You are eligible for the relief if you are a developer of residential, commercial and industrial properties and meet all the conditions below:
• Option granted or S&P Agreement entered into before 25 March 2020; • Delivery date in the S&P Agreement is on or after 1 February 2020; • Permit to carry out structural works was granted by BCA before 7 April 2020; • Temporary Occupation Permit has not been issued as at 7 April 2020; and • No proceedings before a court or arbitral proceedings under the Arbitration Act or any other proceedings as may be prescribed have been commenced before 2 November 2020 for the failure to deliver possession of the residential, commercial or industrial property (as the case may be), and/or no judgment, arbitral award, compromise or settlement has been given or made before 2 November 2020 in relation to the failure to deliver possession of the said property.
(A) Service of notice
You have to serve a written notice on purchasers, using Form 1, to extend the original delivery date in the S&P Agreement by up to 122 days. You may serve more than 1 notice of extension to the purchaser, provided that the total extension shall not exceed 122 days after the original delivery date in the S&P Agreement. To serve the second or subsequent written notice, use Form 2. (B) Timeline to serve notice
The written notice(s) must be served on purchasers within the stipulated timeline: For projects issued with temporary occupation permit (TOP) before 1 July 2021 From 1 July 2021 till 29 July 2021 For projects issued with TOP on or after 1 July 2021 From 1 July 2021 till 28 days after the issue of TOP for the project
(A) Qualifying costs that may be claimed
The purchaser may claim 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 in the agreement. The costs that may be claimed are:
Costs that cannot be claimed:
(C) Timeline for purchaser to serve claim on developer
The purchaser has to submit the claim on the developer within the following timelines:
Where delivery date is extended by up to 122 days
(A) Projects issued with TOP before 1 July 2021
From: 30 September 2021 To: Latest of the following dates – (i) 25 November 2021; (ii) 56 days after actual date of delivery of possession; (iii) 56 days after the developer notifies the purchaser of the assessor’s certification.
(B) Projects issued with TOP on or after 1 July 2021
Within 28 days after the purchaser has served the claim on the developer, the developer must:
You should discuss with the purchasers to try to reach a mutual agreement on the qualifying costs claimed. If you are unable to reach an agreement, you may apply for an Assessor’s determination on the amount to be paid to the purchaser.
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