOUS
section: 63
title: Regulations
content:
63. —(1) The Minister may make regulations for carrying out the purposes and provisions of this Act and for prescribing anything which may be prescribed. (2) Without limiting subsection (1), the Minister may make regulations with respect to all or any of the following matters: ( a ) the duties of research institutions, appointing bodies of institutional review boards, and researchers; ( b ) the qualifications of researchers; ( c ) the composition, duties, procedures, responsibilities and powers of institutional review boards; ( d ) the duties and responsibilities, qualifications of and training to be received by members of institutional review boards; ( e ) the practices, procedures and other requirements for the conduct of human biomedical research or tissue banking activity, including — (i) the standards to be adhered to in the conduct of any human biomedical research or tissue banking activity; (ii) the procedures for the selection of research subjects for any biomedical research and for obtaining the appropriate consent for their participation as donors or subjects in such human biomedical research; (iii) the appropriate consent required for the participation of minors and other vulnerable persons as research subjects in human biomedical research; (iv) the records and documents to be maintained by research institutions, researchers or tissue banks and the information to be contained in such records and documents; (v) the furnishing to the Director‑General of such information, returns and reports as the Director‑General may require or as may be prescribed in connection with the administration and enforcement of this Act; and [Act 11 of 2023 wef 01/05/2023] (vi) the requirements pertaining to specific types of human biomedical research or tissue banking activity; ( f ) the procedures and requirements in relation to obtaining appropriate consent and the form of consent; ( g ) the requirements for the protection of the identity of individuals in relation to individually‑identifiable human biological material and health information; ( h ) the requirements in relation to the reporting of and investigations into any serious adverse event; ( i ) the duties, procedures, responsibilities and powers of inquiries committees; ( j ) the establishment of a scheme of accreditation for research institutions, researchers or institutional review boards (as the case may be) in relation to their compliance with the requirements of this Act; ( k ) the licensing of tissue banks and tissue banking activities; ( l ) the forms necessary for the administration of this Act; and ( m ) the fees and charges payable under or for the purposes of this Act. (3) The Minister may, in making any regulations, provide that any contravention of or failure to comply with any regulation shall be an offence punishable with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 2 years or with both.


document_id: hbra-2015
provision_ref: s64
chapter: PART 10 - MISCELLANEOUS
section: 64
title: Saving and transitional provisions for legacy human biological material
content:
64. —(1) This Act, with the exception of sections 30 (prohibited human biomedical research), 31 (restricted human biomedical research), 32 (commercial trading of human tissue prohibited) and 33 (advertisements relating to commercial trading of human tissue prohibited), does not apply to any legacy human biological material or any information derived from such material. (2) Despite subsection (1), regulations made under section 63 may provide for the requirements and conditions in relation to the use of legacy human biological material for human biomedical research that are different from the provisions of this Act. (3) In this section, “legacy human biological material” means — ( a ) any human biological material which has been removed from a human body, whether living or dead, at any time before 1 November 2019; ( b ) any biological material from the body of a dead person which has been stored for the purposes of human biomedical research at any time before 1 November 2019, and which has been rendered non‑identifiable within the meaning of section 27(3) at any time before 1 November 2019.


document_id: hbra-2015
provision_ref: s65
chapter: PART 10 - MISCELLANEOUS
section: 65
title: Saving and transitional provisions
content:
65. —(1) Every research institution which immediately before 1 November 2017 was supervising and controlling the conduct of human biomedical research may continue supervising and controlling the conduct of human biomedical research as if this Act had not been enacted for a period of 12 months after that day or for such other longer period as the Director‑General may in any particular case allow. [Act 11 of 2023 wef 01/05/2023] (2) Every person who immediately before 1 November 2017 was conducting any human biomedical research may continue conducting the research as if this Act had not been enacted for a period of 12 months after that day or for such other longer period as the Director‑General may in any particular case allow. [Act 11 of 2023 wef 01/05/2023] (3) For a period of 2 years after 1 November 2017, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of this Act as the Minister may consider necessary or expedient.


document_id: hcaja-1961
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “goods” includes baggage; “master” has the same meaning as in the Merchant Shipping Act 1995 and accordingly includes every person (except a pilot) having command or charge of a ship; “ship” includes any description of vessel used in navigation; “towage” and “pilotage”, in relation to an aircraft, mean towage and pilotage while the aircraft is waterborne.


document_id: hcaja-1961
provision_ref: s3
section: 3
title: Admiralty jurisdiction of General Division of High Court
content:
3. —(1) The admiralty jurisdiction of the General Division of the High Court shall be as follows, that is to say, jurisdiction to hear and determine any of the following questions or claims: ( a ) any claim to the possession or ownership of a ship or to the ownership of any share therein; ( b ) any question arising between the co-owners of a ship as to possession, employment or earnings of that ship; ( c ) any claim in respect of a mortgage of or charge on a ship or any share therein; ( d ) any claim for damage done by a ship; ( e ) any claim for damage received by a ship; ( f ) any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or of the wrongful act, neglect or default of the owners, charterers or persons in possession or control of a ship or of the master or crew thereof or of any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of a ship are responsible, being an act, neglect or default in the navigation or management of the ship, in the loading, carriage or discharge of goods on, in or from the ship or in the embarkation, carriage or disembarkation of persons on, in or from the ship; ( g ) any claim for loss of or damage to goods carried in a ship; ( h ) any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship; ( i ) subject to section 168 of the Merchant Shipping Act 1995 (which requires salvage disputes to be determined summarily by a District Court in certain cases), any claim — (i) under the Salvage Convention; (ii) under any contract for or in relation to salvage services; or (iii) in the nature of salvage other than a claim mentioned in sub‑paragraph (i) or (ii), or any corresponding claim in connection with an aircraft mentioned in subsection (3A); ( j ) any claim in the nature of towage in respect of a ship or an aircraft; ( k ) any claim in the nature of pilotage in respect of a ship or an aircraft; ( l ) any claim in respect of goods or materials supplied to a ship for her operation or maintenance; ( m ) any claim in respect of the construction, repair or equipment of a ship or dock charges or dues; ( n ) any claim by a master or member of the crew of a ship for wages and any claim by or in respect of a master or member of the crew of a ship for any money or property which, under any of the provisions of the Merchant Shipping Act 1995 is recoverable as wages or in the General Division of the High Court and in the manner in which wages may be recovered; ( o ) any claim by a master, shipper, charterer or agent in respect of disbursements made on account of a ship; ( p ) any claim arising out of an act which is or is claimed to be a general average act; ( q ) any claim arising out of bottomry; ( r ) any claim for the forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried, in a ship, or for the restoration of a ship or any such goods after seizure, or for droits of admiralty, together with any other jurisdiction connected with ships or aircraft which may be vested in the General Division of the High Court apart from this section. [40/2019; 27/2020] (2) The jurisdiction of the General Division of the High Court under subsection (1)( b ) includes power to settle any account outstanding and unsettled between the parties in relation to the ship, and to direct that the ship, or any share thereof, shall be sold, and to make such other order as the General Division of the High Court thinks fit. [40/2019] (3) For the purposes of subsection (1)( i )(ii) — ( a ) a claim for or in relation to salvage services includes a claim for services rendered in saving life from a ship or in saving cargo, apparel or wreck, that is authorised to be made in connection with a ship under paragraph 2 of Article 16 of the Salvage Convention or section 167 of the Merchant Shipping Act 1995; and ( b ) a claim under any contract for or in relation to salvage services includes a claim that arises under that contract, whether or not during the provision of such services. [27/2020] (3A) The reference in subsection (1)( i ) to any corresponding claim in connection with an aircraft is a reference to any claim, corresponding to any claim mentioned in sub‑paragraph (i) or (ii) of that provision, which is available under section 44 of the Air Navigation Act 1966 or any regulations made under that section. [27/2020] (4) Subsections (1) to (3A) shall apply — ( a ) in relation to all ships or aircraft, whether of Singapore or not and whether registered or not and wherever the residence or domicile of their owners may be; ( b ) in relation to all claims, wheresoever arising (including, in the case of cargo or wreck salvage, claims in respect of cargo or wreck found on land); and ( c ) so far as they relate to mortgages and charges, to all mortgages or charges, whether registered or not and whether legal or equitable, including mortgages and charges created under foreign law. [27/2020] (5) Nothing in subsection (4) shall be construed as extending the cases in which money or property is recoverable under any of the provisions of the Merchant Shipping Act 1995. (6) In this section, “Salvage Convention” means the International Convention on Salvage, 1989, including any revision to that Convention or any protocol to that Convention that may apply to Singapore from time to time, as set out in the Second Schedule to the Merchant Shipping Act 1995. [27/2020]


document_id: hcaja-1961
provision_ref: s4
section: 4
title: Mode of exercise of admiralty jurisdiction
content:
4. —(1) Subject to section 5, the admiralty jurisdiction of the General Division of the High Court may in all cases be invoked by an action in personam. [40/2019] (2) The admiralty jurisdiction of the General Division of the High Court may in the cases mentioned in section 3(1)( a ), ( b ), ( c ) and ( r ) be invoked by an action in rem against the ship or property in question. [40/2019] (3) In any case in which there is a maritime lien or other charge on any ship, aircraft or other property for the amount claimed, the admiralty jurisdiction of the General Division of the High Court may be invoked by an action in rem against that ship, aircraft or property. [40/2019] (4) In the case of any such claim as is mentioned in section 3(1)( d ) to ( q ), where — ( a ) the claim arises in connection with a ship; and ( b ) the person who would be liable on the claim in an action in personam (referred to in this subsection as the relevant person) was, when the cause of action arose, the owner or charterer of, or in possession or in control of, the ship, an action in rem may (whether or not the claim gives rise to a maritime lien on that ship) be brought in the General Division of the High Court against — ( c ) that ship, if at the time when the action is brought the relevant person is either the beneficial owner of that ship as respects all the shares in it or the charterer of that ship under a charter by demise; or ( d ) any other ship of which, at the time when the action is brought, the relevant person is the beneficial owner as respects all the shares in it. [2/2004; 40/2019] (5) In the case of a claim in the nature of towage or pilotage in respect of an aircraft, the admiralty jurisdiction of the General Division of the High Court may be invoked by an action in rem against that aircraft if at the time when the action is brought it is beneficially owned by the person who would be liable on the claim in an action in personam. [40/2019] (6) Notwithstanding anything in subsections (1) to (5), the admiralty jurisdiction of the General Division of the High Court shall not be invoked by an action in rem in the case of any such claim as is mentioned in section 3(1)( n ) unless the claim relates wholly or partly to wages (including any sum allotted out of wages or adjudged by a superintendent to be due by way of wages). [40/2019] (7) Where, in the exercise of its admiralty jurisdiction, the General Division of the High Court orders any ship, aircraft or other property to be sold, the General Division of the High Court shall have jurisdiction to hear and determine any question arising as to the title to the proceeds of sale. [40/2019] (8) In determining for the purposes of subsections (4) and (5) whether a person would be liable on a claim in an action in personam, it shall be assumed that he has his habitual residence or a place of business within Singapore.


document_id: hcaja-1961
provision_ref: s5
section: 5
title: Jurisdiction in personam of General Division of High Court in collision and other similar cases
content:
5. —(1) The General Division of the High Court shall not entertain an action in personam to enforce a claim to which this section applies unless — ( a ) the defendant has his habitual residence or a place of business within Singapore; ( b ) the cause of action arose within inland waters of Singapore or within the limits of the port of Singapore; or ( c ) an action arising out of the same incident or series of incidents is proceeding in the General Division of the High Court or has been heard and determined in the General Division of the High Court. [40/2019] (2) The General Division of the High Court shall not entertain an action in personam to enforce a claim to which this section applies until any proceedings previously brought by the claimant in any court outside Singapore against the same defendant in respect of the same incident or series of incidents have been discontinued or otherwise come to an end. [40/2019] [Act 25 of 2021 wef 01/04/2022] (3) Subsections (1) and (2) shall apply to counterclaims (not being counterclaims in proceedings arising out of the same incident or series of incidents) as they apply to actions in personam, but as if the references to the claimant and the defendant were respectively references to the claimant on the counterclaim and the defendant to the counterclaim. [Act 25 of 2021 wef 01/04/2022] (4) Subsections (1) to (3) shall not apply to any action or counterclaim if the defendant thereto submits or has agreed to submit to the jurisdiction of the General Division of the High Court. [40/2019] (5) Subject to subsection (2), the General Division of the High Court shall have jurisdiction to entertain an action in personam to enforce a claim to which this section applies whenever any of the conditions specified in subsection (1)( a ) to ( c ) are satisfied. [40/2019] (6) The Rules of Court relating to the service of process outside the jurisdiction shall make such provision as may appear to the rule‑making authority to be appropriate having regard to subsection (5). (7) The claims to which this section applies are claims for damage, loss of life or personal injury arising out of a collision between ships or out of the carrying out of or omission to carry out a manoeuvre in the case of one or more of 2 or more ships or out of non‑compliance, on the part of one or more of 2 or more ships, with the collision regulations. (8) In this section — “collision regulations” means the regulations made under section 100(2)( h ) of the Merchant Shipping Act 1995 and any regulations made under subsection (1) of section 41 of the Maritime and Port Authority of Singapore Act 1996 for or in respect of any of the matters mentioned in paragraph ( d ) of that subsection; “inland waters of Singapore” includes any part of the sea adjacent to the coast of Singapore certified by the Minister to be waters falling by international law to be within the territorial sovereignty of Singapore apart from the operation of that law in relation to territorial waters; “port of Singapore” means any place or places and any navigable river or channel leading into such place or places declared to be the port under section 3 of the Maritime and Port Authority of Singapore Act 1996 and “the limits of the port” means the limits thereof as defined in the declaration.


document_id: hcaja-1961
provision_ref: s6
section: 6
title: Wages
content:
6. Nothing in this Act shall be construed as limiting the jurisdiction of the General Division of the High Court to refuse to entertain an action for wages by the master or a member of the crew of a ship, not being a Singapore ship. [40/2019]


document_id: hcaja-1961
provision_ref: s7
section: 7
title: General Division of High Court not to have jurisdiction in cases falling within Rhine Convention
content:
7. —(1) The General Division of the High Court shall not have jurisdiction to determine any claim or question certified by the Minister to be a claim or question which, under the Rhine Navigation Convention of 7 October 1868 as revised by any subsequent Convention, falls to be determined in accordance with the provisions thereof. [40/2019] (2) Any proceedings to enforce a claim mentioned in subsection (1) which are commenced in the General Division of the High Court shall be set aside. [40/2019]


document_id: hcaja-1961
provision_ref: s8
section: 8
title: Saving
content:
8. —(1) Nothing in this Act shall affect section 172 of the Merchant Shipping Act 1995 (which relates to the power of a receiver of wreck to detain a ship in respect of a salvage claim). (2) Nothing in this Act shall authorise proceedings in rem in respect of any claim against the Government, or the arrest, detention or sale of — ( a ) any ship of which the beneficial interest is vested in the Government, or which is for the time being demised or subdemised to or in the exclusive possession of the Government; ( b ) any aircraft belonging to the Government; or ( c ) any cargo or other property belonging to the Government.


document_id: hcfa-1947
provision_ref: s2
section: 2
title: Power to make regulations
content:
2. —(1) With a view to protecting persons from danger in connection with the fumigation of premises and articles (including any ship or vehicle) with hydrogen cyanide, the Minister may make regulations with respect to such fumigation. (2) Without prejudice to the generality of subsection (1), such regulations may — ( a ) regulate the manner in which the hydrogen cyanide is to be generated and require the admixture therewith of any substance; ( b ) prohibit the carrying out of any such fumigation except by or under the supervision of persons having such training or experience as may be specified in the regulations and by such number of persons as may be so specified; ( c ) prohibit the carrying out of any such fumigation except by persons licensed to carry out the fumigation; ( d ) regulate the issue, suspension or cancellation of licences for the carrying out of any such fumigation and the terms and conditions subject to which they may be issued and the fees to be charged for the licences; ( e ) regulate the disposal of the residues of any substances used in the fumigation; and ( f ) for the purpose of preventing injurious effects resulting from such fumigation, impose temporary restrictions upon the use of any premises or article, and require such tests as may be specified in the regulations to be carried out after the fumigation. (3) Regulations made under this section shall not apply to any such fumigation carried out in the open air. (4) If any person contravenes any regulations made under this section, he shall be guilty of an offence and shall be liable on conviction in respect of each offence to a fine not exceeding $500. (5) All regulations made under this Act shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication and, if a resolution is passed pursuant to a motion notice of which has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of 3 months from the date when the regulations are so presented annulling the regulations or any part thereof as from a specified date, the regulations or such part thereof, as the case may be, shall upon the resolution being passed become void as from that date but without prejudice to the validity of anything previously done under the regulations or to the making of new regulations.


document_id: hcfa-1947
provision_ref: s3
section: 3
title: Notice to be given of accidents resulting from fumigation
content:
3. —(1) Whenever any accident which occasions loss of human life or personal injury occurs as the result of the fumigation of any premises or article, the person by whom, or by whose agent, the fumigation was carried out shall forthwith send or cause to be sent to the Minister notice of the accident and of the loss of human life or personal injury. (2) Every such person who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200.


document_id: hcfa-1947
provision_ref: s4
section: 4
title: Inquiry into accidents
content:
4. The Minister may direct an inquiry to be made by such person as he may appoint into the cause of any accident of which notice is required by this Act to be given to the Minister, and where it appears to the Minister either before or after the commencement of any such inquiry, that a more formal investigation of the accident and of the causes and circumstances of the accident is expedient, he may by order direct a formal investigation to be held, and with respect to inquiries and investigations made or held under this Act the following provisions shall have effect: ( a ) the Minister may, by the same or any subsequent order, appoint any person or persons possessing legal or special knowledge to assist in holding a formal investigation, or may direct such Magistrate or other person or persons as may be named in the order to hold such an investigation with the assistance of any assessor or assessors named in the order; ( b ) the persons holding any formal investigation (referred to in this section as the court) shall hold it in open court in such manner and under such conditions as they think most effectual for ascertaining the causes and circumstances of the accident, and for enabling them to make the report in this section mentioned; ( c ) the court shall have for the purposes of the investigation all the powers of a court of summary jurisdiction when acting as a court in hearing information for offences under this Act, and in addition the following powers: (i) they may enter and inspect any place or building the entry or inspection of which appears to them requisite for that purpose; (ii) they may by summons under their hands require the attendance of all such persons as they think fit to call before them and examine for that purpose, and may for that purpose require to be furnished to them answers or returns to such inquiries as they think fit to make; (iii) they may require the production of all books, papers and documents which they consider important for that purpose; (iv) they may administer an oath, and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination; ( d ) persons attending as witnesses before the court shall be allowed such expenses as would be allowed to witnesses attending before the General Division of the High Court, and in case of dispute as to the amount to be allowed, the dispute shall be referred by the court to the Registrar of the Supreme Court, who, on request under the hands of the members of the court, shall ascertain and certify the proper amount of the expenses; ( e ) if any person without reasonable excuse (proof of which shall lie on him) fails, after having had the expenses (if any) to which he is entitled tendered to him, to comply with any summons or requisition of the court holding an investigation under this Act, or prevents or impedes the court in the execution of its duty, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100, or, in the case of a failure to comply with a requisition for furnishing any return or producing any document, to a fine not exceeding $100 for every day on which the failure occurs or continues; ( f ) the person appointed to make an inquiry into any accident and the court holding an investigation of any accident under this section shall make a report to the Minister stating the causes of the accident and all the circumstances attending it, and containing any observations on the accident or on the evidence or on any matters arising out of the inquiry or investigation which he or they think right to include in the report, and the Minister shall cause every report so made to him to be made public in such manner as he thinks expedient. [40/2019]


document_id: hcfa-1947
provision_ref: s5
section: 5
title: Coroners’ inquiries on deaths from accidents
content:
5. —(1) Where a Coroner holds an inquiry upon the body of any person whose death may have been caused by any accident of which notice is required by this Act to be given to the Minister, the Coroner shall adjourn the inquiry unless some person on behalf of the Minister is present to watch the proceedings except that, if the accident has not occasioned the death of more than one person, and the Coroner has sent to the Minister notice of the time and place of holding the inquiry not less than 48 hours before the time of holding it, it shall not be imperative on him to adjourn the inquiry pursuant to this section if he thinks it is unnecessary to do so. (2) The Coroner before adjournment may take evidence to identify the body and may order the interment of the body. (3) The Coroner shall, at least 4 days before holding the adjourned inquiry, send to the Minister notice in writing of the time and place of holding the adjourned inquiry. (4) A person employed on behalf of the Minister shall be at liberty at any such inquiry to examine any witness, subject nevertheless to the order of the Coroner on points of law. (5) Where at any inquiry there is given evidence of any neglect having caused or contributed to an accident, the Coroner shall, if no person employed on behalf of the Minister is present at the inquiry, send to the Minister notice in writing of the neglect.


document_id: hcfa-1947
provision_ref: s6
section: 6
title: Power to apply this Act to fumigations with other gases
content:
6. The Minister may by order apply the provisions of this Act or such of those provisions as may be specified in the order to fumigation with any substance other than hydrogen cyanide in like manner as they apply to fumigation with hydrogen cyanide subject to such adaptations, if any, as may be necessary having regard to the nature of the substance.


document_id: hcoppa-2004
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “animal” does not include a human; [ Deleted by Act 11 of 2023 wef 01/05/2023 ] “Director‑General” means the Director‑General of Health; [Act 11 of 2023 wef 01/05/2023] “enforcement officer” means the Director‑General and any other public officer or any officer of any statutory authority who is appointed by the Director‑General under section 4 to be an enforcement officer for the purposes of this Act; [Act 11 of 2023 wef 01/05/2023] “human embryo” means any live embryo that — ( a ) has a human genome or an altered human genome; and ( b ) has been developing for less than 8 weeks since the appearance of 2 pro‑nuclei or the initiation of its development by other means; “human embryo clone” means any human embryo that is a genetic copy of another living or dead human, but does not include a human embryo created by the fertilisation of a human egg by human sperm; “human sperm” includes human spermatids; “prohibited embryo” means — ( a ) any human embryo that has been developing outside the body of a woman for a period of more than 14 days, excluding any period when the development is suspended; ( b ) any human embryo that was removed from the body of a woman by a person intending to collect a viable human embryo; or ( c ) such other thing as may be prescribed to be a prohibited embryo for the purposes of this Act; “prohibited practice” means any of the practices prohibited under Part 3. (2) For the purposes of establishing that a human embryo clone is a genetic copy of another living or dead human — ( a ) it is sufficient to establish that the set of genes in the nuclei of the cells of the living or dead human has been copied; and ( b ) it is not necessary to establish that the copy is an identical genetic copy. (3) For the purposes of the definition of “human embryo” in subsection (1), in working out the length of the period of development of a human embryo, any period when the development of the embryo is suspended is to be disregarded. (4) For the purposes of the definition of “human embryo clone” in subsection (1), a human embryo that results from the technological process known as embryo splitting is not to be taken as created by a process of fertilisation of a human egg by human sperm.


document_id: hcoppa-2004
provision_ref: s4
chapter: PART 2 - ADMINISTRATION
section: 4
title: Administration of Act
content:
4. —(1) The Director‑General is responsible for the administration and enforcement of this Act, subject to the general and special directions of the Minister. [Act 11 of 2023 wef 01/05/2023] (2) The Director‑General may in writing appoint any public officer or any officer of any statutory authority to be an enforcement officer for the purposes of this Act. [Act 11 of 2023 wef 01/05/2023] (3) Every enforcement officer must, when exercising his or her powers and carrying out his or her duties under this Act, comply with such general or special directions as may, from time to time, be given to him or her by the Director‑General. [Act 11 of 2023 wef 01/05/2023] (4) Every enforcement officer must, when exercising any of his or her powers under this Act — ( a ) if not in uniform, declare his or her office; and ( b ) on demand, produce to any person affected by the exercise of those powers such identification card as the Director‑General may direct to be carried by the enforcement officer when exercising such powers. [Act 11 of 2023 wef 01/05/2023] (5) Every enforcement officer appointed under subsection (2) is deemed to be a public servant within the meaning of the Penal Code 1871.


document_id: hcoppa-2004
provision_ref: s6
chapter: PART 3 - PROHIBITED PRACTICES
section: 6
title: No defence that human embryo clone could not survive
content:
6. It is not a defence to an offence under section 5 that the human embryo clone did not survive or could not have survived. Division 2 &#x2014; Other prohibited practices


document_id: hcoppa-2004
provision_ref: s7
chapter: PART 3 - PROHIBITED PRACTICES
section: 7
title:
Prohibition against developing human embryo created other than by fertilisation of human egg by human sperm

content:
7. A person must not develop any human embryo, that is created by a process other than the fertilisation of a human egg by human sperm, for a period of more than 14 days, excluding any period when the development of the embryo is suspended.


document_id: hcoppa-2004
provision_ref: s8
chapter: PART 3 - PROHIBITED PRACTICES
section: 8
title: Prohibition against developing human embryo outside body of woman for more than 14 days
content:
8. A person must not develop any human embryo outside the body of a woman for a period of more than 14 days, excluding any period when the development of the embryo is suspended.


document_id: hcoppa-2004
provision_ref: s9
chapter: PART 3 - PROHIBITED PRACTICES
section: 9
title: Prohibition against collecting viable human embryo from body of woman
content:
9. A person must not remove any human embryo from the body of a woman for the purpose of collecting a viable human embryo.


document_id: hcoppa-2004
provision_ref: s10
chapter: PART 3 - PROHIBITED PRACTICES
section: 10
title: Prohibition against certain uses of embryo
content:
10. A person must not — ( a ) place any human embryo in an animal; ( b ) place any human embryo in the body of a human, other than in a woman’s reproductive tract; or ( c ) place any animal embryo in the body of a human for any period of gestation.


document_id: hcoppa-2004
provision_ref: s11
chapter: PART 3 - PROHIBITED PRACTICES
section: 11
title: Prohibition against placing prohibited embryo in body of woman
content:
11. A person must not place any embryo in the body of a woman knowing that, or reckless as to whether, the embryo is a prohibited embryo.


document_id: hcoppa-2004
provision_ref: s12
chapter: PART 3 - PROHIBITED PRACTICES
section: 12
title: Prohibition against importing and exporting prohibited embryos
content:
12. A person must not knowingly — ( a ) import any prohibited embryo into Singapore; or ( b ) export any prohibited embryo out of Singapore.


document_id: hcoppa-2004
provision_ref: s13
chapter: PART 3 - PROHIBITED PRACTICES
section: 13
title: Prohibition against commercial trading in human eggs, human sperm and human embryos
content:
13. —(1) A person must not — ( a ) give or offer valuable consideration to another person; or ( b ) receive, or offer to receive, valuable consideration from another person, for the supply of any human egg, human sperm or human embryo. (2) Any contract or arrangement entered into by any person in contravention of subsection (1) is void. (3) Subsection (2) does not apply to or in relation to any contract or arrangement providing only for the reimbursement of any reasonable expenses incurred by a person in relation to the supply of any human egg, human sperm or human embryo. (4) To avoid doubt, any reference in this section to the supply of any human egg, human sperm or human embryo does not include the provision of any service for facilitating the donation and receipt of any human egg, human sperm or human embryo by receiving, storing, processing and subsequently implanting the donated human egg, human sperm or human embryo in the body of another human, whether or not for consideration. (5) In this section — “reasonable expenses” — ( a ) in relation to the supply of any human egg or human sperm, includes, but is not limited to, expenses relating to the collection, storage or transport of the egg or sperm; and ( b ) in relation to the supply of any human embryo, includes, but is not limited to, expenses relating to the storage or transport of the embryo; “valuable consideration”, in relation to the supply of any human egg, human sperm or human embryo by a person, includes any inducement, discount or priority in the provision of a service to the person, but does not include the payment of reasonable expenses incurred by the person in connection with the supply.


document_id: hcoppa-2004
provision_ref: s14
chapter: PART 4 - POWERS OF ENFORCEMENT
section: 14
title: Power of entry, inspection, search, seizure, etc.
content:
14. —(1) For the purpose of investigating whether any provision of this Act has been or is being contravened, an enforcement officer may, at any time and without warrant, enter, inspect and search any premises and the facilities in the premises that are being used, or that the enforcement officer has reasonable cause to believe are being used, for any prohibited practice. (2) In exercising his or her powers under subsection (1), an enforcement officer may — ( a ) inspect any apparatus, appliance, equipment or instrument used or found in those premises; ( b ) inspect, test, examine, remove and detain any sample of human, animal or plant tissue or any other substance or matter found in those premises; ( c ) inspect and make copies of and take extracts from, or require the person having the control or management of those premises or any other person found in those premises to provide copies of or extracts from, any book, document, record or electronic material that relates to, or that reasonably appears to relate to, any prohibited practice; ( d ) require the person having the control or management of those premises to provide such information as the enforcement officer may require in relation to — (i) any person involved in carrying out any prohibited practice in those premises; (ii) any prohibited practice that has been or is being carried out in those premises; (iii) any apparatus, appliance, equipment or instrument that has been or is being used in carrying out any prohibited practice in those premises; (iv) the source of any human, animal or plant tissue or any other substance or matter that has been or is being used in any such prohibited practice; or (v) any other matter that is relevant to the administration or enforcement of this Act; and ( e ) seize and remove from those premises any book, document, record, electronic material, apparatus, appliance, equipment, instrument, sample, human, animal or plant tissue or other substance or matter which the enforcement officer reasonably believes to be the subject matter of, or to be connected with the commission of, an offence under this Act. (3) Subject to subsection (4), any article seized or taken by an enforcement officer under subsection (2) may be retained by the Director‑General for a period of 6 months or such longer period as a Magistrate’s Court may, on application by an enforcement officer, allow. [Act 11 of 2023 wef 01/05/2023] (4) If, within the period allowed under subsection (3), proceedings are commenced against any person for an offence under this Act and the article so seized or taken is relevant to the proceedings, that article may be retained by the Director‑General until the conclusion of those proceedings. [Act 11 of 2023 wef 01/05/2023] (5) Where any person has been convicted of an offence under this Act, any article seized or taken by an enforcement officer under subsection (2) in respect of that offence may be destroyed, disposed of or otherwise dealt with in such manner as the Director‑General may think fit. [Act 11 of 2023 wef 01/05/2023] (6) Any person who — ( a ) without reasonable excuse, refuses or fails to comply with any requirement of an enforcement officer under this section; or ( b ) gives any false or misleading information when required to provide any information to an enforcement officer under this section, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: hcoppa-2004
provision_ref: s15
chapter: PART 4 - POWERS OF ENFORCEMENT
section: 15
title: Protection from personal liability
content:
15. No suit or other legal proceeding shall lie personally against the Director‑General, any enforcement officer or any other person acting under the direction of the Director‑General for anything which is in good faith done or intended to be done in the execution or purported execution of this Act. [Act 11 of 2023 wef 01/05/2023]


document_id: hcoppa-2004
provision_ref: s16
chapter: PART 5 - MISCELLANEOUS
section: 16
title: Obstructing enforcement officer in execution of duties
content:
16. Any person who obstructs, hinders or impedes an enforcement officer in the performance or execution of the enforcement officer’s duty or anything which the enforcement officer is authorised, empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: hcoppa-2004
provision_ref: s17
chapter: PART 5 - MISCELLANEOUS
section: 17
title: Offences by bodies corporate, etc.
content:
17. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer of the body corporate; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the part of a partner, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the unincorporated association shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “officer” — ( a ) in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner.


document_id: hcoppa-2004
provision_ref: s18
chapter: PART 5 - MISCELLANEOUS
section: 18
title: Offences
content:
18. Any person who contravenes section 5, 7, 8, 9, 10, 11, 12 or 13(1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both.


