May 20, 2022

HDB Power of Attorney

A Power of Attorney (POA) is a legal instrument where someone gives power to another person to undertake certain activities for them, on their behalf, because they are unable to carry them out themselves. One kind of POA is a Housing and Development Board Power of Attorney, known as an HDB POA.

This article explains who can perform an HDB POA role, what powers it gives and in what situations it may be used.

An HDB POA may be useful in some of the following scenarios:

(1) Build-to-Order (BTO) Flats

There are three stages in buying a BTO flat:

  • Choosing the flat
  • Signing a sales agreement
  • Handing over the keys to the flat.

If the buyer of the flat cannot attend one of these stages, for whatever reason, they can use an HDB POA to appoint someone else to do it.

(2) Buying or Selling an HDB Flat

When an HDB flat is bought, the buyer usually has to sign the legal documents. If they cannot be present to do this, they can authorise an individual to do it, using an HDB POA. This allows someone else to sign documents on their behalf, such as:

  • Option to purchase
  • Agreement for lease
  • Lease-in-Escrow
  • Mortgage-in-Escrow
  • Deed of Assignment

How to obtain an HDB Power of Attorney

A standard procedure must be followed by someone seeking an HDB POA. You also need to be aware of the three types of HDB POA, which are:

  1. Purchase, sub-letting & general management;
  2. Sale, sub-letting & general management;
  3. Sub-letting & general management.

A lawyer will be able to prepare the specific type that meets your needs in your situation.

You should ensure the following elements are in the HDB POA:

  • Owner’s full name (as stated in their NRIC)
  • The owner’s attorney’s full name (as written in the NRIC)
  • The full address of the HDB flat.

The POA should be drafted by the lawyer who should then witness the client when they sign it. If the client is about to leave Singapore, then that client must sign before they leave the country, in front of a Notary Public in their country of residence.

After this, the client will send the original document to their lawyer by courier, and the POA will be filed at the Supreme Court, by the lawyer.

In order to register a POA, one of the following documents must be submitted to the Housing and Development Board:

  • The original Power of Attorney document, plus a photocopy of it
  • The true copy (certified) from the High Court, plus a photocopy of it
  • Two Solicitor’s and Advocate’s true copies of the POA
  • A letter from a solicitor confirming that the standard format of POA that the HDB gave was used
  • A Solicitor’s and Advocate’s certified true copy of the POA, including a printout provided by the High Court if the Electronic Filing System was used for registering the POA.

If you need help preparing an HDB Power of Attorney, please contact us and we will be happy to assist.

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