There has been considerable interest on the issue of whether ‘buyers’ of HDB flats are ‘owners’ or ‘lessees’. I will compile most of the points I have highlighted in this post and readers can come to their own conclusions.
Below are numerous images from my FB posts which are self explanatory.
1. HDB’s own timeline states clearly that prior to key collection, ‘flat buyers’ are required to sign the “Agreement for Lease”. Without signing a Sale and Purchase Agreement, ownership rights are not transferred and buyers are therefore merely leasing the flat from HDB. That buyers have been permitted to transfer the remaining lease does not make one an owner of a HDB flat.
HDB | Sign Agreement for Lease
2. There shouldn’t be any ‘owner’ vs ‘lessee’ issue because it is clearly stated on the Agreement for Lease, a legal document that HDB is the lessor and ‘owners’ are lessees.
“Agreement for Lease” means just that; we are merely HDB tenants. That buyers have been allowed to pay up the 99-year lease in full – upfront – with a HDB/bank loan (similar to other property purchases), instead of paying rent monthly, does not make one an owner. It’s an arrangement facilitated by the government to create the illusion of ownership.
3. Further confirmation of our lessee status below.
Other FB images below.
No one can possibly own a HDB flat by signing a lease agreement – no different from a tenancy agreement, except for payment terms* – with HDB. Control of the flat ‘owner’s’ property remains in HDB’s hands. **
(A reader’s comments on my blog: βHDB has recently sneakily removed the term βLESSEEβ from the Agreement For Lease and replaced it with βPURCHASERβ. It has also dropped the term βLessorβ from this document.” Microsoft Word – Generic AFL(new format) 31 May 2017 – specimen.doc (hdb.gov.sg. This is another attempt by HDB to erase its lessor status.)
4. HDB is aware of this issue, since at least a decade ago. In 2014, I queried HDB and the reply from its legal counsel was that the government has defined the purchaser of a HDB lease as an owner under the Housing and Development Act; and so we must be one.
HDB’s response came after an earlier reply from HDB telling me this: “If you own an HDB flat, then you are the owners of the flat”. (Try not to laugh)
5. HDB’s website had all the while been using “subtenants”, “subletting”, etc with regard to lessees – us – renting out flats/rooms. However, HDB had to subsequently amend “subtenants” to “tenants” or “subletting” to “renting out” as more Singaporeans became aware of our true legal status. Below are images posted on my FB.
Original page on HDB website:
Post amendment:
Another HDB document confirming our ‘lessee’ status and HDB the only legal owner of all HDB flats.
If one is an owner, why the need to seek approval to rent out property?
6. Further confirmation of our lessee status:
a. Pasir Ris-Punggol Town Council
b. CNA
c. Real estate professionals*** and financial counselor
The right to transact the remaining HDB lease should not be confused with an actual property transaction, where strata titles are transferred.
The legal document is a lease agreement which states clearly the contract between a lessor (HDB) and lessees (joint tenants). For those who still do not know the definition of lessor: “a person or organization that allows another person or organization to use something they own in return for regular payments” LESSOR | English meaning – Cambridge Dictionary
7. Ministers have attempted to perpetuate the myth of HDB flat ownership by highlighting the similarity between the 99-year leases of HDB and some private property while leaving out these differences:
With regard to en bloc sale, HDB lessees – rightly – have no say; because we don’t own our flats; every en-bloc decision is made by HDB. There is no room for negotiation with regard to compensation.
Unlike real owners of property who will receive a en-bloc sale windfall, HDB lessees are given the option of becoming a HDB lessee of a newer flat!
8. Even a fully-paid $1 mil HDB flat is worthless to a bank; the HDB ‘owner’ cannot even pledge as collateral for a $1 loan. The reason: legal title has not been transferred to HDB ‘owners’.
9. In a 2001 parliamentary speech, then DPM Lee Hsien Loong used the correct term “lessees” with regard to resale application. Are “lessees” and “owners” interchangeable after Lee Hsien Loong became PM?
The fact that one has to apply to HDB to sell one’s ‘own’ flat should be telling; HDB is the owner.
10. The difference between buyers of HDB flats and ECs: the former sign a lease agreement whereas EC buyers sign a S&P agreement. HDB ‘flat buyers’ remain lessees whereas EC buyers own their apartments.
Questions:
Can anyone who signs a lease agreement become an owner?
Can an owner be evicted from his/her own property?
* In the case of a new HDB flat, buyers of the 99-year lease are allowed to borrow the full amount and pay back HDB/banks in monthly installments over 25 years. However, this does not make the lease buyer – right of use only, subject to HDB (owner) terms – an owner of the physical property.
** As the owner/landlord of all public housing flats, HDB lays down all the terms in the lease agreement. For example, ‘owners’ who wish to rent out rooms/entire flats are subject to a set of HDB rules. This is no different from the terms of a tenancy agreement between private property owners and tenants (HDB and HDB tenants, aka ‘owners’).
As HDB tenants/lessees – not owners, our flats are subject to a pre-sale inspection by HDB officers to ensure that flats are reinstated to their original condition. There are other onerous terms when it comes to the purchase/sale of the remaining lease (not physical flat), such as ethnic quota limits, buying eligibility, seeking approval for renting out rooms/entire flat, etc HDB | Residential
HDB can also compulsorily acquire its OWN flats should there be serious breaches of HDB rules.
How can our assets be compulsorily acquired by the seller?
*** “There is a fundamental difference between public housing and private, and that is in the ownership title. Nicholas Mak, SLP International executive director and head of research and consultancy, says: βIn public housing, the relationship between HDB and the dweller is as lessor-lessee. Itβs not like a private condominium, where upon completion β Temporary Occupation Permit and Certificate of Statutory Completion β the developer will transfer the strata titles over to the individual buyers. For public housing, the property title remains with HDB, says Mak. A group of HDB dwellers in three housing blocks discovered that the hard way when they banded together to attempt a collective sale on their own during the collective sale fever some 20 years ago. βThat was when they woke up to the reality that they didnβt actually own the land,β he recounts. βAs HDB dwellers, they own just the right to use that box in the sky.β Perils of owning ageing leasehold properties – Singapore Property News (edgeprop.sg)
That HDB owners are in fact lessees was also highlighted by Ku Swee Yong in a 2018 media article, “Outdated ideas on home ownership and land shortage are crippling us; Aug 14”. HDB’s subsequent response – as well as PM Lee’s – failed to convince many Singaporeans that HDB ‘owners’ are not lessees. HDB | Leaseholds confer ownership rights for finite term: HDB
PM Lee Hsien Loong refutes notion that 99-year HDB lease is extended rental, not a sale | The Straits Times