document_id: hcoppa-2004
provision_ref: s19
chapter: PART 5 - MISCELLANEOUS
section: 19
title: Consent to prosecute
content:
19. No prosecution in respect of any offence under this Act may be instituted except by or with the consent of the Public Prosecutor.


document_id: hcoppa-2004
provision_ref: s20
chapter: PART 5 - MISCELLANEOUS
section: 20
title: Jurisdiction of court
content:
20. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment for any such offence.


document_id: hcoppa-2004
provision_ref: s21
chapter: PART 5 - MISCELLANEOUS
section: 21
title: Service of documents
content:
21. —(1) Any notice, order or document required or authorised by this Act to be served on any person, and any summons issued by a court against any person in connection with any offence under this Act may be served on the person — ( a ) by delivering it to the person or to some adult member or employee of the person’s family or household at the person’s last known place of residence; ( b ) by leaving it at the person’s usual or last known place of residence or business in an envelope addressed to the person; ( c ) by sending it by registered post addressed to the person at the person’s usual or last known place of residence or business; or ( d ) in the case of an incorporated company, a partnership or a body of persons — (i) by delivering it to the secretary or other similar officer of the company, partnership or body of persons at its registered office or principal place of business; or (ii) by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business. (2) Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order, document or summons (as the case may be) would in the ordinary course of post be delivered. (3) In proving the service of any notice, order, document or summons effected under this section, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.


document_id: hcoppa-2004
provision_ref: s22
chapter: PART 5 - MISCELLANEOUS
section: 22
title: Regulations
content:
22. The Minister may make regulations for prescribing anything which may be prescribed under this Act and generally to give effect to the provisions of this Act, and for carrying out the purposes and provisions of this Act.


document_id: hda-1959
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
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 4; or ( b ) authorised in writing by the Board to reside therein except that, where the person has entered, stayed or remained in Singapore in contravention of any provision of any written law relating to immigration, he or she is 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 is to 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 1953; “Chairperson” means the Chairperson of the Board; “Chief Executive Officer” means the Chief Executive Officer of the Board, and includes any individual acting in that capacity; “Collector” has the meaning given by the Land Revenue Collection Act 1940; “commercial property” means any flat, house or building or any part thereof which is permitted to be used pursuant to the Planning Act 1998 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 1967; “Jurong Town Corporation” means the Jurong Town Corporation established by the Jurong Town Corporation Act 1968; “lease” includes an agreement for a lease; “Master Plan” has the meaning given by the Planning Act 1998; “officer” means an officer of the Board; “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. [13/2015; 5/2018] (2) References in this Act to a flat, house or other living accommodation are to 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 is, except in respect of its planning functions, to be construed as a reference to the Board.


document_id: hda-1959
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 3
title: Establishment and incorporation of Housing and Development Board
content:
3. A body called the Housing and Development Board is established, which is a body corporate and has perpetual succession and may sue and be sued in its corporate name.


document_id: hda-1959
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 4
title: Common seal
content:
4. —(1) The Board must 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 must be sealed with the seal of the Board in the presence of the Chairperson, or the Deputy Chairperson, or a member of the Board, and an officer of the Board authorised by the Board in that behalf, who must sign every such deed, document or other instrument to which the seal is affixed, and the signing is sufficient evidence that the seal was duly and properly affixed and that it is the lawful seal of the Board. (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 must sign every such deed, document or other instrument to which the seal is affixed, and the signing is sufficient evidence that the seal was duly and properly affixed and that it is the lawful seal of the Board. (4) Section 11 of the Registration of Deeds Act 1988 does not apply to any instrument purporting to have been executed under subsection (2) or (3).


document_id: hda-1959
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 5
title: Rules as to execution of documents
content:
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 of the Board.


document_id: hda-1959
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 6
title: Constitution of Board
content:
6. —(1) The Board consists of — ( a ) a Chairperson; and ( b ) at least 4 and not more than 14 other members, each of whom must be appointed by the Minister subject to subsection (10) and on any conditions as the Minister may determine. [35/2020] (2) The Minister may, subject to subsection (10), appoint a member of the Board to be the Deputy Chairperson. [35/2020] (3) The Minister may, subject to subsection (10), appoint the Chief Executive Officer to be a member of the Board. (4) Members of the Board hold office for the period, not being more than 3 years from the date of their respective appointments, that the Minister determines, and are eligible for re‑appointment on completion of that period. (5) The Minister may appoint an individual to act temporarily as a member of the Board (other than the Chairperson or the Deputy Chairperson) during any period, or during all periods, when any member — ( a ) is incapacitated from illness or otherwise; or ( b ) is absent from duty or Singapore. [35/2020] (6) The Minister may appoint a member of the Board to act temporarily as the Chairperson or the Deputy Chairperson during any period, or during all periods, when the Chairperson or the Deputy Chairperson, as the case may be — ( a ) is incapacitated from illness or otherwise; or ( b ) is absent from duty or Singapore. [35/2020] (7) The Minister may, at any time, accept the resignation of any member of the Board appointed by the Minister. (8) The Minister may, subject to subsection (10), at any time revoke the appointment of any member of the Board. (9) 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 (10), appoint a new member who is to hold office for so long as the member in whose place he or she is appointed would have held office. (10) No appointment under this section and no revocation of any such appointment may be made without the President’s concurrence under Article 22A(1)( b ) of the Constitution. (11) The Chairperson 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 Chairperson by or under this Act.


document_id: hda-1959
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 7
title: Disqualification from membership and vacation of office
content:
7. —(1) A person is not eligible to be appointed or to remain a member of the Board if the person — ( 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 ) has a mental disorder and is incapable of managing himself or herself or his or her affairs. [21/2008] (2) The office of a member of the Board becomes 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 or her office.


document_id: hda-1959
provision_ref: s8
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 8
title: Salaries, fees, etc., payable to members of Board
content:
8. There are to 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. [9


document_id: hda-1959
provision_ref: s9
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 9
title: Quorum
content:
9. —(1) The quorum at all meetings of the Board is one‑third of the total number of members in office, of whom one must be the Chairperson or the Deputy Chairperson, and, in the Chairperson’s absence, the Deputy Chairperson presides at its meetings. [29/2005; 35/2020] (2) A decision of the majority of the members of the Board present and voting at a meeting of the Board is deemed to be a decision of the Board. (3) In the event of the votes on any question being equal, the member presiding has a casting vote in addition to his or her original vote. [10


document_id: hda-1959
provision_ref: s11
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 11
title: Proceedings of Board
content:
11. —(1) The Chairperson or other officers authorised by him or her must, subject to such standing orders as the Board may make under subsection (2), summon all meetings of the Board for the despatch of business. (2) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, 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 at its meetings, the keeping of minutes and the custody, production and inspection of the minutes. [12 [5/2018]


document_id: hda-1959
provision_ref: s12
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 12
title: Functions and duties of Board
content:
12. Subject to the provisions of this Act, the functions and duties of the Board are — ( 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 Minister’s approval, to enable persons to purchase — (i) any developed land or any housing accommodation sold under Part 4B; or (ii) any other land belonging to the Board for which planning permission to develop has been obtained under the Planning Act 1998, or any part thereof upon a mortgage of that land; ( e ) 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 Minister’s approval, as an agent for another public authority in the provision of such services; ( f ) 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 ( g ) 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. [13 [29/2005; 18/2010]


document_id: hda-1959
provision_ref: s13
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 13
title: Symbol or representation of Board
content:
13. —(1) The Board has 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. (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. [13A


document_id: hda-1959
provision_ref: s14
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 14
title: Use of name, etc., of Board
content:
14. —(1) The Board may conduct its operations under its full name or under the acronym HDB. (2) A person other than the Board must 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. (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. [13B


document_id: hda-1959
provision_ref: s15
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 15
title: Power to vary rate of interest payable under mortgage
content:
15. —(1) Where loans are provided by the Board for the purchase of any property upon a mortgage of that property to the Board, whether the mortgage was entered into before or after 5 September 1986, the Board has the power, despite 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. (2) Any notice under subsection (1) must be in writing and is deemed to be sufficiently served on the mortgagor if sent by ordinary post to the mortgagor at the address of the mortgaged property and is deemed to be served on the mortgagor at the time when the letter would, in the ordinary course of post, be delivered. [14


document_id: hda-1959
provision_ref: s16
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 16
title: Power to incorporate private companies
content:
16. —(1) The Board may, with the Minister’s approval, form or participate in the formation of any private company (called in this section the company) having such object as the Minister may approve. (2) Despite the provisions of any written law for the time being in force relating to companies, there must be registered with the memorandum of association of the company articles of association prescribing regulations for the company. (3) The articles of association of the company must contain, among 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 the Minister may direct, and must also provide that the employees of the Board that are transferred to the company are to 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 Minister’s written approval, grant loans to any company in which the Board holds any shares. [15


document_id: hda-1959
provision_ref: s17
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 17
title: Gifts
content:
17. The Board may accept gifts, legacies or donations and apply them for any of its functions or duties. [16


document_id: hda-1959
provision_ref: s18
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 18
title: Additional functions of Board
content:
18. 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 is deemed to be fulfilling the purposes of this Act and the provisions of this Act apply to the Board in respect of those functions. [17


document_id: hda-1959
provision_ref: s19
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 19
title: Directions by Minister
content:
19. —(1) The Minister may, after consulting the Board, give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) The Board must provide the Minister with such information with respect to its property and activities as the Minister may require. [18


document_id: hda-1959
provision_ref: s20
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 20
title: Submission of proposals, plans and projects by Board
content:
20. —(1) The Board must 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 12, 18 and 19. (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 or she may think fit. (3) Every such proposal, plan or project submitted by the Board under this section must be in such form and contain such particulars as the Minister may direct. [19


document_id: hda-1959
provision_ref: s21
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 21
title: Contracts
content:
21. —(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, the standing orders must — ( a ) require that, except as otherwise therein provided, notice of the intention to enter into such contracts must be published and tenders invited; and ( b ) regulate the manner in which the notice must be published and tenders invited. (3) A person entering into a contract with the Board is not bound to inquire whether the standing orders have been complied with and all such contracts, if otherwise valid, have full force and effect even though the standing orders applicable to those contracts have not been complied with. [20


document_id: hda-1959
provision_ref: s22
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 22
title: Protection of Board and employees from personal liability
content:
22. 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. [21


document_id: hda-1959
provision_ref: s23
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 23
title: Power of Board to enter into agreements
content:
23. It is 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 Minister’s approval, in relation to any services not connected with housing or buildings ancillary thereto. [22


document_id: hda-1959
provision_ref: s24
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 24
title: Power in respect of intellectual property rights
content:
24. 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. [22A [18/2010]


document_id: hda-1959
provision_ref: s25
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 25
title: Board may make ex gratia payments
content:
25. The Board may, with the Minister’s approval, 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. [23


document_id: hda-1959
provision_ref: s26
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 26
title: Power to purchase, sell, lease and exchange lands, etc.
content:
26. —(1) The Board may, with the Minister’s approval, 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. (3) Subject to section 37, 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. [24


document_id: hda-1959
provision_ref: s27
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 27
title: Compulsory acquisition of property before 15 April 1983 not to be called in question
content:
27. —(1) Despite the repeal of section 25 by the Housing and Development (Amendment) Act 1989, no compulsory acquisition of any immovable property before 15 April 1983 may 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. (2) Any action or proceedings pending after 15 April 1983 in any court in respect of any matter to which subsection (1) applies is to be dismissed on application by any party, and the court may make such order as to costs as it thinks fit. [26


document_id: hda-1959
provision_ref: s28
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 28
title: Power to enter upon notice or under warrant
content:
28. —(1) The Board may, by one or more of its officers or persons authorised by the Board (called in this section an authorised officer and authorised person, respectively), enter any premises at any reasonable time, on giving 24 hours’ notice of its intention to do so to the owner or occupier of the premises, to do either or both of the following: ( a ) investigate whether any urgent repairs or works are required to be carried out in the premises; ( b ) carry out the urgent repairs or works. [13/2015] (2) There must be at least one authorised officer present in the premises at all times during the conduct of any investigation or carrying out of any urgent repairs or works under subsection (1) in those premises. [13/2015] (3) Before entering the premises under subsection (1), an authorised officer must produce, if so required — ( a ) his or her original identity card or such identification card as the Chief Executive Officer may direct to be carried by the authorised officer as proof of his or her identity; and ( b ) some duly authenticated document showing his or her authority. [13/2015] (4) If it is shown to the satisfaction of a Magistrate on sworn information in writing that there is reasonable ground for entry into the premises for either or both of the purposes specified in subsection (1) and — ( a ) that entry into the premises has been refused, or that refusal is apprehended; or ( b ) that the premises are unoccupied or the owner or occupier is temporarily absent, the Magistrate may by warrant authorise the Board by one or more authorised officers or authorised persons to enter the premises forcibly, if necessary. [13/2015] (5) The warrant continues in force until the purpose for which the entry is necessary has been satisfied. [13/2015] (6) There must be at least one authorised officer present in the premises at all times during the execution of the warrant. [13/2015] (7) If the owner or occupier is present when an authorised officer or authorised person seeks to execute the warrant, the authorised officer must — ( a ) identify himself or herself to the owner or occupier; ( b ) show the owner or occupier — (i) his or her original identity card or such identification card as the Chief Executive Officer may direct to be carried by the authorised officer as proof of his or her identity; and (ii) some duly authenticated document showing his or her authority; ( c ) show the owner or occupier the warrant; and ( d ) if required, give the owner or occupier a copy of the warrant. [13/2015] (8) If the owner or occupier is not present when entry under subsection (7) is sought, but some other person who appears to be in charge of the premises is present, then subsection (7) applies to that other person as if he or she were the owner or occupier. [13/2015] (9) An authorised officer or authorised person entering the premises under a warrant issued under subsection (4) may do all or any of the following: ( a ) break open any outer or inner door or window leading to the premises; ( b ) forcibly enter the premises and every part of the premises; ( c ) remove by force any obstruction to the entry. [13/2015] (10) An authorised officer or authorised person entering the premises under subsection (1), or under a warrant issued under subsection (4), may do either or both of the following: ( a ) take with him or her such other persons as may be necessary; ( b ) remove or demolish any fixtures or fittings in the premises if the removal or demolition is necessary for the conduct of any investigation or carrying out of any urgent repairs or works under this section. [13/2015] (11) If the premises are unoccupied at the time of entry, the authorised officer or authorised person must leave the premises as effectually secured against trespassers as he or she found the premises. [13/2015] (12) Subject to subsection (11), the Board is not liable to compensate the owner or occupier for any loss (including reinstatement costs) incurred by the owner or occupier, or for any damage caused to the premises, as a result of anything done with reasonable care and in good faith under subsection (10)( b ). [13/2015] (13) Where the Board has carried out any repairs or works in the premises under this section, the Board may recover from the owner, as a debt due to the Board, the costs incurred by the Board in respect of the repairs or works. [13/2015] (14) The Board must serve a written notice on the owner requiring payment of the costs recoverable under subsection (13), and the owner must make payment within one month after the date of the written notice or within such other period as the Board may specify in the written notice. [13/2015] (15) In this section and section 29, “premises” means any flat, house or other building sold, leased or rented out by the Board under this Act. [26A [13/2015]


document_id: hda-1959
provision_ref: s29
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 29
title: Power to enter without notice or warrant
content:
29. —(1) If there are reasonable grounds to believe in respect of any premises that there is an imminent danger which affects public safety or public health, the Board may, by one or more of its officers or persons authorised by the Board (called in this section an authorised officer and authorised person, respectively), enter the premises without warrant to do either or both of the following: ( a ) investigate whether any urgent repairs or works are required to be carried out in the premises to remove or prevent that danger; ( b ) carry out the urgent repairs or works. [13/2015] (2) There must be at least one authorised officer present in the premises at all times during the conduct of any investigation or carrying out of any urgent repairs or works under subsection (1) in those premises. [13/2015] (3) If the owner or occupier of the premises is present when an authorised officer or authorised person seeks to enter the premises, the authorised officer must show the owner or occupier — ( a ) such identification card as the Chief Executive Officer may direct to be carried by the authorised officer as proof of his or her identity; and ( b ) some duly authenticated document showing his or her authority. [13/2015] (4) If the owner or occupier is not present when entry under subsection (3) is sought, but some other person who appears to be in charge of the premises is present, then subsection (3) applies to that other person as if he or she were the owner or occupier. [13/2015] (5) An authorised officer or authorised person entering the premises under this section may do all or any of the following: ( a ) take with him or her such other persons as may be necessary; ( b ) break open any outer or inner door or window leading to the premises; ( c ) forcibly enter the premises and every part of the premises; ( d ) remove by force any obstruction to the entry; ( e ) remove or demolish any fixtures or fittings in the premises if the removal or demolition is necessary for the conduct of any investigation or carrying out of any urgent repairs or works under this section. [13/2015] (6) If the premises are unoccupied at the time of entry, the authorised officer or authorised person must leave the premises as effectually secured against trespassers as he or she found the premises. [13/2015] (7) Subject to subsection (6), the Board is not liable to compensate the owner or occupier for any loss (including reinstatement costs) incurred by the owner or occupier, or for any damage caused to the premises, as a result of anything done with reasonable care and in good faith under subsection (5)( e ). [13/2015] (8) Where the Board has carried out any repairs or works in the premises under this section, the Board may recover from the owner, as a debt due to the Board, the costs incurred by the Board in respect of the repairs or works. [13/2015] (9) The Board must serve a written notice on the owner requiring payment of the costs recoverable under subsection (8), and the owner must make payment within one month after the date of the written notice or within such other period as the Board may specify in the written notice. [26B [13/2015]


document_id: hda-1959
provision_ref: s30
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 30
title: Financial penalties
content:
30. —(1) Any financial penalty imposed on any person under this Act or any rules made under this Act must be paid to the Board and is recoverable by the Board as a debt due to the Board from that person. [13/2015] (2) Where a financial penalty is imposed on a person in relation to a licence or lease, the person’s liability to pay is not affected by the licence or lease ceasing, for any reason, to be in force. [13/2015] (3) The Board may, in any case it thinks fit, remit or refund, wholly or in part, any financial penalty payable under this Act or any rules made under this Act. [13/2015] (4) The power of the Board to impose a financial penalty under this Act or any rules made under this Act is exercisable only if the contravention in respect of which the financial penalty is imposed is not an offence under this Act or any of those rules. [26C [13/2015]


document_id: hda-1959
provision_ref: s31
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 31
title: Power to make rules
content:
31. —(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 limiting 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; ( c ) regulating the carrying out of any renovation in any flat, house or other building sold under this Act; ( d ) prescribing the form or forms of the contract or agreement that must be used by every owner of any such flat, house or other building and a purchaser other than the Board; ( e ) 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, are void; ( f ) prescribing that any act or omission in contravention of any rule (except a rule made under paragraph ( c )) shall be an offence punishable by a fine not exceeding $5,000; ( g ) 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 the owner’s purchase of such HUDC dwelling, flat, house or other living accommodation; ( h ) prescribing the financial penalty (not exceeding $5,000) 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; ( i ) prescribing a right to appeal to the Minister (whose decision is to be final) against any financial penalty imposed under this Act or any rules made under this Act and the appeal procedures. [18/2010; 13/2015] (3) Any rules made under subsection (2)( c ) 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; ( d ) the power of the Board to forfeit (in part or in whole) the security deposited by a licensee under any rule made under paragraph ( c ) for any contravention of any obligation imposed on the licensee by the licence or by this Act; ( e ) 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 is to be final) against any such proposed cancellation, suspension or forfeiture; ( f ) the power of the Board to impose a financial penalty not exceeding $10,000 on a licensee for contravention of any licence condition; and ( g ) that any act or omission in contravention of any rule made under subsection (2)( c ) shall be an offence punishable with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both. [13/2015] (3A) Any rules made under subsection (2)( i ) may prescribe — ( a ) that the Minister may designate the Second Minister (if any) for his or her Ministry to hear and determine, in the Minister’s place, any appeal or a specific appeal; and ( b ) that a reference to the Minister in any such rules includes a reference to the Second Minister so designated. [Act 19 of 2025 wef 05/12/2025] (4) Where any financial penalty is imposed under any rule made under subsection (3)( f ) on a licensee for contravening any licence condition, any security deposited by the licensee in respect of that licence under any rule made under subsection (3)( c ) is not to be forfeited under any rule made under subsection (3)( d ) for that contravention except to the extent to pay the financial penalty. [13/2015] (5) Any reference to a licence in subsections (3) and (4) includes a reference to a permit or a registration scheme authorising the carrying out of any renovation in any flat, house or other building sold under this Act. [13/2015] (6) All rules made under the provisions of this Act must be presented to Parliament as soon as possible after publication in the Gazette . [27


document_id: hda-1959
provision_ref: s32
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 32
title: Powers of composition
content:
32. —(1) The Board or any officer of the Board who is authorised by the Board in that behalf may, in its or his or her discretion, compound any offence under this Act or any rules made under section 31 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 $5,000, whichever is the lower. [29/2005; 13/2015] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [29/2005] (3) 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 the offences may be compounded. (4) All sums of money received for the composition of offences under this section must be paid into the Consolidated Fund. [27A [13/2015]


document_id: hda-1959
provision_ref: s33
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 33
title: Liability of owners of vehicles for parking offences
content:
33. —(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 31 in all respects as if the person 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. (2) Nothing in this section affects 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 to the parking offence. [28/89] (3) Despite subsection (1), no owner of a vehicle shall by virtue of this section be guilty of an offence if the owner — ( a ) within 7 days after service on the owner of a notice alleging that the owner has been guilty of the offence, provides 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 the owner did not know and could not with reasonable diligence have ascertained such name and address; or ( c ) satisfies the court that the owner did not know and could not with reasonable diligence have ascertained such name and address. (4) A statutory declaration made under subsection (3)( a ) if produced in any proceedings against the person named in the statutory declaration and in respect of the parking offence concerned is prima facie evidence that the person was in charge of the vehicle at all relevant times relating to the parking offence. (5) A statutory declaration which relates to more than one parking offence is not to be regarded as a statutory declaration under, or for the purposes of, subsection (3)( a ). (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 the person in regard to the 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 1961, the person to whom the general licence is issued; “parking offence” means an offence of parking a vehicle or of causing or permitting a vehicle to stand, wait or be parked in contravention of any rules made under section 31. [27B


document_id: hda-1959
provision_ref: s34
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 34
title: Power to make standing orders
content:
34. The Board may, with the approval of the Minister, and subject to the Public Sector (Governance) Act 2018, make standing orders providing for any matter in regard to which standing orders may be made under this Act and, in particular, for the following: ( a ) the method of entering into contracts by or on behalf of the Board; ( b ) the delegation of powers to officers of the Board; ( c ) the opening, keeping, closing and internal audit of accounts of the Board; ( d ) the conduct and discipline of officers of the Board; ( e ) loans and allowances or gratuities to officers of the Board; ( f ) housing accommodation for officers of the Board; ( g ) the professional and technical training of officers of the Board. [28 [5/2018]


document_id: hda-1959
provision_ref: s35
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 35
title: Appointment of committees and delegation of powers
content:
35. —(1) The Board may appoint from among its own members or other persons who are not members any number of committees consisting of members or other persons, or members and other persons, for purposes which, in the opinion of the Board, would be better regulated and managed by means of those committees. (2) The Board may, subject to any conditions or restrictions that it may impose, delegate to any such committee or the Chairperson or the Chief Executive Officer one or more of the functions, duties and powers by this Act vested in the Board, except the power to borrow money. [5/2018] (3) Any function, duty or power delegated under subsection (2) may be exercised or performed by such committee or the Chairperson or the Chief Executive Officer (as the case may be) in the name and on behalf of the Board. (4) The Board may, subject to any conditions or restrictions that it may impose, delegate to an employee of the Board one or more of the Board’s functions, duties and powers by this Act vested in the Board, except the power to borrow money or to raise or grant loans or advances to or subscribe to stocks, shares, bonds or debentures of a company or corporation. [5/2018] (5) A function, duty or power delegated under subsection (4) may be exercised or performed by the employee in the name and on behalf of the Board. (6) Subject to the approval of the Minister, the Board may delegate to — ( a ) any Town Council established under section 4 of the Town Councils Act 1988; ( b ) any member of the Town Council; ( c ) any member of any committee of the Town Council appointed under section 45 of the Town Councils Act 1988; or ( d ) any employee or agent of the Town Council, one or more of the Board’s powers under any rules made under section 31, subject to such conditions or restrictions as the Board may specify. (7) Any power so delegated under subsection (6) may be exercised by such Town Council, member, employee or agent in the name and on behalf of the Board. [29


document_id: hda-1959
provision_ref: s36
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 36
title: Conformity with Master Plan
content:
36. The Board must, in all housing and development projects, act in conformity with the Master Plan. [30


document_id: hda-1959
provision_ref: s37
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 37
title: Power to fix and vary rent, licence fees and maintenance fees
content:
37. —(1) The Board may from time to time with the approval of the Minister fix the amount of — ( a ) rent and licence fees payable in respect of any property provided under this Act which is subject to a tenancy or licence agreement; and ( b ) maintenance fees payable in respect of any property provided under this Act. (2) Despite anything contained in any tenancy or licence agreement or sale and purchase agreement in respect of any property provided under this Act, the Board has the power to vary, with the approval of the Minister, the rent, licence fees or maintenance fees fixed under subsection (1). (3) Any variation in the rent, licence fees or maintenance fees made under subsection (2) must be published in the Gazette and takes effect on such date as may be specified therein. [31


document_id: hda-1959
provision_ref: s38
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 38
title: Transfer to Board of undertakings and assets of Singapore Improvement Trust
content:
38. —(1) As from 1 February 1960, the undertakings of the Singapore Improvement Trust are, except as provided in the Planning Act (Cap. 232, 1990 Revised Edition), transferred to and vest in the Board without further assurance. (2) Without limiting subsection (1), that transfer includes — ( a ) all lands, buildings and other property, movable or immovable, and all assets, powers, rights and privileges held or enjoyed by the Singapore Improvement Trust in connection therewith, or appertaining thereto; ( b ) all rights and interests of the Singapore Improvement Trust in any other undertaking; and ( c ) all liabilities and obligations of the Singapore Improvement Trust. [32


document_id: hda-1959
provision_ref: s39
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 39
title: Transfer of properties, liabilities and obligations, etc.
content:
39. —(1) On 1 May 1982, all the estates and interests of — ( a ) the Housing and Urban Development Company in the lands described in the First Schedule; and ( b ) the Jurong Town Corporation in the lands described in the Second Schedule, vest in the Board without further assurance subject to the same conditions of tenure incident thereto and to any subsisting encumbrances. (2) The Board has the power to execute any instrument under the Land Titles Act 1993, disposing of or creating an interest in any of the lands so vested in the Board (called in this Act transferred properties). (3) On 1 May 1982, any land described in the Second Schedule which immediately before that date was held in trust for the Jurong Town Corporation is to be held upon the same trust for the Board. (4) Without limiting subsection (1), on 1 May 1982, all the rights and liabilities of the Housing and Urban Development Company or the Jurong Town Corporation in connection with or pertaining to the transferred properties are transferred to the Board. (5) All proceedings in respect of the transferred properties by or against the Housing and Urban Development Company or the Jurong Town Corporation which are pending on 1 May 1982 may be continued, completed and enforced by or against the Board. (6) Every agreement relating to any of the transferred properties to which the Housing and Urban Development Company or the Jurong Town Corporation was a party immediately before 1 May 1982, whether or not of such nature that the rights and liabilities thereunder could be assigned, has effect as from that date as if — ( a ) the Board had been a party to the agreement; and ( b ) for any reference to the Housing and Urban Development Company or the Jurong Town Corporation there were substituted in respect of anything to be done on or after 1 May 1982 a reference to the Board. (7) Any flat, house or other living accommodation which has been built on any land vested in the Board under subsection (1)( b ) and which has been sold by the Jurong Town Corporation under Part IV of the Jurong Town Corporation Act 1968 as in force before 1 January 2018 is deemed to be a flat, house or other living accommodation sold by the Board under Part 4 of this Act. [34/2017] (8) In all applications made to and registered with the Jurong Town Corporation prior to 1 May 1982 for the purchase of any flat, house or other living accommodation mentioned in subsection (7), any reference to the Jurong Town Corporation is to be read as if it were a reference to the Board. [33


document_id: hda-1959
provision_ref: s40
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 40
title: Payment of compensation for transferred properties
content:
40. —(1) The Board must pay to — ( a ) the Housing and Urban Development Company for the estates and interests in the lands vested in the Board under section 39(1)( a ) such compensation as may be agreed between the Board and the Housing and Urban Development Company; and ( b ) the Jurong Town Corporation for the estates and interests in the lands vested in the Board under section 39(1)( b ) such compensation as may be agreed between the Board and the Jurong Town Corporation. (2) Any dispute between the Board and the Housing and Urban Development Company or the Jurong Town Corporation as to the compensation to be paid under subsection (1) must be referred to an arbitrator to be appointed by the Minister and the decision of the arbitrator is final and binding on the parties. [34


document_id: hda-1959
provision_ref: s41
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 41
title: HUDC dwellings
content:
41. All dwellings erected before or after 1 May 1982 on those lands which immediately prior to that date were vested in the Housing and Urban Development Company and are vested in the Board under section 39(1)( a ) are to be known as HUDC dwellings after that date. [35


document_id: hda-1959
provision_ref: s42
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 42
title: Transfer of rights and obligations relating to applications for HUDC dwellings
content:
42. —(1) Subject to this section, on and after 1 May 1982, all the rights and obligations of the Housing and Urban Development Company with respect to the sale of its dwellings (called in this Act HUDC dwellings) are transferred to the Board. (2) In all applications made to and registered with the Housing and Urban Development Company prior to 1 May 1982 for the purchase of HUDC dwellings, any reference to the Housing and Urban Development Company is to be read as if it were a reference to the Board. (3) The Board has power to vary the terms and conditions of any application made by an applicant and registered with the Housing and Urban Development Company prior to 1 May 1982 for the sale and purchase of a HUDC dwelling after that date. (4) Where an applicant refuses or fails to accept the terms and conditions as varied by the Board under subsection (3), the Board may cancel the applicant’s application and refund the registration fee paid to the applicant. (5) No proceedings shall be instituted in any court by the applicant against the Board to recover any loss suffered, directly or indirectly, by the applicant arising out of or caused by the cancellation of the applicant’s application under subsection (4). [36


document_id: hda-1959
provision_ref: s43
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 43
title: Charge on immovable property of Board
content:
43. —(1) The Government is deemed to have a first charge, unless the Minister otherwise directs, on all immovable property at any time vested in or acquired by the Board to secure all moneys from time to time owing by the Board to the Government or lent by the Government to the Board. (2) Subject to subsection (1) and excepting only such charges, and mortgages as were created, or made by the Board with the Minister’s approval before the moneys became owing to or were advanced by the Government, that charge has priority over all other charges and mortgages. (3) The President by virtue of that charge may, at any time, so long as there are moneys owing by the Board to the Government — ( a ) sell the whole or any part of the immovable property of the Board, either by public auction or private contract, and on the sale execute a conveyance of the immovable property sold, which conveyance vests, without the concurrence of the Board, that property in the purchaser; ( b ) by notification in the Gazette declare that the whole or any part of the immovable property of the Board vests, on a date to be mentioned in the notification, in the Government, and thereafter the immovable property of the Board described in the notification vests, on that date, in the Government for all the estate, right, title and interest of the Board, freed and discharged from all charges and mortgages created or made by the Board, saving only such charges and mortgages as are excepted in subsection (2) and are subsisting securities; ( c ) appoint some person to receive the rents and other income which the Board is entitled to receive, or any portion thereof, and to apply the same in discharge of the amount due and of all expenses incurred in respect of the appointment of that person, and of the recovery by that person of the rents and income; and the person so appointed has for the recovery of the rents or other income, all and singular the powers conferred by this Act on the Board for that purpose. (4) Whenever any declaration has been made under this section, notice of the declaration must, in the case of registered land, be sent to the Registrar of Titles who must thereupon enter in the land-register a memorial of the registration of the vesting of the land in the Government and in other cases to the Registrar of Deeds who must thereupon make an entry in the books of the Registry of Deeds that the land described in the notification containing the declaration is vested in the Government. [37


