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1.
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Can I, as a foreigner, buy vacant residential land to build a dwelling house?
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Yes. If you are an individual buying the vacant land to build your own dwelling house. If approval is granted, it will be subject to you agreeing:-
a. to obtain the Temporary Occupation Permit or Certificate of Statutory Completion (whichever is earlier) within 36 months after the date of letter conveying the decision;
b. not to dispose of your interest in the property within 3 years after the date of issue of the Temporary Occupation Permit or within 3 years after the date of issue of the Certificate of Statutory Completion (whichever is earlier); and
d. to use the property for your own occupation and that of your family members as a dwelling house and not for rental or any other purpose.
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2.
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Can I, as a foreigner, at the time of application for the purchase of the property or subsequently in future,
(i) tear down the existing dwelling house on my property to build a new dwelling house thereon;
(ii) carry out reconstruction of the existing dwelling house; or
(iii) carry out additions and alterations to the existing dwelling house?
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Yes. You have to indicate your intention at the time of application.
However, if your intention is to carry out any of the above in the future, you need to obtain Government approval before commencement of the works. You make an application by submitting the application form (Form VC). A non-refundable fee of $520 is payable for the application. If approval is granted, it will be subject to the conditions as stated in paragraph 1 above.
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3.
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Is there a time limit for me, as a foreigner, to own the property?
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You cannot sell your estate and interest in the property within 3 years after the date of purchase of the property. However, if the property purchased is:
a. a plot of vacant land for your construction of a dwelling house; or
b. a built-up property which you intend to or subsequently in future
(i) tear down to re-build a new dwelling house;
(ii) carry out reconstruction of the existing dwelling house; or
(iii) carry out addition and alteration works to the existing dwelling house,
you cannot dispose of your interest in the property within 3 years after the date of issue of the Temporary Occupation Permit or 3 years after the date of issue of the Certificate of Statutory Completion, whichever is earlier.
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4.
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Is there a limit on the land area of the property?
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Yes. The land area of the property should not exceed 1,393,5 sq metres (15,000 sq ft).
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5.
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Does it matter if the property is freehold or leasehold?
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6.
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Must I, as a foreigner, dispose of my HDB flat if I am granted approval to buy a restricted residential property?
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Yes, if the property you now own is a restricted residential property purchased/acquired before, on or after 11 September 1973.
Note:
If you and/or your spouse own an HDB flat or a non-privatised HUDC Phase III or IV flat, you are strongly advised to check with HDB as to whether you and/or your spouse are eligible to retain your HDB flat without owner-occupation under the HDB's existing policies, before you proceed to purchase a restricted residential property. This is to ensure that you and/or your spouse do not infringe the terms of your HDB lease, the Housing and Development Act or any of HDB policies in force, when you purchase a restricted residential property. If you are not eligible to retain your HDB flat without owner-occupation, you will be required by HDB to dispose of your flat within such time as may be specified by HDB.
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7.
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Must I, as a foreigner, dispose of my Executive Condominium Unit if I am granted approval to buy a restricted residential property?
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Yes, if the property you now own is a restricted residential property purchased/acquired before, on or after 11 September 1973.
Note
If you and/or your spouse own an Executive Condominium (EC) purchased under the Executive Condominium Housing Scheme Act 1996, you and/or your spouse are not allowed to dispose of your EC within the Minimum Occupation Period of 5 years starting from the date of issue of its Temporary Occupation Permit nor acquire an interest in another residential property or HDB flat within this period. If you do so, you will infringe the Executive Condominium Housing Scheme Act 1996 and HDB can compulsorily acquire your EC.
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8.
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When must I, as a foreigner, dispose of my current restricted residential property if I am granted an approval to purchase/acquire another restricted residential property?
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a. (where separate legal title has been issued for the new property to be purchased), on or before the legal completion of the purchase of the new property; or
b. (where the new property to be purchased is under construction), within 3 months from the date issue of the Temporary Occupation Permit or Certificate of Statutory Completion (whichever is the earlier) for the new property; or
c. (where the Temporary Occupation Permit or Certificate of Statutory Completion for the new property to be purchased has been issued but separate legal title has not been issued), within 3 months from the date when the seller delivers vacant possession of the new property to you.
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9.
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Can I, as a foreigner apply if I do not have a specific property in mind?
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Yes, you can state in the application form that you are applying for an Approval In-Principle (AIP). In fact, we encourage applicants to submit the application for the AIP before entering into any contract to purchase a specific property.
The AIP, if granted, is valid for 6 months. It is not renewable. Once the 6-month period has lapsed, a fresh application must be made for another Approval In-Principle or for purchase of a specific property.
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10.
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Can I enter into an agreement before approval is granted to allow the purchase of a restricted residential property?
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Yes. However, we encourage applicants to submit an application for approval-in-principle first before entering into any contract to purchase a specific property.
Please note that if you enter into any contract to purchase a specific property, you must ensure that a clause stating that the purchase of the restricted residential property is subject to your obtaining Government approval is incorporated. Otherwise, the Option to Purchase or Sale and Purchase Agreement is invalid under the Residential Property Act and LDAU cannot process an invalid application.
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11.
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Can I use the property for rental?
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No. When approval is granted for you to purchase a restricted residential property, it will be subject to the condition that the property will be used solely by you for your own occupation and that of your family members as a dwelling house and not for rental or any other purpose. You are required to give an undertaking to this effect. Breach of this undertaking is an offence under Section 25(8) of the Residential Property Act for which an offender may be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or both.
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12.
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How long do you take to process the application?
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Generally, the average processing time is within 30 days (excluding Saturdays, Sundays and Public Holidays).
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13.
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Can I appeal if my application is not approved?
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Yes, you may appeal against the Minister's decision within 3 months from the date of the letter informing you of the disapproval.
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14.
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Can I, as a foreigner, acquire a restricted residential property which is bequeathed to me?
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Under the Residential Property Act, a foreign person cannot acquire/inherit a restricted residential property unless he obtains approval. If approval is not granted to him, the personal representatives of the estate of the deceased person must dispose of the foreign person's share in the restricted residential property within 10 years from the date of death of the deceased person.
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15.
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Can I bequeath a restricted residential property to a foreign person?
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Yes, you may will your property to a foreign person as beneficiary. However, upon your death, the foreign beneficiary will have to obtain Minister's approval to acquire the estate and interest in the property. If the foreign beneficiary is not granted approval to acquire the property, the personal representative of the estate of the deceased person will have to sell the foreign beneficiary's share within 10 years of the date of death of the deceased person.
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16.
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What do I have to do if I have been appointed as an executor or administrator of the estate of a deceased where there are foreign beneficiaries and the property involved has not been disposed of after 10 years upon death of the deceased person?
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You have to apply to Land Dealing Approval Unit for an extension of time to dispose of the property by completing Form ST Application by Personal Representatives of a Deceased Person's Estate for Extension of Time to Dispose of a Foreign Beneficiary's Estate and Interest in the Deceased Person's Property under Section 3 of the Residential Property Act.
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