As we all know that if a purchaser wishes to buy a property and the property is fall under HDA, The developer have no choice but to use the standard template under the HAD mainly for landed property the standard Sale & Purchase Agreement is Schedule G where for multi-level property the developer have to use schedule H for the Sale & Purchase Agreement.
So, the question is now is that can the Developer add or modify (contract out) the standard template provided by the act?
The answer is… It depends. If the terms are favorable then the Developer may amend the Sale & Purchase agreement. This is because the existence of the HDA template is to protect the Purchaser where the purchaser of the property is mostly in a weaker position to bargain the contract. HDA is there to protect the Purchaser.
Except with regards to the extension of time of the Sale and Purchase Agreement the Developer may apply for the extension of time to complete the project with the appropriate authority.
However, there is recently a Federal Court decision which states that the Controller of Housing have no power to grant extension of time, the Federal court did not mention that urban wellbeing, housing and local development minister whether or not they have the power to grant extension of time. Therefore, Purchasers advise observe their Sale & Purchase Agreement whether or not the Developer has the apply the extension of time with the right authority.
Do take note that HDA property are usually residential in nature. If the type of property is commercial in nature. The Developer may amend the Sale & Purchase Agreement without following the standard template of the HDA.
