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HDB Power of Attorney

If you want to appoint someone to carry out certain legal activities for you, on your behalf, then you will need something called a Power of Attorney (POA). In this article, we explore a particular type of POA, known as a Housing and Development Board Power of Attorney (HDB POA). We’ll look at the sort of person who can perform this role, and what powers they can have.

You may need an HDB POA in several situations:

1. Buying / Selling HDB Flats

The buyer of an HDB flat must usually be present to sign the important legal documents. But if this is not possible, they may authorise someone to do it in their place—using an HDB POA. The sort of documents the appointed person can sign include:

Deed of Assignment
Mortgage-in-Escrow
Lease-in-Escrow
Agreement for Lease
Option to Purchase

2. Build-to-Order (BTO) Flats

In the case of BTO flats, there are three stages:

Selecting the flat
Signing the sales agreement, and
Handling the keys.

If the BTO buyer is unable to attend one of these matters for whatever reason, they may appoint someone else to do it, using an HDB POA.

How to get an HDB Power of Attorney

To acquire an HDB POA, you must follow a standard procedure. There are three main types of HDB POA to be aware of:

Purchase, sub-letting & general management;
Sale, sub-letting & general management;
Sub-letting & general management.

The specific kind you need can be prepared by a lawyer, so that it meets your needs properly.

The following details should be in the HDB POA:

Full name of owner (as recorded in their NRIC);
Full name of attorney (as given in the NRIC);
Full address of the HDB flat in question.

The lawyer should draft the POA and witness the client signing it. In the case of a client who is to leave Singapore, the client must sign before leaving, in front of a Notary Public in their country of residence.

Then the client will courier the original document to their lawyer, and the POA will be filed by the lawyer at the Supreme Court.

The registration of a POA requires the submission of at least one of the following documents to the Housing and Development Board:

The original Power of Attorney document, plus one photocopy;
The certified true copy from the High Court plus one photocopy;
Two Solicitor’s and Advocate’s true copies of the POA;
Solicitor’s letter confirming that the standard format of POA given by the HDB was used;
A Solicitor’s and Advocate’s certified true copy of the POA. This should also include the computer printout that the High Court provides, in cases where the Electronic Filing System was used for registering the POA).

Should you require assistance to prepare an HDB Power of Attorney, please don’t hesitate to get in touch.

Potential HDB Challenges In Divorce

Divorce, Family Law, Housing

There are several problems you may face when dealing with your HDB Flat after a divorce. This is especially so when the minimum occupation period (“MOP”) for the HDB flat is not yet up.

Depending on how ownership of the HDB flat changes pursuant to the divorce, there may also be issues arising from banks and their mortgage loan requirements/restrictions. As such, ownership of an HDB flat usually gives rise to practical problems when parties attempt to carry out the Court Order post-divorce.

While parties often have their own ideas on the ideal situation, it may not be possible due to restrictions on ownership and limits to what banks are willing to offer in terms of mortgage loans. For example, while the courts may order a certain change in ownership, it cannot compel institutions such as the HDB and private banks to make the Court Order practical, especially if there are already existing laws restricting ownership of HDB flat. Here are some restrictions to look out for:

HDB Restrictions

One example of a restriction is that single persons cannot generally own a HDB flat in their sole name unless they can establish a family unit. Thus, while the Court can decide that the share of one party is to be transferred to the other party, such that the recipient party becomes the sole owner – HDB may still require the intended sole owner to fulfil certain other requirements (e.g. showing that there is a family unit)before they are allowed to become the sole owner of the HDB flat.

Bank Restrictions

Restrictions on banks and their ability to issue mortgages of certain values can also give rise to judgments becoming impractical and unfeasible. Where there is a change in ownership, refinancing is always an issue, and the mortgage amount depends on the individual circumstances.

CPF Money

Where CPF monies have been used to finance the purchase of a HDB flat subject to a Court Order, it is also necessary to inquire with CPF on their regulations and policies. This is especially because failure to comply with CPF regulations will require parties to go back to Court to have the Court Order rectified for compliance.

What can I do to avoid these pitfalls?

You will need a good lawyer to help you to navigate through these potential problems. At PKWA Law, we have a team of experienced family lawyers who work closely with our Real Estate Department to ensure that the sale or transfer of your HDB property goes smoothly.

Need guidance on your situation?

If you would like clarity on your options or next steps, speak to our lawyers for a confidential discussion. Visit our practice area page to learn more about our services and how we can help.