Housing Developers (Show Unit) Rules 2015

No. S 289

Housing Developers (Control and Licensing) Act

(CHAPTER 130)

Housing Developers (Show Unit) Rules 2015

In exercise of the powers conferred by section 22 of the Housing Developers (Control and Licensing) Act, the Minister for National Development makes the following Rules:

PART 1

PRELIMINARY

Citation and commencement

1.—(1)  These Rules may be cited as the Housing Developers (Show Unit) Rules 2015 and, with the exception of rules 14(1)(c) and (f) and 15(1)(c) and (f), come into operation on 20 July 2015.

(2)  Rules 14(1)(c) and (f) and 15(1)(c) and (f) come into operation on 25 May 2015.

Definitions

2.  In these Rules, unless the context otherwise requires —

“approved building plan” means a building plan approved by the Commissioner of Building Control under section 5(3) or 5A(3) of the Building Control Act (Cap. 29);

“building plan” means a plan of any building works submitted to the Commissioner of Building Control for approval under section 5(1) or 5A(1) of the Building Control Act;

“Commissioner of Building Control” has the same meaning as in section 2(1) of the Building Control Act;

“depicted unit”, in relation to a building project, means the unit in the building project which is depicted by a show unit erected, set up or displayed by the licensed housing developer of the building project;

“location plan”, in relation to a building project, means a plan or model that shows the location of the building project and the surrounding roads, places, buildings and other landmarks;

“working day” means any day other than a Saturday, Sunday or public holiday.

PART 2

SHOW UNIT REQUIREMENTS

Mandatory requirements for show unit

3.—(1)  A licensed housing developer of a building project who or which makes a show unit for the building project available for viewing by purchasers or prospective purchasers of any house, flat or housing accommodation comprised in that building project —

(a) must ensure that, at any time the show unit is available for viewing, the show unit satisfies all the requirements in this Part; and

(b) must lodge with the Controller, before the show unit is made available for viewing, a declaration by the licensed housing developer that the show unit satisfies all the requirements in this Part.

(2)  The declaration referred to in paragraph (1)(b) must be lodged by the licensed housing developer with the Controller, within such time and in such form and manner and must contain such information relating to the building project, the show unit and the depicted unit, as the Controller may determine.

Depiction of depicted unit

4.  A show unit for a depicted unit in a building project must depict that depicted unit accurately and satisfy all of the following requirements:

(a) the show unit, including all floor spaces and spaces (if any) for any balcony, bay window, air‑conditioner ledge, planter box, private enclosed space and other spaces which form part of the depicted unit, must be built exactly in accordance with the approved building plan for the depicted unit;

(b) the floor area of the show unit must be the same as that shown in the approved building plan for the depicted unit;

(c) subject to paragraph (d), the following must be erected for the show unit exactly as shown in the approved building plan for the depicted unit:

(i) all external walls and all load‑bearing walls of the depicted unit;

(ii) all enclosure walls, parapets, fences, railings and other barriers for every floor space and other space for any balcony, air‑conditioner ledge, planter box, private enclosed space and other use which form part of the depicted unit;

(d) if any part of an external or load‑bearing wall or enclosure wall, parapet, fence, railing or other barrier of the depicted unit referred to in paragraph (c) is not erected in the show unit on account of the requirement of any written law or any relevant competent authority, or for the purpose of providing access to and egress from the show unit or part thereof or another show unit for the building project, the location, thickness and width of the unbuilt part of the external or load‑bearing wall or enclosure wall, parapet, fence, railing or other barrier must be clearly marked and indicated on the floor or other space of the show unit with solid lines;

(e) all walls erected for the show unit must be of the same thickness as those in the approved building plan for the depicted unit;

(f) if any internal wall that is not load‑bearing or any partition or door (including any door to a balcony or private enclosed space) shown in the approved building plan for the depicted unit is not built in the show unit, the position, thickness and width of the unbuilt wall, partition or door must be clearly marked and indicated on the floor of the show unit with solid lines;

(g) if any interior design feature (such as a display shelf or glass panel) is built in the show unit in place of a wall that is not load‑bearing and shown in the approved building plan for the depicted unit —

(i) a written notice must be displayed prominently on the interior design feature stating that such a wall will be built in place of the interior design feature in the depicted unit; and

(ii) if the thickness of the interior design feature is less than that of the wall that is not load‑bearing, the difference in the thickness must be clearly marked and indicated on the floor of the show unit with solid lines;

(h) if any loft or intermediate furniture deck is built in the show unit but will not be provided in the depicted unit, the loft or intermediate furniture deck must be built in compliance with the requirements of the Commissioner of Building Control and a written notice must be displayed prominently on the loft or intermediate furniture deck stating that the loft or intermediate furniture deck will not be provided in the depicted unit;

