RHTLaw Taylor Wessing Construction & Infrastructure Partner Conrad Compos advised that beyond mandatory particulars such as location and land tenure, which must be provided accurately, buyers should discount the usually attractive illustration or depictions of the development as they may be subjective in The Straits Times. The article was first published in The Straits Times on 3 September 2017. Hey, where's the fountain? Some condo buyers question lack of design features that had been advertised earlier Source: The Straits Times © Singapore Press Holdings Ltd. Date: 3 September 2017 Author: Annabeth Leow Several unit owners at Braddell condominium E Maison have raised the question of design features that had been advertised earlier but did not feature in the completed project. The topic came up at the condo's first annual general meeting (AGM) recently. While the meeting broke up over a disagreement surrounding a vote for members of the management council, several owners had voiced their disquiet about certain design features. They said a roundabout and a fountain were among features cited in marketing materials but not seen in the finished condo. But developer Top Global said at the meeting on Aug 17 that the roundabout "was not constructed as its turning radius did not comply with (regulatory) requirements". The fountain could not be provided as the area was a designated fire engine access road, it added. "We wanted the residents to form their own management council and to begin managing their estate, (that's) why we called for the AGM earlier than we needed to," a Top Global spokesman said in response to a Sunday Times query. However, the AGM did not go as planned, the spokesman said. "Owing to the disruptive activities of these select few residents, there was no way to carry on with the poll and the AGM in a proper and lawful manner," the spokesman said. Another AGM will be called in due course, he added. E Maison owners may not be alone in questioning the lack of certain design features. Snazzy sales brochures can pique interest, but sometimes the reality may be different. Lake Life, in the Jurong Lake District, was billed as a "smart" development when it hit the market in 2014. Media reports spoke of how the executive condominium could run a driverless electric shuttle bus, subject to the authorities' approval, and units could have features such as Internet appliance control. The project was popular, drawing more than 1,200 applications for its 546 units at the launch. Lake Life obtained its Temporary Operation Permit last December, but neither of the much-heralded features has turned out as some expected. The driverless shuttle is still a no-go, while the smart-home packages do not come built in. A spokesman for developer Evia Real Estate told The Sunday Times "there is likely a misperception on the provision of the smart home", which must be bought from a preferred vendor. The spokesman said: "In all marketing materials, we have mentioned that the autonomous shuttle services will be available subject to (the relevant) authority's approval." As of now, driverless vehicles are being tested only in the one-north area. "In view of the current situation", the spokesman said, the developer will provide free daily shuttle bus services to nearby MRT stations, with plans to do so until a management committee is formed at the first AGM. Accountant William Loo, 38, cited price, location and nearby amenities as the key factors that drew him to his new four-bedroom home. Still, he said, "smart-home (features) would have been fun to have". Beyond mandatory particulars such as location and land tenure, which must be provided accurately, buyers "should discount the usually attractive illustration or depictions of the development as they may be subjective", said Mr Conrad Campos, a partner at RHTLaw Taylor Wessing. He said developers are obliged to provide only features depicted in the showflat or models at the showroom, in the specifications they offer for the purpose of payment of the booking fee or in the sale and purchase agreement. While projects must meet all regulatory standards, developers can start selling units as soon as they have written permission to develop the land, building plan approval and a housing developer's sale licence. An Urban Redevelopment Authority spokesman said when changes must be made to meet standards, "the developers do not need to obtain consent from the purchasers". But "to minimise subsequent design changes, (Qualified Persons) should ensure that their development plans comply with all relevant agencies' requirements before the project is marketed".