document_id: hda-1959
provision_ref: s44
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 44
title: Chief Executive Officer
content:
44. —(1) There must be a Chief Executive Officer of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018 and Article 22A of the Constitution. [5/2018] (2) The Board may, subject to the Public Sector (Governance) Act 2018 and Article 22A of the Constitution, appoint an individual to act temporarily as the Chief Executive Officer during any period, or during all periods, when the Chief Executive Officer — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [38 [5/2018]


document_id: hda-1959
provision_ref: s45
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 45
title: Appointment of officers and employees
content:
45. —(1) Subject to the disallowance under section 99(1) of any item or portion of any item in a budget, the Board may appoint and employ such officers as may be necessary for the purpose of this Act, and may dismiss them. (2) Subject to this section — ( a ) appointments and promotions of all employees must be made by the Board; and ( b ) determination of an appointment, dismissal and disciplinary control of the employees of the Board are vested in the Board. (3) The Minister may, with the consent of the Public Service Commission, declare by notification in the Gazette that any appointment and promotion of an officer or class of officers as the Minister thinks fit, and determination of an appointment, dismissal and disciplinary control of persons appointed as such officers, is to be vested in the Board acting on the advice of the Public Service Commission, and upon the declaration the Board must exercise those functions on the advice of the Public Service Commission. (4) Despite this section, the Chief Executive Officer may appoint persons temporarily for a period not exceeding 2 months. (5) The Board must, with the approval of the Minister, prescribe the rates of remuneration payable to persons employed by the Board, and no persons so employed may be paid otherwise than in accordance with those rates. [39


document_id: hda-1959
provision_ref: s46
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 46
title: Officers not to be interested in contracts in Singapore
content:
46. —(1) A person is not eligible for employment as an officer of the Board if the person has, directly or indirectly, by himself or herself or his or her partner, any share or interest in any contract with, for or on behalf of the Board. (2) Any officer of the Board who has or acquires any such share or interest shall be liable in the discretion of the Board to summary dismissal without notice. (3) No officer is deemed to have or acquire any such share or interest by reason only that — ( a ) he or she is or becomes a member of an incorporated company which owns land situated in Singapore or has a contract with or executes work for the Board; or ( b ) he or she has or acquires a share in any loan issued by the Board or in any security for the same. [40


document_id: hda-1959
provision_ref: s47
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 47
title: Transfer of other officers of Singapore Improvement Trust
content:
47. —(1) As from 1 February 1960, every officer of the Singapore Improvement Trust, not being an officer exclusively engaged in the planning functions of the Singapore Improvement Trust, is deemed to be transferred to the service of the Board at the same rate of pay and, as near as may be, on the same conditions of service, as those on which he or she was employed by the Singapore Improvement Trust. (2) Nothing in this section affects the right of the Board to terminate the employment of any such officer transferred to the service of the Board or to vary his or her rate of pay or conditions of service in the manner and to the extent that the Singapore Improvement Trust could have done had he or she continued in the service of the Singapore Improvement Trust. [41


document_id: hda-1959
provision_ref: s48
chapter: PART 3 - FUNCTIONS, DUTIES, PROPERTIES AND
section: 48
title: Pension schemes, provident fund, etc.
content:
48. —(1) Subject to the approval of the Minister, the Board may make rules for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to such officers or classes of officers of the Board as the Board may determine, on their death or retirement from the service of the Board or on their otherwise leaving the service of the Board. (2) The following provisions apply to any scheme established under this section: ( a ) no assurance on the life of any contributor under any such scheme, and no moneys or other benefits payable under any such assurance, and no payment made under any such scheme to any person who has been employed by the Board, is assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due to the Board or to the Government; ( b ) no donation by the Board or contribution by its officers made under any such scheme and no interest thereon is assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the Board or to the Government; ( c ) no such donation, contribution or interest is subject to the debts of the contributor, nor does such donation, contribution or interest pass to the Official Assignee on the bankruptcy of the contributor, but, if the contributor is adjudicated a bankrupt or is declared insolvent by a court, the donation, contribution or interest is, subject to the provisions of this Act, deemed to be subject to a trust in favour of the persons entitled thereto on the death of the contributor; ( d ) the bankruptcy of a contributor does not affect the making of deductions from the salary of the contributor in accordance with any such scheme, but such deductions must continue to be made despite the provisions of any written law, and the portion of salary so deducted is not to be deemed to form part of his or her after-acquired property; ( e ) subject to the provisions of any such scheme, all moneys paid or payable under any such scheme on the death of a contributor are deemed to be subject to a trust in favour of the persons entitled thereto under the will or intestacy of the deceased contributor, or under a nomination in such form as may be prescribed in the scheme, and are not to be deemed to form part of his or her estate or be subject to the payment of his or her debts, but are deemed to be property passing on his or her death for the purposes of the Estate Duty Act 1929; ( f ) any contributor may by a memorandum under his or her hand appoint a trustee or trustees of the moneys payable on his or her death out of any such scheme and may make provision for the appointment of a new trustee or new trustees of the moneys and for the investment of the moneys; such a memorandum must be in the form prescribed in the scheme and must be deposited with the Board; ( g ) if at the time of any contributor’s death or at any time afterwards, there is no trustee of such moneys or it is expedient to appoint a new trustee or new trustees, then and in any such case a trustee or trustees or a new trustee or new trustees may be appointed by the General Division of the High Court; and ( h ) the receipt of a trustee or trustees duly appointed, or in default of any such appointment and of written notice thereof to the Board, the receipt of the legal personal representative of a deceased contributor is a discharge to the Board for any moneys payable on his or her death out of any such scheme. [42 [40/2019]


document_id: hda-1959
provision_ref: s49
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 49
title: Power to sell and restrictions as to registration
content:
49. —(1) The Board may, with the Minister’s approval, sell any developed land or part thereof. (2) The Registrar of Deeds and the Registrar of Titles must not, without the written consent of the Board, register any assurance relating to any developed land or part thereof which has been sold under the provisions of this Part. (3) The certificate of the Board that any developed land or part thereof has been sold under the provisions of this Part is conclusive evidence of that fact. [46


document_id: hda-1959
provision_ref: s50
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 50
title: Restrictions as to purchase
content:
50. —(1) A person is not entitled to purchase any flat, house or other living accommodation sold subject to the provisions of this Part if the person, his or her spouse or any authorised occupier — ( a ) is the owner of any other flat, house, building or land or has an estate or interest therein; or ( b ) has, at any time within 30 months immediately prior to the date of making an application to the Board to purchase the same, or between the date of the application and the date of completion of the purchase of the flat, house or other living accommodation, sold any flat, house, building or land of which the person was the owner, or divested himself or herself of any interest therein. (2) Where a person purchases a flat, house or other living accommodation in contravention of subsection (1), the person must not present for registration under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993 the assurance of the flat, house or other living accommodation. (3) The Board must, on discovery of such a purchase — ( a ) serve a written notice upon the purchaser of the flat, house or other living accommodation of its intention to lodge with the Registrar of Deeds or the Registrar of Titles (as the case may be) an instrument under subsection (5) for the vesting in the Board of the title to or the estate or interest in that flat, house or other living accommodation; or ( b ) where no lease has been registered in favour of the purchaser, serve a written notice of the intention of the Board to terminate the agreement for a lease and to re-enter upon the flat, house or other living accommodation or part thereof in the name of the whole and thereupon any interest of the purchaser determines absolutely. (3A) The Board must not proceed to lodge an instrument of vesting under subsection (3)( a ), or terminate an agreement for a lease under subsection (3)( b ), until the expiry of a period of 14 days after the service of the notice mentioned in subsection (3)( a ) or ( b ). [Act 2 of 2023 wef 28/05/2025] (4) The purchaser may, within 14 days after the service of the notice, appeal to the Minister whose decision is final and is not to be called in question in any court. (5) Where an appeal has been made to the Minister under subsection (4), the Board must not proceed to vest the title to or the estate or interest in the flat, house or other living accommodation in itself, or to repossess the flat, house or other living accommodation, until the appeal has been disposed of. (6) The Registrar of Deeds or the Registrar of Titles (as the case may be) must register any instrument, lodged under subsection (5), without being concerned to inquire into its regularity or validity. (7) Upon its registration the title to or the estate or interest in the flat, house or other living accommodation vests in the Board without further assurance free from all encumbrances (save such subsisting covenants, conditions or restrictions (if any) as may be binding on the Board) for such title, estate or interest as the Board would have had on the date of the registration of the instrument, if there had been no sale of the flat, house or other living accommodation. (8) Upon the registration of such an instrument — ( a ) in the case of a flat, house or other living accommodation, registered under the provisions of the Registration of Deeds Act 1988, the Registrar of Deeds must make an entry in the books of the registry that the flat, house or other living accommodation has vested in the Board in accordance with subsection (7), and upon that entry being made, the flat, house or other living accommodation vests in the Board free from all encumbrances, subject to such subsisting covenants, conditions or restrictions (if any) as may be binding on the Board; or ( b ) in the case of a flat, house or other living accommodation, registered under the provisions of the Land Titles Act 1993, the flat, house or other living accommodation vests in the Board free from all encumbrances, subject to such subsisting covenants, conditions or restrictions (if any) as may be binding on the Board, and the Registrar of Titles must cancel the registration of any mortgage, charge or lease thereby overreached. (9) The Board may, in its discretion, forfeit any moneys paid or deposited in respect of the purchase of any flat, house or other living accommodation from the Board if the Board discovers that the person who has purchased or seeks to purchase the flat, house or other living accommodation has acted in contravention of subsection (1). (10) The Board may, in its discretion or on the direction of the Minister, exempt any person or class of persons from all or any of the provisions of this section. (11) [ Deleted by Act 19 of 2025 wef 05/12/2025 ] (12) Without affecting any other rights, contractual or otherwise, which the Board may exercise, the Board may cancel an application to the Board, whether registered before or after 5 September 1986, for the purchase of a flat, house or other living accommodation where — ( a ) the applicant has made any misrepresentation of a material fact or false statement in a material particular, whether innocently or otherwise, in relation to his or her application; ( b ) the applicant, his or her spouse or any person above the age of 14 years listed in his or her application as intending to reside in the premises applied for has been convicted of an offence under section 304A, 336, 337 or 338 of the Penal Code 1871 in connection with the throwing of any matter or thing from any property belonging to, sold by or leased from the Board; ( c ) the applicant has paid in full or partially the purchase price or any loan for the purchase of the flat, house or other living accommodation with any cash grant made by the Government to the owner and paid into the owner’s account with the Central Provident Fund pursuant to section 14 of the Central Provident Fund Act 1953 and the applicant fails or refuses to return the money to the Government when he or she is required to do so under the terms of the grant; or ( d ) the applicant, his or her spouse or any person listed in his or her application as intending to reside in the premises applied for has been convicted of an offence under any written law relating to immigration for giving food or shelter to any person who has entered, remained or stayed in Singapore in contravention of any written law relating to immigration or for assisting such person in any way to evade apprehension. [47


document_id: hda-1959
provision_ref: s51
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 51
title: Power to vary terms and conditions
content:
51. —(1) The Board has power to vary the terms and conditions of any application made by an applicant and registered with the Board, whether before or after 5 September 1986, for the sale and purchase of any flat, house or other living accommodation sold subject to the provisions of this Part. (2) Where an applicant refuses or fails to accept the terms and conditions as varied by the Board under subsection (1), the Board may cancel his or her application and refund the deposit and administrative fees paid by the applicant. (3) No proceedings shall be instituted in any court by the applicant against the Board to recover any loss suffered, directly or indirectly, by the applicant arising out of or caused by the cancellation of his or her application under subsection (2). [48


document_id: hda-1959
provision_ref: s52
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 52
title: Board and lessees to be discharged from certain restrictive covenant
content:
52. —(1) Despite the provisions of any written law but subject to subsection (3), the Board and every lessee of any flat comprised in any building comprising flats sold by the Board is discharged, respectively, from the following covenant: ( a ) in the case of a lessee, from any covenant in the lease — (i) restricting or prohibiting the use of the flat for any trade, business, manufacture or commercial purpose; (ii) prohibiting the erection or putting up of any signboard, advertisement, billboard or other sign on the exterior of the flat; or (iii) which would impede the reasonable use of that flat for any commercial purpose; ( b ) in the case of the Board, from any covenant in the lease requiring the Board — (i) to grant any lease of any other flat comprised in that same building subject to any covenant mentioned in paragraph ( a )(i), (ii) or (iii); or (ii) to enforce any covenant mentioned in paragraph ( a )(i), (ii) or (iii) on behalf of any lessee of any flat comprised in that same building. (2) No proceedings shall be instituted in any court by any person entitled (whether before or after 1 April 1992) to the benefit of any covenant mentioned in subsection (1) to recover any loss or disadvantage suffered by that person in consequence of the discharge of that covenant. (3) Despite subsection (1), a lessee must not use or allow to be used his or her flat or any part of the flat for any purpose that is not permitted by the lease unless he or she has the prior written approval of the Board. [48A


document_id: hda-1959
provision_ref: s53
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 53
title: Execution of sale and other instruments by Board on behalf of certain purchasers of flats
content:
53. —(1) Where — ( a ) a flat is sold by the Board to any person under this Part or a loan is granted by the Board to any person under section 12( d ); and ( b ) the person has failed, refused or neglected to execute any instrument relating to the sale or mortgage of the flat required for registration under the Land Titles Act 1993 or the Registration of Deeds Act 1988 after the Board has sent a notice requiring the person to execute the instrument, the Board may execute the instrument on behalf of the person. (2) The Board is deemed to be the duly appointed attorney of the person mentioned in subsection (1) for the purpose of effectuating any sale or mortgage of the flat under the instrument that is required to be registered under the Land Titles Act 1993 or the Registration of Deeds Act 1988. (3) The execution of any instrument under subsection (1) by the Board on behalf of the lessee, assignee or mortgagor of any flat comprised in the instrument is deemed to have been properly effected. (4) The Registrar of Titles, the Registrar of Deeds and any purchaser of the flat need not be concerned to enquire into the regularity or validity of the instrument mentioned in subsection (3) insofar as it affects the Board’s execution of the instrument in its representative capacity under this section. [48B


document_id: hda-1959
provision_ref: s54
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 54
title: Special provisions
content:
54. —(1) Where — ( a ) a flat is sold by the Board to any person under the provisions of this Part; or ( b ) any estate or interest in such flat is — (i) subsequently transferred by or to any person with the written consent of the Board; or (ii) surrendered to the Board, and a solicitor is not employed by the person to act for him or her in the transaction, the Board may by its duly authorised officer act for the person. (2) Where the Board acts for the person mentioned in subsection (1), then for the purposes of the registration of any instrument relating to the sale of the flat or the transaction in respect of the flat — ( a ) in the case of an instrument which is required to be registered under the Registration of Deeds Act 1988, section 11 of that Act does not apply if a duly authorised officer of the Board certifies that the flat has been sold under the provisions of this Part; and ( b ) in the case of an instrument which is required to be registered under the provisions of the Land Titles Act 1993, a certificate of an officer of the Board duly authorised by the Board to act for the person mentioned in subsection (1) is sufficient for the purposes of section 59(3) of that Act. (3) In this section — “flat” means any flat, house or other building or living accommodation sold by the Board under the provisions of this Part; “transfer”, with reference to a flat, means the conveyance, sale, purchase, assignment, mortgage, charge or the disposal in any manner of any estate or interest in a flat and includes a discharge of a mortgage, or a reconveyance, or the devolution of the rights of a deceased owner of a flat to another person, and “transferred” is to be construed accordingly. (4) Section 33 of the Legal Profession Act 1966 does not apply to any officer of the Board acting for any party to the transactions mentioned in subsection (1). [49


document_id: hda-1959
provision_ref: s55
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 55
title: Prohibition of sale within minimum occupation period, etc.
content:
55. —(1) Except with the prior written consent of the Board, an owner of any flat, house or other building which has been sold by the Board under the provisions of this Part must not, within the prescribed minimum occupation period, by contract, agreement or otherwise, sell or agree to sell his or her flat, house or other building or any estate or interest therein to any other person. (2) Unless otherwise authorised by the Board, every contract, agreement or other document relating to the sale of any such flat, house or other building which is made between the owner of the flat, house or other building and a purchaser other than the Board must be in the prescribed form. (3) Any contract, agreement or other document which is made on or after 20 November 1998 in contravention of subsection (1) or (2) is void. [49A


document_id: hda-1959
provision_ref: s56
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 56
title: Flat, house or other building not to be sold, mortgaged, etc., without consent of Board
content:
56. —(1) No flat, house or other building which has been sold by the Board under the provisions of this Part may be sold, leased, mortgaged or disposed of without the prior written consent of the Board. (2) Where any assignment, mortgage, transfer, charge or lease of any such flat, house or other building which is executed by or on behalf of the owner thereof without the prior written consent of the Board is registered under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993, the Board may, by an instrument lodged with the Registrar of Deeds or the Registrar of Titles (as the case may be), declare the assignment, mortgage, transfer, charge or lease to be void. (3) The Registrar of Deeds or the Registrar of Titles (as the case may be) must register the instrument without being concerned to inquire into its regularity or validity, and upon registration of the instrument must cancel the registration of any such assignment, mortgage, transfer, charge or lease. (4) Any assignment, mortgage, transfer, charge or lease by an owner of a flat, house or other building sold subject to the provisions of this Part which would not be void but for this section, is deemed to be valid for the purposes of any legal proceedings instituted by the Board under sections 62 and 63. [50 [13/2015]


document_id: hda-1959
provision_ref: s57
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 57
title: Purchase of flats, houses and other living accommodation by bodies corporate
content:
57. —(1) Despite section 50, the Minister may, by order in the Gazette , declare any body corporate established by any written law to be entitled to purchase any flat, house or other living accommodation sold subject to the provisions of this Part. (2) Where an order is made under subsection (1) in relation to any body corporate, the provisions of this Part apply with such modifications as may be specified in the order. [50A


document_id: hda-1959
provision_ref: s58
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 58
title:
Property not to be used as security or attached, etc., and no trust in respect thereof to be created without approval of Board

content:
58. —(1) Subject to subsections (4) and (5), any contract or agreement to directly or indirectly use protected property (or the proceeds of sale of protected property) as security or collateral for any debt, obligation or claim is void. [18/2010; 35/2020] (2) Any act (including the deposit of title deeds), deed, instrument or document that purports to protect rights under or give effect to any contract or agreement that is void under subsection (1) is of no effect and does not result in or create any interest in land and is not capable of being registered under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993. [18/2010] (3) Where any deed, instrument or document mentioned in subsection (2) is registered under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993 — ( a ) the Board may, by an instrument lodged with the Registrar of Deeds or the Registrar of Titles (as the case may be) declare the deed, instrument or document to be void; and ( b ) the Registrar of Deeds or the Registrar of Titles must register the instrument lodged by the Board under paragraph ( a ) without being concerned to inquire into its regularity or validity, and upon registration of the instrument must cancel the registration of the deed, instrument or document declared by the Board to be void. [18/2010] (4) Subsection (1) does not apply if the security or collateral is to be created or granted in favour of — ( a ) the Board; ( b ) an approved financial institution; or ( c ) any person or person belonging to a class of persons prescribed by the Minister as a person to whom, or a class of persons to which, subsection (1) will not apply. [18/2010] (5) Subsection (1) does not apply to any contract, agreement or arrangement under which an approved financial institution uses any of its interest in any security over any protected property as security or collateral for the grant of any facility by the MAS to the approved financial institution. [35/2020] (6) No protected property is to vest in the Official Assignee on the bankruptcy of the owner thereof. [18/2010] (7) No protected property is to be attached in execution of an order of any court unless the order of the court is obtained by — ( a ) a mortgagee in exercise of the mortgagee’s rights under a mortgage created with the prior written consent of the Board over that property; or ( b ) a chargee in exercise of the chargee’s rights under a charge under any written law over that property. [18/2010] (8) Subsections (6) and (7) do not apply if the sole owner of any protected property is not a citizen of Singapore or, where there is more than one owner, all the owners are not citizens of Singapore. [18/2010] (9) No trust in respect of any protected property may be created by the owner thereof without the prior written approval of the Board. [18/2010] (10) Every trust which purports to be created in respect of any protected property without the prior written approval of the Board is void. [18/2010] (11) No person is to become entitled to any protected property (or any interest in such property) under any resulting trust or constructive trust whensoever created or arising. [18/2010] [S 759/2022] (12) In this section — “approved financial institution” means — ( a ) any bank licensed under the Banking Act 1970; ( b ) any finance company licensed under the Finance Companies Act 1967; ( c ) any direct insurer licensed under the Insurance Act 1966; and ( d ) any merchant bank licensed under the Banking Act 1970; “facility” means an arrangement between the MAS and an approved financial institution under which the MAS provides funding to the approved financial institution, and includes a credit facility and a repurchase transaction; “MAS” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act 1970; “proceeds of sale”, in relation to any property, means the proceeds from any transaction involving the sale, transfer, conveyance, assignment, mortgage, charge or the disposal in any manner of the property or an estate or interest in the property; “protected property” means any flat, house or other building that has been sold by the Board under the provisions of this Part; “Registrar of Deeds” means the Registrar of Deeds appointed under the Registration of Deeds Act 1988 and includes any Deputy Registrar of Deeds; “Registrar of Titles” means the Registrar of Titles appointed under the Land Titles Act 1993 and includes any Deputy Registrar of Titles and Assistant Registrar of Titles. [51 [18/2010; 11/2013; 1/2020; 35/2020]


document_id: hda-1959
provision_ref: s59
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 59
title: Transfer of flat, house or other building on death of owner
content:
59. —(1) The transmission on the death of the owner, whether testate or intestate, or any transfer by the personal representatives of a deceased owner of a flat, house or other building that has been sold subject to the provisions of this Part must not be registered under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993 without the written consent of the Board. (2) Where the Board refuses to give its consent, the Board may lodge an instrument with the Registrar of Deeds or the Registrar of Titles (as the case may be) to have the flat, house or other building vested in the Board. (3) Where — ( a ) no representation has been taken out under a will or on the intestacy of a deceased owner of a flat, house or other building within 12 months from the death of the owner; ( b ) representation has been taken out but the personal representatives do not apply for the written consent of the Board for the transmission or transfer of the flat, house or other building within 6 months from the date of representation; or ( c ) representation has been taken out and the personal representatives have the written consent of the Board mentioned in paragraph ( b ), but the sale or transfer of the flat, house or other building is not completed within 12 months from the date of that written consent, the Board may lodge an instrument with the Registrar of Deeds or the Registrar of Titles (as the case may be) to have the flat, house or other building vested in the Board. [29/2005] (4) Where, on the death of the owner of a flat, house or other building that has been sold subject to the provisions of this Part — ( a ) the lease in favour of the owner has not been registered under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993; or ( b ) no representation has been taken out under a will or on the intestacy of a deceased owner of the flat, house or other building within 12 months from the death of the owner, the Board may rescind the agreement for the lease of the flat, house or other building. (5) Where the Board decides to lodge an instrument under subsection (2) or (3) to have the flat, house or other building vested in itself or to rescind an agreement for a lease under subsection (4), the Board must — ( a ) serve a written notice on the personal representatives of the deceased owner of, and on all persons known or believed to have an interest or estate in, the flat, house or other building; and ( b ) in the case where no representation is taken out, serve a notice on the flat, house or other building and on all persons known or believed to have an interest or estate in the flat, house or other building, of its intention to lodge with the Registrar of Deeds or the Registrar of Titles (as the case may be) an instrument of vesting under subsection (2) or (3) or of its decision to rescind the agreement for a lease and of the compensation to be paid therefor. [Act 2 of 2023 wef 28/05/2025] (5A) The Board must not proceed to lodge an instrument of vesting under subsection (2) or (3), or rescind an agreement for a lease under subsection (4), until the expiry of a period of 28 days after the service of the notice mentioned in subsection (5). [Act 2 of 2023 wef 28/05/2025] (6) The personal representatives and any person who is interested in the estate of the deceased owner may, within 28 days after the date of the service of the notice, appeal to the Minister whose decision is final and is not to be called in question in any court. (7) Where an appeal is made to the Minister pursuant to subsection (6), the Board must not proceed to lodge an instrument of vesting under subsection (2) or (3) until the appeal is disposed of. (8) The Registrar of Deeds or the Registrar of Titles (as the case may be) must register any instrument lodged under subsection (2) or (3) without being concerned to inquire into its regularity or validity and — ( a ) in the case of a flat, house or other building registered under the provisions of the Registration of Deeds Act 1988 — the Registrar of Deeds must make an entry in the books of the Registry that the flat, house or other building has been vested in the Board; and ( b ) in the case of a flat, house or other building registered under the provisions of the Land Titles Act 1993 — the Registrar of Titles must register the instrument on the relevant folio of the land-register without the necessity of the production of the duplicate certificate of title. (9) Upon the making of the entry or upon registration under subsection (8)( a ) or ( b ), the title to and the estate or interest in the flat, house or other building vests in the Board free from all encumbrances, subject to such subsisting covenants, conditions or restrictions (if any) as may be binding on the Board, and the Registrar of Deeds or the Registrar of Titles (as the case may be) must cancel the registration of any mortgage, charge or lease thereby overreached. (10) Where an appeal has been determined by the Minister or on the expiry of a period of 28 days after the service of the notice mentioned in subsection (5) and — ( a ) the personal representatives do not consent to receive the compensation; ( b ) where representation has not been taken out under a will or intestacy of the deceased owner; or ( c ) where there is any dispute as to the entitlement to or the apportionment of the compensation, the Board must apply to the Registrar of the Supreme Court by an originating application without notice, supported by an affidavit, for an order to deposit the amount of the compensation in court and, despite anything to the contrary in the Rules of Court for the time being in force, the Registrar may make the order. [35/2020] [Act 25 of 2021 wef 01/04/2022] (11) The compensation to be paid by the Board for any flat, house or other building vested in the Board under this section is to be determined by the Board. [52


document_id: hda-1959
provision_ref: s60
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 60
title: Establishment of management corporations
content:
60. —(1) The owners of flats in any building of the Board must, as soon as possible after they are directed by the Board in writing, establish a body corporate under the name of “The Management Corporation for flat numbers . . . of the Housing and Development Board building situate in Lot number . . . in Town Subdivision or Mukim . . .”. (2) The Board must not, without the prior approval in writing of the Minister and without consulting all the owners of the flats in any building, make any direction, under subsection (1), upon owners of the flats of the Board in any building. (3) Where a direction of the Board under subsection (1) is not carried out, the Board may, with the approval of the Minister, authorise a company, incorporated under the provisions of any written law for the time being in force relating to companies, to exercise the functions, duties and powers of a management corporation. [Act 5 of 2025 wef 09/03/2025] (4) The Board may, with the approval of the Minister, revoke any authorisation granted to a company under subsection (3) without giving any reason. [Act 5 of 2025 wef 09/03/2025] (4A) Any authorisation under subsection (3), and any revocation under subsection (4), must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (5) A management corporation must be constituted by an order made by the Minister, which must be published in the Gazette . (6) Upon the constitution of a management corporation and so long as one exists in relation to a building, every owner of a flat in the building is — ( a ) a member of the management corporation; and ( b ) entitled to such voting rights as may be prescribed. (7) A management corporation, constituted under subsection (5), has perpetual succession and may sue and be sued in its name and do all other matters and things incidental or appertaining to a body corporate and not inconsistent with the provisions of this Act. (8) A management corporation must establish and maintain a fund for administrative purposes sufficient in the opinion of the corporation for the control, management and administration of the common property, for the payment of any rent, rates and premiums of insurance and the discharge of any other obligations of the corporation. (9) For the purposes of establishing and maintaining a fund in accordance with subsection (8), the management corporation may — ( a ) determine from time to time the amounts to be raised for the purposes referred to in that subsection; ( b ) raise amounts so determined by levying contributions on the owners in such proportions as may be prescribed; and ( c ) recover from any owner by an action in any court of competent jurisdiction any sum of money expended by the management corporation for rents, rates, premiums, maintenance or conservancy, or for repairs to the owner’s flat done by the management corporation or at its direction. (10) Subject to subsection (13), any contribution levied under subsection (9) is due and payable — ( a ) on the passing of a resolution to that effect and in accordance with the terms of that resolution; or ( b ) if the Board or a company (as the case may be) is performing the functions of a management corporation and has been vested with its powers, under section 61 on the service of a written notice and in accordance with the terms of that notice. (11) Any such contribution may be recovered by the management corporation or the company (as the case may be) in an action in any court of competent jurisdiction from the owner of the flat at the time when the resolution or notice (as the case may be) was passed or served and from the owner of the flat at the time when the action is instituted, both jointly and severally. (12) A certificate of the Board is conclusive evidence of the amount that may be due to the Board under subsection (10). (13) A management corporation must, on the application of any owner of a flat or any person authorised in writing by the owner, certify — ( a ) the amount determined as the contribution of the owner; ( b ) the manner in which that contribution is payable; ( c ) the extent to which the person’s contribution has been paid by the owner; and ( d ) the amount of any rates paid by the management corporation and not recovered by it. (14) In favour of any person dealing with the owner mentioned in subsection (13), such a certificate is conclusive evidence of the matters certified in the certificate. (15) A management corporation constituted under subsection (5) must not be wound up except by an order made by the Minister cancelling the order by which it was constituted. (16) Such an order must be published in the Gazette and must provide for the winding up of the management corporation and for its dissolution. [53


document_id: hda-1959
provision_ref: s61
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 61
title: Board or company may exercise powers of management corporation
content:
61. The functions and duties of a management corporation may be performed and its powers are vested in and may be exercised by — ( a ) the Board — (i) where a management corporation has not been constituted under section 60(5); or (ii) where a management corporation, which had been constituted under section 60(5), has been wound up by an order under section 60(15); or ( b ) a company authorised by the Board under section 60(3). [54


document_id: hda-1959
provision_ref: s62
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 62
title: Determination of lease
content:
62. —(1) Where a flat, house or other building has been sold by the Board under the provisions of this Act, the Board may re-enter upon the flat, house or other building or part thereof in the name of the whole and thereupon the lease determines absolutely — ( a ) if the rent reserved by the lease or any part thereof is unpaid for 3 calendar months after becoming payable and the Board has sent a written demand by registered post addressed to the purchaser at the flat, house or other building (whether the demand has been received by the owner or not); ( b ) if the owner has committed any breach of a condition against assigning, underletting or parting with possession of the flat, house or other building or any part thereof or has committed a breach of any other condition the breach of which is not capable of remedy and the Board has sent a written notice by registered post addressed to the owner or purchaser at the flat, house or other building (whether the notice has been received or not); ( c ) if any condition (being a condition the breach of which is capable of remedy) on the part of the owner is not performed or observed within 2 weeks after a written notice has been sent by the Board to the owner addressed to the owner at the flat, house or other building drawing the attention of the owner to the non-performance or non‑observance of the condition (whether the demand has been received by the owner or not); ( d ) if the owner has submitted a false statement in the owner’s application form for the purchase of the flat, house or other building; ( e ) if the owner has, in the opinion of the Board, committed a breach of any of the rules made under section 74(1)( g ); or ( f ) if the owner has, without the prior written approval of the Board, used or allowed the use of the flat, house or other building otherwise than for the purpose permitted by the lease. (2) Any determination of a lease under subsection (1) does not affect any right of action or remedy of the Board in respect of any such breach or any other breach of the conditions contained in the lease. [55


