Housing and Development Act

• Jurisdiction: Singapore
• Coming into Force: 31 July 2004
• copyrightNote: © Singapore legislation sourced from Singapore Statutes Online. It is subject to copyright of the Singapore Government and is reproduced with the permission of the Attorney-General’s Chambers of Singapore.
• Enactment Date: 01 February 1960
• Published date: 31 July 2004
• Record Number: Cap. 129
• Act Number: (Original Enactment: Ordinance 11 of 1959)

Housing and Development Act

(CHAPTER 129)

(Original Enactment: Ordinance 11 of 1959)

REVISED EDITION 2004

(31st July 2004)

An Act to constitute a Housing and Development Board for Singapore.

[1st February 1960]

PART I PRELIMINARY Short title 1. This Act may be cited as the Housing and Development Act. Interpretation 2.—(1) In this Act, unless the context otherwise requires — “authorised occupier” means a person who is — (a) named in an application made to the Board as the person who intends to reside in the flat, house or other living accommodation sold or to be sold by the Board under Part IV; or (b) authorised in writing by the Board to reside therein except that, where such a person has entered, stayed or remained in Singapore in contravention of any provision of any written law relating to immigration, he shall be deemed not to be an authorised occupier from the date of contravention; “Board” means the Housing and Development Board established under section 3; “building” includes any house, flat, hut, shed, roofed enclosure or other accommodation, whether used for the purpose of human habitation or otherwise, and also any wall, fence, platform, staging gate, post, pillar, paling, frame hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure or foundation connected to the foregoing; “buildings or works” includes waste materials, refuse and other matters deposited on land, and reference to the erection or construction of buildings or works shall be construed accordingly; “building operations” includes any building or erectional operations, rebuilding operations, structural alterations of or additions to buildings and other operations normally undertaken by a person carrying on business as a builder and the making of access roads, railways, waterworks, electrical installations and any road works preliminary or incidental to the erection of buildings; “Central Provident Fund Board” means the Central Provident Fund Board constituted under section 3 of the Central Provident Fund Act (Cap. 36); “Chairman” means the Chairman of the Board; “Chief Executive Officer” means the Chief Executive Officer of the Board, and includes any individual acting in that capacity; [Act 5 of 2018 wef 01/04/2018] “Collector” has the same meaning as in the Land Revenue Collection Act (Cap. 155); “commercial property” means any flat, house or building or any part thereof which is permitted to be used pursuant to the Planning Act (Cap. 232) or any other written law for the purpose of carrying on any business or which is lawfully so used; “common property” means so much of the developed land and all parts of the building as are not comprised in the flats in a building; “developed land” means any land of the Board upon which a building has been erected; “flat” means a horizontal stratum of any building or part thereof, whether the stratum or part is on one or more levels or is partially or wholly below the surface of the ground; “Housing and Urban Development Company” means the Housing and Urban Development Company (Private) Limited incorporated in Singapore under the Companies Act (Cap. 50); “Jurong Town Corporation” means the Jurong Town Corporation established by the Jurong Town Corporation Act (Cap. 150); “lease” includes an agreement for a lease; “Master Plan” has the same meaning as in the Planning Act; “officer” means an officer of the Board; [Act 13 of 2015 wef 20/07/2015] “owner”, in relation to any property sold by the Board, includes a person who has purchased a leasehold interest in the property and also includes a purchaser under an agreement for a lease. [13/75; 25/79; 12/82; 21/86; 7/97; 17/2001; 11/2003] (2) References in this Act to a flat, house or other living accommodation shall be construed to include references to the land appurtenant to the flat, house or other living accommodation. (3) In any other written law and in any other document whatsoever, unless the context otherwise requires, any reference to the Singapore Improvement Trust shall, except in respect of its planning functions, be construed as a reference to the Board.

