Showing posts with label PRIVATE PROPERTY BUYING TIPS. Show all posts
Showing posts with label PRIVATE PROPERTY BUYING TIPS. Show all posts

FOREIGN OWNERSHIP OF SINGAPORE PRIVATE RESIDENTIAL PROPERTIES

FOREIGN OWNERSHIP OF SINGAPORE PRIVATE RESIDENTIAL PROPERTIES

Buying Property in Singapore

Singaporean real estate is a complex area, so before you get in contact with local realtors or real estate agents who have property for sale you may find it helpful to understand who may buy a house, apartment or condo and how to go about the purchase.

Properties in Singapore are sold either on a freehold or leasehold tenure. A freehold title enables the owner to hold the property in perpetuity, whilst a leasehold title confers possession upon the purchaser for the duration of the lease (for example, 99 or 999 years). On expiry of the lease, the title and interest in the property revert to the State.

Eligibility

Since mid-2005 foreigners can buy apartments (known as strata-titled properties) in all buildings without needing approval from the Singapore Authorities. Previous rules about the apartment block needing to be higher than six storeys and classified as a condominium no longer apply.

A foreign person (any person who is not a Singapore citizen, Singapore Company, Singapore limited liability partnership or a Singapore society) will still need approval from the Singapore Land Authority (SLA) to buy land-titled property such as houses, bungalows and vacant plots of land.

For more information (or to download a form to seek approval) see the SLA website

Financing the Purchase

Mortgages can be obtained for purchase of all freehold properties and some leasehold properties depending upon the usage and the unexpired lease term. New leasehold residential properties which generally come with 99 years leasehold shouldn't be a problem. Banks may be unwilling to give loans for residential properties with less than 60 years unexpired lease.

The current Monetary Authority of Singapore (MAS) (August 2006) ruling allows buyers to borrow up to 80 percent of the valuation (Market Value) or purchase price, whichever is lower. (The percentage is lower for commercial properties.) Ten percent must be paid in cash, the other ten percent can be paid using the buyer's Central Provident Fund or cash.

Some banks offer a lower interest rate for mortgages where the residential property is the first property purchased and is for owner occupation.

The purchaser should check the market valuation for the property they want to buy. Valuation directly affects the amount of financing that can be granted for the property. Banks generally do not require a condition survey on the state of repair of a property. However, if there are serious known risk issues, banks may be reluctant to grant a mortgage. The condition of the property also affects market value and hence the actual loan amount that can be obtained under a mortgage.

The purchaser will also need to check if their credit status and income proof will enable them to borrow the amount required.

Note: For foreigners, too, major banks or financial institutions in Singapore can lend only up to 80 percent of the valuation or sale price (whichever is lower), and will require proof of earnings.


Foreign Ownership of Singapore Private Residential Properties Guidelines

What is non-restricted residential property under the Residential Property Act?

In general, foreigners are not restricted from buying any apartment within a building; any flat or dwelling-house in an approved condominium development under the Planning Act. However, a foreign person is not allowed to buy all the apartments within a building or all the units in the condominium development.

What is restricted residential property under the Residential Property Act?

Foreign persons (including natural persons, companies and societies) are restricted from purchasing restricted residential property within the meaning of the Residential Property Act. Such property includes:

- vacant residential land;

- landed property [i.e detached house, semi-detached house, terrace house (including linked house or townhouse)]; and

- landed property in strata developments which are not approved condominium developments under the Planning Act.

Approval will have to be obtained from the Minister for Law to purchase a restricted residential property.

The Land Dealings (Approval) Unit administers the provisions of the Residential Property Act and its rules by:

- processing applications from foreign persons and foreign companies for approval to acquire or retain restricted residential property;

- issuing clearance certificates to Singapore companies and societies;

- prosecuting offences under the Residential Property Act; and

- dealing with general enquiries relating to the operation of the Act.


Under the Act, a foreign person is defined as a:

- person who is not a Singapore citizen:

- foreign company; and

- foreign society.