document_id: hda-1959
provision_ref: s63
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 63
title: Board may compulsorily acquire property sold subject to the provisions of this Part
content:
63. —(1) The Board may compulsorily acquire any flat, house or other living accommodation sold subject to the provisions of this Part, whether before or after 2 June 1975 — ( a ) if the owner thereof and his or her spouse (if any) has, in the opinion of the Board, ceased to occupy the same; ( b ) if the owner thereof, his or her spouse or any authorised occupier has at any time, whether before or after 2 June 1975, acquired whether by operation of law or otherwise any title to or an estate or interest in any other flat, house or building or land; ( c ) if the flat, house or other living accommodation has, without the prior written approval of the Board, been used otherwise than for the purpose permitted by the lease; ( d ) if the owner thereof has permitted any person other than an authorised occupier to reside or stay in the flat, house or other living accommodation; ( e ) if the owner thereof has failed to perform or observe any condition contained in the lease to be performed or observed on the part of the owner after a written notice has been sent by the Board drawing the owner’s attention to the non‑performance or non-observance of the condition in the lease; ( f ) if the owner thereof has made a misleading or false statement in the owner’s application to the Board for the purchase of the same; ( g ) if the owner thereof has made a misrepresentation of a material fact, whether innocently or otherwise, to the Board relating to the purchase of the flat, house or other living accommodation; ( ga ) if the owner or any owner thereof made a misleading or false statement in the owner’s application to the Board for, or a misrepresentation of a material fact (whether innocently or otherwise) to the Board relating to — (i) the owner’s acquisition of the flat, house or other living accommodation or an interest in it from a related person; or (ii) the owner’s transfer of an interest in the flat, house or other living accommodation to a related person; ( h ) if the owner thereof assigns, underlets or parts with the possession of the same or any part thereof without obtaining the prior written consent of the Board as required by the lease; ( i ) if, in the opinion of the Board, the flat, house or other living accommodation is not being occupied by such minimum number of persons or by such persons as the Board may require; ( j ) if the owner thereof has at any time, whether before or after 2 June 1975, ceased to be a citizen of Singapore or if the owner thereof has, at any time whether before or after 1 May 1982, ceased to be a permanent resident of Singapore; ( k ) if the rent or any payment or any part thereof due to the Board reserved under the lease or mortgage remains unpaid for 3 calendar months after it is due and payable and the Board has sent a written notice of demand to the owner thereof; ( l ) if the purchase price or any loan for the purchase of the flat, house or other living accommodation has been paid in full or partially with any cash grant made by the Government to the owner and paid into the owner’s account with the Central Provident Fund pursuant to section 14 of the Central Provident Fund Act 1953 and the owner refuses or fails to return the money to the Government when the owner is required to do so under the terms of the grant; ( m ) if the owner thereof, his or her spouse or any authorised occupier above the age of 14 years has on or after 1 March 1984 been convicted of an offence under section 304A, 336, 337 or 338 of the Penal Code 1871 in connection with the throwing of any matter or thing from any property belonging to, sold by or leased from, the Board; [Act 43 of 2024 wef 24/03/2025] ( n ) if the owner thereof, his or her spouse or any authorised occupier has been convicted of an offence under any written law relating to immigration for giving food or shelter to any person who has entered, remained or stayed in Singapore in contravention of any written law relating to immigration or for assisting such person in any way to evade apprehension; or [35/2020] [Act 43 of 2024 wef 24/03/2025] ( o ) if the owner or an authorised occupier who is a related person of or above the age of 18 years (as the case may be) has on or after the appointed date been convicted of an abatement offence or an exclusion offence and — (i) had been convicted of at least one other abatement offence or exclusion offence; (ii) had at least one other abatement offence or exclusion offence taken into consideration by a court for the purposes of sentencing; or (iii) had at least one other abatement offence or exclusion offence compounded under section 13U or 34 of the Community Disputes Resolution Act 2015, as the case may be. [Act 43 of 2024 wef 24/03/2025] (2) Subsection (1)( b ) does not apply to any owner or his or her spouse or any authorised occupier who has purchased or acquired, with the prior written consent of the Board, any commercial property not exceeding in value $250,000 or such higher value as the Minister may allow, and that commercial property is used or intended to be used by any such person for business purposes. (3) Where the Board intends to exercise its powers of compulsory acquisition conferred by this section, the Board must serve a written notice on the owner of the flat, house or other living accommodation and all persons known or believed to be interested in claiming all or any part of the compensation to be paid for the flat, house or other living accommodation (called in this Part an interested person) stating the intention of the Board to acquire the premises and the compensation to be paid therefor. (4) Where the owner or interested person is deceased — ( a ) any reference to the owner or interested person in subsections (3) to (7) includes a reference to any legal personal representative of the deceased; ( b ) if no legal personal representative is appointed in respect of the deceased owner, any notice required to be served by the Board on the deceased owner under this section may be served by affixing a copy of the notice in a conspicuous place at the flat, house or other living accommodation; and ( c ) if no legal personal representative is appointed in respect of the deceased interested person, any notice required to be served by the Board on the interested person under this section may be served by affixing a copy of the notice in a conspicuous place at the last known place of residence of the interested person immediately before the interested person’s death. [13/2015] (5) Any owner or interested person who objects to a proposed acquisition by the Board may, within 28 days after the service of a notice mentioned in subsection (3), submit in writing to the Board precisely the grounds upon which the owner or interested person objects to the acquisition and the compensation offered by the Board. (6) The Board must consider the objection and may either disallow it or allow it either wholly or in part, and must serve the owner or interested person by post or otherwise with a written notice of its decision. (7) Any appeal by any owner or interested person aggrieved by the decision of the Board must be made to the Minister within 28 days after the date of service of the decision on the owner or interested person and the Minister’s decision is final and not open to review or challenge on any ground whatsoever. (8) This section does not limit or affect the powers conferred upon the Board by any other provision of this Act or under any other written law to exercise its right of forfeiture and right of re-entry for a breach of the conditions of a lease. (9) The compensation to be paid by the Board for any flat, house or other living accommodation compulsorily acquired by the Board under this section is to be determined by the Board. (10) The Minister may direct the Board to exempt any person or class of persons from all or any of the provisions of this section. (11) For the purposes of subsection (1)( ga ) and ( o ), a person ( A ) is related to an owner of a flat, house or other living accommodation ( B ) if A is the spouse, a parent, remoter lineal ancestor, step‑parent, son, daughter, son‑in‑law, daughter‑in‑law, remoter issue, stepson, stepdaughter, brother or sister, or the spouse of a brother or sister, of B . [35/2020] [56 [Act 43 of 2024 wef 24/03/2025] (12) In this section — “abatement offence” means an offence under section 13L(5) of the Community Disputes Resolution Act 2015 for contravening an abatement order issued under section 13L(1) of that Act in connection with unreasonable interference which originated from the owner’s flat, house or other living accommodation; “appointed date” means the date of commencement of section 36 of the Community Disputes Resolution (Amendment) Act 2024; “exclusion offence” means an offence under section 10(1) of the Community Disputes Resolution Act 2015 for contravening an exclusion order made under section 9(2) of that Act in connection with unreasonable interference which originated from the owner’s flat, house or other living accommodation; “unreasonable interference” has the meaning given by section 2(1) of the Community Disputes Resolution Act 2015. [Act 43 of 2024 wef 24/03/2025]


document_id: hda-1959
provision_ref: s64
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 64
title: Power to inspect, search, etc.
content:
64. —(1) The Magistrate may, on the application of the Board, issue a warrant authorising the Board by one or more officers authorised by the Board (called in this section an authorised officer) to enter and search — ( a ) any flat, house or other living accommodation sold subject to the provisions of Part 4; or ( b ) any other premises (whether or not sold, leased or rented out by the Board) that the owner or occupier of that flat, house or other living accommodation may be residing in, (collectively called in this section the premises), if — ( c ) the Magistrate has reason to believe that evidence of any ground under section 63(1) for acquiring that flat, house or other living accommodation can be found in the premises; or ( d ) that owner or occupier fails to comply with a written notice issued under section 65(1)( d ) to produce or give access to any document or thing, and the Magistrate has reason to believe that the document or thing can be found in the premises. [13/2015] (2) The Magistrate may, if the Magistrate thinks fit, specify in a warrant the particular premises or part of those premises to be searched, and the authorised officer executing the warrant must then search only the specified premises or part of those premises. [13/2015] (3) Where an authorised officer executing any search under this section demands entry into or access to any premises liable to search under this section, the owner or occupier or any person in charge of the premises must allow the authorised officer free entry or access and provide all reasonable facilities for a search in the premises. [13/2015] (4) Subject to subsection (6), if free entry into or access to the premises cannot be obtained under subsection (3), it is lawful in any case for the authorised officer executing the warrant to break open any outer or inner door or window leading to the premises or to use any other reasonable means in order to gain entry into or access to the premises. [13/2015] (5) A warrant is subject to such conditions as the Magistrate may specify and remains in force for the number of days stated in the warrant. [13/2015] (6) The Magistrate must specify the following conditions in every warrant: ( a ) a list or description of the documents or things, or class of documents or things, that the authorised officer executing the warrant may seize under the search; ( b ) whether subsection (4) applies and, if so, the extent of its application. [13/2015] (7) The Magistrate may, in addition to the conditions in subsection (6), specify in any warrant such conditions as the Magistrate considers necessary for the proper execution of the warrant and the prevention of any breach of the peace. [13/2015] (8) An authorised officer entering the premises under a warrant may take such photographs, or audio or video recordings as the authorised officer thinks necessary of the premises (including anything in the premises). [13/2015] (9) If the owner or occupier is present when an authorised officer seeks to execute the warrant, the authorised officer must — ( a ) identify himself or herself to the owner or occupier; ( b ) show the owner or occupier — (i) his or her original identity card or such identification card as the Chief Executive Officer may direct to be carried by the authorised officer as proof of his or her identity; and (ii) some duly authenticated document showing his or her authority; ( c ) show the owner or occupier the warrant; and ( d ) if required, give the owner or occupier a copy of the warrant. [13/2015] (10) If the owner or occupier is not present when execution of the warrant is sought under subsection (9), but some other person who appears to be in charge of the premises is present, then subsection (9) applies to that other person as if he or she were the owner or occupier. [13/2015] (11) An authorised officer making a search under this section must prepare and sign a list of all documents and things seized during the search, including recording the location where each document or thing is found. [13/2015] (12) In every case, the owner, occupier or person in charge of the premises searched, or a person acting on behalf of the owner, occupier or person in charge, may be present during the search, and must be given a signed copy of the list mentioned in subsection (11). [13/2015] (13) The authorised officer executing the warrant must, after duly executing the warrant, report that fact to the Magistrate and submit the list prepared under subsection (11). [56A [13/2015]


document_id: hda-1959
provision_ref: s65
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 65
title: Power to require evidence as to identity, examine, etc.
content:
65. —(1) For the purposes of investigating any ground under section 63(1) for acquiring any flat, house or other living accommodation, an officer authorised by the Board (called in this section an authorised officer) may do all or any of the following: ( a ) require any person who appears to be involved in or related to the matter under investigation to provide evidence of the person’s identity; ( b ) examine orally any person who appears to be acquainted with any of the facts or circumstances of the matter under investigation; ( c ) issue a written notice requiring any person within the limits of Singapore, who appears to be acquainted with any of the facts or circumstances of the matter under investigation, to attend before the authorised officer; ( d ) issue a written notice requiring any person whom the authorised officer reasonably believes to have — (i) any information; or (ii) any document or thing in the person’s possession, custody or control, relevant to the investigation, to — (iii) provide that information; (iv) produce that document or thing at the time and place stated in the notice; or (v) give the authorised officer access to that document or thing. [13/2015] (2) Before exercising any power under subsection (1)( a ) or ( b ), an authorised officer must declare his or her office and produce — ( a ) such identification card as the Chief Executive Officer may direct to be carried by the authorised officer as proof of his or her identity; and ( b ) some duly authenticated document showing his or her authority. [13/2015] (3) Any person examined under this section must state truly what the person knows of the facts and circumstances of the matter under investigation, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. [13/2015] (4) A statement made by any person examined under this section must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that the person understands; and ( d ) after correction (if necessary), be signed by the person. [13/2015] (5) Any person who is required by an authorised officer to do anything under subsection (1) must comply with that requirement. [13/2015] (6) If any person fails to comply with a written notice issued to the person by an authorised officer under subsection (1)( c ) or ( d ), the authorised officer may report the failure to a Magistrate who may then, in the Magistrate’s discretion, issue a warrant ordering the person to comply with the written notice. [13/2015] (7) If a person is required merely to produce any document or thing under subsection (1)( d ), the person may comply with the requirement by causing the document or thing to be produced instead of bringing it in person. [56B [13/2015]


document_id: hda-1959
provision_ref: s66
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 66
title: Vesting of acquired property in Board
content:
66. —(1) When the Board has made a decision under section 63 to compulsorily acquire a flat, house or other living accommodation, the Board may — ( a ) lodge an instrument with the Registrar of Deeds or the Registrar of Titles (as the case may be) for the vesting in the Board of the title to or the estate or interest in that flat, house or other living accommodation — (i) in the case where no objection has been made pursuant to section 63(5) — on the expiry of a period of 28 days after the date of service of the notice mentioned in section 63(3); and (ii) in the case where an appeal has been made to the Minister — at any time after the appeal has been determined by the Minister or when the appeal is withdrawn, as the case may be; and ( b ) in the case where no lease has been registered in favour of the owner, serve a written notice to terminate the agreement for a lease and to re-possess the flat, house or other living accommodation or part thereof in the name of the whole and thereupon any interest of the purchaser determines absolutely. (2) The Registrar of Deeds or the Registrar of Titles (as the case may be) must register any instrument lodged under subsection (1) without being concerned to inquire into its regularity or validity and — ( a ) in the case of a flat, house or other living accommodation registered under the provisions of the Registration of Deeds Act 1988 — the Registrar of Deeds must make an entry in the books of the Registry that the flat, house or other living accommodation has been vested in the Board; or ( b ) in the case of a flat, house or other living accommodation registered under the provisions of the Land Titles Act 1993 — the Registrar of Titles must register the instrument on the relevant folio of the land‑register without the necessity of the production of the duplicate certificate of title. (3) Upon the making of the entry or upon registration under subsection (2)( a ) or ( b ), the title to and the estate or interest in the flat, house or other living accommodation vests in the Board free from all encumbrances, subject to such subsisting covenants, conditions or restrictions (if any) as may be binding on the Board, and the Registrar of Deeds or the Registrar of Titles (as the case may be) must cancel the registration of any mortgage, charge or lease thereby overreached. [57


document_id: hda-1959
provision_ref: s67
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 67
title: Payment of compensation
content:
67. —(1) The Board must pay the compensation determined by the Board or varied by the Minister on an appeal to an owner or to both an owner and an interested person in such proportion as the Board may decide or as may be varied by the Minister. (2) The Board may apply to the Registrar of the Supreme Court for an order to deposit the compensation in court where — ( a ) any person entitled to the compensation refuses to accept it or cannot with due diligence be found; ( b ) there is any dispute as to the entitlement to or the apportionment of the compensation; ( c ) the Board is satisfied that any person entitled to the compensation is incapacitated by reason of mental illness and no donee of a lasting power of attorney or deputy has been appointed under the Mental Capacity Act 2008; or ( d ) the person entitled to the compensation is deceased and no legal personal representative has been appointed. [13/2015] (3) An application under subsection (2) is to be made by an originating application without notice, supported by an affidavit. [13/2015] [Act 25 of 2021 wef 01/04/2022] (4) Despite anything to the contrary in the Rules of Court, the Registrar of the Supreme Court may make an order under subsection (2) to deposit the compensation in court. [13/2015] (5) The Board may withhold any compensation payable in respect of any flat, house or other living accommodation vested in the Board under this Act to any person until the Board has taken possession of the flat, house or other living accommodation. (6) Any reference to compensation in subsections (2) and (4) includes a reference to any part of the compensation. [58 [13/2015]


document_id: hda-1959
provision_ref: s68
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 68
title: Taking possession
content:
68. —(1) Where any flat, house or other living accommodation has been vested in the Board pursuant to section 50, 59 or 66, the Board may proceed to take possession of the flat, house or other living accommodation on the expiry of a period of 30 days after the service of a notice on the owner thereof. (2) If any of the officers of the Board is opposed or impeded in taking possession under this section of any flat, house or other living accommodation, the Board may take such measures (including the calling for the assistance of the police) as are necessary to have the occupants evicted from and to enforce the surrender of the flat, house or other living accommodation and to remove all things and other movable property found therein. [59


document_id: hda-1959
provision_ref: s69
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 69
title: Disposal of movable property
content:
69. —(1) Where the Board takes possession of a flat, house or other living accommodation under section 68, the Board may by written notice require the owner of that flat, house or other living accommodation to take delivery of all things and other movable property found in the flat, house or other living accommodation, at such place and within such period specified in the notice. [13/2015] (2) The period specified in the notice under subsection (1) must be at least 30 days after the date of service of the notice. [13/2015] (3) The Board may serve the notice under subsection (1) on the owner by affixing a copy of the notice in a conspicuous place at the flat, house or other living accommodation. [13/2015] (4) If the owner fails to take delivery of any of the things or other movable property within the period specified in the notice under subsection (1), the Board may dispose of that thing or other movable property by sale or otherwise as the Board thinks fit. [13/2015] (5) If the Board is satisfied that any of the things or other movable property is of a perishable nature, the Board may, without giving any notice to the owner, sell or dispose of that thing or property immediately. [13/2015] (6) The Board may apply the sale proceeds received under this section to meet — ( a ) any expenses incurred by the Board in storing and disposing of all the things and other movable property; and ( b ) any outstanding debt that the owner owes to the Board under this Act or any rules made under this Act, before paying the balance of the sale proceeds (if any) to the owner. [13/2015] (7) The Board may apply to the Registrar of the Supreme Court for an order to deposit the balance of the sale proceeds (or any part of the proceeds) in court if — ( a ) the owner cannot with due diligence be found; or ( b ) there is any dispute as to the entitlement to the proceeds. [13/2015] (8) An application under subsection (7) is to be made by an originating application without notice, supported by an affidavit. [13/2015] [Act 25 of 2021 wef 01/04/2022] (9) Despite anything to the contrary in the Rules of Court, the Registrar of the Supreme Court may make an order under subsection (7) to deposit the balance of the sale proceeds or any part of it in court. [59A [13/2015]


document_id: hda-1959
provision_ref: s70
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 70
title: Giving false information
content:
70. Any person who — ( a ) in relation to the purchase, mortgage, sale or transfer by the person or any other person of a flat, house or other living accommodation; or ( b ) in relation to any application (whether by the person or on behalf of another) to the Board for its permission, consent, approval or licence under this Act or any subsidiary legislation made under this Act, makes (whether orally, electronically, in writing or otherwise) any statement to the Board which is false, and which the person either knows or believes to be false or does not believe to be true, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [60 [29/2005]


document_id: hda-1959
provision_ref: s71
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 71
title: Direction of Minister to be conclusive evidence
content:
71. —(1) If any dispute arises or should a ruling be required as to whether any property is a commercial property within the meaning of this Act, a direction by the Minister to the effect that the property is, or is not, a commercial property is conclusive evidence for all purposes. (2) Every direction under subsection (1) is final and is not to be called in question in any court or tribunal. [62


document_id: hda-1959
provision_ref: s72
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 72
title:
Direction by Board to remove article or object placed in manner likely to cause damage to property, etc.

content:
72. —(1) The Board may by written notice direct any owner, lessee or occupier of any flat, house or other living accommodation sold or leased under the provisions of this Act to remove any article or object placed by any window or on any balcony of or outside those premises in a manner which is likely to cause any damage to property or injury to life. (2) Any person who fails to comply with the direction of the Board given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine of $100 for every day during which the offence continues after conviction. [63


document_id: hda-1959
provision_ref: s73
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 73
title: Notice to quit, etc., not waived by payment made to Board
content:
73. Where the Board has given notice to quit or notice of breach of condition, covenant or undertaking under a lease or licence agreement or any other agreement or notice of intention to compulsorily acquire, forfeit or re-enter any property provided under this Act, any money paid to the Board after the notice has been given is not to be construed as a waiver of the breach or intention to compulsorily acquire, to terminate a lease or licence agreement or to forfeit or re‑enter. [64


document_id: hda-1959
provision_ref: s74
chapter: PART 4 - SALE OF FLATS, HOUSES OR OTHER BUILDINGS
section: 74
title: Power to make rules
content:
74. —(1) The Minister may make rules for giving effect to the provisions of this Part and, in particular, for or with respect to all or any of the following matters: ( a ) the terms and conditions for the sale of any flat, house or other building under the provisions of this Part; ( b ) the terms and conditions which the Board may impose in granting its consent under section 56 to any sale, lease, mortgage or disposal of a flat, house or other building; and those rules may provide that in specified circumstances, the Board is deemed for the purposes of that section to have granted its prior written consent subject to such terms and conditions; ( c ) the person to whom the flat, house or other building may be sold and the persons who are allowed to stay in it, including the qualifications as to income, the minimum number in the family, citizenship of and ownership of any other properties by all or any such persons; ( d ) a scheme of savings, by a prospective purchaser of a flat, house or other building, with the Board for the first minimum payment on a flat, house or other building; ( e ) the minimum first payment on the purchase of a flat, house or other building and the maximum period that may be allowed for the payment of the balance of the purchase price, together with the prescribed interest; ( f ) the functions, duties and powers of a management corporation; ( g ) regulating the use, management and control of flats, houses or other buildings of the Board, that have been sold under the provisions of this Part, and the common property; ( h ) prescribing the fees to be charged by the Board for acting for any person in the sale, purchase, transmission of the interest of a deceased owner, transfer, assignment, mortgage, discharge of a mortgage, reconveyance or surrender, of a flat sold under the provisions of this Part or for acting for any surviving joint owner of such a flat in his or her application to register his or her entitlement consequent upon the death of the other joint owner; ( i ) the power of the Board to impose a financial penalty not exceeding $50,000 on the owner or applicant of any flat, house or other living accommodation sold under the provisions of this Part for a breach of any restriction, condition or requirement of section 50 on or after 20 July 2015 where the Board does not proceed against that owner or applicant under section 50; ( j ) the power of the Board to impose a financial penalty not exceeding $50,000 on the owner of any flat, house or other building sold under the provisions of this Part for a breach of any restriction, condition or requirement of section 62 on or after 20 July 2015 where the Board does not proceed against that owner under section 62; and ( k ) the power of the Board to, instead of acquiring any flat, house or other living accommodation on any ground under section 63(1), impose a financial penalty not exceeding $50,000 on the owner of that flat, house or other living accommodation for a breach of any restriction, condition or requirement of section 63 on or after 20 July 2015. [13/2015] (2) All such rules must be presented to Parliament as soon as possible after publication in the Gazette . [65


document_id: hda-1959
provision_ref: s75
chapter: PART 4A - UPGRADING WORKS IN PRECINCTS
section: 75
title: Interpretation of this Part
content:
75. In this Part, unless the context otherwise requires — “commercial property upgrading works”, in relation to a precinct, means any items of upgrading works specified by the Board to be carried out — ( a ) within any commercial property within the precinct; ( b ) on common property within the precinct; or ( c ) on or in both properties in paragraphs ( a ) and ( b ), for the purpose of improving, or encouraging a diversity of, local retail convenience shopping facilities and associated commercial and community activities that support and reinforce the economic and social wellbeing of and employment opportunities for persons within that precinct; [Act 2 of 2023 wef 28/05/2025] “flat” does not include such property as may be prescribed; “flat upgrading works” means — ( a ) any items of upgrading works specified by the Board to be carried out — (i) within a flat comprised in a building; (ii) within a building or any part of a building not comprised in a flat for the provision of a service in relation to water, sewerage, drainage, gas, electricity, garbage or conditioned air, or other services relating to telephone, radio, television or any other means of telecommunication, that are reasonably necessary for or connected with the enjoyment of any flat comprised in the building; or ( b ) any other items of upgrading works approved by the Minister, being works to be carried out within a building or any part of a building not comprised in a flat, to — (i) facilitate the access to, and use of, the building and its facilities by persons with physical disabilities; or (ii) improve the fire safety or other safety features of the building or such other performance requirements for buildings as may be prescribed by any other written law, but does not include any specified upgrading works; “general upgrading works” means any upgrading works to be carried out in a precinct other than specified upgrading works, special upgrading works, commercial property upgrading works and flat upgrading works; [Act 2 of 2023 wef 28/05/2025] “improvement contribution” means the costs in respect of general upgrading works, specified upgrading works, special upgrading works, commercial property upgrading works or flat upgrading works that are recoverable by the Board from the owner of a flat or a Town Council under section 78(2) or (3), as the case may be; [Act 2 of 2023 wef 28/05/2025] “precinct” means a precinct declared by the Minister under section 76; “residential flat” means a flat which is permitted to be used pursuant to the Planning Act 1998 or any other written law wholly for the purpose of human habitation, and “non‑residential flat” means any flat other than a residential flat; “special upgrading works” means — ( a ) any items of work necessary or ancillary to installing any lift or additional lift within or in relation to any building or part of a building; or ( b ) any other items of upgrading works prescribed by the Minister, being works to be carried out within or in relation to any building or part of a building (other than any part comprised in a flat) within a precinct for the erection, construction or installation of functional facilities for the convenience of residents of that building in general or a section of those residents; “specified upgrading works” means any items of upgrading works specified by the Board to be carried out in a building or part of a building within a precinct as a result of which the floor area of a flat in the building will be increased, but does not include any special upgrading works and flat upgrading works; “Town Council” means a Town Council established under the Town Councils Act 1988; “transfer” means a conveyance, sale, purchase, assignment, legal or equitable mortgage, charge, surrender or disposal in any manner of any estate or interest in a flat and includes a discharge of a mortgage, a reconveyance or the devolution of the rights of a deceased owner of a flat to another person; “upgrading works” includes any building operations, repair, demolition or installation works carried out for the purposes of improving or upgrading any flat, building or land and any addition to, or alteration in, landlord’s fixtures and fittings; “value”, in relation to a prescribed owner of any flat, means the value determined in the prescribed manner for that owner in respect of the owner’s vote. [65A [29/2005; 1/2008]


document_id: hda-1959
provision_ref: s76
chapter: PART 4A - UPGRADING WORKS IN PRECINCTS
section: 76
title: Declaration of precincts
content:
76. —(1) The Minister may, after consulting the Board, from time to time by order in the Gazette , declare any housing estate of the Board or any part thereof to be a precinct for the purposes of carrying out any upgrading works in the precinct. (2) Any order made under subsection (1) must include a plan with a description of the housing estate and the buildings within the precinct. (3) The Minister may, by order in the Gazette , revoke or amend any order made under subsection (1). (4) In this section, any reference to the Minister includes a reference to a Minister of State for the Ministry of National Development. [65B [23/2005]


document_id: hda-1959
provision_ref: s77
chapter: PART 4A - UPGRADING WORKS IN PRECINCTS
section: 77
title: Upgrading works in precinct
content:
77. —(1) Where a precinct has been declared under section 76, the Board must — ( a ) make arrangements to conduct in the manner prescribed a poll (in combination with another poll or otherwise) of prescribed owners of the flats within the precinct with a view to establishing their opinions about any proposal to carry out any of the following: (i) general upgrading works within the precinct together with specified upgrading works (if any) in any building within the precinct; (ii) special upgrading works within a building, or in relation to more than one building, in the precinct; (iii) flat upgrading works within any building in the precinct; [Act 2 of 2023 wef 28/05/2025] (iv) commercial property upgrading works within the precinct; and [Act 2 of 2023 wef 28/05/2025] ( b ) do such other things as the Minister may direct. [1/2008] (2) A poll conducted in connection with any proposal to carry out special upgrading works within a building, or in relation to more than one building, in a precinct must be a poll of the prescribed owners of prescribed flats within the building or buildings (as the case may be), being flats the occupants of which directly benefit from the special upgrading works. [29/2005] (3) A poll conducted in connection with any proposal to carry out any flat upgrading works within any building in a precinct must be a poll of the prescribed owners of prescribed flats within the building. [1/2008] (3A) A poll conducted in connection with any proposal to carry out commercial property upgrading works within a precinct must be a poll of the prescribed owners of commercial property the owners of which will benefit from the commercial property upgrading works within that precinct. [Act 2 of 2023 wef 28/05/2025] (4) The Board may, with the Minister’s approval, carry out general upgrading works within a precinct if it appears from a poll conducted under subsection (1)( a ) of the prescribed owners of flats within the precinct that 75% or more of the total value in votes of all prescribed owners of all flats within the precinct have been cast in favour of the proposal to carry out those upgrading works. (5) Where the Minister has approved the carrying out of general upgrading works in a precinct under subsection (4), and — ( a ) in the case of a building comprising wholly of residential flats — it appears from a poll conducted under subsection (1)( a ) of the prescribed owners of flats comprised in the building that 75% or more of the total value in votes of all prescribed owners of all flats in the building have been cast in favour of any proposal to carry out any specified upgrading works in the building; or ( b ) in the case of a building comprising residential and non‑residential flats — (i) it appears from a poll conducted under subsection (1)( a ) of the prescribed owners of residential flats comprised in the building that 75% or more of the total value in votes of all prescribed owners of all such residential flats have been cast in favour of any proposal to carry out any specified upgrading works in the part of the building comprising residential flats; and (ii) it appears from another poll conducted under subsection (1)( a ) of the prescribed owners of non‑residential flats comprised in the same building that 75% or more of the total value in votes of all prescribed owners of all such non‑residential flats have been cast in favour of any proposal to carry out any specified upgrading works in the part of the building comprising non‑residential flats, the Board may, with the Minister’s further approval, carry out those specified upgrading works in the building within the precinct. (6) Despite subsection (5), where it appears from the polls mentioned in subsection (5)( b ) that the minimum percentage of value in votes have been cast in favour of the proposal to carry out any specified upgrading works in a building by the prescribed owners of residential flats in the building but not by the prescribed owners of non-residential flats comprised in that building, the Board may, with the approvals of the Minister mentioned in subsection (5), carry out the specified upgrading works in the part of the building comprising residential flats. (7) The poll mentioned in subsection (5)( b )(ii) must be conducted in relation to a building if it appears from the poll mentioned in subsection (5)( b )(i) that 75% or more of the total value in votes of all prescribed owners of all residential flats in the building have been cast in favour of the proposal to carry out specified upgrading works in the part of the building comprising residential flats, but not otherwise. (8) The Board may, with the Minister’s approval, carry out special upgrading works within a building, or in relation to more than one building, within a precinct if, and only if — ( a ) it appears from a poll of the owners mentioned in subsection (2) that 75% or more of the total value in votes of such owners within the building or buildings (as the case may be) have been cast in favour of the proposal to carry out special upgrading works within that building or in relation to those buildings; and ( b ) where the proposal is for the special upgrading works to be carried out within or in relation to any building in the precinct together with any general upgrading works within the precinct, it also appears from a poll of prescribed owners mentioned in subsection (4) that 75% or more of the total value in votes of all such owners of all flats within the precinct have been cast in favour of the proposal to carry out the general upgrading works in the precinct. [29/2005] (9) The Board may, with the Minister’s approval, carry out any flat upgrading works within any building or buildings within a precinct if, and only if, it appears from a poll of the owners mentioned in subsection (3) that 75% or more of the total value in votes of such owners of flats within each such building have been cast in favour of the proposal to carry out the flat upgrading works within that building. [1/2008] (9A) The Board may, with the Minister’s approval, carry out any commercial property upgrading works within a precinct if, and only if, it appears from a poll of the owners mentioned in subsection (3A) that 75% or more of the total value in votes of those owners have been cast in favour of the proposal to carry out those upgrading works. [Act 2 of 2023 wef 28/05/2025] (10) No poll is invalid by reason of any failure to comply with any provision of this Part or any rules made thereunder relating to the conduct of a poll if it appears that the poll was conducted in accordance with the principles laid down in that provision, and that the failure did not affect the result of the poll. (11) In this section, “owner” includes the Board in respect of any flat which the Board has not sold the leasehold interest therein. (12) Any poll conducted by the Board before 1 April 1992 in any housing estate of the Board or any part thereof with a view to establishing the opinions of owners of the flats within the housing estate about proposals to carry out general upgrading works or specified upgrading works is deemed to be a poll conducted in accordance with this section. [65C


