View2Offer.com - Commercial Property For Lease

Have a legal issue related to the real estate industry?

Ian Chang, LLB (Hons), of Riaz, Ian Chang & Pat Quah Advocates and Solicitors answers your questions.

By Ian Chang

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I am interested in renting a shop space in a HDB estate for light industrial use and I am worried that this might be not allowed. Is there any way I can find out if Singapore has any special zones I must restrict my property search to? My business is very small.

In Singapore, all properties are zoned according to residential, industrial and commercial use under the master plan released by the URA. The current master plan was updated in 2003. As such, if you intend to rent a shop space in a HDB estate for industrial use, you must first check with the URA that the entire area in zoned for industrial use. If the entire area is zoned for commercial use, you will not be allowed to use the shop space for industrial use.

If the area is zoned for industrial use, you must then check directly with the landlord (mostly likely being HDB) whether or not they have any specific restrictions on the type of industrial use for which you intend to use the property. Usually the tenancy agreement will specify the type of industrial use allowed.

Lastly, you must also check on other practical issues like the voltage of the electricity available, water supply and whether the shop space is able to tolerate the loading of your industrial equipment.

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After buying my new home, I discovered that there were some severe plumbing problems that the seller of the private landed property never disclosed. Is the seller liable for the damage to my house?

The answer to your question will depend on whether you are buying a property from the resale market or a brand new property from the developer.

If you are buying a property on the resale market, the sale and purchase agreement will usually contain an “as is where is” clause which provides that the buyer buys the property in its current state and the buyer cannot claim against the seller for any defects to the property. This is based on the principle of “caveat emptor” i.e. let the buyer beware. The seller is not obliged to disclose the plumbing problem to the buyer.

However, if you are buying a brand new property from the developer, the sale and purchase agreement will contain a defects liability clause which provides that the developer must rectify all defects within a 12 month period from the date of the temporary occupation permit. This clause is mandatory in all sale and purchase agreements for all licensed developers under the Housing Developers (Control and Licensing) Act.

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After buying my new home, I discovered that there were some severe plumbing problems that the seller of the private landed property never disclosed. Is the seller liable for the damage to my house?

The answer to your question will depend on whether you are buying a property from the resale market or a brand new property from the developer.

If you are buying a property on the resale market, the sale and purchase agreement will usually contain an “as is where is” clause which provides that the buyer buys the property in its current state and the buyer cannot claim against the seller for any defects to the property. This is based on the principle of “caveat emptor” i.e. let the buyer beware. The seller is not obliged to disclose the plumbing problem to the buyer.

However, if you are buying a brand new property from the developer, the sale and purchase agreement will contain a defects liability clause which provides that the developer must rectify all defects within a 12 month period from the date of the temporary occupation permit. This clause is mandatory in all sale and purchase agreements for all licensed developers under the Housing Developers (Control and Licensing) Act.

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I am planning to buy a new home. However, my ex-wife and I bought a condo together in the past and although she accepted all responsibility for it, my name is still on the home loan. She refuses to or can't change this. This is creating a problem for me to get another home loan. What can I do to get my name removed from the home loan?

The fact that you mentioned that she was your ex-wife means that both of you had previously undergone divorce proceedings. Under the divorce proceedings, there would have been an Order of Court governing the division of matrimonial assets, including the condo owned by you and your ex-wife. The Order would usually provide for the sale of the property or the transfer of the property from one party to the other. As such, the only way to remove your name from the home loan would be to fully redeem the said loan through the sale or transfer of the property according to the Order of Court. If your ex-wife has been delaying the sale or the transfer of the property, you may apply to court to take over the conduct of the sale/transfer so that the issue of the condo can be resolved and the home loan can be redeemed.