(i) door frames must be installed for all doors in the show unit;

(j) the floor‑to‑ceiling height of the show unit must be the same as that shown in the approved building plan for the depicted unit and must be stated in a written notice displayed prominently at the entrance of the show unit;

(k) if the show unit depicts a specific type of unit in the building project and the floor‑to‑ceiling height of the units falling within that specific type varies (due to the presence or absence of false ceilings, heater or floor trap or any other reason), a written notice must be displayed prominently at the entrance of the show unit stating that the floor‑to‑ceiling height of such units may differ from that of the show unit;

(l) where the floor or other space of any show unit is marked with solid lines in accordance with paragraph (d), (f) or (g), a written notice must be displayed prominently on the floor or space within or next to the solid lines, explaining what those solid lines depict.

Drawn‑to‑scale floor plan of show unit

5.—(1)  A licensed housing developer of a building project must display prominently at the entrance to a show unit, a drawn‑to‑scale floor plan of the show unit corresponding exactly with the approved building plan for the depicted unit.

(2)  In the case of a building project which comprises or is intended to comprise lots in a strata title plan, the licensed housing developer of the building project must provide in the drawn‑to‑scale floor plan, a breakdown of all the areas of the floor spaces and other spaces for different uses including any bedroom, living area, dining area, balcony, bay window, private enclosed space and air‑conditioner ledge, which form part of the depicted unit as shown in the approved building plan.

(3)  The licensed housing developer must state on the drawn‑to‑scale floor plan, the address of the depicted unit, and the reference number and date of the approved building plan for the depicted unit.

Subsequent changes to approved building plan

6.  If the Commissioner of Building Control approves any change to the approved building plan under section 5A(3) of the Building Control Act (Cap. 29) (called in these Rules the amended approved building plan) for a depicted unit in a building project after the show unit for the depicted unit is built, set up and made available for viewing by prospective purchasers, the licensed housing developer of the building project must do all of the following within 3 working days after the date of approval:

(a) display prominently next to the original scaled floor plan of the show unit, a drawn‑to‑scale floor plan of the depicted unit based on the amended approved building plan;

(b) state in the drawn‑to‑scale floor plan of the depicted unit referred to in paragraph (a), the approval number and date of the amended approved building plan;

(c) display prominently at the entrance of the show unit, a copy of the amended approved building plan;

(d) display prominently at the entrance of the show unit, a detailed list and description of the differences between the show unit and a copy of the amended approved building plan for the depicted unit.

No misrepresentation

7.  A licensed housing developer of a building project must, in the erection, furnishing (including the placement of furniture), interior design, decoration, setting up and display of a show unit and its contents, ensure that the show unit and its contents —

(a) do not misrepresent any aspect of the depicted unit and its contents; and

(b) do not misrepresent anything that may be done or allowed in the building project, show unit or depicted unit, which is contrary to or in breach of any written law, condition, restriction or requirement imposed by any relevant competent authority in the grant of any permission, approval or clearance for or in relation to the construction of the building project, the show unit or the depicted unit or any requirement of any such relevant competent authority.

Household shelter

8.  If a depicted unit contains a household shelter (within the meaning of the Civil Defence Shelter Act (Cap. 42A)), the household shelter in the show unit must be identified by a written notice displayed prominently at the entrance to the household shelter.

Cupboards, vanity units, cabinets and wardrobes

9.  All cupboards, vanity units, cabinets and wardrobes to be provided in a depicted unit must be installed in the show unit of the depicted unit and must have the same specifications and dimensions and be made of the same type of materials to be used as those to be provided in the depicted unit.

Materials, finishes, fittings, equipment, installation and appliances

10.—(1)  A licensed housing developer of a building project must display prominently a written notice in a show unit, stating clearly all materials, finishes, fittings, equipment, installations and appliances (including the materials and finishes for the floors and walls of the different parts of the depicted unit) which will be provided in the depicted unit.

(2)  If there is any difference between the materials, finishes, fittings, equipment, installations or appliances provided in the show unit and those to be provided in the depicted unit, the licensed housing developer must describe the difference clearly in the notice referred to in paragraph (1).

Partial show unit

11.—(1)  A licensed housing developer of a building project, who or which constructs a show unit for the building project that depicts only a part of the depicted unit to be built (called in these Rules the partial show unit), must not make the partial show unit available for viewing by any purchaser or prospective purchaser, unless the licensed housing developer has obtained the prior written approval of the Controller, which may be given subject to such conditions as the Controller considers fit.