document_id: hda-1959
provision_ref: s78
chapter: PART 4A - UPGRADING WORKS IN PRECINCTS
section: 78
title: Power to carry out upgrading works and to recover contribution
content:
78. —(1) As soon as practicable after the Minister has given his or her approval under section 77(4), (5), (8), (9) or (9A), the Board must carry out, in such manner as the Board thinks fit — ( a ) the general upgrading works within the precinct and, where applicable, the specified upgrading works in any building within the precinct; ( b ) the special upgrading works within a building, or in relation to more than one building, in a precinct; [Act 2 of 2023 wef 28/05/2025] ( c ) the flat upgrading works within any building in the precinct; or [Act 2 of 2023 wef 28/05/2025] ( d ) the commercial property upgrading works within the precinct, [Act 2 of 2023 wef 28/05/2025] as the case may be. [1/2008] [Act 2 of 2023 wef 28/05/2025] (2) Where the Board has completed any general upgrading works or specified upgrading works in a precinct under this section, the Board may recover from — ( a ) the owner of every flat within the precinct the costs incurred by the Board in respect of the general upgrading works and the specified upgrading works (if any); and ( b ) the Town Council responsible for the maintenance of the common property within the precinct the costs incurred by the Board in respect of the general upgrading works carried out on the common property. (3) Where the Board has completed any special upgrading works or flat upgrading works in a building in a precinct under this section, the Board may recover the costs incurred by the Board in respect of the special upgrading works or flat upgrading works from — ( a ) every owner of such flats in the building as are mentioned in section 77(2) in the case of special upgrading works or section 77(3) in the case of flat upgrading works; and ( b ) the Town Council responsible for the maintenance of the common property comprised in the building if the special upgrading works or flat upgrading works have been carried out on the common property. [1/2008] (3A) Where the Board has completed any commercial property upgrading works within a precinct under this section, the Board may recover from — ( a ) every owner of such commercial property within the precinct as is mentioned in section 77(3A), the costs incurred by the Board in respect of the commercial property upgrading works; and ( b ) the Town Council responsible for the maintenance of the common property within the precinct the costs incurred by the Board in respect of the commercial property upgrading works carried out on the common property. [Act 2 of 2023 wef 28/05/2025] (4) The amount of improvement contribution payable by the owner of a flat and a Town Council under subsection (2), (3) or (3A) is to be determined by the Board whose decision is final. [Act 2 of 2023 wef 28/05/2025] (5) In this section and section 80, “owner”, in relation to any flat sold by the Board — ( a ) means the person who is the owner of the flat at the time the improvement contribution is determined by the Board under subsection (4); and ( b ) includes an equitable owner, a person who has purchased a leasehold interest in the flat and a purchaser under an agreement for a lease. [65D


document_id: hda-1959
provision_ref: s79
chapter: PART 4A - UPGRADING WORKS IN PRECINCTS
section: 79
title: Direction of Minister to carry out upgrading works in certain circumstances
content:
79. —(1) Despite anything in this Part, where the Minister considers that the living conditions in a precinct or the physical state and design of the buildings in the precinct can be improved by the carrying out of any upgrading works, the Minister may direct the Board to carry out such upgrading works in the precinct as he or she thinks fit. (2) Where the Minister has given a direction under subsection (1), the Board must as soon as practicable carry out such upgrading works as may be specified in the direction in such manner as the Board thinks fit. (3) All costs incurred by the Board in respect of any upgrading works in a precinct under this section must be paid out of the funds of the Board. [65E


document_id: hda-1959
provision_ref: s80
chapter: PART 4A - UPGRADING WORKS IN PRECINCTS
section: 80
title: Payment of improvement contribution
content:
80. —(1) Any owner of a flat and any Town Council liable to pay any improvement contribution under section 78 must, upon a written demand by the Board, pay to the Board the improvement contribution not later than one month from the date of the written demand. (2) Where — ( a ) no representation has been taken out under a will or on the intestacy of a deceased owner of a flat; or ( b ) representation has been taken out but the personal representatives fail to apply for the written consent of the Board for the transmission or transfer of the flat, the Board may, for the purposes of recovering any improvement contribution, require the spouse (if any) of the deceased owner or any beneficiary of the deceased owner’s estate who has attained the age of 21 years to pay the improvement contribution as if it is a debt owed by him or her and recoverable from him or her as such, and such person may recover the sums paid by him or her to the Board from the estate of the deceased owner. (3) If any improvement contribution or any part thereof is not paid by the owner of a flat or a Town Council (as the case may be) on the date due, the owner of the flat, the Town Council or any person liable to pay the improvement contribution must pay interest and a penalty in accordance with the rates prescribed and the interest and penalty, if unpaid, constitute a debt due to the Board and are recoverable as such. [65F


document_id: hda-1959
provision_ref: s81
chapter: PART 4A - UPGRADING WORKS IN PRECINCTS
section: 81
title: Transfer of additional floor area
content:
81. —(1) Where the floor area of a flat is increased as a result of any upgrading works carried out by the Board under this Part, the title to the additional floor area vests in the owner of the flat in the following manner: ( a ) where the additional floor area of the flat is constructed over land registered under the Registration of Deeds Act 1988 — the title to the additional floor area vests for the same estate and interest as that subsisting over the flat in the owner for the time being of the flat upon the acceptance by the Registrar of Deeds of the notice of vesting of the additional floor area presented by the Board for notification in the Registry of Deeds; and ( b ) where the additional floor area of the flat is constructed over land registered under the Land Titles Act 1993 — the title to the additional floor area vests in the registered proprietor or owner for the time being of the subsidiary strata lot comprising the flat for the same estate and interest subsisting in respect of that subsidiary strata lot upon the acceptance by the Registrar of Titles of an instrument to vest the additional floor area presented by the Board for notification in the Registry of Titles. (2) For the purposes of recording the vesting of the title to the additional floor area of a flat under subsection (1), the Registrar of Deeds or the Registrar of Titles (as the case may be) must notify such additional floor area in the books of the Registry of Deeds or on the affected lease of the flat or on the relevant folio of the land-register, as the case may be. (3) Where there is a subsisting mortgage, charge or other encumbrance on a flat, the additional floor area of the flat forms part of the security of the mortgage subject to the same terms and conditions stipulated therein upon the acceptance by the Registrar of Deeds or the Registrar of Titles (as the case may be) of the notice of vesting of the additional floor area or the instrument to vest the additional floor area presented by the Board for notification in the Registry of Deeds or Registry of Titles. (4) Any transfer or dealing in respect of a flat on or after the acceptance by the Registrar of Deeds or the Registrar of Titles (as the case may be) of the notice of vesting of the additional floor area of the flat or the instrument to vest the additional floor area of the flat presented by the Board for notification in the Registry of Deeds or Registry of Titles is deemed to include the additional floor area. (5) Any power exercised by the Board under section 78 or 79 in respect of any flat is deemed to have been properly exercised and the Registrar of Titles, the Registrar of Deeds and any purchaser of the flat need not be concerned to inquire into the regularity or validity of the exercise of the power. (6) For the purposes of notification or registration of any instrument under this section, the Registrar of Deeds or the Registrar of Titles (as the case may be) may dispense with the production of the duplicate lease of the flat or the duplicate subsidiary certificate of title in respect of the flat, as the case may be. [65G


document_id: hda-1959
provision_ref: s82
chapter: PART 4A - UPGRADING WORKS IN PRECINCTS
section: 82
title: Recovery of improvement contribution from sale of flat
content:
82. —(1) Where any improvement contribution payable in respect of any flat to the Board under section 78 remains unpaid on the expiry of the period of 3 months after the Board has served on the owner of the flat a written demand of such contribution under section 80(1), the improvement contribution (including any interest and penalty thereon) constitutes a charge on the flat on the expiry of that period in favour of the Board. (2) Upon the constitution of the charge on a flat under subsection (1), the Board has the power of sale and all other powers relating or incidental thereto to sell and effectually transfer the title to the flat to any purchaser as if the Board is a registered mortgagee even though the charge is not registered under the Land Titles Act 1993. (3) Any charge on a flat constituted under subsection (1) is subject to all encumbrances registered or notified prior to the date of the constitution of the charge and to all moneys due to the Board or the Central Provident Fund Board before and after the date of the constitution of the charge under the lease of the flat. (4) Subject to subsection (5), the Board may, by notice of sale to be served or published in the prescribed manner — ( a ) declare its intention of selling, on the expiry of the period of 3 months from the date of the notice of sale, any flat which is subject to a charge constituted under subsection (1); and ( b ) if on the expiry of that period, any improvement contribution (including any interest and penalty thereon) or any part thereof has not been paid or satisfied, sell the flat. (5) The Board must not proceed under subsection (4) to sell any flat in respect of which any improvement contribution (including any interest and penalty thereon) or any part thereof is due if there is upon the flat and liable to be seized and sold by the Board by enforcement order for seizure and sale of property any movable property belonging to the owner of the flat of a value estimated by the Board to be sufficient to realise the sum required to satisfy the unpaid improvement contribution. [23/2005] [Act 25 of 2021 wef 01/04/2022] (6) Where the Board has sold any flat under subsection (4), neither the purchaser of the flat nor the Registrar of Titles need be concerned to inquire into the regularity or validity of the sale or transfer. (7) For the purpose of registration of a transfer of any flat sold under subsection (4), the Registrar of Titles may dispense with the production of the duplicate lease of the flat or the duplicate subsidiary certificate of title in respect of the flat, as the case may be. (8) The moneys received by the Board in exercise of its power of sale under subsection (4), after discharge of the prior encumbrances and the payment of moneys due to the Board specified in subsection (3) and all charges of any Town Council constituted under section 66 of the Town Councils Act 1988, must be held by it in trust to be applied — ( a ) firstly, in payment of all costs and expenses properly incurred by it as incidental to the sale or any attempted sale, or otherwise; ( b ) secondly, in discharge of the improvement contribution and interest and penalty accrued and due to the Board at the date of the sale; ( c ) thirdly, in discharge of the conservancy and service charges and interest accrued and due to a Town Council at the date of sale; ( d ) fourthly, in payment of subsequent mortgages and charges (if any) in the order of their priority; and ( e ) the residue of such moneys so received must be paid to the person who appears from the land-register kept under the Land Titles Act 1993 to be entitled to the flat sold or to be authorised to give receipts for the proceeds of the sale of the flat. (9) Any charge on a flat constituted under subsection (1) — ( a ) continues in force until all the improvement contribution (including any interest and penalty thereon) secured by the charge have been paid; and ( b ) upon payment of the improvement contribution (including any interest and penalty thereon) and any necessary incidental expenses to the Board before it has exercised its powers of sale under subsection (4), is discharged, and the owner of the flat is entitled to a certificate of discharge executed and acknowledged by the Board as to the receipt of the payment. [65H


document_id: hda-1959
provision_ref: s83
chapter: PART 4A - UPGRADING WORKS IN PRECINCTS
section: 83
title: Recovery of payments due to Board
content:
83. Any improvement contribution, interest and penalty payable to the Board under this Part may be recovered by the Board by an action for a debt in any court of competent authority. [65I [33/2018]


document_id: hda-1959
provision_ref: s84
chapter: PART 4A - UPGRADING WORKS IN PRECINCTS
section: 84
title: Power of entry and compulsory acquisition
content:
84. —(1) Any officer or person authorised by the Board may at any reasonable time, on giving 48 hours’ notice of his or her intention to the occupier and producing, if so required, some duly authenticated document showing his or her authority, enter any flat or building within a precinct for the purpose — ( a ) of carrying out any upgrading works within the flat or building; ( b ) of taking any action authorised or required by this Part or any rule to be taken by the Board; or ( c ) generally, of the performance by the Board of its function under this Part or any rule. (2) If it is shown to the satisfaction of a Magistrate’s Court on sworn information in writing that there is reasonable ground for entry into any premises for any of the purposes mentioned in subsection (1) and — ( a ) that admission to the premises has been refused, or that refusal is apprehended; or ( b ) that the premises are unoccupied or the occupier is temporarily absent, the Magistrate’s Court may by warrant authorise the Board by any authorised officer or person to enter the premises forcibly, if necessary. (3) A warrant must not be issued unless the Magistrate’s Court is satisfied — ( a ) that notice of the intention to apply for a warrant has been given to the occupier; or ( b ) that the premises are unoccupied, the occupier is temporarily absent and the case is one of urgency. (4) Any officer or person authorised by the Board entering any premises by virtue of this section, or of a warrant issued under this section, may take with him or her such other persons as may be necessary; and on leaving any unoccupied premises which he or she has entered by virtue of such a warrant must leave them as effectually secured against trespassers as he or she found them. (5) Any officer or person authorised by the Board entering any premises by virtue of a warrant issued under this section may do all or any of the following: ( a ) break open any outer or inner door or window leading to the premises; ( b ) forcibly enter the premises and every part of the premises; ( c ) remove by force any obstruction to such entry. (6) A warrant issued under this section continues in force until the purpose for which the entry is necessary has been satisfied. (7) Any person who wilfully obstructs a person acting in the execution of this Part or of any rule or warrant shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine of $100 for every day during which the offence continues after conviction. (8) After the Minister has given his or her approval under section 77(4) or (5) in relation to any upgrading works in a precinct, the Board may compulsorily acquire the whole of any particular flat in the precinct for the purpose of those upgrading works to be carried out in that precinct. (9) Where the Board intends to exercise its powers of compulsory acquisition conferred by subsection (8), the Board must serve a written notice on the owner of the flat and all persons known or believed to be interested in claiming all or any part of the compensation to be paid for the flat (called in this section an interested person) stating the intention of the Board to acquire the flat and the compensation to be paid therefor. (10) Any owner or interested person may, within 28 days after the service of a notice mentioned in subsection (9), submit in writing to the Board the owner’s or interested person’s objections to the compensation offered by the Board, stating precisely the grounds upon which the owner or interested person objects. (11) The Board must consider the objection and may either disallow it or allow it either wholly or in part, and must serve on the owner or interested person by post or otherwise a written notice of its decision. (12) Any appeal by any owner or interested person aggrieved by the decision of the Board must be made to the Minister within 28 days after the date of service of the decision on the owner or interested person, and the decision of the Minister is final. (13) The compensation to be paid by the Board for any flat compulsorily acquired by the Board under this section is to be determined by the Board. (14) This section does not limit or affect the powers conferred upon the Board by any other provision of this Act or under any other written law to exercise its right of forfeiture and right of re‑entry for a breach of the conditions of a lease. (15) Sections 66, 67 and 68 apply, with the necessary modifications, to any exercise of the power of compulsory acquisition under this section. [65J


document_id: hda-1959
provision_ref: s85
chapter: PART 4A - UPGRADING WORKS IN PRECINCTS
section: 85
title: Power to make rules
content:
85. The Minister may make rules for giving effect to the provisions of this Part and for the due administration thereof, and, in particular, for or with respect to all or any of the following matters: ( a ) prescribing the manner and procedure for obtaining the opinion of owners of flats for upgrading works; ( b ) prescribing the value in votes of owners of flats, including different values in respect of general upgrading works, specified upgrading works and commercial property upgrading works, and in respect of different classes of owners; [Act 2 of 2023 wef 28/05/2025] ( c ) prescribing the manner for recovering the improvement contribution from owners of the flats and Town Councils; ( d ) prescribing the interest and penalty to be paid by any person for the late payment of any improvement contribution; and ( e ) prescribing anything that may be prescribed. [65K


document_id: hda-1959
provision_ref: s86
chapter: PART 4A - UPGRADING WORKS IN PRECINCTS
section: 86
title: Saving
content:
86. —(1) Nothing in this Part is to be construed to affect the right of the Board to enforce any breach of covenant, condition or undertaking under any licence, lease, tenancy or mortgage or any other agreement in respect of any flat or the right of the Board to compulsorily acquire, vest or forfeit any flat under this Act. (2) No such right of the Board is deemed prejudiced by reason only of the Board’s exercise of any power or performance of any act under this Part. [65L


document_id: hda-1959
provision_ref: s87
chapter: PART 4B - DESIGN-BUILD-AND-SELL SCHEME
section: 87
title: Interpretation of this Part
content:
87. In this Part, unless the context otherwise requires — “approved developer” means a developer appointed by the Minister under section 88; “common property” means so much of the land developed under this Part, and all parts of any building built under this Part, as are not comprised in any housing accommodation; “develop” means to construct or cause to be constructed any housing accommodation, common property or commercial property, including any building operations in, on, over or under any land for the purpose of erecting any housing accommodation, common property or commercial property; “housing accommodation” means a horizontal stratum of any building or part thereof, whether the stratum is on one or more levels or is partially or wholly below the surface of the ground, which is wholly constructed, adapted or intended for human habitation or residential use; “purchaser”, in relation to any housing accommodation built or sold under this Part, includes a person who has purchased a leasehold interest in the housing accommodation; “relevant date”, in relation to any housing accommodation built by an approved developer under this Part, means the date a temporary occupation permit or certificate of statutory completion is issued by the Commissioner of Building Control under the Building Control Act 1989 in respect of that housing accommodation, whichever date is the earlier. [65M [29/2005]


document_id: hda-1959
provision_ref: s88
chapter: PART 4B - DESIGN-BUILD-AND-SELL SCHEME
section: 88
title: Appointment of approved developers
content:
88. —(1) The Minister may, from time to time, for the purposes of this Part, appoint one or more developers as approved developers, subject to such conditions as the Minister may impose. [29/2005] (2) Notice of any appointment of an approved developer must be published in the Gazette . [29/2005] (3) Every appointment under this section continues in force for such period as may be specified by the Minister unless earlier terminated by the Minister. [65N [29/2005]


document_id: hda-1959
provision_ref: s89
chapter: PART 4B - DESIGN-BUILD-AND-SELL SCHEME
section: 89
title: Approved developers to develop and sell housing accommodation
content:
89. —(1) It is the function and duty of an approved developer — ( a ) to develop public housing on such parcels of land held under a State lease as the Minister may specify; and ( b ) to sell in accordance with this Part a lease of any housing accommodation built or to be built by the approved developer on that land. [29/2005] (2) An approved developer must not, without first obtaining the Minister’s consent, use any unsold housing accommodation built or to be built by the approved developer under this Part, or any part of such unsold housing accommodation, for a purpose that is not a prescribed purpose. [29/2005] (3) An approved developer is exempt from the provisions of — ( a ) the Housing Developers (Control and Licensing) Act 1965 with regard to the form of the contract or agreement for the sale between an approved developer and a purchaser of any housing accommodation; and ( b ) Part 4 of the Building (Strata Management) Act 2004 * , [Act 12 of 2020 wef 01/10/2025] with regard to its carrying out of any development, and to the sale of any housing accommodation it builds, under this Part. [65O [29/2005] [*Updated to be consistent with the 2020 Revised Edition]


document_id: hda-1959
provision_ref: s90
chapter: PART 4B - DESIGN-BUILD-AND-SELL SCHEME
section: 90
title: Vesting of reversion, etc., in Board
content:
90. —(1) At any time on or after the relevant date in respect of the housing accommodation built on any parcel of land by an approved developer under this Part, 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. [29/2005] (2) Upon the publication of a notification mentioned in subsection (1) — ( a ) the reversion immediately expectant on every lease mentioned in subsection (1)( a )(i) vests in the Board, and the Board has all powers, rights and remedies to which the approved developer as the reversioner was by law entitled, and is subject, to all the covenants and conditions in the lease to be performed and observed by or on the part of the approved developer; ( b ) the entire estates in the commercial property and common property mentioned in subsection (1)( a )(ii) and (iii), respectively, vest in the Board free from all encumbrances; and ( c ) a lease of each unsold housing accommodation mentioned in subsection (1)( b ) vests in the approved developer. [29/2005] (3) An approved developer whose land is the subject of a notification mentioned in subsection (1) is entitled to receive any compensation that is agreed (whether before, on or after the declaration is registered) between the Board and the approved developer. [29/2005] (4) After a notification mentioned in subsection (1) is published, the Board may take possession of the commercial property and common property described in that notification. [29/2005] (5) To avoid doubt, this section does not prejudice the enforcement — ( a ) by any purchaser of any housing accommodation or any other person of any right or claim against an approved developer; or ( b ) by the approved developer of any right or claim against any purchaser of any housing accommodation or any other person, arising out of or concerning any matter or thing done before the date the notification mentioned in subsection (1) is published. [65P [29/2005]


document_id: hda-1959
provision_ref: s91
chapter: PART 4B - DESIGN-BUILD-AND-SELL SCHEME
section: 91
title: Applicability of Part 4 to housing accommodation sold under this Part
content:
91. —(1) 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, with such prescribed exceptions, modifications and adaptations as the differences between Parts 4 and 4B require. [29/2005] (2) Any reference in any provision in this Act to any flat or property sold by the Board under Part 4 includes a reference to any housing accommodation sold by an approved developer under this Part, with such prescribed exceptions, modifications and adaptations as the differences between Parts 4 and 4B require. [29/2005] (3) The provisions of any other existing law that relate to any flat or property sold by the Board under Part 4 have effect as if any reference therein to any such flat or property also includes a reference to any housing accommodation sold by an approved developer under this Part, with such exceptions, modifications and adaptations as the differences between Parts 4 and 4B require. [29/2005] (4) In this section, “existing law” means any written law having effect as part of the law of Singapore immediately before 15 September 2005. [65Q [29/2005]


document_id: hda-1959
provision_ref: s92
chapter: PART 4B - DESIGN-BUILD-AND-SELL SCHEME
section: 92
title: Eligibility to purchase housing accommodation under this Part
content:
92. —(1) 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. [29/2005] (2) 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). [29/2005] (3) Where the approved developer is notified by the Board that a purchaser has purchased a housing accommodation from the approved developer when the purchaser is not eligible to do so under subsection (1), or the purchaser has ceased to be eligible to be an owner of such a housing accommodation under that subsection, the approved developer must — ( a ) serve a written notice upon the purchaser of the housing accommodation of its intention to lodge with the Registrar of Titles an instrument under subsection (6) for the vesting in the approved developer of the title to or the estate or interest in that housing accommodation; or ( b ) where no assurance has been registered in favour of the purchaser, unless otherwise directed by the Board, cancel the purchaser’s application and serve a written notice upon the purchaser of the housing accommodation of its intention to terminate the sale and purchase agreement. [29/2005] (4) An approved developer shall not be liable to any purchaser or former purchaser (as the case may be) for any loss suffered, directly or indirectly, by the purchaser or former purchaser solely on account of the cancellation of his or her application, or the termination of the sale and purchase agreement, by the approved developer in accordance with subsection (3). [29/2005] (5) Any purchaser of a housing accommodation sold under this Part who is aggrieved by the service of a written notice under subsection (3) in respect of his or her housing accommodation may, within 14 days after service of the notice, appeal to the Minister whose decision is final and is not to be called in question in any court. [29/2005] (6) Where an appeal has been made to the Minister under subsection (5), the approved developer must not proceed to lodge any instrument for the vesting of the title to or the estate or interest in the housing accommodation in itself until the appeal has been disposed of. [29/2005] (7) The Registrar of Titles must register any instrument mentioned in subsection (6) without being concerned to inquire into its regularity or validity, and upon its registration — ( a ) the title to or the estate or interest in the housing accommodation vests in the approved developer without further assurance free from all encumbrances (except such subsisting covenants, conditions or restrictions, if any, as may be binding upon the approved developer); and ( b ) the Registrar of Titles must cancel the registration of any mortgage, charge or assurance thereby overreached and any caveat protecting a mortgage, charge or assurance registered or notified on the land-register. [29/2005] (8) Where an approved developer has lodged any instrument mentioned in subsection (6) in respect of any such housing accommodation, the approved developer may, in accordance with the sale and purchase agreement for the housing accommodation, forfeit such portion of any moneys paid or deposited in respect of the purchase of that housing accommodation, and any balance thereof, less any administrative and legal costs reasonably incurred by the approved developer in connection with the sale and resale of the housing accommodation and with the discharge of all prior legal encumbrances, must be refunded to the purchaser of the housing accommodation and such other persons as are entitled to the moneys. [29/2005] (9) If any question arises as to whether any particular person is eligible to purchase from an approved developer any housing accommodation under this Part, or has ceased to be eligible to be a purchaser of such a housing accommodation, a certificate signed by an officer of the Board authorised for this purpose stating that the person is not eligible to purchase from the Board any flat, house or other living accommodation under Part 4 is conclusive evidence of that fact stated in that certificate. [65R [29/2005]


document_id: hda-1959
provision_ref: s93
chapter: PART 4B - DESIGN-BUILD-AND-SELL SCHEME
section: 93
title: Purchaser dies before temporary occupation permit, etc., issued
content:
93. 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. [65S [29/2005]


document_id: hda-1959
provision_ref: s94
chapter: PART 4B - DESIGN-BUILD-AND-SELL SCHEME
section: 94
title: Power to make rules
content:
94. —(1) 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. [29/2005] (2) Without limiting subsection (1), the Minister may make rules for or in respect of all or any of the following matters: ( a ) the terms and conditions for the sale by an approved developer of any housing accommodation, including the form of the contract or agreement between an approved developer and a purchaser of such a housing accommodation; ( b ) prescribing the conditions which, if used in any such contract or agreement between an approved developer and a purchaser of such a housing accommodation, are void; and ( c ) prescribing such exceptions, modifications and adaptations to the provisions of the Act as may be necessary to apply those provisions to any housing accommodation sold or to be sold by an approved developer under this Part as if it were a flat sold or to be sold by the Board under Part 4. [29/2005] (3) All such rules must be presented to Parliament as soon as possible after publication in the Gazette . [65T [29/2005]


document_id: hda-1959
provision_ref: s95
chapter: PART 5 - FINANCIAL PROVISIONS
section: 95
title: Borrowing powers
content:
95. —(1) The Board may, from time to time, for the purposes of this Act, raise loans — ( a ) from the Government; ( b ) with the Minister’s approval and subject to the provisions of any written law, within or outside Singapore by any of the methods set out in subsection (3); or ( c ) from such other source within or outside Singapore as the Minister may direct. (2) The Board must pay interest on the loans at such rate and at such times, and must make such provisions for the mode and time or times of repayment of principal, as the Minister may approve. (3) The Board may, where the Minister’s approval has been obtained to borrow money under subsection (1), raise the money by — ( a ) mortgage; ( b ) charge, whether legal or equitable, on any property vested in the Board or on any revenue receivable by the Board under this Act or any other Act; or ( c ) the creation and issue of debentures, stocks or bonds or otherwise. (4) For the purposes of this section, the power to raise loans includes the power to make any financial agreement whereby credit facilities are granted to the Board for the purchase of goods, materials or things. [66


document_id: hda-1959
provision_ref: s96
chapter: PART 5 - FINANCIAL PROVISIONS
section: 96
title: Issue of shares, etc.
content:
96. As a consequence of the vesting of — ( a ) any property, rights or liabilities of the Government in the Board under this Act; or ( b ) any capital injection or other investment by the Government in the Board in accordance with any written law, the Board must issue such shares or other securities to the Minister for Finance as that Minister may from time to time direct. [66A


document_id: hda-1959
provision_ref: s97
chapter: PART 5 - FINANCIAL PROVISIONS
section: 97
title: Annual financial statement
content:
97. —(1) The Board must, at the end of every financial year transmit to the Minister a statement showing — ( a ) the amount of any loan outstanding at the end of that year; and ( b ) the amount standing to the credit of any sinking fund formed for the purpose of repayment of any loan and the manner in which that amount is for the time being invested. (2) The annual statement referred to in subsection (1) must be published in the Gazette . [67


document_id: hda-1959
provision_ref: s98
chapter: PART 5 - FINANCIAL PROVISIONS
section: 98
title: Budgets
content:
98. —(1) The Board must, in every financial year, cause to be prepared in a form to be approved by the Minister a budget to be forwarded to the Minister not later than 15 November containing estimates of the income and expenditure of the Board for the ensuing financial year. (2) In this Part, “financial year” means a period of 12 months ending on 31 March in any year. [68


document_id: hda-1959
provision_ref: s99
chapter: PART 5 - FINANCIAL PROVISIONS
section: 99
title: Approval of budget by Minister
content:
99. —(1) The Minister may approve or disallow any item or portion of any item shown in the budget, and must return the budget as amended by him or her to the Chairperson. (2) Where the Minister has approved the budget pursuant to subsection (1) with or without amendments, the Board must present the budget to the President for his or her approval under Article 22B of the Constitution. (3) The budget as approved by the Minister and the President must be published in the Gazette and the Board is bound thereby. [69


document_id: hda-1959
provision_ref: s100
chapter: PART 5 - FINANCIAL PROVISIONS
section: 100
title: Supplemental budgets
content:
100. —(1) The Board may at any time cause to be prepared a supplemental budget to provide, subject to section 104(2)( d ), for unforeseen or urgently required expenditure containing — ( a ) a revised estimate of the income for the current financial year; ( b ) a revised estimate of the expenditure for the current financial year; and ( c ) a statement showing how provision is therein made to meet additional expenditure. (2) A supplemental budget must be dealt with in the manner provided in section 99 for the annual budget. [70


document_id: hda-1959
provision_ref: s101
chapter: PART 5 - FINANCIAL PROVISIONS
section: 101
title: Accounts
content:
101. —(1) The accounts of the Board must be kept by the Chief Financial Officer. (2) The accounts of the Board must be made up yearly to 31 March. [71


document_id: hda-1959
provision_ref: s102
chapter: PART 5 - FINANCIAL PROVISIONS
section: 102
title: Presentation of financial statements and audit reports
content:
102. —(1) As soon as the accounts of the Board and the financial statements have been audited, a copy of the audited financial statements signed by the Chairperson and the Chief Financial Officer or the Chairperson and such officer of the Board as may be authorised in writing by the Board, together with a copy of any report made by the auditor, must be submitted to the Minister and the President. [5/2018] (2) The auditor may at any other time report to the Minister and the President upon any matter arising out of the performance of the auditor’s audit. [73 [5/2018]


document_id: hda-1959
provision_ref: s103
chapter: PART 5 - FINANCIAL PROVISIONS
section: 103
title: Bank account
content:
103. —(1) Subject to subsection (2), all moneys paid to the Board must immediately be paid into such bank or banks as may from time to time be approved by the Chairperson. (2) Subsection (1) does not apply to — ( a ) moneys paid for the purposes of a pension scheme or schemes or a provident fund or funds established under section 48; ( b ) moneys paid for the purposes of any separate fund or funds which the Board may by any written law or by any direction or sanction of the Minister under the provisions of this Act be required to administer; or ( c ) moneys deposited by any person in connection with the person’s tender to the Board. [75


