Confiscating your HDB flat - what you should know

Aerial view of an HDB estate in Singapore. Photo: Khalil Adis Consultancy

While this is the stuff of every Singaporean home owners’ nightmare, it is better to err on the side of the caution by knowing what happens when you break the law.

In Singapore where 80 per cent of the population lives in government- owned flats, (popularly known as Housing & Development Board or HDB flats), losing the roof over your head is really a big deal. 

Being government-owned, there are strict laws and regulations in place governing HDB flats. They include a minimum occupation period (MOP) of five years and a minimum rental period of six months per application when renting out your HDB flats. 

According to the Housing & Development Board, this is necessary “as it may disrupt the living environment and pose security concerns for our residents”. 

Take the example of two home owners whose flats were seized in 2014 for illegally renting them out to tourists. In both cases, the two owners had openly flouted HDB laws by renting them out on a daily basis. 

While there is no latest data as of 2018, the numbers could be higher due to the popularity of AirBnb listings. Between January 2012 to 2014, for instance, the HDB had seized 202 flats for breaking the law. 

So what can lead to such confiscations? Here are some of the common scenarios: 

#1:  You illegally rent out your property
Every HDB flat has a MOP of five years. us, you are not allowed to rent out your flat if you have not reached the MOP. 
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#2: You rent out for a short-term period 
AirBnb type of accommodations are not allowed in HDB flats as the minimum rental period for each tenant must be 6 months per application. us, flat owners are not allowed to rent out their flats or bedrooms on a short-term basis. 
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#3: You did not register with the HDB after renting out your flat
Granted, you have fulfilled the MOP, it is still against the law if you do not register the particulars of your tenants with the HDB. 

#4: Your tenants are involved in illegal activities
Illicit businesses like prostitution in the heartlands have become rife and a common problem nowadays. While the tenants are the ones breaking the law, the onus is on the owners to do regular spotchecks to make sure your tenants are not involved in such illegal businesses as this may affect the harmony of your neighbourhood. 

#5: You bought a private property before the minimum occupation period is up
Owning a HDB flat is a privilege and not a right. By buying a private property in Singapore or overseas, before the minimum occupation period is up, you are essentially denying a more deserving Singaporean a roof over their head.
 
#6: You have not been paying your mortgage
This is a last minute resort if you have persistently not been clearing your arrears despite HDB’s best intentions. In this case, the HDB has the right to confiscate your flat. However, such households will be given alternative accommodation such as downsizing to a flat that they can afford or renting a flat directly with the HDB. 

With the exception of the last scenario, losing your HDB flat can have very grave implications. Let’s take a look at them: 

Implication No: 1: Financial losses
Assuming you had broken the laws, the HDB has the right to take back your flat at the price that it was purchased after deducting a penalty. 

While the HDB does not leave you financially destitute, this also means you will not be able to enjoy the capital appreciation on your flat. 

Let’s take the case of a property agent, Poh Boon Kay whose HDB flat was repossessed by the HDB in 2010 after he and his wife was found to have illegally sublet his home. 

While they both had bought the HDB flat from the open market at S$150,000, he was reportedly paid S$125,000 after deducting the penalties. At the time of the confiscation, his flat was worth S$320,000. That’s almost a loss of S$200,000! 

Implication No: 2 No roof over your head 
Unlike the last scenario, because you had broken the law, you’re on your own. This not only creates a huge fiinancial burden as you will now have to either rent or buy a private property, but also deal with the emotional stress and uncertainty of not having a roof over your head. 

Takeaways
While HDB is an asset, it can also lead to huge financial losses if you break the law. The takeaway is this, it is always better to err on the side of caution when it comes to government-owned flats in Singapore as the repercussions far outweigh one’s ignorance and financial greed. 

​This article was first published by Asian Property Review, March-April 2018 issue