(2)  Subject to paragraph (1), a licensed housing developer of a building project, who or which makes available for viewing by any purchaser or prospective purchaser a partial show unit —

(a) must lodge with the Controller, before the partial show unit is available for viewing, a written declaration that the Controller’s conditions have been and will continue to be complied with and that the partial show unit as erected and set up satisfies all the requirements in this Part in respect of the parts of the depicted unit that are depicted in the partial show unit; and

(b) must ensure that at any time the partial show unit is available for viewing, the conditions subject to which the Controller’s approval is given are complied with and that the partial show unit satisfies all the requirements in this Part in respect of the parts of the depicted unit that are depicted in the partial show unit.

(3)  The written declaration referred to in paragraph (2)(a) must be lodged with the Controller within such time and in such form and manner and must contain such information relating to the building project, the partial show unit and the depicted unit, as the Controller may determine.

PART 3

INFORMATION, MAP, PLAN AND MODEL REQUIREMENTS

Information, map, plan and model

12.—(1)  A licensed housing developer of a building project must comply with all the requirements in this Part relating to any information, map, plan or model that the licensed housing developer displays to any purchaser or prospective purchaser in relation to any house, flat or other housing accommodation that is offered for sale.

(2)  A licensed housing developer of a building project who or which displays to any purchaser or prospective purchaser in relation to any house, flat or other housing accommodation that is offered for sale —

(a) any location plan of the building project, must ensure that the location plan —

(i) is drawn or made to scale;

(ii) shows the scale used for the location plan;

(iii) shows the location of the building project accurately; and

(iv) shows the names of streets, prominent buildings, facilities and other features in the vicinity within a radius of 500 metres of the building project (including railway stations, religious institutions, public parks, schools, commercial buildings, industrial buildings, and public housing flats);

(b) any site plan of the building project, must ensure that the site plan —

(i) is drawn to scale showing all buildings and communal facilities (where applicable), including any clubhouse, swimming pool, garden, barbeque pit, guard house, electrical substation and bin centre, as approved by the relevant authorities for the building project and in accordance with the approved building plan;

(ii) shows the scale used for the site plan; and

(iii) is based on the approved building plan for the building project and displays prominently the building plan approval number and the approval date;

(c) any model of the building project, must ensure that the model —

(i) shows and includes all buildings and communal facilities (where applicable) (including any clubhouse, swimming pool, garden, barbeque pit, guard house, electrical substation and bin centre) as approved by the relevant authorities for the building project in accordance with the approved building plan, which must be constructed to scale;

(ii) shows the scale used; and

(iii) is based on the approved building plan for the building project and displays prominently the building plan approval number and the approval date next to the model; and

(d) any model of a unit in the building project, must ensure that —

(i) the model is based on the approved building plan for the building project for that unit;

(ii) the model shows the scale that is used; and

(iii) the building plan approval number and the approval date are displayed prominently next to the model.

(3)  If the Commissioner of Building Control approves any amendment to the approved building plan under section 5A(3) of the Building Control Act (Cap. 29) for the building project after the location plan, site plan or model referred to in paragraph (2)(a), (b), (c) or (d) is displayed to purchasers or prospective purchasers, the licensed housing developer of the building project must do the following within 3 working days after the date of approval of the amended approved building plan:

(a) where the amendment affects the location plan, site plan or model, display prominently next to the location plan, site plan or model a detailed description of the amendment as approved in the amended approved building plan that affects the location plan, site plan or model and the differences between the location plan, site plan or model and the amended approved building plan;

(b) in the case of the site plan or model, include in the detailed description referred to in sub‑paragraph (a), the approval number and date of the amended approved building plan.

(4)  A licensed housing developer of a building project must comply with all the requirements in this Part relating to any information, map, plan or model that the licensed housing developer displays to any purchaser or prospective purchaser in relation to any house, flat or other housing accommodation that is offered for sale regardless of the form or manner in which the information, map, plan or model is displayed by the licensed housing developer.

PART 4

MISCELLANEOUS

Offences

13.—(1)  Any licensed housing developer of a building project —

(a) that contravenes any of the provisions of these Rules; or

(b) that makes a declaration under these Rules, knowing it to be, or with reckless disregard as to whether, it is false, misleading or inaccurate in any material particular,

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.

(2)  Any person who knowingly or wilfully abets or procures the commission of an offence under this rule 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.