document_id: hda-1959
provision_ref: s104
chapter: PART 5 - FINANCIAL PROVISIONS
section: 104
title: Payments to be made in accordance with budget
content:
104. —(1) Payment must not be made by the Board unless the expenditure of the Board is covered by an item in a budget and a sufficient balance for the item is available. (2) Despite the absence of such provision, the Board may pay — ( a ) sums deposited by contractors or other persons whenever by the conditions of the deposit the sum has become repayable; ( b ) sums collected and credited to the funds of the Board in error; ( c ) sums payable by the Board under any award of a Collector or under any of the provisions of this Act or of any other written law relating to the acquisition of land for a public purpose or under any judgment or order of any court; and ( d ) any expenditure incurred to secure the proper execution of the functions and duties of the Board under this Act which in the opinion of the Board cannot be postponed except that the Board must report the payment immediately to the Minister and the President. (3) Provision must be made in a supplemental budget for any payment made under subsection (2)( c ) or ( d ). [76


document_id: hda-1959
provision_ref: s105
chapter: PART 5 - FINANCIAL PROVISIONS
section: 105
title: Transfer of sums from one item to another
content:
105. Despite any of the provisions of this Part, the Board may transfer all or any part of moneys assigned to one item of expenditure to another item under the same head of expenditure in a budget approved by the Minister and the President, except that the transfer is not inconsistent with any provision in any other Part. [77


document_id: hda-1959
provision_ref: s106
chapter: PART 5 - FINANCIAL PROVISIONS
section: 106
title: Power of investment
content:
106. The Board may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [78 [45/2004]


document_id: hda-1959
provision_ref: s107
chapter: PART 6 - MISCELLANEOUS
section: 107
title: Obstruction
content:
107. Any person who obstructs any officer of the Board, or any person duly authorised by the Board in that behalf, in the performance of any thing which the Board is by this Act required or empowered to do shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months. [79 [13/2015]


document_id: hda-1959
provision_ref: s108
chapter: PART 6 - MISCELLANEOUS
section: 108
title: Employee of Board may require evidence of identity in certain cases
content:
108. —(1) In addition to the powers conferred on him or her by this Act or any subsidiary legislation made under this Act, an officer or employee of the Board may, in relation to any offence under this Act or such subsidiary legislation, on declaration of his or her office and production to the person against whom he or she is acting such identification card as the Chief Executive Officer may direct to be carried by officers or employees of the Board — ( a ) require any person whom he or she reasonably believes to have committed that offence to provide evidence of the person’s identity; ( b ) require any person to provide any information or produce any book, document or other record or a copy thereof in the possession of that person, and may, without fee or reward, inspect, make copies of or take extracts from the book, document or other record; or ( c ) require, by written order, the attendance before the officer or employee of any person within the limits of Singapore who, from any information given or otherwise obtained by the officer or employee, appears to be acquainted with the circumstances of the case. [29/2005] (2) Where any record mentioned in subsection (1)( b ) is kept in electronic form, then — ( a ) the power of an officer or employee of the Board under subsection (1) to require the record to be produced for inspection includes power to require a copy of the record to be made available for inspection in legible form; and ( b ) the power of any officer or employee of the Board under subsection (1) to inspect the record includes power to require any person in question to give the officer or employee such assistance as he or she may reasonably require to enable him or her — (i) to inspect and make copies of the record in legible form or to make a record of information contained in that record; or (ii) to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of that record. [29/2005] (3) Any person who — ( a ) refuses to give access to, or assaults, obstructs, hinders or delays, an officer or employee of the Board in the discharge of the officer’s or employee’s duties under this Act or any subsidiary legislation made under this Act; ( b ) wilfully misstates or without lawful excuse refuses to give any information or produce any book, document or other record or a copy thereof required of the person by an officer or employee of the Board under subsection (1); or ( c ) fails to comply with a lawful demand of an officer or employee of the Board in the discharge of the officer’s or employee’s duties under this Act or any subsidiary legislation made under this Act, 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 3 months or to both. [29/2005] (4) Any Town Council established under section 4 of the Town Councils Act 1988 or — ( a ) any member of the Town Council or of any committee of the Town Council appointed under section 45 of that Act; or ( b ) any employee of the Town Council, to whom the Board has delegated any of its powers under section 35(6) who reasonably believes that any person has committed an offence under any rules made under this Act within the Town of the Town Council, may, subject to the production of his or her authority when requested, require the person to provide evidence of the person’s identity, and that person must thereupon provide such evidence of the person’s identity as may be so required. (5) Any person who refuses to provide any information required of the person by any police officer, employee of the Board or person referred to in subsection (4), or wilfully misstates such information, 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 3 months or to both. [80


document_id: hda-1959
provision_ref: s109
chapter: PART 6 - MISCELLANEOUS
section: 109
title: Fines and financial penalties payable to Consolidated Fund, etc.
content:
109. —(1) All fines and financial penalties paid or recovered under this Act or any rules made under this Act are to be paid into the Consolidated Fund. [13/2015] (2) All members, officers and employees of the Board, in relation to their administration, assessment, collection or enforcement of payment of composition sums or financial penalties, are deemed to be public officers for the purposes of the Financial Procedure Act 1966, and section 20 of that Act applies to such persons even though they are not or were not in the employment of the Government. [81 [13/2015]


document_id: hda-1959
provision_ref: s110
chapter: PART 6 - MISCELLANEOUS
section: 110
title: Conduct of prosecutions
content:
110. Proceedings in respect of any offence under this Act may, with the authorisation of the Public Prosecutor, be conducted by any officer of the Board or any other person authorised in writing in that behalf by the Chairperson. [82 [15/2010]


document_id: hda-1959
provision_ref: s111
chapter: PART 6 - MISCELLANEOUS
section: 111
title: Service of documents
content:
111. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; or ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner, secretary or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; or ( c ) by sending it by fax to the fax number used at the partnership’s business address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( c ) by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association. (5) In addition to subsections (2), (3) and (4) but subject to subsections (6) and (7), a document permitted or required by this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served by sending it by email to the last email address of the individual, partnership, body corporate or unincorporated association, as the case may be. (6) Subsection (5) does not apply to a summons, or a document under section 50, 59, 63, 66, 68 or 82(4). (7) Service of any document under this Act on a person by email may be effected only with the person’s prior consent (express or implied) to service in that way. (8) Service of a document takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; or ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (9) This section does not apply to — ( a ) a document to be served in proceedings in court; or ( b ) a notice under sections 15(1), 63(3) (where the notice is to be served on an owner, or an interested person, who is deceased) and 69(1). (10) In this section — “Act” includes any subsidiary legislation made under this Act; “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business, or place of employment, in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes a notice or an order permitted or required by this Act to be served; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore. [Act 2 of 2023 wef 28/05/2025]


document_id: hdcla-1965
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “accounts” has the meaning given by section 4(1) of the Companies Act 1967; “authorised officer” means a public officer or an officer of a public authority authorised by the Controller under section 3(5); “building project” means a building project comprising units of housing accommodation; “certificate of statutory completion” has the meaning given by section 2(1) of the Building Control Act 1989; “company” means any company incorporated, formed or registered under the provisions of the Companies Act 1967 or any corresponding previous written law; “Controller” means the Controller of Housing appointed under section 3(1); “Deputy Controller” means the Deputy Controller of Housing appointed under section 3(3)( a ); “develop” means to construct or cause to construct housing accommodation, including any building operations in, on, over or under the land for the purpose of erecting housing accommodation and the sale by a housing developer of land which would be appurtenant to the housing accommodation; “FATF” means the intergovernmental body known as the Financial Action Task Force; [Act 54 of 2018 wef 28/06/2023] “FATF Recommendations” means the recommendations issued by the FATF from time to time relating to the prevention of money laundering, proliferation financing and terrorism financing; [Act 54 of 2018 wef 28/06/2023] [Act 15 of 2025 wef 01/07/2025] “housing accommodation” includes a building or tenement wholly or principally constructed, adapted or intended for human habitation or for human habitation and as business premises; “housing developer” means any — ( a ) person; ( b ) group of persons, whether in partnership or otherwise; ( c ) society, whether a cooperative society or otherwise; ( d ) company; or ( e ) limited liability partnership, who or which engages in or undertakes housing development, but does not include any — ( f ) bank which is in possession of a valid licence granted by the Monetary Authority of Singapore under the Banking Act 1970; or ( g ) insurer licensed under section 11 of the Insurance Act 1966, so long as such bank or insurer only lends or provides money for housing development; “housing development” means the business of — ( a ) developing; ( b ) providing the money for developing or for the purchase of, more than 4 units of housing accommodation; or ( c ) developing and providing the money for the purchase of more than 4 units of housing accommodation resulting from such development; “inspector” means an inspector appointed under section 3(3)( b ); “licence” means a licence granted under section 4(5); “licensed housing developer” means a housing developer holding a valid licence; “limited liability partnership” and “limited liability partnership agreement” have the meanings given by section 2(1) of the Limited Liability Partnerships Act 2005; “manager”, in relation to a limited liability partnership, has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “money laundering, proliferation financing or terrorism financing offence” means an offence under — ( a ) sections 50 to 57 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992; ( b ) the Terrorism (Suppression of Financing) Act 2002; ( c ) any regulations made under the United Nations Act 2001; ( d ) section 12A(2), 12B(3), 12C(5), 12D(2), 12E(6) or 12F(2) or any rules made under this Act for the prevention of money laundering, proliferation financing and terrorism financing, or for the reporting of transactions suspected of involving money laundering, proliferation financing or terrorism financing; ( e ) section 5A(5), 5B(5), 5C(6), 5D(2) or 5E(4) of the Sale of Commercial Properties Act 1979 or any rules made under that Act for the prevention of money laundering, proliferation financing and terrorism financing, or for the reporting of transactions suspected of involving money laundering, proliferation financing or terrorism financing; ( f ) any provision of any other written law relating to the prevention of money laundering, proliferation financing or terrorism financing; or ( g ) the law of any foreign country or territory relating to the prevention of money laundering, proliferation financing or terrorism financing; [Act 15 of 2025 wef 01/07/2025] “partner”, in relation to a limited partnership, means a general partner as defined in the Limited Partnerships Act 2008; “proliferation financing” means the financing of the proliferation of weapons of mass destruction; [Act 15 of 2025 wef 01/07/2025] “public accountant” means any person registered or deemed to be registered under the Accountants Act 2004 as a public accountant; “public authority” means such board, authority or agency established by or under any public Act to perform or discharge any public function as the Minister approves for the purposes of section 3; “purchaser”, in relation to a licensed housing developer, means a person — ( a ) to whom the licensed housing developer grants an option to purchase from the licensed housing developer a unit of any housing accommodation in a building project undertaken by that licensed housing developer; or ( b ) who agrees to purchase from the licensed housing developer a unit of any housing accommodation in a building project undertaken by that licensed housing developer, and includes a prospective purchaser; [Act 54 of 2018 wef 28/06/2023] “responsible position”, in relation to a housing developer, means — ( a ) in the case of a housing developer that is a company — a director, manager or secretary or a person in a position analogous to that of a director, manager or secretary; ( b ) in the case of a housing developer that is a society — a president, secretary or treasurer or a person in a position analogous to that of a president, secretary or treasurer; ( c ) in the case of a housing developer that is a partnership — a partner; ( d ) in the case of a housing developer that is a limited liability partnership — a partner or manager or a person in a position analogous to that of a manager; or ( e ) in the case of a housing developer that is a group of persons — any person in that group; “show unit” means any representation or reproduction of any house, flat or other housing accommodation, or any part thereof, that is built, or built and furnished, for viewing by prospective purchasers of, or otherwise for the purpose of promoting the sale of, the or any similar house, flat or other housing accommodation; “substantial shareholder”, in relation to a company, has the meaning given by section 81 of the Companies Act 1967; [Act 54 of 2018 wef 28/06/2023] [Act 15 of 2025 wef 01/07/2025] “unit” means a horizontal stratum of any building or part thereof, whether such stratum is on one or more levels, and which is intended for use in accordance with the provisions of any written law as a complete and separate unit for residential or commercial purpose. [26/2001; 17/2005; 37/2008; 11/2013; 15/2013] (2) In this Act, unless it is expressly provided to the contrary, “group of persons” does not include a partnership. [37/2008]


document_id: hdcla-1965
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Appointment of Controller, inspectors, etc.
content:
3. —(1) The Minister may appoint a public officer or an officer of a public authority to be the Controller of Housing for the purposes of this Act. [15/2013] [Act 5 of 2025 wef 09/03/2025] (1A) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (2) The Controller is, subject to any general or special directions of the Minister, responsible for the administration of this Act and must perform any duties imposed and may exercise any powers conferred upon him or her by this Act and any rules made under this Act. [15/2013] (3) The Controller may appoint, by name or office, from among public officers or officers of a public authority — ( a ) a Deputy Controller of Housing; and ( b ) any number of inspectors that may be required for the purposes of this Act. [15/2013] (4) The Deputy Controller may, subject to any directions that the Controller may specify, perform all or any of the functions of the Controller or exercise all or any of the powers of the Controller conferred on the Controller by this Act and any rules made under this Act; and any reference in this Act and any rules made under this Act to the Controller includes a reference to the Deputy Controller. [15/2013] (5) The Controller may authorise any public officer or any officer of a public authority to perform all or any of the functions of the Controller or exercise all or any of the powers of the Controller conferred on the Controller by this Act or any rules made under this Act (except the power of delegation conferred by this subsection), subject to any conditions or limitations that are set out in this Act or that the Controller may specify by directions; and any reference in this Act and any rules made under this Act to the Controller includes a reference to such authorised officer. [15/2013] (6) In performing any function or exercising any power delegated under subsection (5), an authorised officer must comply with the Controller’s directions. [15/2013] (7) A delegation under this section does not prevent the exercise of any function or power under this Act or any rules made under this Act by the Controller. [15/2013] (8) The Controller, the Deputy Controller and every authorised officer and inspector — ( a ) are deemed to be public servants for the purposes of the Penal Code 1871; and ( b ) in relation to their administration, assessment, collection or enforcement of payment of composition sums, are deemed to be public officers for the purposes of the Financial Procedure Act 1966, and section 20 of that Act applies to such persons even though they are not or were not in the employment of the Government. [15/2013]


document_id: hdcla-1965
provision_ref: s4
chapter: PART 2 - LICENSING OF HOUSING DEVELOPERS
section: 4
title: Housing development to be carried out only by licensed housing developer
content:
4. —(1) No housing development may be carried out or undertaken in Singapore except by a housing developer who or which is in possession of a written licence from the Controller authorising it to do so. (2) Subject to subsection (4), a housing developer that desires to carry out or undertake housing development in Singapore may apply to the Controller, in the form and manner that the Controller may specify, for a licence and must provide — ( 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 audited accounts of the partnership, society, company or limited liability partnership or, in the case of a person or group of persons, the audited accounts (if any) relating to any housing development undertaken by the person or group of persons; and ( f ) any other information that the Controller may require. [17/2005; 15/2013] (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 audited accounts which is provided to the Controller under subsection (2) must 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; ( e ) in the case of a limited liability partnership — by its manager. [17/2005; 15/2013] (4) The Controller may, on the request of a housing developer applying for a licence under subsection (2), modify or waive the requirement for the provision of any document or information mentioned in that subsection subject to any conditions that the Controller may impose. [15/2013] (5) Upon receiving an application under subsection (2), the Controller may, subject to section 5 — ( a ) grant a licence, unconditionally or subject to any conditions that the Controller considers fit for carrying out the purposes of this Act; or ( b ) refuse to grant a licence. [15/2013] (6) 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 must, prior to any such action, notify his or her intention to take such action against the housing developer concerned and must 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, does not have retrospective effect. (7) Where a licence is subject to conditions, the housing developer concerned must comply with the conditions of the licence. (8) Any housing developer that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and shall also be liable to imprisonment for a term not exceeding 5 years. [15/2013] (9) 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 $100,000 or to imprisonment for a term not exceeding 3 years or to both. [15/2013] (10) Any housing developer that is aggrieved by a decision of the Controller under subsection (5) or (6) may, within 10 days after it is notified of the decision, appeal to the Minister whose decision is final. [15/2013]


document_id: hdcla-1965
provision_ref: s5
chapter: PART 2 - LICENSING OF HOUSING DEVELOPERS
section: 5
title: Licences not to be granted in certain cases
content:
5. —(1) The Controller must not grant a licence under section 4(5) to a housing developer that — ( a ) is a company, unless the housing developer — (i) has an issued and paid-up capital of an amount that the Minister may prescribe; or (ii) has lodged with the Controller, in the form and manner and on any terms that the Controller may determine, a deposit or security of a sum that the Minister may prescribe; ( b ) is an individual, a group of persons, a partnership, a society or a limited liability partnership, unless the housing developer has lodged with the Controller, in the form and manner and on any terms that the Controller may determine, a deposit or security of a sum that the Minister may prescribe; ( c ) has a person holding a responsible position therein who, at any time within a period of 5 years immediately before the date of the application by the housing developer under section 4(2) for a licence — (i) has been convicted (whether in Singapore or elsewhere) of an offence involving fraud or dishonesty; or (ii) has served any sentence of imprisonment (whether in Singapore or elsewhere) in respect of an offence involving fraud or dishonesty; [Act 54 of 2018 wef 28/06/2023] ( d ) is an undischarged bankrupt (whether in Singapore or elsewhere) or has an undischarged bankrupt (whether in Singapore or elsewhere) holding a responsible position therein; [Act 54 of 2018 wef 28/06/2023] ( e ) is an individual who has been convicted (whether before, on or after the date of commencement of section 14( c ) of the Anti‑Money Laundering and Other Matters (Estate Agents and Developers) Act 2025) of any money laundering, proliferation financing or terrorism financing offence; [Act 54 of 2018 wef 28/06/2023] [Act 15 of 2025 wef 01/07/2025] ( f ) is a company, partnership, society or limited liability partnership which — (i) has been convicted (whether before, on or after the date of commencement of section 14( c ) of the Anti‑Money Laundering and Other Matters (Estate Agents and Developers) Act 2025) of any money laundering, proliferation financing or terrorism financing offence; or [Act 15 of 2025 wef 01/07/2025] (ii) has an individual mentioned in paragraph ( e ) who holds or is to hold a responsible position in that company, partnership, society or limited liability partnership, as the case may be; or [Act 54 of 2018 wef 28/06/2023] ( g ) is a company which has as a substantial shareholder a person mentioned in paragraph ( e ) or ( f ). [15/2013] [Act 54 of 2018 wef 28/06/2023] (2) For the purposes of subsection (1)( a ) and ( b ), the Minister may prescribe for different housing developers or classes of housing developers — ( a ) different amounts of issued and paid-up capital; or ( b ) different sums of deposit or security. [15/2013]


document_id: hdcla-1965
provision_ref: s6
chapter: PART 2 - LICENSING OF HOUSING DEVELOPERS
section: 6
title: Restriction on use of words “housing developer” and on use of certain other words
content:
6. —(1) Except with the Controller’s written consent, a person or body of persons (whether incorporated or unincorporated), not being a licensed housing developer, must not assume or use in relation to a business or any part of a business carried on by the person or body of persons the words “housing developer” or any of its derivatives or any word indicating the carrying on of housing development. [37/2008] (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 $100,000 or to imprisonment for a term not exceeding 3 years or to both. [15/2013]


document_id: hdcla-1965
provision_ref: s7
chapter: PART 2 - LICENSING OF HOUSING DEVELOPERS
section: 7
title: Revocation or suspension of licence
content:
7. —(1) If any licensed housing developer — ( a ) is carrying on its business, in the Controller’s opinion, in a manner detrimental to the interests of its purchasers or to the public; ( b ) has insufficient assets to cover its liabilities; ( c ) is, in the Controller’s opinion, contravening any provisions of this Act or of any rules made under this Act; ( d ) has ceased to carry on housing development in Singapore; ( da ) has been convicted (whether before, on or after the date of commencement of section 14( d ) of the Anti‑Money Laundering and Other Matters (Estate Agents and Developers) Act 2025) of any money laundering, proliferation financing or terrorism financing offence; [Act 54 of 2018 wef 28/06/2023] [Act 15 of 2025 wef 01/07/2025] ( db ) in the case of a company, has as a substantial shareholder a person mentioned in section 5(1)( e ) or ( f ); [Act 54 of 2018 wef 28/06/2023] ( e ) has a person holding a responsible position therein in contravention of section 25(1) or (2); ( f ) has failed to comply with any condition attached to its licence; ( g ) has failed to comply with any direction issued by the Controller under this Act; ( h ) without reasonable excuse, fails to provide any information or particulars required by the Controller under section 11(2); or ( i ) provides or causes to be provided to the Controller any information or particulars (including any information or particulars in connection with its application for a licence under section 4(2)) which is false or misleading in a material particular, the Controller may revoke, or suspend for a period not exceeding 12 months, any licence granted to the licensed housing developer. (2) However, the Controller must, prior to any such revocation or suspension under subsection (1), notify his or her intention to take such action against the licensed housing developer concerned and must give the licensed housing developer an opportunity to submit reasons or an explanation why its licence should not be revoked or suspended, as the case may be. [15/2013] (3) Where the licence of a housing developer has been revoked or suspended under subsection (1), the licensed housing developer may, within 30 days of being notified of the revocation or suspension, appeal against the revocation or suspension (as the case may be) to the Minister whose decision is final and shall not be questioned in any court. [15/2013]


document_id: hdcla-1965
provision_ref: s8
chapter: PART 3 - DUTIES OF LICENSED HOUSING DEVELOPERS
section: 8
title: Controller to be informed of alteration
content:
8. A licensed housing developer must within 4 weeks of making any alteration — ( a ) if a company — in the memorandum of association and articles of association or other instrument under which it is incorporated; ( b ) if a society — in the rules or by‑laws of the society; ( c ) if a group of persons or partnership — in any agreement; ( d ) if a limited liability partnership — in the limited liability partnership agreement or other document to that effect, provide to the Controller written particulars of the alteration. [17/2005]


document_id: hdcla-1965
provision_ref: s9
chapter: PART 3 - DUTIES OF LICENSED HOUSING DEVELOPERS
section: 9
title: Licensed housing developer to open and maintain Project Account
content:
9. —(1) Subject to subsection (10), every licensed housing developer must open and keep an account (called in this Act a Project Account) with a bank or finance company for each building project undertaken by the licensed housing developer. (2) The Controller may, on the application of the licensed housing developer, allow the licensed housing developer to open and keep more than one Project Account for a building project where — ( a ) the building project is to be developed in phases; or ( b ) the building project comprises units for 2 classes of use, namely residential and commercial purpose. [15/2013] (3) The licensed housing developer must pay into the Project Account of a building project the purchase moneys received by the licensed housing developer from the sale of the units in the building project and which are required by rules made under this Act to be paid into the Project Account. (4) The licensed housing developer must not withdraw any money from the Project Account except as authorised by rules made under this Act. (5) Subject to subsection (6)( b ), all moneys in the Project Account are, despite any other written law to the contrary, deemed not to form part of the property of the licensed housing developer in the event — ( a ) the licensed housing developer enters into any composition or arrangement with the licensed housing developer’s creditors or has a receiving order or adjudication order made against the licensed housing developer; or ( b ) the licensed housing developer, being a company, goes into voluntary or compulsory liquidation. (6) Upon any of the events mentioned in subsection (5) occurring — ( a ) the moneys in the Project Account vest in the official receiver, trustee in bankruptcy or liquidator (as the case may be) to be applied for all or any of the purposes for which moneys in the Project Account are authorised by rules made under this Act to be withdrawn; and ( b ) any money remaining in the Project Account, after all payments have been made pursuant to paragraph ( a ) and all liabilities and obligations of the licensed housing developer under the sale and purchase agreements in respect of the building project have been fully discharged and fulfilled, must be held by the official receiver, trustee in bankruptcy or liquidator (as the case may be) as money belonging to the licensed housing developer to be applied in accordance with the law relating to bankruptcy or the winding up of companies. (7) The Minister may, if he or she thinks necessary, appoint the Auditor‑General or a public accountant to investigate the books, accounts and transactions of a Project Account. [15/2013] (8) The licensed housing developer must pay the Minister all the expenses of and incidental to the investigation mentioned in subsection (7). (9) Any account opened by a licensed housing developer at a bank or finance company for the purpose of depositing purchase moneys received from purchasers in respect of a building project before 4 January 1985 is deemed to be a Project Account which has been opened pursuant to this section. (10) This section does not apply to any building project carried on by — ( a ) a licensed housing developer where all the units in the building project will not be offered for sale and purchase before the completion of the building project; or ( b ) a licensed housing developer that furnishes security to the Controller, in the form and manner and on any terms that the Controller may determine, for an amount equivalent to not less than 140% of the total cost of construction of the building project (as at the time of furnishing of the security) as certified by the architect in charge of the building project. [15/2013] (11) Any licensed housing developer that contravenes or fails to comply with subsection (1), (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding one year or to both. [15/2013] (12) In this section — “building project” means a housing development comprising units to be used for residential purposes or both residential and commercial purposes and includes, for the purposes of subsections (3) to (11), any phase of such housing development where such housing development has been approved by the competent authority under the Planning Act 1998 to be developed in phases; “unit” means a horizontal stratum of any building or part thereof, whether such stratum is on one or more levels, and is intended for use in accordance with the provisions of any written law as a complete and separate unit for residential or commercial purpose.


document_id: hdcla-1965
provision_ref: s10
chapter: PART 3 - DUTIES OF LICENSED HOUSING DEVELOPERS
section: 10
title: Audited accounts
content:
10. —(1) Every licensed housing developer must within 6 months (or any extended period that the Controller may grant under subsection (2)) after the close of every financial year — ( a ) forward to the Controller; and ( b ) make available, for a continuous period of at least 24 months, at its registered office (in the case of a company or limited liability partnership) or principal place of business (in any other case) during office hours, or on its Internet website, for inspection by the public without charge, a copy of its audited accounts for that financial year and the report made by its auditor under section 13 in respect of those audited accounts. [15/2013] (2) The Controller may extend the time for compliance with subsection (1) but not more than once and such extension must not in any case exceed 6 months. [15/2013] (3) Any licensed housing developer that fails to comply with any of the provisions of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000. [15/2013]


document_id: hdcla-1965
provision_ref: s11
chapter: PART 3 - DUTIES OF LICENSED HOUSING DEVELOPERS
section: 11
title: Information on housing development and sale of housing accommodation
content:
11. —(1) For the purpose of advising the Government or providing the public with information on the state of the property market for housing accommodation, the Controller may — ( a ) collect, compile and analyse information concerning housing developments, sale of units of housing accommodation and particulars of transactions relating to such sales; ( b ) use the information and particulars collected for purposes of any research study or survey by the Controller or any person with whom the Controller enters into any contract, agreement or arrangement pursuant to subsection (3); and ( c ) subject to subsection (4), make available, publish or disseminate the information and particulars collected, the results of any compilation, analysis, research study or survey or any abstract of those results. [15/2013] (2) Every licensed housing developer must provide to the Controller — ( a ) all information concerning every building project undertaken by the licensed housing developer and the sale of units in the building project, including the number of units that are made available for sale for any period of time; ( b ) all particulars of transactions, including the particulars of purchasers, intending purchasers and assignees of purchasers, in relation to the sale of units in every building project undertaken by the licensed housing developer; and ( c ) all information on and particulars of agreements (in addition to agreements for sale and purchase) entered or to be entered into with purchasers and intending purchasers in relation to the sale of units in every building project undertaken by the licensed housing developer, that the Controller may by written notice require and in the form and manner and by the means and within the time or at the regular intervals that the Controller may specify in the notice. [15/2013] (3) Subject to subsection (4), the Controller may, with the Minister’s approval, enter into any contract, agreement or arrangement with any person for the purpose of compiling or analysing any information or particulars collected or carrying out any research study or survey under this section. [15/2013] (4) A person must not disclose any particulars, received under or pursuant to this section, of any purchaser, intending purchaser or assignee of any purchaser of any unit in a building project unless — ( a ) the disclosure is made for the purposes of this section and with the Minister’s prior approval; ( b ) the disclosure is in the form of statistics which do not identify the purchaser, intending purchaser or assignee; ( c ) the disclosure is to the Chief Statistician pursuant to his or her direction under section 6 of the Statistics Act 1973 where the particulars are not exempted from section 6(2) of that Act from being provided; ( d ) the particulars are already in the public domain at the time of the disclosure; or ( e ) the disclosure is for the purposes of proceedings for an offence under this Act or any rules made under this Act or any report of those proceedings. [15/2013] (5) Any person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [15/2013]


document_id: hdcla-1965
provision_ref: s12
chapter: PART 3 - DUTIES OF LICENSED HOUSING DEVELOPERS
section: 12
title: Sale, disposal, etc., of business requires consent of Controller
content:
12. —(1) Every licensed housing developer must inform the Controller of any proposed arrangement or agreement for any sale or disposal of its business relating to housing development by amalgamation or otherwise or of any proposal for reconstruction. (2) The Controller may approve or withhold approval of such arrangement or reconstruction. (3) Any licensed housing developer that is aggrieved by a decision of the Controller under subsection (2) may, within 14 days of being notified of the decision, appeal to the Minister whose decision is final and shall not be questioned in any court. (4) Any licensed housing developer that fails to comply with subsection (1) shall be guilty of an offence.


