Monday, May 2, 2011

Housing Development Board guidelines for renting out whole HDB flat/unit

This are the guidelines for subletting of flat but is also useful info for those who will be renting the HDB so that they can verify the legality of the flat.

In particular, information provided concerns:

  • Eligibility conditions : Flat owners
  • Flat owners' responsibilities
  • Eligibility conditions : Subtenants
  • Maximum subletting period
  • Costs involved in subletting
  • Apply for approval

Eligibility Conditions: Flat Owners

To sublet the entire flat, you need to satisfy the condition of a 3-year or 5-year Minimum Occupation Period (MOP).
You are allowed to sublet your whole flat if you have occupied your:

  • Non-subsidised flat (flat purchased from the open market without a CPF housing grant) for at least 3 years if your application for the purchase of the flat was received before 30 Aug 2010;
  • Non-subsidised flat (flat purchased from the open market without a CPF housing grant) for at least 5 years if your application for the purchase of the flat was received on or after 30 Aug 2010;
  • Subsidised flat (flat purchased directly from HDB or from the open market with a CPF housing grant) for at least 5 years

In case you do not meet the MOP condition for subletting, you may still sublet your whole flat only if it is under any one of the following special circumstances.

Living in quarters provided by employer
  • You/your spouse, your family members and authorized occupiers, are all staying in quarters provided by your employer.
Going overseas to work or study
  • You/your spouse are going overseas to work or study and the entire family will be going with you
OR
  • You are leaving behind family members who:
    • Cannot take care of themselves, and
    • Will be moving out of the flat
Living in commercial properties
  • You/your spouse are tenants, subtenants or owners of commercial property with living quarters
AND
  • You need to stay in that property, with your family members, to look after the business
Other circumstances
  • You are the sole owner and occupier of the flat and need medical care from relatives because of an illness
OR
  • You are the sole owner and occupier of the flat and have been hospitalised for more than 6 months
OR
  • The flat owners have passed away and left behind an orphaned minor child (under 21 years of age)
    • The guardian or public trustee of the minor child may sublet the whole flat

Flat Owners’ Responsibilities

As a flat owner subletting your flat, you will be responsible for:

  • Making sure the flat is sublet to eligible subtenants only
  • Making sure that there is no overcrowding and the number of subtenants does not exceed the maximum number allowed
  • Making sure that your subtenants have entered and are remaining in Singapore lawfully at all times (while the subletting is in force)
  • Making sure that your subtenants do not further sublet the flat to other persons
  • Making sure that your subtenants comply with all the covenants in the lease and the provisions of the Housing & Development Act and that you are responsible for all infringements, if any, committed by them
  • Informing the Comptroller of Property Tax of the subletting, and HDB of any changes in the subletting
  • Resuming occupation of your flat and ensuring your subtenants vacate the premises when:
    • The subletting is terminated, or
    • You are no longer eligible to sublet your flat
  • Surrendering the flat if the flat is repossessed by HDB

  • Eligiblity Conditions : Subtenants

    Citizenship

    Subtenants must be :

    • a. Singapore citizens; or
    • Singapore permanent residents; or
    • Non-citizens legally residing in Singapore [holders of Employment Passes, S Passes, Work Permits*, Student Passes, Dependant Passes, Professional Visit Passes, Long Term Social Visit Passes (6 months and above)].

    *Construction workers who are Work Permit holders should be Malaysians.

    Immigration status of non-citizen subtenants may be verified using the Immigration & Checkpoints Authority's VERIFI website.

    Maximum Number of Subtenants
    The maximum number of subtenants allowed in each flat is:

    Flat Type
    Total Number of Occupants
    1-room and 2-room
    4 persons
    3-room
    6 persons
    4-room and bigger
    9 persons

    Tenancy/Property Ownership Status

    • Subtenants must not be tenants/owners of other HDB flats except for :
      • Tenants/owners who are divorced/legally separated
        • Only one of the divorced/legally separated parties may be a subtenant
    • Owners who are eligible to sublet their whole HDB flat
      • They must sublet their own flat within 1 month after having rented a flat from another flat owner
      • They are not able to sublet their own flat after they move out of their flat as there are other occupiers remaining behind
  • Subtenants must not be owners of Executive Condominium units where the 5-year minimum occupation period has not been met.
  • Maximum Subletting Period
    - Three years per subletting approval.

    Costs Involved In Subletting

    • Administrative fee
      Flat owners have to pay an administrative fee of $20/- for each subletting application.
    • Renewal fee
      Flat owners must submit a new application and pay a fresh administrative fee to continue subletting the flat when existing subletting period expires. The new application will be subject to a reassessment of your eligibility to sublet your flat.

    Apply For Approval

    You must obtain HDB’s approval before you sublet your whole flat. You can submit the application online at My HDBPage. Alternatively, you can obtain the application form from any HDB Branch Office or download the application form and print it.

    If the lessee is overseas during the period of subletting, there must be a properly appointed Attorney to act for him in the management of the flat. A certified true copy of the Power of Attorney (POA), executed in HDB's prescribed form and which has been lodged with the High Court, must be furnished (Please consult your solicitor on the POA).

    No comments:

    Post a Comment