Transitional provisions for show unit

14.—(1)  Part 2 does not apply to a show unit or partial show unit for a building project that is made available by a licensed housing developer of a building project for viewing by any purchaser or prospective purchaser of any house, flat or housing accommodation comprised in that building project if all the following conditions are satisfied:

(a) the licensed housing developer is in possession of a valid licence granted under section 4 of the Act prior to 20 July 2015;

(b) the show unit or partial show unit has been erected, set up and made available for viewing by any purchaser or prospective purchaser prior to 20 July 2015;

(c) the licensed housing developer lodges with the Controller not later than 3 working days after 20 July 2015 a declaration in writing, in such form and manner and on such terms and containing such information relating to the building project, the show unit or partial show unit and the depicted unit as the Controller may determine, that the show unit or partial show unit has been erected, set up and made available for viewing by any purchaser or prospective purchaser prior to 20 July 2015;

(d) where there are differences between the show unit or partial show unit and the approved building plan or where applicable the amended approved building plan for the depicted unit, the licensed housing developer displays prominently at the entrance of the show unit or partial show unit a detailed list and description of the differences;

(e) where there are differences between the show unit or partial show unit and the approved building plan or where applicable the amended approved building plan for the depicted unit, a copy of the detailed list and description of the differences referred to in sub‑paragraph (d) is given to an intending purchaser and the written acknowledgment of its receipt by the intending purchaser is obtained before the licensed housing developer accepts from the intending purchaser the booking fee for an option to purchase a unit in the building project;

(f) where there are differences between the show unit or partial show unit and the approved building plan or where applicable the amended approved building plan for the depicted unit, the licensed housing developer lodges with the Controller, together with the declaration mentioned in sub‑paragraph (c), a copy of the detailed list and description of the differences as mentioned in sub‑paragraph (d).

(2)  Any breach of any of the conditions under paragraph (1) will, unless otherwise notified in writing by the Controller, render paragraph (1) inapplicable to the show unit or partial show unit and the licensed housing developer must cease to make available the show unit or partial show unit, as the case may be, for viewing by any purchaser or prospective purchaser until Part 2 is complied with and the approval in writing is obtained from the Controller.

Transitional provisions for information, map, plan, site plan or model

15.—(1)  Rule 12 does not apply to any information, map, plan or model of a building project or unit in the building project referred to therein that is displayed by a licensed housing developer of the building project to any purchaser or prospective purchaser of any house, flat or housing accommodation comprised in that building project if all the following conditions are satisfied:

(a) the licensed housing developer is in possession of a valid licence granted under section 4 of the Act prior to 20 July 2015;

(b) the location plan, site plan or model has been displayed to any purchaser or prospective purchaser prior to 20 July 2015;

(c) the licensed housing developer lodges with the Controller not later than 3 working days after 20 July 2015 a declaration in writing, in such form and manner and on such terms and containing such information relating to the building project or unit in the building project as the Controller may determine, that the location plan, site plan or model has been displayed or provided to any purchaser or prospective purchaser prior to 20 July 2015;

(d) where the location plan, site plan or model is not in compliance with any requirement specified in paragraph (2)(a), (b), (c) or (d) or (3) of rule 12 applicable for the location plan, site plan or model, the licensed housing developer displays prominently next to the location plan, site plan or model a written notice describing the requirement that is not complied with;

(e) where the location plan, site plan or model is not in compliance with any requirement specified in paragraph (2)(a), (b), (c) or (d) or (3) of rule 12 applicable for the location plan, site plan or model, a copy of the written notice describing the requirement not complied with as mentioned in sub‑paragraph (d) is given to an intending purchaser and the written acknowledgment of its receipt by the intending purchaser is obtained before the licensed housing developer accepts from the intending purchaser the booking fee for an option to purchase a unit in the building project;

(f) where the location plan, site plan or model is not in compliance with any requirement specified in paragraph (2)(a), (b), (c) or (d) or (3) of rule 12 applicable for the location plan, site plan or model, the licensed housing developer lodges with the Controller, together with the declaration mentioned in sub‑paragraph (c), a copy of the written notice describing the requirement not complied with as mentioned in sub‑paragraph (d).

(2)  Any breach of any of the conditions under paragraph (1) will, unless otherwise notified in writing by the Controller, render paragraph (1) inapplicable to the information, map, plan or model and the licensed housing developer must cease to display the information, map, plan or model to any purchaser or prospective purchaser until the relevant requirements in paragraphs (2) and (3) of rule 12 are complied with and the approval in writing is obtained from the Controller.

Made on 7 May 2015.

BENNY LIM

Permanent Secretary,
Ministry of National Development,
Singapore.

[ND 202/1-57 Vol. 21; AG/LLRD/SL/130/2010/3 Vol. 1]

(To be presented to Parliament under section 22(5) of the Housing Developers (Control and Licensing) Act).