If you are a foreign person and are interested in purchasing a restricted residential property, you need to download the approved form from the SLA website. You can then submit the form together with the relevant supporting documents such as your entry and re-entry permits and qualifications to:

Land Dealings (Approval) Unit

Singapore Land Authority

8 Shenton Way

#27-02

Temasek Tower

Singapore 068811


The approval will be looked upon favorably if:

(a) the individual is a permanent resident

(b) an individual who can provide economic benefits to Singapore or makes adequate contribution in Singapore; and

(c) one who possesses professional or other qualifications or experience which are of benefits or advantageous to Singapore.

Any foreigners who attained ownership of residential properties in Singapore prior to the commencement of the Act in 1973 can have the right to retain it. In the event the said foreigners are desirous to sell their properties, it shall have to be sold only to any Singapore citizen or approved purchasers as stipulated by the Act.

Foreigners who are interested in purchasing restricted residential properties but have yet to attain explicit approval from the Land Dealings (Approval) Unit, the real estate agent can still have the foreigners to commit in the sale and purchase of the property concerned by spelling out clearly in the Option To Purchase documents by the insertion of a clause, i.e. “The intended purchase of the above mentioned property by the intending Purchases, namely one ___________ is subject to explicit approval from the Land Dealings (Approval) Unit, Controller of Residential Property, as stipulated by the governing Residential Property Act. In the event the approval is not validly obtained, it is hereby understood that the owners shall refund all monies without interests accrued to the said intending Purchaser and thereafter neither party shall have any claims, demands, proceedings, costs, expenses whatsoever against each other as pertaining to the said cancellation of intending sale and purchase of the said property concerned”.


Foreigners can acquire or purchase in Singapore the following residential properties without a written approval:

(a) An apartment in a building

(b) A unit in an approved condominium development.

(c) Any non-residential, commercial or industrial property.

Note: A foreign person is not allowed to acquire all the apartments within a building or all the units in an approved condominium development without the prior approval of the Minister for Law.

For restricted residential property such as vacant land, landed properties such as bungalows, semi-detached, terrace houses, townhouses and strata landed property, foreigners need to apply for approval from Land Dealings (Approval) Unit, Singapore Land Authority before buying. For more details on application, visit the Singapore Land Authority website.

PRIVATE PROPERTY BUYING TIPS

PRIVATE PROPERTY BUYING TIPS

Who Can Buy Private Property?

All Singapore citizens and companies can freely buy any type of private residential property. However, there are HDB and CPF restrictions that may affect you when you buy a private property.

For flats bought directly from HDB (including flats bought from the open market with CPF Housing Grant)

a) The flats lessees must satisfy the required occupation period for the flat before acquiring the private property

b) The flat lessees must continue to stay in the HDB flat after acquiring the private property unless having met the required occupation period allowing them to rent out the HDB flat.

For flats bought from the open market without CPF Housing Grant

There is no need to satisfy the required occupation period for the flat before acquiring the private property. However, the flat lessees must continue to stay in the HDB flat after acquiring the private property unless having met the required occupation period allowing them to rent out the HDB flat.

Foreigners or foreign companies can buy certain types of residential property according to the Residential Property Act.

The Buying / Selling Process:

Select an agent

It’s optional, but recommended. A professional agent will not only help you to find the right property, but also ensure you get the right price, ensure all small details are covered prior to purchase, guide you through the process and make recommendations on financing and legal representation.

The most important factors to be considered while buying a property are: - Location, Budget, Rental Yield

Location

Depending whether you are buying the property for own stay or investment, location plays an important role. Properties in prime districts retain their value very well and they usually have the highest capital gain in a bullish property market. Properties in the suburbs are lower in price and may be more suitable for own stay than investment. If you are purchasing the property for investment, the properties in prime districts like district 09, 10, 11 or the Central Business District are the safest buy.

Budget

Arranging Financing is a very important step before buying a property. Compare interest rates and special terms when choosing your finance scheme.

How much cash upfront are you willing to pay for the property? How much CPF is available in your ordinary account that you can use for the purchase? The latest MAS ruling allows purchaser to loan up to 80% of the valuation or purchase price, whichever is lower. 10% must be paid in cash and the other 10% can be paid using CPF or cash.