document_id: hdcla-1965
provision_ref: s12A
chapter: PART 3 - DUTIES OF LICENSED HOUSING DEVELOPERS
section: 12A
title: Prohibition against anonymous accounts
content:
12A. —(1) A licensed housing developer must not, in connection with any housing development carried out or undertaken by the licensed housing developer, open or maintain any account (whether or not in a Project Account) for, or hold and receive moneys from — ( a ) an anonymous source; or ( b ) a purchaser with an obviously fictitious name. (2) A licensed housing developer that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. [Act 54 of 2018 wef 28/06/2023]


document_id: hdcla-1965
provision_ref: s12B
chapter: PART 3 - DUTIES OF LICENSED HOUSING DEVELOPERS
section: 12B
title:
Customer due diligence measures, additional measures and measures relating to targeted financial sanctions

content:
12B. —(1) A licensed housing developer must perform such customer due diligence measures as may be prescribed at such times as may be prescribed. (2) A licensed housing developer must perform — ( a ) the prescribed measures relating to targeted financial sanctions against terrorism, terrorism financing and proliferation financing; and [Act 15 of 2025 wef 01/07/2025] ( b ) any prescribed additional measures which are necessary or expedient to give effect to any relevant FATF Recommendation. (3) A licensed housing developer that contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. [Act 54 of 2018 wef 28/06/2023]


document_id: hdcla-1965
provision_ref: s12C
chapter: PART 3 - DUTIES OF LICENSED HOUSING DEVELOPERS
section: 12C
title: Record keeping
content:
12C. —(1) A licensed housing developer must keep, for such period as may be prescribed, all documents and information (including any analysis performed) relating to a person that the licensed housing developer obtains as a result of performing the customer due diligence measures required by section 12B. (2) For the purposes of subsection (1), different periods may be prescribed for different documents and information. (3) A licensed housing developer must keep the documents and information required to be kept under subsection (1) in such form as may be prescribed. (4) A licensed housing developer must make the documents and information required to be kept under subsection (1) available upon request to the Controller or an inspector and such other authorities as may be prescribed. (5) A licensed housing developer that contravenes subsection (1), (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. [Act 54 of 2018 wef 28/06/2023]


document_id: hdcla-1965
provision_ref: s12D
chapter: PART 3 - DUTIES OF LICENSED HOUSING DEVELOPERS
section: 12D
title: Suspicious transaction reporting
content:
12D. —(1) Where a licensed housing developer knows or has reasonable grounds to suspect any matter mentioned in section 45(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992, the licensed housing developer must, in accordance with section 45 of that Act, disclose the matter to a Suspicious Transaction Reporting Officer under that Act by way of a suspicious transaction report. [Act 54 of 2018 wef 28/06/2023] [Act 15 of 2025 wef 01/07/2025] (2) A licensed housing developer that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. [Act 54 of 2018 wef 28/06/2023]


document_id: hdcla-1965
provision_ref: s12E
chapter: PART 3 - DUTIES OF LICENSED HOUSING DEVELOPERS
section: 12E
title:
Programmes and measures to prevent money laundering, proliferation financing and terrorism financing

content:
12E. —(1) Without limiting sections 12A to 12D, a licensed housing developer must, in relation to its business of carrying out or undertaking housing development in Singapore, implement adequate programmes and measures to prevent money laundering, proliferation financing and terrorism financing. [Act 15 of 2025 wef 01/07/2025] (2) A licensed housing developer must, in particular — ( a ) take appropriate steps to identify, assess and understand the money laundering, proliferation financing and terrorism financing risks in relation to — (i) its purchasers; (ii) the countries or jurisdictions which its purchasers are from or in; (iii) the countries or jurisdictions in which the licensed housing developer has operations; and (iv) its services, transactions and delivery channels; [Act 15 of 2025 wef 01/07/2025] ( b ) for the purpose of paragraph ( a ) — (i) document its risk assessments; (ii) consider all relevant risk factors before determining the overall level of risk and the appropriate type and extent of mitigation to be applied; (iii) keep its risk assessments up to date; and (iv) have appropriate mechanisms to provide its risk assessments to the Controller; ( c ) develop and implement internal policies, procedures and controls, which must be approved by its senior management, to manage and effectively mitigate the money laundering, proliferation financing and terrorism financing risks identified by it or notified to it by the Controller, including — (i) making appropriate compliance management arrangements, including the appointment of a compliance officer at the management level; and (ii) applying adequate screening procedures when hiring employees; [Act 15 of 2025 wef 01/07/2025] ( d ) have an ongoing programme to train employees on the internal policies, procedures and controls mentioned in paragraph ( c ); ( e ) have an independent audit function to test the internal policies, procedures and controls mentioned in paragraph ( c ); and ( f ) monitor the implementation of the internal policies, procedures and controls mentioned in paragraph ( c ), and enhance them if necessary. (3) The type and extent of the measures to be taken under subsections (1) and (2) must be appropriate having regard to the risk of money laundering, proliferation financing and terrorism financing and the size of the licensed housing developer’s business. [Act 15 of 2025 wef 01/07/2025] (4) Where a licensed housing developer is a company incorporated in Singapore and has a branch or subsidiary, whether in Singapore or elsewhere, the licensed housing developer must develop and implement a group‑level programme to prevent money laundering, proliferation financing and terrorism financing, which programme — ( a ) must be applicable to the licensed housing developer’s branches and subsidiaries, whether in Singapore or elsewhere; ( b ) must include the measures specified under subsection (2); ( c ) must be appropriate to the business of the licensed housing developer’s branches and subsidiaries; ( d ) must be implemented effectively at the level of the licensed housing developer’s branches and subsidiaries; ( e ) must include policies and procedures for providing and sharing information required for the purposes of customer due diligence measures prescribed for the purposes of section 12B and generally for the management of risks relating to money laundering, proliferation financing and terrorism financing; and [Act 15 of 2025 wef 01/07/2025] ( f ) must include adequate safeguards on the confidentiality and use of information exchanged between the licensed housing developer and its branches and subsidiaries. [Act 15 of 2025 wef 01/07/2025] (5) Where a licensed housing developer mentioned in subsection (4) has a branch or subsidiary in a country or territory outside Singapore that has laws for the prevention of money laundering, proliferation financing or terrorism financing that differ from those in Singapore — ( a ) the licensed housing developer must require the management of that branch or subsidiary to apply the more stringent set of laws, to the extent that the law of the host country or territory permits; and ( b ) where that branch or subsidiary is unable to fully apply the more stringent set of laws, the licensed housing developer must report this to the Controller and must, in lieu of paragraph ( a ), comply with such directions as may be given by the Controller. [Act 15 of 2025 wef 01/07/2025] (6) A licensed housing developer that contravenes subsection (1), (2), (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. [Act 54 of 2018 wef 28/06/2023] [Act 15 of 2025 wef 01/07/2025]


document_id: hdcla-1965
provision_ref: s12F
chapter: PART 3 - DUTIES OF LICENSED HOUSING DEVELOPERS
section: 12F
title: Person disqualified to be substantial shareholder
content:
12F. —(1) A person — ( a ) who has been convicted (whether before, on or after the date of commencement of section 14( k ) of the Anti‑Money Laundering and Other Matters (Estate Agents and Developers) Act 2025) of any money laundering, proliferation financing or terrorism financing offence; or [Act 15 of 2025 wef 01/07/2025] ( b ) if a company, partnership, society or limited liability partnership, which has an individual mentioned in paragraph ( a ) holding a responsible position in that company, partnership, society or limited liability partnership, as the case may be, must not be or become a substantial shareholder of a licensed housing developer, whether by increasing the person’s shareholding in the licensed housing developer or otherwise. (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. [Act 54 of 2018 wef 28/06/2023]


document_id: hdcla-1965
provision_ref: s13
chapter: PART 3B - MONITORING AND ENFORCEMENT POWERS
section: 13
title: Appointment of auditors
content:
13. —(1) Every licensed housing developer must appoint annually an auditor whose duties are to make a report upon the annual accounts of the housing developer. (2) The auditor must in every such report state in the auditor’s opinion whether — ( a ) the accounts are fully and fairly and properly drawn up; ( b ) the accounts exhibit a true and correct statement of the licensed housing developer’s affairs; and ( c ) if the auditor has called for explanation or information from the officers or agents of the licensed housing developer, the explanation or information has been satisfactory. [15/2013] (3) If a licensed housing developer fails to appoint an auditor under subsection (1) or at any time fails to fill a vacancy for an auditor, the Minister has power to appoint an auditor and may fix the remuneration to be paid by the licensed housing developer to the auditor. (4) The following persons are not eligible for appointment as an auditor for a licensed housing developer: ( a ) a person having an interest in the business of the licensed housing developer, as a shareholder or otherwise; ( b ) a director, officer, employee or agent of the licensed housing developer. (5) Any person appointed as an auditor to a licensed housing developer must forthwith cease to be its auditor if, after such appointment, the person — ( a ) acquires an interest in the business of the licensed housing developer as a shareholder or otherwise; or ( b ) becomes a director, officer, employee or agent of the licensed housing developer. (6) The duties, powers and liabilities imposed and conferred under section 16 in relation to an investigation by the Controller or an inspector of the affairs of a licensed housing developer under section 14 or 15 are imposed and conferred upon auditors appointed under this section.


document_id: hdcla-1965
provision_ref: s13A
chapter: PART 3B - MONITORING AND ENFORCEMENT POWERS
section: 13A
title: Application of Companies Act 1967
content:
13A. —(1) Sections 162 and 163 of the Companies Act 1967 apply to a licensed housing developer which is an exempt private company subject to the modification that any reference in those sections to an exempt private company does not include a reference to the licensed housing developer; and every such licensed housing developer must comply with the prohibitions in section 162 (relating to loans to its directors) and section 163 (relating to loans to persons connected with the directors of the lending company) of that Act as if it were not an exempt private company. [15/2013] (2) In this section, “exempt private company” has the meaning given by section 4(1) of the Companies Act 1967. [15/2013]


document_id: hdcla-1965
provision_ref: s14
chapter: PART 3B - MONITORING AND ENFORCEMENT POWERS
section: 14
title: Controller or inspector may investigate licensed housing developers
content:
14. —(1) The Controller or an inspector may investigate, under conditions of secrecy, the books, accounts and transactions of each licensed housing developer. [Act 54 of 2018 wef 28/06/2023] (2) In particular, in order to ascertain whether Part 3A, or any rules made under section 22 for the prevention of money laundering, proliferation financing and terrorism financing, or for the reporting of transactions which may involve money laundering, proliferation financing or terrorism financing, necessary or expedient to give effect to any relevant FATF Recommendation, is being complied with, the Controller may, on the Controller’s own motion or upon receiving any written complaint, require a licensed housing developer, or a partner or director of or other person holding a responsible position in a licensed housing developer which is not an individual or a sole proprietorship — ( a ) to produce any document; or ( b ) to provide any information, to the Controller, an inspector or any person appointed by the Controller. [Act 54 of 2018 wef 28/06/2023] [Act 15 of 2025 wef 01/07/2025] (3) The Controller, an inspector or the person appointed by the Controller under subsection (2) may — ( a ) retain the document provided and make and retain copies of the document; and ( b ) record the information provided. [Act 54 of 2018 wef 28/06/2023] (4) The Controller may use the document or information obtained as a basis, or disclose the document, information or explanation, for all or any of the following purposes: ( a ) an investigation of any criminal offence, and any subsequent criminal proceedings, under this Act or any other written law; ( b ) any regulatory action under section 7 against a licensed housing developer. [Act 54 of 2018 wef 28/06/2023] (5) A person — ( a ) who intentionally alters, suppresses or destroys any document or information which the person has been required under this section to produce or provide; or ( b ) who, in producing any document or providing any information required under this section, makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. [Act 54 of 2018 wef 28/06/2023] (6) Any power under this section to require a person to produce any document or to provide information includes the power — ( a ) to take reasonable steps to require the person to produce the document or provide the information immediately or at a place and time specified in writing; ( b ) to require the person to provide an explanation of the document or information; ( c ) if the document or information is not produced or provided, to require the person to state, to the best of the person’s knowledge and belief, where the document or information is; and ( d ) if the information is recorded in electronic form or otherwise than in legible form, to require the information to be made available in the form or format specified by the Controller, inspector or the person appointed by the Controller under subsection (2), or in a legible form. [Act 54 of 2018 wef 28/06/2023]


document_id: hdcla-1965
provision_ref: s15
chapter: PART 3B - MONITORING AND ENFORCEMENT POWERS
section: 15
title: Special investigation of licensed housing developers
content:
15. The Minister may at any time direct the Controller or any inspector to make an investigation, under conditions of secrecy, of the books, accounts and transactions of a licensed housing developer, if the Minister has reason to believe that a licensed housing developer — ( a ) is carrying on its business in a manner detrimental to the purchasers or other persons dealing with the licensed housing developer; ( b ) has insufficient assets to cover its liabilities; or ( c ) is contravening any of the provisions of this Act or any rules made under this Act. [15/2013]


document_id: hdcla-1965
provision_ref: s16
chapter: PART 3B - MONITORING AND ENFORCEMENT POWERS
section: 16
title: Examination of affairs of licensed housing developer
content:
16. —(1) The Minister may cause an investigation, under conditions of secrecy, to be made by the Controller or an inspector of the affairs of a licensed housing developer on the application of at least 5 purchasers. (2) Such an application must be supported by such evidence as the Minister may require to be satisfied that the applicants have good reason for requiring an investigation. (3) The Minister may also require the applicants to give such security as the Minister may consider sufficient to pay the costs of any investigation.


document_id: hdcla-1965
provision_ref: s17
chapter: PART 3B - MONITORING AND ENFORCEMENT POWERS
section: 17
title: Production of books, accounts and documents of licensed housing developer
content:
17. —(1) For the purposes of an investigation under sections 14, 15 and 16, a licensed housing developer must give the Controller or an inspector access to its books, accounts and documents and must give any information and facilities that may be required to conduct the investigation. (2) Any licensed housing developer that does not, as is required under subsection (1), give the Controller or an inspector access to its books, accounts and documents or give any information and facilities that may be required to conduct an investigation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and to a further fine not exceeding $5,000 for every day during which the offence continues after conviction. [15/2013]


document_id: hdcla-1965
provision_ref: s17A
chapter: PART 3B - MONITORING AND ENFORCEMENT POWERS
section: 17A
title: Investigation and enforcement powers in relation to show units
content:
17A. —(1) For the purpose of ascertaining whether a licensed housing developer has complied with any provision of this Act or any rules made under this Act, any condition attached to its licence granted under section 4(5) or any direction issued by the Controller under subsection (3) in relation to any show unit, the Controller may — ( a ) enter, inspect and examine, at any reasonable time, any premises which are used or proposed to be used as or to display the show unit; ( b ) take any measurements, photographs and video recordings of the premises (including anything in the premises) that he or she thinks fit; and ( c ) take and retain any article, material, model, map, plan or document, or any sample or copy thereof, in the premises as he or she thinks fit. [15/2013] (2) The licensed housing developer and the occupier of the premises must give the Controller such information, cooperation and means as the Controller may require for the exercise of any of his or her powers under subsection (1). [15/2013] (3) If the Controller is of the opinion that a licensed housing developer has not complied with any provision of this Act or any rules made under this Act or any condition attached to its licence granted under section 4(5) in relation to any show unit, the Controller may direct the licensed housing developer — ( a ) to take any action that the Controller may consider necessary to rectify any matter relating to the show unit; ( b ) to publish, display or disseminate any information relating to the show unit or the building project connected with the show unit, in the form and manner and within the time, that the Controller may determine; or ( c ) to refrain from displaying or advertising, or cease any display or advertisement of, the show unit until the Controller is satisfied that the licensed housing developer has taken all such actions directed by the Controller under this subsection. [15/2013] (4) Any person who — ( a ) obstructs or delays the Controller in the exercise of any of his or her powers under subsection (1); or ( b ) fails to comply with any requirement of the Controller under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. [15/2013] (5) Any person who fails to comply with any direction of the Controller under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [15/2013] (6) In this section, the reference to the Controller includes a reference to an inspector. [15/2013]


document_id: hdcla-1965
provision_ref: s18
chapter: PART 3B - MONITORING AND ENFORCEMENT POWERS
section: 18
title:
Action by Minister if licensed housing developer unable to meet obligations or is conducting business to the detriment of purchasers or the public

content:
18. —(1) Where — ( a ) a licensed housing developer informs the Controller — (i) that it considers that it is likely to become unable to meet its obligations; or (ii) that it is about to suspend building operations; ( b ) a licensed housing developer becomes unable to meet its obligations to the purchasers or the public; ( c ) after investigation is made under section 14, 15 or 16, the Controller is of the opinion that a licensed housing developer — (i) is likely to become unable to meet its obligations to the purchasers or the public; or (ii) is carrying on its business in a manner detrimental to the interests of the purchasers or to the public; or ( d ) the licence of a housing developer has been revoked under section 7(1), the Minister may take any action that he or she may consider necessary in the circumstances. (2) Without limiting subsection (1), the Minister may for the purposes of taking action under subsection (1) — ( a ) require the licensed housing developer or housing developer (as the case may be) to take any steps that he or she may consider necessary to rectify any matter; ( b ) appoint a person to advise the licensed housing developer or housing developer (as the case may be) in the conduct of its business or winding up of its business; ( c ) direct a company or statutory board to assume control and carry on the business of the licensed housing developer or housing developer (as the case may be) on any terms and conditions that the Minister may determine; or ( d ) direct the licensed housing developer to apply to the General Division of the High Court for the winding up of the business of the licensed housing developer or housing developer, as the case may be. [42/2005; 40/2019]


document_id: hdcla-1965
provision_ref: s19
chapter: PART 3B - MONITORING AND ENFORCEMENT POWERS
section: 19
title: Control of licensed housing developer by company or statutory board
content:
19. —(1) Where a company or statutory board has assumed control of the business of a licensed housing developer under section 18(2)( c ), the company or statutory board is, subject to subsection (2), to remain in control of and continue to carry on the business of the licensed housing developer for the time that the Minister may by written order direct. (2) Where a company or statutory board has assumed control of the business of a licensed housing developer under section 18(2)( c ) or ceases to control the business of a licensed housing developer under this section, the Controller must notify that fact in the Gazette .


document_id: hdcla-1965
provision_ref: s20
chapter: PART 3B - MONITORING AND ENFORCEMENT POWERS
section: 20
title: Punishment for failure to comply with directions of Minister
content:
20. A licensed housing developer or housing developer (as the case may be) that fails to — ( a ) take any steps that the Minister may require under section 18(2)( a ); ( b ) act in accordance with the advice given by a person appointed by the Minister under section 18(2)( b ); or ( c ) apply to the General Division of the High Court for the winding up of its business in accordance with a direction made by the Minister under section 18(2)( d ), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and to a further fine not exceeding $5,000 for every day during which the offence continues after conviction. [42/2005; 15/2013; 40/2019]


document_id: hdcla-1965
provision_ref: s21
chapter: PART 3B - MONITORING AND ENFORCEMENT POWERS
section: 21
title:
Licensed housing developer under control of company or statutory board to cooperate with company or statutory board and Controller

content:
21. —(1) Where a company or statutory board has assumed control of the business of a licensed housing developer under section 18(2)( c ), the licensed housing developer must submit its business to the control of the company or statutory board and must give the company or statutory board any facilities that the Controller may require to carry on the business of that licensed housing developer. (2) Any licensed housing developer that fails to comply with subsection (1) or with any requirement of the Controller under that subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and to a further fine not exceeding $5,000 for every day during which the offence continues after conviction. [15/2013]


document_id: hdcla-1965
provision_ref: s22
chapter: PART 4 - POWER TO MAKE RULES AND TO ISSUE DIRECTIONS
section: 22
title: Rules
content:
22. —(1) The Minister may make rules for or in respect of every purpose which he or she considers necessary for carrying out the provisions of this Act and for the prescribing of any matter which is authorised or required under this Act to be prescribed. (2) Without limiting subsection (1), the Minister may by rules provide for — ( a ) the regulation of the advertisements of a licensed housing developer; ( b ) the prevention of money laundering, proliferation financing and terrorism financing, or the reporting of transactions which may involve money laundering, proliferation financing or terrorism financing, necessary or expedient to give effect to any relevant FATF Recommendation, including describing — (i) the measures which a licensed housing developer must take when preparing for or carrying out any transaction concerning a housing development; (ii) the customer due diligence measures which must be conducted by a licensed housing developer to prevent money laundering, proliferation financing and terrorism financing; and [Act 15 of 2025 wef 01/07/2025] (iii) the additional measures relating to targeted financial sanctions against terrorism, terrorism financing and proliferation financing which a licensed housing developer must take when preparing for or carrying out any transaction concerning a housing development; [Act 54 of 2018 wef 28/06/2023] [Act 15 of 2025 wef 01/07/2025] ( c ) the payments by the purchaser before and during the construction of the house, flat or other housing accommodation, including — (i) the amount of the maximum initial deposit that may be accepted from a purchaser before an agreement to purchase land or for the construction of a house, flat or other housing accommodation is signed, or on signing the agreement, and the conditions that must be satisfied before a licensed housing developer may sign such an agreement with a purchaser; (ii) the stage of construction at which each instalment becomes payable and the percentage in relation to the total cost of the house that is payable in respect of each instalment; (iii) the requirements to be fulfilled before a licensed housing developer can require a purchaser to pay an instalment which is due; and (iv) the amount of the purchase price, expressed as a percentage of the total price which the purchaser is not required to pay before the certificate of statutory completion is issued; ( ca ) the disclosure in any contract that is to be used by a licensed housing developer, the licensed housing developer’s agent or nominee and a purchaser of any limited common property comprised in the development; ( d ) the form or forms of the contract that must be used by a licensed housing developer, the licensed housing developer’s agent or nominee and a purchaser as a condition of the grant of a licence under this Act; ( e ) the conditions, which if used in any contract between a licensed housing developer, the licensed housing developer’s agent or nominee and a purchaser, are void; ( f ) the fees and charges to be paid for any matter or thing to be done for the purposes of this Act; ( g ) the regulation of the Project Account including — (i) prescribing moneys which must be paid into a Project Account; and (ii) prescribing moneys which may be withdrawn from a Project Account and the conditions for such withdrawal; ( h ) the regulation of show units for the purpose of ensuring that any information about or depiction of any house, flat or other housing accommodation offered for sale is accurate, including but not limited to — (i) requiring a licensed housing developer or any class of licensed housing developers to erect, set up or display a show unit or such type of show units as may be prescribed; (ii) prescribing matters, for compliance by a licensed housing developer or any class of licensed housing developers, relating to the erection, furnishing, decoration, setting up or display of a show unit and its contents, including but not limited to its size, dimensions, boundaries, structures, installations, articles, materials and finishes, features, facilities, fittings and appliances; and (iii) requiring a licensed housing developer or any class of licensed housing developers to give visitors to a show unit any information, permissions and facilities that may be prescribed; ( i ) the requirements relating to any information, map, plan, model or sample of any material that a licensed housing developer or any class of licensed housing developers may display or provide to any purchaser or prospective purchaser in relation to any house, flat or other housing accommodation offered for sale; ( j ) the regulation of the manner in which any house, flat or other housing accommodation is marketed or promoted, or the sale thereof is carried out, by a licensed housing developer or any class of licensed housing developers; ( k ) the regulation of the collection or receipt by a licensed housing developer of any cheque or other form of payment in respect of the sale or prospective sale of any house, flat or other housing accommodation; ( l ) the publication (in any form and manner that the Controller may specify) by a licensed housing developer of the purchase price and any other particulars that may be prescribed relating to an option to purchase or the sale of a house, flat or other housing accommodation; and ( m ) the regulation of any benefit (in the form of payment, rebate, reimbursement, allowance, discount, voucher or other benefit (whether monetary or otherwise)) that a licensed housing developer (or the licensed housing developer’s agent or nominee) may give or agree to give to a purchaser or an intending purchaser in relation to or conditional upon the sale of any house, flat or other housing accommodation including — (i) requiring the disclosure of such benefit (including its amount or monetary value) in a contract between the licensed housing developer (or the licensed housing developer’s agent or nominee) and the purchaser or intending purchaser; (ii) requiring the publication (in any form and manner that the Controller may specify) by the licensed housing developer of the amount or monetary value of such benefit; and (iii) prescribing the manner of determining the monetary value of such benefit. [47/2004; 15/2013; 35/2017] (3) Rules made under this section — ( a ) may prescribe that any act or omission in contravention of any rules is an offence; ( aa ) may prescribe such saving and transitional provisions as may be necessary or expedient; [Act 54 of 2018 wef 28/06/2023] ( b ) may provide for the imposition of penalties not exceeding a fine of $5,000 or imprisonment for a term of 3 years or both; and ( c ) may provide that in addition to such fine or imprisonment or fine and imprisonment, the penalty may extend to the cancellation or suspension of a licence. (4) The Minister may, instead of making any rules prescribing the forms which by this Act are required to be or may be prescribed, authorise the Controller to prescribe any forms that the Controller thinks fit. (5) All rules made under this section must be published in the Gazette and must be presented to Parliament as soon as possible after publication.


document_id: hdcla-1965
provision_ref: s23
chapter: PART 4 - POWER TO MAKE RULES AND TO ISSUE DIRECTIONS
section: 23
title: Power to give directions
content:
23. —(1) The Controller may give written directions to a licensed housing developer to ensure compliance with the provisions of this Act or any rules made under this Act. (2) Any licensed housing developer that fails to act or omits to act in accordance with the Controller’s directions shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and to a further fine not exceeding $5,000 for every day during which the offence continues after conviction. (3) The licensed housing developer may, in addition to such a punishment, be liable to have its licence cancelled or suspended. [15/2013]


document_id: hdcla-1965
provision_ref: s24
chapter: PART 5 - GENERAL
section: 24
title: Immunity of Government, Controller, etc.
content:
24. —(1) The Government, the Controller, the Deputy Controller, any authorised officer, any inspector or any other officer of the Government shall not be subject to any action, claim or demand by or liability to any person in respect of anything done or omitted to be done in good faith in pursuance or in execution or intended execution or in connection with the execution or intended execution of any power conferred upon the Government, the Controller, the Deputy Controller or such authorised officer, inspector or other officer by this Act. [15/2013] (2) For the purposes of this section, the Minister and any public officer are deemed to be an officer of the Government.


document_id: hdcla-1965
provision_ref: s25
chapter: PART 5 - GENERAL
section: 25
title: Individuals not eligible to take part in management of business of licensed housing developers
content:
25. —(1) Without affecting any additional restriction or prohibition in any other written law relating to companies, cooperative societies, societies, limited liability partnerships or partnerships, any person who — ( a ) is convicted of an offence (whether in Singapore or elsewhere) involving fraud or dishonesty must not hold or continue to hold a responsible position in a licensed housing developer until the expiry of 5 years after the later of the following dates: (i) the date of his or her conviction; (ii) where he or she is sentenced to a term of imprisonment, the date of his or her release from imprisonment; ( b ) is an undischarged bankrupt (whether in Singapore or elsewhere) must not hold or continue to hold a responsible position in a licensed housing developer; [Act 54 of 2018 wef 28/06/2023] ( ba ) any person who has been convicted (whether before, on or after the date of commencement of section 14( p ) of the Anti‑Money Laundering and Other Matters (Estate Agents and Developers) Act 2025) of any money laundering, proliferation financing or terrorism financing offence must not hold or continue to hold a responsible position in a licensed housing developer; and [Act 54 of 2018 wef 28/06/2023] [Act 15 of 2025 wef 01/07/2025] ( c ) holds a responsible position in a licensed housing developer must cease to hold that position if he or she suspends payment to or compounds with his or her creditors. [15/2013] (2) Any person holding a responsible position in a licensed housing developer that — ( a ) is wound up by a court under the Insolvency, Restructuring and Dissolution Act 2018 or the Limited Liability Partnerships Act 2005; ( b ) is dissolved under section 33, 34 or 35 of the Partnership Act 1890 or section 24 of the Societies Act 1966; or ( c ) is wound up under section 83 of the Co-operative Societies Act 1979, must not, except with the Minister’s written approval, hold or continue to hold a responsible position in any other licensed housing developer. [15/2013; 40/2018] (3) Any person who contravenes subsection (1)( a ), ( b ) or ( c ) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both. [15/2013] [Act 54 of 2018 wef 28/06/2023] (4) Any person who contravenes subsection (1)( ba ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. [Act 54 of 2018 wef 28/06/2023]


document_id: hdcla-1965
provision_ref: s26
chapter: PART 5 - GENERAL
section: 26
title: Penalty for offences not otherwise provided for
content:
26. Any licensed housing developer that is guilty of an offence for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $50,000. [15/2013]


document_id: hdcla-1965
provision_ref: s27
chapter: PART 5 - GENERAL
section: 27
title: Offences by bodies corporate, etc.
content:
27. —(1) Where an offence under this Act or any rules made under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. [15/2013] (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member of the body corporate in connection with the member’s functions of management as if the member were a director of the body corporate. [15/2013] (3) Where an offence under this Act or any rules made under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner of the partnership; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. [15/2013] (4) Where an offence under this Act or any rules made under this Act committed by a limited liability partnership is proved — ( a ) to have been committed with the consent or connivance of a partner or manager of the limited liability partnership; or ( b ) to be attributable to any neglect on the part of such a partner or manager, the partner or manager (as the case may be) as well as the limited liability partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. [15/2013] (5) Where an offence under this Act or any rules made under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or member, the officer or member (as the case may be) as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. [15/2013] (6) In this section — “body corporate” and “partnership” exclude a limited liability partnership; “officer” — ( a ) in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee, and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. [15/2013] (7) The Minister may make rules to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore. [15/2013]


document_id: hdcla-1965
provision_ref: s27A
chapter: PART 5 - GENERAL
section: 27A
title: Composition of offences
content:
27A. —(1) The Controller may compound any offence under this Act or any rules made under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding one half of the amount of the maximum fine that is prescribed for the offence. [Act 15 of 2025 wef 01/07/2025] (2) On payment of the sum of money, no further proceedings may be taken against that person in respect of the offence. [15/2013] (3) The Minister may make rules to prescribe the offences which may be compounded. [15/2013] (4) All sums collected under this section must be paid to the Consolidated Fund. [15/2013]


document_id: hdcla-1965
provision_ref: s28
chapter: PART 5 - GENERAL
section: 28
title: Exemption
content:
28. The Minister may by notification in the Gazette exempt any person, group of persons, partnership, society or company or statutory board from all or any of the provisions of this Act. [37/2008]


document_id: hdcla-1965
provision_ref: s29
chapter: PART 5 - GENERAL
section: 29
title: Consent of Public Prosecutor
content:
29. No prosecution in respect of any offence under this Act may be instituted except with the consent of the Public Prosecutor. [15/2010]


document_id: hea-1968
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, “endowment” means any endowment in land, building or money given or to be given for the support of any Hindu temple or Hindu shrine or school or other Hindu pious, religious, charitable or beneficial purpose.


document_id: hea-1968
provision_ref: s3
section: 3
title: Constitution
content:
3. There shall be constituted a Hindu Endowments Board (referred to in this Act as the Board) which shall exercise the functions conferred on it by this Act.


document_id: hea-1968
provision_ref: s4
section: 4
title: Board to be a corporation
content:
4. —(1) The Board shall be a body corporate having perpetual succession and a common seal, and the seal may from time to time be broken, changed, altered and made anew as to the Board seems fit. (2) The Board may sue and be sued in its corporate name.


document_id: hea-1968
provision_ref: s5
section: 5
title: Membership
content:
5. —(1) The Board shall consist of — ( a ) a Chairman; ( b ) a Vice-Chairman; ( c ) a Finance member; and ( d ) not less than 8 and not more than 12 other members, all of whom shall be appointed by the Minister. (2) Subject to the provisions of this Act and unless the contrary intention appears in the instrument of appointment, the appointment of members under subsection (1) shall be for a period of 3 years from the date thereof. (3) The members of the Board shall be eligible for re‑appointment except that a Finance member shall not be appointed for more than 2 consecutive terms as a Finance member but may, at the end of the second consecutive term, be appointed in any capacity in the Board except as a Finance member. (4) No person shall be appointed a member of the Board under subsection (1) unless he — ( a ) is a Hindu; and ( b ) is a citizen of Singapore. (5) The members of the Board shall be deemed to be public servants for the purposes of the Penal Code 1871.


document_id: hea-1968
provision_ref: s6
section: 6
title: Secretary
content:
6. —(1) The Secretary of the Board shall be a public officer and shall be appointed by the Minister. (2) The Secretary of the Board shall convene and attend all meetings of the Board but shall not have the right to vote.


document_id: hea-1968
provision_ref: s8
section: 8
title: Determination of appointment
content:
8. Without prejudice to sections 5(2) and 9, the appointment of any member of the Board determines — ( a ) upon his death; ( b ) if he resigns his appointment, by writing addressed to the Minister through the Secretary of the Board; ( c ) if he is absent from Singapore, without written permission from the Chairman, for a period exceeding 3 months; or ( d ) if he is declared a bankrupt.


document_id: hea-1968
provision_ref: s9
section: 9
title: Revocation of appointment
content:
9. The Minister may revoke the appointment of any member of the Board — ( a ) if the conduct of the member, whether in connection with the duties of the appointment or otherwise, is in the opinion of the Minister such as to bring discredit upon the Board; ( b ) if for any reason the member becomes unable properly to carry out the duties of his appointment; ( c ) if, without due cause to be approved by the Chairman, the member absents himself from 3 successive meetings of the Board; or ( d ) if the Minister considers it desirable in the public interest to revoke the appointment.


document_id: hea-1968
provision_ref: s10
section: 10
title: Strangers at meetings
content:
10. —(1) The Chairman may invite to any meeting of the Board any person who is not a member of the Board if the business before the meeting renders the presence of that person desirable. (2) Any person so invited shall be entitled to take part in the proceedings of the Board, but shall not have the right to vote.