PART II ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF BOARD Establishment and incorporation of Housing and Development Board 3. There is hereby established a body to be known as the Housing and Development Board which is a body corporate and has perpetual succession and may sue and be sued in its corporate name. Common seal 4.—(1) The Board shall have a common seal and that seal may from time to time be broken, changed, altered and made anew as the Board considers fit. (2) Subject to subsection (3), all deeds, documents and other instruments requiring the seal of the Board shall be sealed with the seal of the Board in the presence of the Chairman, or the Deputy Chairman, or a member of the Board, and an officer of the Board authorised by the Board in that behalf, who shall sign every such deed, document or other instrument to which the seal is affixed, and such signing shall be sufficient evidence that the seal was duly and properly affixed and that it is the lawful seal of the Board. [13/75] (3) All deeds, documents and other instruments which relate to the sale, lease, assignment, mortgage or assurance whatsoever of any premises sold under the provisions of this Act may be sealed with the seal of the Board in the presence of any officer of the Board duly authorised by the Board to act in that behalf who shall sign every such deed, document or other instrument to which the seal is affixed, and such signing shall be sufficient evidence that the seal was duly and properly affixed and that it is the lawful seal of the Board. [13/75] (4) Section 11 of the Registration of Deeds Act (Cap. 269) shall not apply to any instrument purporting to have been executed under subsection (2) or (3). [13/75] Rules as to execution of documents 5. The Board may, with the approval of the Minister, make rules in regard to the execution of instruments of any description, the issue of any document and the signing of cheques and as to the proof of documents purporting to be executed, issued or signed by the Board or a member or an officer thereof. Constitution of Board 6.—(1) The Board shall consist of — (a) a Chairman; (b) a Deputy Chairman; and (c) not less than 3 but not more than 10 other members, all of whom shall, subject to subsection (9), be appointed by the Minister and on such conditions as he may determine. [28/89; 11/91] [29/2005 wef 15/09/2005] (2) The Minister may, subject to subsection (9), appoint the Chief Executive Officer to be a member of the Board. [28/89; 11/91] (3) Members of the Board shall hold office for such period, not being more than 3 years from the date of their respective appointments, as the Minister may determine and shall be eligible for reappointment on completion of that period. [28/89] (4) The Minister may appoint a person to be a temporary member of the Board during the incapacity from illness or otherwise of any member. (5) The Minister may appoint any member of the Board to be a temporary Chairman or temporary Deputy Chairman during the incapacity from illness or otherwise of the Chairman or the Deputy Chairman, as the case may be. (6) The Minister may, at any time, accept the resignation of any member of the Board appointed by him. (7) The Minister may, subject to subsection (9), at any time revoke the appointment of any member of the Board. [11/91] (8) On the death, bankruptcy, inability to act, resignation, absence from Singapore for more than 3 months or revocation of the appointment of any member of the Board, the Minister may, subject to subsection (9), appoint a new member who shall hold office for so long as the member in whose place he is appointed would have held office. [11/91] (9) No appointment under this section and no revocation of any such appointment shall be made without the President’s concurrence under Article 22A(1)(b) of the Constitution. [11/91] (10) The Chairman may, by instrument in writing, authorise any member of the Board to exercise any power or perform any function, other than the functions referred to in section 4(2), conferred on the Chairman by or under this Act. Disqualification from membership and vacation of office 7.—(1) No person shall be eligible to be appointed or to remain a member of the Board who — (a) is an undischarged bankrupt; (b) has been convicted of an offence by a court of law in Singapore and sentenced to imprisonment for a term of not less than 6 months and has not received a free pardon; or (c) is mentally disordered and incapable of managing himself or his affairs. [21/2008 wef 01/03/2010] (2) The office of a member of the Board shall become vacant — (a) on the death of the member; (b) if the member, without sufficient cause acceptable to the Minister, fails to attend 3 consecutive meetings of the Board; (c) if the member becomes subject to any of the disqualifications specified in subsection (1); or (d) if the member resigns his office. 8. [Repealed by Act 5 of 2018 wef 01/04/2018] Salaries, fees, etc., payable to members of Board 9. There shall be paid to members of the Board, out of the funds of the Board, such salaries, fees and allowances or expenses as the Minister may from time to time determine. Quorum 10.—(1) The quorum at all meetings of the Board shall be 4 of whom one shall be the Chairman or the Deputy Chairman, and, in the absence of the Chairman, the Deputy Chairman shall preside at its meetings. [29/2005 wef 15/09/2005] (2) A decision of the majority of the members of the Board present and voting at a meeting of the Board shall be deemed to be a decision of the Board. (3) In the event of the votes on any question being equal, the member presiding shall have a casting vote in addition to his original vote. Vacancies 11. The Board may, subject to section 10(1), act notwithstanding any vacancy in its membership. Proceedings of Board 12.—(1) The Chairman or other officers authorised by him shall, subject to such standing orders as may be made by the Board as provided in subsection (2), ...