Nowadays Banks loan upto 90% depending upon certain pre-set criteria set by the bank which change from time to time. With effect from 20th February 2010, it will be more difficult and expensive for speculators to own and flip properties. A Seller's Stamp Duty will be imposed on all residential properties and residential land bought after Friday, and sold within one year from the date of purchase.

The housing loan limit will also be capped at 80 per cent - down from the current 90 per cent.
This new loan limit will apply to all housing loans granted by financial institutions for private homes, executive condominiums, HUDC flats and HDB flats, including those sold under the Design, Build and Sell Scheme. But loans granted by the Housing and Development Board (HDB) for flats, will still have a cap of 90 per cent.

Rental Yield

If you are buying the property for investment and intend to rent out the property, calculate the yearly rental yield versus the purchase price. Properties at district 09, 10 and 11 easily yield the highest rental returns. Due to the premium in price for freehold properties, they most likely have lower rental yields than leasehold properties.

If you are a non-residential foreigner (no valid employment permit or pass for long stay) purchasing a property for rental returns, do not forget to factor the personal income tax, which is moderately high at 20%. For foreigners who are working in Singapore with valid employment status, the tax rate will be much lower. Visit the IRAS website for more info on taxes.

Valuation & Loan

Check the indicative valuation for the property you intending to buy. Valuation directly affects the amount of loan you can get for the property. Take into account the number of years that you can loan, the monthly installments, etc.

You need to check whether your credit status and income proof can enable you to loan (with effect from 19 July 2005) 90% of the of the valuation or sale price (whichever is lower). For a foreigner, major banks or financial institutions in Singapore can only loan up to 70% or 80% of the valuation or sale price (whichever is lower).

If you are looking for competitive housing loan and indicative valuation, we have contacts with major banks and can help you get a good financial package. We can help you check for indicative valuation, apply for a housing loan or get an Approval-In-Principle before the purchase. Contact us for more details.

DOCUMENTATION FOR PRIVATE PROPERTY

Find your property and agree on a price

When reaching a preliminary agreement to buy, ensure that all important points have been discussed and agreed, including any repairs or changes prior to purchase, what stays and what goes, any special requirements from both sides and the anticipated transaction completion date.

Appoint a Lawyer

You now need to appoint a lawyer to make legal enquiries on the status of the seller, the title of the property and the terms of the sale.

Option to Purchase

Sign an Option to Purchase For Private Property - The seller through their lawyer or agent will grant you an Option To Purchase sale contract for the property. At this point you are required to pay a non-refundable option fee (normally 1% of purchase price). The option period is usually 14 days.

Offer to Purchase

Alternatively, you can ask your realtor to prepare the Offer to Purchase and attention to the seller, clearly stating the price, sales completion date and others. Terms and conditions can be drafted by your solicitor or your realtor.

Stamp fee

will be payable to Inland Revenue Authority of Singapore within 14 days upon exercising the Option to Purchase or signing the Sales and Purchase Agreement when you buy from a property developer. For properties above S$300,000, stamp fee payable will be 3% of the purchase price minus S$5,400.

Legal Inspection & Completion

Your lawyer will carry out an investigation of title deeds and send requisitions to various government departments. The seller’s lawyer will also prepare the completion statement and send documents for stamping to effect completion.

Completion of Sale

From then on, leave it to your solicitor for the completion of the sale, which will be completed in around 8 to 10 weeks time (agreement between the vendor and purchaser). Your solicitor will lodge a caveat on the property, coordinate with the financial institutions, CPF board (if applicable), prepare the mortgagor/mortgagee documents.

Settle Payment and Handover

You now settle the outstanding balance of the purchase price. This might be 8 to 12 weeks after exercising the option. The seller’s lawyer will then handover the keys and title deed of conveyance, and you become the owner of your new home.

Commission Payable

For private property, agency commission is paid solely by the seller, which varies from 1% to 2% of the selling price.