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SINGAPORE PROPERTY WEEKLY Issue 301
Therefore, major developers would eye older thing as instead of pandering to the wishes of
developments in prime areas and aim to buy a minority which impedes progress, the
them before building newer apartments or government can step in and in most cases,
malls in its place that has the potential to earn the owners whose properties are being
better capital returns. For the property owner, acquired will be paid due compensation.
the negotiation process (where developers
What Does The Law Say About En-Bloc
have to persuade you to move) will usually
Sales?
result in some sort of capital gains either via
cash compensation or the ability to buy a In general, if a development is older than 10
higher-priced property in a prime location at a years, at least 80% of its owners must agree
cheaper rate. Therefore, for successful en- to sell their homes. The percentage increases
bloc sales, it is usually a win-win situation for to 90% if the development is less than 10
both buyers and sellers. years old.
Additionally, there is another reason for en- Under the 2007 Land Titles (Strata Act)
bloc. It is legislated by law under the Land amendments, other than the agreement by a
Acquisition Act where the government may pre-determined majority (based on either
acquire land in the private sector to be used share value, share in land or notional share),
for providing essential public goods such as they must take into account the total area of
schools, hospitals or the more common all the lots in the strata or flatted
example, MRT projects. It is generally a good development.
For example, for developments that are older What the En-Bloc Process Involves
than 10 years old, besides getting 80% of the
Either external buyers or homeowners can
owners to agree (based on strata value), this
initiate an en-bloc. The first step is for the
80% must also form no less than 80% of the
homeowners to form a sales committee and
total strata area (excluding the area of any
appoint no more than three persons to
accessory lot) or flats.
represent the entire group.
In the 2010 amendments, stricter restrictions
The committee would have to seek
were imposed, such as the enforcement of a
professional advice from a legal consultant
2-year hiatus after a failed first attempt. This
and marketing/property consultant as well as
is to prevent harassment of homeowners who
to obtain an independent valuation report
had refused to sell their properties, as
from an independent valuer. These
witnessed from the infamous case of the
professionals will also have to advise on the
Laguna Park condo.
proposed method of distributing sales
When the majority of the owners agree to sell proceeds and decide on the sale method, e.g.
a collective number of units, the whole by auction or tender.
development can be sold, much to the
displeasure of the remaining dissenting
owners.
Once the committee is formed, they will have owners who do not agree to the sale can still
to persuade the majority (as defined by law) raise their objections with the Board.
to sell and indicate their consent by signing a
At the end of the day, a successful en-bloc
Collective Sale Agreement. This must be
sale is financially rewarding to both the
obtained within a year. Failure to do so will
homeowners and buyer(s), resulting in a win-
render the sale attempt invalid.
win situation. The process, however, is long
The 2010 amendments to the law also drawn and can take years before successful
imposed new general meeting requirements completion.
and expanded the definition of what
By Andrew Adriaan, Associate Director,
constituents a failed attempt. For instance,
Redbrick Mortgage Advisory. Andrew spent
when the general meeting is unable to obtain
the last 7 years working with private bankers,
30% (by shared value of the development)
advising high net worth clients on their
within the hour, it is deemed as a failed
mortgage matters. As a highly efficient
attempt.
banker, he has won many sales awards
Once the committee has found a buyer and during his employment with one of the largest
the sale is agreed upon, an application may lenders in Singapore. To get a free
be made to the Strata Titles Board who will consultation on your new loan or refinancing
then evaluate the application before making a needs, please head to
decision. Do note that even at this stage, www.propwise.sg/mortgage/