There are some flat owners who may need to meet additional requirements before they can sell their flats. Th
e additional requirements are
for flat owners who are in
Under the Housing & Development Act, so long as one of the flat owners of the HDB flat is a Singapore Citizen, the HDB flat (of any type) will not vest in the Official Assignee ("OA") in the event of bankruptcy of any or all of the flat owners; that is,
the flat owners would not be compelled to dispose of their flat. However, notwithstanding the above, if the purchase of the flat has been financed with a mortgage loan from a bank or the HDB, then the flat may be sold by the bank through a mortgagee sale, or compulsorily acquired by the HDB in the event the owners default in the mortgage repayment and run up mortgage arrears.
The Official Assignee's consent is not required if a bankrupt flat owner wishes to sell his or
her HDB flat which does not vest in the Official Assignee. This applies to bankrupt flat owners who belong to Singapore Citizen households.
For bankrupt flat owners of Singapore Permanent Resident Households ("SPR households"), it is a requirement that they get the Official Assignee's consent before they can sell their flat. The letter of consent must be obtained from the OA before the owners grant an Option to Purchase to the prospective buyers.
If the divorce occurs after the flat owner has occupied their flat for the minimum occupation period
, the flat owner may be allowed to sell the flat provided he or
she meets all eligibility conditions for resale.
The seller must produce the following documents:
- Writ for Judicial Separation (previously known as Deed of Separation); or
- Interim Judgment (previously known as Decree Nisi) and Certificate of Making Interim Judgment Final (previously known as Certificate of Making the Decree Nisi Absolute); or
- Divorce Certificate (for Muslims); and
- Order of Court (if any).
|If the above documents are in languages other than English, an official translation in English, of these documents by a sworn interpreter of the Supreme Court or Subordinate Courts is required.|
More information on flat owners who are divorced
The Administrator/Executor must produce the following documents:
- Death Certificate (original and 3 photocopies);
- Grant of Letters of Administration/Probate (if applicable);
- The Last Will/Inheritance Certificate (if applicable);
- Court Order to sanction the sale (if applicable)