The developer may serve more than 1 notice of extension on the purchaser, provided that the total extension shall not exceed 122 days after the original delivery date in the S&P Agreement. The second or subsequent written notice will be served on you by the developer using Form 2.
Within 28 days after the issue of TOP, the developer will have to apply for an assessor’s certification on the extension of delivery date by more than 122 days and notify you of the application.
(A) Qualifying costs that may be claimed
You can claim the the qualifying costs incurred to secure alternative premise as a result of the delay in the delivery of the unit, subject to a cap of 70% of the original liquidated damages payable. The costs that may be claimed are:
Costs that cannot be claimed:
(B) Period of claim
You can claim for qualifying costs incurred to secure alternative premise during the period of delay, that is, from the original delivery date in the S&P Agreement up to the earlier of: (a) the actual delivery date of possession of the property to you; (b) the extended delivery date, as set out in the notice from the developer to you and if applicable, the Assessor’s certification.
Example 3: Actual delivery date is after the extended delivery date (A) Original delivery date: 1 Sep 2021 (B) Actual delivery date: 1 Feb 2022 (C) Extended delivery date: 1 Dec 2021 Claim period: 1 Sep 2021 to 1 Dec 2021 [i.e. (A) to earlier of (B) or (C), which is (C) in this example]
(C) Service of claim
(D) Timeline to serve claim on developer
You should discuss with the developer to try to reach a mutual agreement on the qualifying costs claimed. However, if an agreement cannot be reached, the developer can apply for an Assessor’s determination on the amount to be paid to you.
Within 7 days after the application, a copy of the application must be served on the other party in the determination.
If the application is accepted, the Registrar will invite the other party to the determination to submit a reply to oppose the application to set aside the determination, if they wish to. The reply must be submitted within 7 days of the Registrar’s notice using Form 11.
Within 7 days after the reply, a copy of the reply must be served on the party who has submitted the application to set aside the Assessor’s determination.
After the Assessor has made a determination on the amount of qualifying costs to be paid to the purchaser, the parties may apply to vary or replace the original determination only if there is new information or documents which would have had a material influence on the original determination but which could not have with reasonable diligence been provided to the Assessor earlier. The application may be submitted via email to ura_covid19_registry@ura.gov.sg.
You have to copy your email application to the other party to the determination.
The fee payable is $100 for every hour or part of an hour that the Assessor takes to determine the application for subsequent determination, subject to a cap of $2,400. The applicant for the subsequent determination must pay the maximum fee of $2,400, inclusive of GST if applicable, within 5 working days of the Registrar's notification that the application is accepted. The Registrar will refund any excess fee paid to the applicant, after the Assessor has made the subsequent determination.
If you wish to extend the period within which you are required to serve or submit any form or document, you may make a request to the Registrar via email to ura_covid19_registry@ura.gov.sg.
Disclaimer
This Guide outlines the rights and obligations of the parties to the S&P Agreement of a residential, commercial or industrial property under Part 8C of the COVID-19 (Temporary Measures) Act (the “Act”) and address the more commonly occurring situations. The Guide does not purport to address all situations. The provisions of the Act and the COVID-19 (Temporary Measures) (Part 8C Relief) Regulations (the “Regulations”) shall prevail over the Guide. The reader should refer to the Act and Regulations to understand his rights and obligations under the Act and Regulations and obtain advice from relevant professionals. The Urban Redevelopment Authority disclaims any liability (including any liability arising from negligence) arising in respect of any matter and the consequences of any act done or not done by any person in reliance on anything in or omitted from the Guide. The Guide and Forms may be amended from time to time. Please refer to the website https://go.gov.sg/ura-covid-19-relief-measure for the latest Guide and Forms.