RHTLaw Taylor Wessing’s Deputy Head of Real Estate Sandra Han shares her views in The Straits Times on the differences between the terms lessee, tenant, and owner and how it applies to HDB flat owners. The article was first published in The Straits Times on 21 August 2017. HDB flat buyers - owners or lessees? Debate goes beyond semantics Source: The Straits Times © Singapore Press Holdings Ltd. Date: 21 August 2017 Author: Ng Jun Sen Lessee. Tenant. Owner. When it comes to Housing Board flats, these plain terms seem to befuddle many. What exactly should an HDB flat buyer be known as? Over the past two months, this discussion has been playing out in The Straits Times' Forum pages and online. Clearly, flat buyers are flat owners, with the right to sell, rent and renovate, within guidelines and for the tenure of their lease, said the HDB. But some people seized on the qualifiers - for the length of the lease. Does that not mean that a more accurate term for HDB flat owners is "lessees", they wonder. It also did not help that some HDB webpages and documents refer to flat buyers as "lessees" and the HDB as "lessor". This is not just a tussle over semantics. It goes to the heart of a longstanding debate over whether HDB flat owners can be called that when they have to return their homes to the state when their leases expire, and when rules over what they can or cannot do with their homes are generally more circumscribed than those for owners of private leasehold property. The question first arose on June 24 when a reader, Mr Larry Leong, wrote in to query the HDB on the terms it apparently used to refer to him. "While applying to rent out my HDB flat, I noticed that the Housing Board referred to me as a 'tenant', and my potential tenant as a 'sub-tenant'," said Mr Leong, adding that he had paid for his flat fully. "Can we have some clarity on whether HDB dwellers are tenants or real home owners for 99 years?" In its reply three weeks later, the HDB clarified that the term "tenants" refers only to those who rent public rental flats from it. Purchasers of HDB flats are owners of their property, its director of branch operations Lim Lea Lea stated categorically. She said: "Flat owners enjoy rights to exclusive possession of the flat during the tenure of the flat lease. They can sell, let out and renovate their flats, within the guidelines specified in the lease and Housing and Development Act." The board also said "the name of each HDB flat owner is reflected in the title deed, the original of which is kept with the Singapore Land Authority, as part of the central and comprehensive record for all properties in Singapore. This confirms his or her ownership of the property." But others remained unsure. Mr Andrew Seow Chwee Guan wrote in a letter dated July 20 that a duplicate lease of an HDB flat he holds "was executed by me and my spouse many years ago as a lessee in the presence of a lessor - an HDB representative". He added: "My understanding is that HDB purchasers are lessees and the HDB is the lessor. "There is a distinct difference between owners and lessees." In its latest reply published on Aug 14, the HDB said the leasehold system allows the land to be recycled and redeveloped, and is common around the world. It reiterated that leasehold property buyers are owners too, albeit for the length of the lease they hold. "During this period of ownership, they can decide to live in the flat, renovate it, rent it out or even sell it once they meet the eligibility conditions. They can decide on the selling price or rental rate of the flat, and they get to keep the proceeds from these transactions. "These are rights and benefits that only a flat owner can enjoy." However, experts have also pointed out that, unlike private property owners, HDB flat buyers cannot initiate collective sales of their homes, unless picked under the Selective En Bloc Redevelopment Scheme. On the flip side, HDB flat buyers are entitled to more benefits, including subsidised prices. Given the way the terms owner and lessee seem to be used interchangeably at times, should HDB then change its nomenclature for a buyer to "lessee" to avoid misunderstandings? Some argue that the term "owner" implies a person has possession of the property in perpetuity. They are in favour of the term "lessee", which they say states clearly that there is a lifespan to the possession of the property. "Lessee" is a more precise term, say property lawyers such as Ms Sandra Han of RHTLaw Taylor Wessing, though the word "owner" is still accurate. Acknowledging that the topic is "quite tricky", she added: "The term 'owner' is quite nebulous and is used very generally." Ms Tay Huey Ying, head of research and consultancy at property consultancy JLL Singapore, said ownership is typically implied for long-term leases of, say, more than 60 years. At any rate, the Government will likely not be keen to give up the use of the term, say real estate watchers like Mr Nicholas Mak, head of research and consultancy at ZACD Group. The word "owner" connotes rootedness and identity, unlike "lessee", and this is why the authorities would prefer to stick to the earlier term, he said. "In referring to buyers as owners, it is a case of HDB trying to have its cake and eat it too," he said. Ms Tay said it is more fruitful for the debate to focus on raising awareness of lease expiry. In fact, she said "ownership" has the advantage of allowing residents to feel that they have a stake in society and want to contribute actively to the country. "With some leases running down, what is more important is to educate purchasers on what leasehold means," she said.