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
- 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.