document_id: hea-1968
provision_ref: s11
section: 11
title: Chairman
content:
11. —(1) The Chairman and in his absence the Vice‑Chairman shall preside at all meetings of the Board. (2) In the absence of the Chairman and the Vice‑Chairman, the Board may elect any other member to act as Chairman. (3) The Chairman is entitled to vote. In the event of an equality of votes, the Chairman shall have a casting vote. (4) The proceedings of the Board shall be secret and no member or employee thereof shall disclose or divulge to any person, other than the Minister or any person authorised by the Minister or any member of the Board, any fact or matter which has been disclosed or arisen at any meeting unless he is authorised by the Board in writing or he is ordered by a court to do so.


document_id: hea-1968
provision_ref: s12
section: 12
title: Quorum
content:
12. —(1) No business, except that of adjournment, shall be transacted and no action or resolution of the Board shall be valid unless at least 7 members or one‑third of the members, whichever is the greater, are present at the meeting. (2) The Board may, subject to subsection (1), act notwithstanding any vacancy in its membership.


document_id: hea-1968
provision_ref: s13
section: 13
title: Use of seal
content:
13. —(1) The seal of the Board shall be kept in the custody of the Secretary of the Board. (2) The seal shall be affixed in the presence of the Chairman and the Secretary of the Board who shall sign as witnesses: Provided that, in the absence of the Chairman or the Secretary of the Board or both, the seal shall be affixed in the presence of a member or members of the Board, as the case may be, who has or have been authorised in that behalf by the Board, and such member or members shall sign as witnesses. (3) The following documents shall be executed under the corporate seal of the Board: ( a ) documents requiring registration under any written law; ( b ) documents authorising any person to act for any particular purpose on behalf of the Board; ( c ) such other documents or classes of documents as the Minister may from time to time direct.


document_id: hea-1968
provision_ref: s14
section: 14
title: Duties and powers of Secretary and Finance member
content:
14. —(1) Subject to such directions as may be given to him by the Chairman, the Secretary of the Board shall have charge of all correspondence and documents of the Board, including all title deeds, and shall in all other respects carry out such duties as may be imposed upon him by this Act or allotted to him by direction of the Board. (2) The Finance member shall have charge of all books of account of the Board and shall be responsible for the proper collection of, accounting for and disposal of all funds of the Board.


document_id: hea-1968
provision_ref: s15
section: 15
title: Minutes
content:
15. —(1) The Secretary of the Board shall keep minutes of all meetings of the Board and at every meeting the minutes of the previous meeting, which shall have been previously circulated to members of the Board, shall be confirmed, subject to any amendment which may be required. (2) Such minutes shall be entered in the minute book of the Board and shall include a full record of every resolution of the Board. (3) As soon as possible after every meeting of the Board a copy of the minutes shall be sent to the Minister. If on confirmation the minutes are amended, the Minister shall forthwith be informed of the amendments made.


document_id: hea-1968
provision_ref: s16
section: 16
title: Appointment of committees
content:
16. —(1) The Board may from time to time appoint committees, other than a committee of management referred to in section 20, consisting of one or more persons (whether members of the Board or not) for the purpose of advancing its objectives. (2) The Board may define and vary the terms of reference of such committees and alter and discharge such committees. (3) Subject to this Act and to the control of the Board, a committee appointed under this section may regulate its own procedure.


document_id: hea-1968
provision_ref: s17
section: 17
title: Power to acquire, develop, etc., property
content:
17. —(1) The Board may — ( a ) enter into contracts and may acquire, purchase, take, hold and enjoy any property movable and immovable; ( b ) solely or in partnership, erect any building on or develop any immovable property vested in, belonging to or acquired by the Board; and ( c ) convey, assign, surrender and yield up, charge, mortgage, demise, reassign, lease, sublease or licence, transfer or otherwise dispose of, or deal with, any movable or immovable property vested in, belonging to or acquired by the Board upon such terms as the Board thinks fit. (2) A property vested in the Board may be developed, disposed of or otherwise dealt with by the Board in the manner provided under subsection (1)( b ) and ( c ) notwithstanding section 19 or a trust or condition (express or implied) prohibiting or restricting such development, disposal of or other dealing with the property.


document_id: hea-1968
provision_ref: s17A
section: 17A
title: Power to form company, etc.
content:
17A. The Board may, with the approval of the Minister, form or participate in the formation of any company, or enter into any joint venture or partnership, to carry out any of the following: ( a ) the purposes of this Act; ( b ) the functions conferred or activities authorised by this Act; ( c ) the purposes of any endowment administered by the Board pursuant to an order of the Minister under section 18. [12/2010]


document_id: hea-1968
provision_ref: s18
section: 18
title: Minister may order endowment to be administered by Board
content:
18. —(1) Whenever it appears to the Minister on the report of the Board that — ( a ) any endowment has been mismanaged; ( b ) there are no trustees appointed for the management of any endowment; or ( c ) it would be otherwise to the advantage of any endowment that it should be administered by the Board, the Minister may order that the endowment shall be administered by the Board. (2) The persons who manage the endowment shall be given an opportunity to make representations to the Minister within such period as the Minister may specify before an order is made under this section.


document_id: hea-1968
provision_ref: s19
section: 19
title: Property to vest in Board
content:
19. —(1) From the date of such an order all the property, both movable and immovable, which the trustees of that endowment, if legally appointed, would have been entitled to administer, shall be vested in the Board upon the trusts and for the intents and purposes to which the endowment is applicable. (2) On or after the date of that order, the Board shall, by a statement in writing, under the seal of the Board, appended to a copy of the order, specify any land that has become vested in the Board by virtue of the order, and deliver that statement to the Registrar of Deeds. (3) The Registrar of Deeds shall thereupon make such entry in the books of the registry as is sufficient to afford notice to persons searching the register that the land specified in that statement is claimed to have become vested in the Board by virtue of that order and of this section.


document_id: hea-1968
provision_ref: s20
section: 20
title: Board to appoint committee of management
content:
20. —(1) For the purpose of the management of each such endowment or part thereof, the Board shall, subject to the approval of the Minister, appoint a committee of management to act under the control of the Board. (2) Every such committee shall consist of at least one member of the Board, and of not more than 11 other persons. [17/2020] (3) Every such committee shall meet at least once a month and the quorum at all meetings of the committee shall be 6 members present. [17/2020] (4) The members of every such committee shall be appointed for a period of not more than 3 years and shall be eligible for re‑appointment. [17/2020] (5) No person shall be appointed a member of such a committee unless he — ( a ) is a Hindu; and ( b ) is a citizen of Singapore. (6) The members of such a committee shall be deemed to be public servants for the purposes of the Penal Code 1871. (7) It shall be the duty of every such committee to inform the Board of all acts and things done by the committee. (8) The Board may, subject to the approval of the Minister, remove any member of such a committee and appoint another in his place.


document_id: hea-1968
provision_ref: s21
section: 21
title: Powers and functions of Board
content:
21. The Board shall, with respect to any such endowment, have all such powers as it would have had if it had been named as trustee in the instrument creating the endowment, and in addition may, in any case — ( a ) appoint and remove any employee of any such endowment; ( b ) receive and collect the income of the endowment; ( c ) expend the income — (i) in defraying the expenses of the management of the endowment and of the Board; (ii) in carrying out the purposes of the endowment; (iii) in promoting social, cultural, educational or other activities that the Board considers to be for the public benefit; and (iv) in fostering inter-religious communication and harmony; ( d ) raise funds by means of voluntary subscriptions, donations or contributions for the purposes of exercising its powers, performing its duties and discharging its obligations under this Act; and ( e ) promote or undertake publicity in any form. [12/2010]


document_id: hea-1968
provision_ref: s22
section: 22
title: Power to require accounts from any trustee and others
content:
22. —(1) The Board may at any time require written accounts and statements and answers to enquiries relating to any endowment or the property or income thereof to be rendered by any of the following persons: ( a ) trustees or persons who are or have been at any time acting or concerned in the administration of the endowment or income or in the receipt or payment of any moneys thereof; ( b ) agents of any such trustees or persons; ( c ) persons having possession, custody or control of any funds or moneys of the endowment; ( d ) persons in the beneficial receipt of any funds thereof or of any income or stipend therefrom; ( e ) persons in the possession or occupation or management of any property thereof; ( f ) persons having the possession, custody or control of any documents concerning the endowment or any property thereof. (2) All such accounts, statements and answers shall be verified by the oath or affirmation of the person rendering them, which the Secretary of the Board is hereby authorised to administer or take.


document_id: hea-1968
provision_ref: s23
section: 23
title: Power to require trustees and others to attend and be examined
content:
23. The Board may require all or any of such trustees and persons as aforesaid to attend before it respectively at such times and places as are reasonably appointed, for the purpose of being examined in relation to the endowment, and to answer the questions put to them, and to produce upon their examination any documents in their custody or power relating to the endowment or the property thereof, and may examine upon oath or otherwise all such persons and all persons voluntarily attending and may administer oaths.


document_id: hea-1968
provision_ref: s24
section: 24
title: Penalty for non-compliance
content:
24. Any person who refuses or wilfully neglects to comply with any requisition or order of the Board made under this Act, or destroys or withholds any document required to be produced or transmitted by him, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $50 for every day during which the offence continues after conviction. [12/2010]


document_id: hea-1968
provision_ref: s25
section: 25
title: Board to entertain application for advice
content:
25. —(1) The Board shall consider all applications which are made to it by a trustee or other person having any concern in the management or administration of any endowment for its opinion or advice respecting the endowment or the management or administration thereof, or the estates, funds, property or income thereof, or any question or dispute relating to the same respectively, and may upon any such application give such opinion or advice as it thinks expedient. (2) Such opinion or advice shall be in writing under the seal of the Board, and every trustee and other person who acts upon or in accordance with the opinion or advice given by the Board shall, in respect of so acting, be deemed and taken so far as respects his own responsibility to have acted in accordance with his trust. (3) No judicial order or direction subsequently made or given by the General Division of the High Court shall interfere with or impair the indemnity by this Act given to trustees and other persons who have acted upon or in accordance with such opinion or advice of the Board. [40/2019] (4) Nothing herein shall extend to indemnify any trustee or other person for any act done in accordance with the opinion or advice of the Board if the trustee or other person has been guilty of any fraud or of any wilful concealment or misrepresentation in obtaining the opinion or advice.


document_id: hea-1968
provision_ref: s26
section: 26
title: Notice of legal proceedings as to any endowment to be given to Board
content:
26. —(1) Before any legal proceeding for obtaining any relief, order or direction concerning or relating to any endowment or the estate, funds, property or income thereof is commenced or taken by any person, the person shall transmit to the Board notice in writing of the proposed proceeding, and such information as is requisite or proper or is required from time to time by the Board for explaining the nature and objects thereof. (2) The Board may, if it thinks fit, by an order under its seal, authorise or direct any such proceeding to be commenced or taken with respect to that endowment either for the objects and in the manner specified or mentioned in that notice or for such other objects and in such manner and form and subject to such provisions for securing the endowment against liability to any costs or expenses, and to such other provisions for the protection or benefit of the endowment as the Board thinks proper. (3) The Board may by such order require and direct that any proceeding so authorised by it with respect to any endowment shall be delayed during such period as seems proper, and every such order may be in such form as the Board thinks fit. (4) Except as herein otherwise provided, no legal proceeding for obtaining any such relief, order or direction shall be entertained or proceeded with by the General Division of the High Court or by any court or judge except upon and in conformity with an order of the Board. [40/2019] (5) Nothing in this Act shall extend to or affect any legal proceeding in which any person claims any property or seeks any relief adversely to any endowment.


document_id: hea-1968
provision_ref: s27
section: 27
title: Power to compromise and adjust actions, etc.
content:
27. —(1) If in any case it appears to the Board that any claim or demand or cause of action against any person in relation to any endowment to which this Act applies, or against such an endowment or against the trustees or administrators thereof, may with advantage to the endowment, or should, under the special circumstances of the case, be compromised or adjusted without continuing any legal proceedings, the Board may make such order for and in relation to an agreement for such a compromise and adjustment as it thinks fit. (2) Upon due performance of the terms and conditions of the compromise or adjustment, such an agreement shall be a final bar to all proceedings in respect of the cause of action that was compromised or adjusted.


document_id: hea-1968
provision_ref: s28
section: 28
title: Power to sanction improvements
content:
28. Whenever it appears to the Board that any endowment administered by it would be benefited by — ( a ) letting any part of the lands or buildings thereof, other than any temple or the grounds thereof, on occupation or lease; ( b ) digging for or raising stone, clay, sand, gravel or other minerals; ( c ) cutting timber or other vegetation; ( d ) forming any new road or street; ( e ) making, renewing or improving any drains or sewers; ( f ) erecting new buildings or fences; ( g ) the repair, alteration, extension, rebuilding or removal of any existing building; ( h ) making any improvements or alterations in the state or condition of the lands of the endowment; or ( i ) the sale or exchange of any lands or buildings, other than any temple or the grounds thereof, belonging to the endowment, the Board may grant any such lease or do any such act, although such leases or acts are not specifically authorised or permitted by the trusts of the endowment, and may apply any moneys belonging to the endowment for any of the purposes or acts.


document_id: hea-1968
provision_ref: s29
section: 29
title: Annual report, accounts and audit
content:
29. —(1) The Secretary of the Board shall keep or cause to be kept full and true accounts of all properties, funds, securities, investments and assets belonging to or arising out of the endowments administered by the Board and also of all moneys received and paid respectively on account of such endowments and shall, as soon as possible after 31 March of every year but not later than 31 December of that year, prepare and submit to a meeting of the Board a report on the activities of the Board for the preceding financial year, together with a balance sheet as at 31 March, an income and expenditure account for the year and a list of properties and investments of each endowment showing their cost, if bought, and estimated value as at 31 March. (2) Such annual balance sheet, income and expenditure account and list of properties and investments shall, prior to their submission to a meeting of the Board, be audited and certified as correct by an auditor to be appointed by the Board and approved by the Minister. (3) For the purposes of subsection (1), “financial year” means a period of 12 months ending on 31 March in any year.


document_id: hea-1968
provision_ref: s30
section: 30
title: Publication of annual report and accounts
content:
30. The Secretary of the Board shall, within 14 days after the meeting of the Board referred to in section 29(1) — ( a ) submit a copy of the annual report and accounts to the Minister; and ( b ) cause a copy of the annual report and accounts — (i) to be published in the Gazette ; and (ii) to be exhibited in all temples administered by the Board.


document_id: hea-1968
provision_ref: s31
section: 31
title: Power of Board to frame new scheme
content:
31. Whenever it appears to the Board to be desirable that a scheme should be framed and approved for the application or management or a change in the management of any endowment, or for the closing and winding up of any endowment, the Board may frame such a scheme and submit it for the approval of the General Division of the High Court in the manner and subject to the provisions hereinafter mentioned. [40/2019]


document_id: hea-1968
provision_ref: s32
section: 32
title: Filing of scheme and notice thereof
content:
32. —(1) Every such scheme shall be filed in the General Division of the High Court, together with an originating application for the approval of the scheme by the General Division of the High Court, and notice thereof shall be given in such manner as the Board in each case considers proper or expedient for ensuring due publicity. [42/2005; 40/2019] [Act 25 of 2021 wef 01/04/2022] (2) Every such notice shall contain the substance of the proposed scheme and such particulars thereof as are deemed by the Board sufficient to show the nature thereof, and shall refer to some convenient place where a copy of the proposed scheme is deposited and may be inspected. (3) Every such notice shall require any objections to the scheme to be stated or transmitted to the General Division of the High Court within one month from the time when the notice is given. [40/2019]


document_id: hea-1968
provision_ref: s33
section: 33
title: Court may alter or modify or approve scheme
content:
33. —(1) After the expiration of one month from the time when the notice was given, the application shall be heard on a day to be fixed by the General Division of the High Court. [42/2005; 40/2019] (2) At the hearing of the application, the General Division of the High Court shall consider any objections so made, and may, if it thinks fit, alter or modify the scheme according to any such objections, and after all the objections have been made, the General Division of the High Court may proceed to approve the scheme and to certify it in the manner hereinafter mentioned. [42/2005; 40/2019]


document_id: hea-1968
provision_ref: s34
section: 34
title: Schemes when approved to be certified by Court
content:
34. —(1) Every scheme approved by the General Division of the High Court shall be certified by it, and for that purpose shall be embodied in a certificate to be made and signed by the General Division of the High Court. [40/2019] (2) A copy of that certificate shall be exhibited at some convenient place in which the endowment in question is wholly or partially situated. (3) From the date of that certificate, the property and the funds of the endowment shall be applied, and the endowment shall be managed, in accordance with the scheme thereby certified.


document_id: hea-1968
provision_ref: s34A
section: 34A
title: Protection from personal liability
content:
34A. No suit or other legal proceedings shall lie personally against — ( a ) any member of the Board; ( b ) the Secretary of the Board; or ( c ) any employee of the Board or other person acting under the direction of the Board, for anything which is in good faith done or intended to be done by him in the execution or purported execution of this Act. [12/2010]


document_id: hea-1968
provision_ref: s35
section: 35
title: Rules
content:
35. —(1) The Minister, acting on the advice of the Board, may make such rules as seem to him necessary or expedient for the purpose of carrying out the provisions of this Act. (2) Such rules shall be presented to Parliament as soon as possible after publication in the Gazette .


document_id: hea-1968
provision_ref: s36
section: 36
title: Temples, etc., not to be used for political purposes
content:
36. The Board or any committee of management shall not permit the temples administered by the Board or any part of any land or premises belonging to any endowment to be used for political purposes.


document_id: hea-1968
provision_ref: s37
section: 37
title: Transfer and vesting of property vested in Muslim and Hindu Endowments Board
content:
37. —(1) On 1 May 1969, all property, movable and immovable, belonging to Hindu endowments, that was, immediately before that date, vested in the Muslim and Hindu Endowments Board incorporated under the Muslim and Hindu Endowments Ordinance (Cap. 271, 1955 Revised Edition) shall be transferred to and vest in the Board without further assurance upon the same tenure and subject to the same trusts and conditions as those upon which it was previously held by the Muslim and Hindu Endowments Board; and all rights relating to Hindu endowments vested in that Board immediately before that date and all liabilities relating to Hindu endowments to which that Board was subject immediately before that date in respect of that property shall be transferred to and vest in the Board. (2) Any reference in any written law, order of court, deed, contract, instrument or other documents whatsoever to the Muslim and Hindu Endowments Board incorporated under the Muslim and Hindu Endowments Ordinance (Cap. 271, 1955 Revised Edition) in its capacity as trustee of Hindu endowments shall be construed as a reference to the Board and all rights, powers, obligations and duties conferred, imposed on, undertaken or incurred by the Muslim and Hindu Endowments Board in that capacity under that written law, order of court, deed, contract, instrument or other documents shall be deemed to be conferred or imposed on or undertaken or incurred by the Board.


document_id: hhsca-1947
provision_ref: s2
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “collection” means an appeal to the public or any class of the public, made by means of visits from house to house or of soliciting in streets or other public places, or by both such means, to give, whether for consideration or not, money or other property not being money or property due or about to fall due from the donors under or by virtue of any written law, contract or other legal obligation; “collector”, in relation to a collection, means a person who makes such an appeal by either of those means; “house” includes a place of business; “licence” means a licence granted under section 4; “proceeds”, in relation to a collection, means all money and all other property given, whether for consideration or not, in response to the appeal made; “promoter”, in relation to a collection, means a person who causes others to act, whether for remuneration or otherwise, as collectors for the purposes of a collection; and “promote” and “promotion” have corresponding meanings. (2) For the purposes of this Act, a collection shall be deemed to be made for a particular purpose where the appeal is made in association with a representation that the money or other property appealed for, or part thereof, will be applied for that purpose.


document_id: hhsca-1947
provision_ref: s3
section: 3
title: House to house and street collections to be licensed
content:
3. —(1) Subject to the provisions of this Act, no collection shall be made unless the requirements of this Act as to a licence for the promotion of a collection are satisfied. (2) If any person promotes a collection, and a collection is made in any locality pursuant to his promotion, then, unless there is in force, throughout the period during which the collection is made, a licence authorising him, or authorising another under whose authority he acts, to promote that collection, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both. (3) If any person acts as a collector for the purposes of a collection, then, unless there is in force, at all times when he so acts, a licence authorising a promoter under whose authority he acts, or authorising the collector himself, to promote that collection, he shall be guilty of an offence.


document_id: hhsca-1947
provision_ref: s4
section: 4
title: Licences
content:
4. —(1) Where any person who desires to promote a collection in Singapore makes to the Commissioner of Police an application in the prescribed manner specifying the purpose of the collection, and furnishes him with the prescribed information, the Commissioner of Police shall, subject to the following provisions of this section and to such conditions as he thinks fit to impose, grant to the person a licence authorising the person to promote a collection for that purpose. (2) A licence granted under this section shall be for such period as the Commissioner of Police may in his discretion determine, and the period in respect of which the licence is granted shall be specified in the licence. (3) Every application for a licence shall specify an address within Singapore for service on the applicant of any notice or other communication required to be served on him. (4) The Commissioner of Police may, in his discretion, refuse to grant a licence or may at any time revoke a licence granted by him, if it appears to him — ( a ) that the total amount likely to be applied for the purpose of the collection from the proceeds of the collection (including any amount already so applied) is inadequate in proportion to the value of the proceeds likely to be received (including any proceeds already received); ( b ) that remuneration which is excessive in relation to the total amount referred to in paragraph ( a ) is likely to be, or has been, retained or received out of the proceeds of the collection by any person; ( c ) that the grant of a licence would be likely to facilitate the commission of an offence under any written law, or that any such offence has been committed in connection with the collection, and in particular, that any force, threat or compulsion is likely to be, or has been, used in order to obtain any contribution for the purpose of the collection; ( d ) that the applicant or the holder of the licence is not a fit and proper person to hold a licence by reason of the fact that he has been convicted, whether in Singapore or elsewhere, of any offence conviction for which necessarily involved or implied a finding that he had acted fraudulently or dishonestly, or of any offence of a kind the commission of which would be likely to be facilitated by the grant of a licence; ( e ) that the applicant or the holder of the licence, in promoting a collection in respect of which a licence has been granted to him, has failed to exercise due diligence to ensure that persons authorised by him to act as collectors for the purposes of the collection were fit and proper persons to secure compliance on the part of persons so authorised with the provisions of this Act or any of its regulations, or to prevent prescribed badges or prescribed certificates of authority being obtained by persons not so authorised; ( f ) that the collection is in aid of, or that the promoter or any of the collectors are members of, an unlawful society, or that the purpose of the collection is illegal, fictitious or objectionable on grounds of public policy, or that the refusal or revocation of a licence is otherwise desirable in the public interest; or ( g ) that the applicant or the holder of the licence has furnished false information to the Commissioner of Police or has refused or neglected to furnish to the Commissioner of Police such information as he may have reasonably required for the purpose of informing himself as to any of the matters specified in paragraphs ( a ) to ( f ). (5) Subject to subsection (6), when the Commissioner of Police refuses to grant a licence or revokes a licence which has been granted, the Commissioner of Police shall forthwith give written notice to the applicant or the holder of the licence stating upon which one or more of the grounds set out in subsection (4) the licence has been refused or revoked and informing him of the right of appeal given by this section, and the applicant or the holder of the licence may then appeal to the Minister against the refusal or revocation of the licence, as the case may be, and the decision of the Minister shall be final. (6) In any case in which the refusal or revocation by the Commissioner of Police under subsection (5) was based on any ground mentioned in subsection (4)( f ), the Commissioner of Police may decline to state his reasons for the refusal or revocation or to disclose the nature or source of the information on which he acted. (7) The time within which any such appeal may be brought shall be 14 days from the date on which notice is given under subsection (5). (8) If the Minister decides that the appeal shall be allowed, the Commissioner of Police shall forthwith grant a licence or cancel the revocation, as the case may be, in accordance with the decision of the Minister.


document_id: hhsca-1947
provision_ref: s5
section: 5
title: Regulations
content:
5. —(1) The Minister may make regulations for prescribing anything which by this Act is required to be prescribed and for regulating the manner in which licensed collections may be carried out and the conduct of promoters and collectors in relation to such collections, and generally to give effect to the provisions of this Act. (2) Without prejudice to the generality of the powers conferred by subsection (1), regulations made under this Act may provide for all or any of the following matters: ( a ) for requiring and regulating the use by collectors of prescribed badges and prescribed certificates of authority, and the issue, custody, production, display and return of such badges and certificates of authority, and, in particular, for requiring collectors on demand by a police officer or by any occupant of a house visited or person solicited to produce their certificates of authority; ( b ) for the authentication of prescribed certificates of authority and for the clear indication in prescribed badges of the purpose of the collection; ( c ) for the requiring of the issue of receipts in respect of moneys collected; ( d ) for requiring promoters of collections to render and publish true accounts of all moneys collected and paid; ( e ) for prohibiting persons below a prescribed age from acting, and others from causing or allowing them to act, as collectors; ( f ) for preventing annoyance to the occupants of houses visited or to any other members of the public; ( g ) for requiring the prescribed information with respect to the purpose, expenses, proceeds and application of the proceeds of collections to be furnished by the licensee to the Commissioner of Police and for requiring such information to be vouched and authenticated in such manner as may be prescribed; ( h ) for prescribing penalties for contravention of, or failure to comply with, any such regulations. (3) Any person who contravenes any regulations made under this Act shall be guilty of an offence. (4) Regulations made under this Act shall be presented to Parliament and when approved, by a resolution of Parliament, shall have the same force as if they had been enacted as part of this Act.


document_id: hhsca-1947
provision_ref: s6
section: 6
title: Unauthorised use of badges, etc.
content:
6. —(1) Any person who, in connection with any appeal to the public or any class of the public for subscriptions or contributions of money or other property — ( a ) displays or uses a prescribed badge or a prescribed certificate of authority other than a badge or certificate which he is authorised, under any regulations made under this Act, so to display or use; or ( b ) displays or uses any badge, device, emblem, certificate or other document intended, calculated or likely to cause any person to believe that the person displaying or using the same is an authorised collector for the purposes of a licensed collection when such is not the case, shall be guilty of an offence. (2) Any person who, in furnishing any information for the purposes of this Act or any of its regulations, knowingly or recklessly makes any statement which is false in any material particular shall be guilty of an offence.


document_id: hhsca-1947
provision_ref: s7
section: 7
title: Collector to give name, etc., to police on demand
content:
7. Any police officer may require any person whom he believes to be acting as a collector for the purposes of a collection to declare to him immediately the person’s name and address and, if any person fails to comply with a requirement duly made to the person under this section, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.


document_id: hhsca-1947
provision_ref: s8
section: 8
title: Penalties
content:
8. —(1) Any person guilty of an offence under this Act for which no special penalty is provided by this Act or by any of its regulations shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. (2) Where any offence under this Act is committed by any corporation, society, association or body of persons, every person charged with, or concerned or acting in, the control or management of the affairs or activities of the corporation, society, association or body of persons shall be deemed to be guilty of that offence and shall be liable to be punished accordingly unless it is proved by any such person that, through no neglect or omission on his part, he was not aware that the offence was being or was about to be committed or that he took all reasonable steps to prevent its commission.


document_id: hhsca-1947
provision_ref: s9
section: 9
title: Jurisdiction
content:
9. —(1) Notwithstanding any provisions to the contrary contained in any written law for the time being in force, a District Court or a Magistrate’s Court shall have jurisdiction to try any offence under this Act and to award any punishment specified or prescribed for that offence. (2) At the conclusion of any trial in respect of an alleged offence under this Act, when the trial results in a conviction, the court may make an order for the return to its owner, if known, or for the forfeiture or confiscation of any money or other property produced before the court or in the custody of the court, the police or any public servant which, in the opinion of the court, was obtained by or in consequence of the commission of an offence under this Act.


document_id: hhsca-1947
provision_ref: s10
section: 10
title: Exemption
content:
10. The Minister may, by notification in the Gazette, exempt any person from the provisions of this Act subject to such conditions, if any, as the Minister may impose.


document_id: hota-1987
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “designated officer”, in relation to a hospital, means a person appointed under section 3 to be the designated officer of the hospital; [ Deleted by Act 11 of 2023 wef 01/05/2023 ] “Director‑General” means the Director‑General of Health; [Act 11 of 2023 wef 01/05/2023] “hospital” means a hospital which is declared by the Minister, by notification in the Gazette , to be a hospital for the purposes of this Act or any part of the Act; “licensee”, in relation to a hospital, means a person who is — ( a ) authorised to provide an acute hospital service or ambulatory surgical centre service (called in this definition a relevant healthcare service) under a licence granted under the Healthcare Services Act 2020; and ( b ) approved to provide the relevant healthcare service at the hospital which is an approved permanent premises (within the meaning of section 2(1) of the Healthcare Services Act 2020); [Act 19 of 2025 wef 05/12/2025] “living donor organ transplant” means the removal of a specified organ from the body of any living person for the purpose of its transplantation into the body of another living person; “medical practitioner” means a person who is registered, or deemed to be registered, as a medical practitioner under the Medical Registration Act 1997; “organ” means — ( a ) except as provided in paragraph ( b ), any organ of a human body specified in the First Schedule; and ( b ) for the purposes of Parts 4 and 4A, any organ of a human body; “specified organ” means any organ of a human body specified in the Second Schedule; “transplant ethics committee”, in relation to a hospital, means a committee of the hospital appointed under section 16(1). [*Updated to be consistent with the 2020 Revised Edition]


document_id: hota-1987
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Designated officers
content:
3. The Director‑General may appoint, in writing, any medical practitioner to be the designated officer of a hospital for the purposes of this Act. [4 [Act 11 of 2023 wef 01/05/2023]


document_id: hota-1987
provision_ref: s4
chapter: PART 2 - REMOVAL OF ORGAN AFTER DEATH
section: 4
title: Authorities may remove organ after death
content:
4. —(1) The designated officer of a hospital may, subject to and in accordance with this section, authorise, in writing, the removal of any organ from the body of a person who has died in the hospital for the purpose of the transplantation of the organ to the body of a living person. (2) No authority may be given under subsection (1) for the removal of the organ from the body of any deceased person — ( a ) who has during the deceased person’s lifetime registered his or her objection with the Director‑General to the removal of the organ from his or her body after his or her death; [Act 11 of 2023 wef 01/05/2023] ( b ) who is neither a citizen nor a permanent resident of Singapore; ( c ) who is below 21 years of age unless the deceased person’s parent or guardian has consented to such removal; or ( d ) whom the designated officer, after making such inquiries as are reasonable in the circumstances, has reason to believe was mentally disordered, unless the deceased person’s parent or guardian has consented to such removal. (3) In this section, “permanent resident” means a permanent resident of Singapore as defined by section 2 of the Immigration Act 1959. [Act 31 of 2023 wef 01/12/2025] [5


document_id: hota-1987
provision_ref: s5
chapter: PART 2 - REMOVAL OF ORGAN AFTER DEATH
section: 5
title: Coroner’s consent
content:
5. —(1) If the designated officer of the hospital has reason to believe that the circumstances applicable to the death of a person are such that the Coroner has jurisdiction to hold an inquest into the manner and cause of death of the person, the designated officer must not authorise the removal of any organ from the body of the deceased person unless the Coroner has given the Coroner’s consent to the removal. (2) The consent by the Coroner under this section may be expressed to be subject to such conditions as are specified in the consent. (3) The consent may be given orally by the Coroner, and if so given must be confirmed in writing. (4) In this section, “Coroner” means the State Coroner or a Coroner appointed under the Coroners Act 2010. [6


