Purchasing a Property in Singapore - Legal Assistance for Foreigners
Purchasing a Property in Singapore
Updated on Friday 19th January 2024based on 6 reviews.
Quick Facts | |
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Types of properties foreigners can purchase | Purchasing a property in Singapore involves a more complex system compared to other countries, as foreigners are restricted from buying specific units. Currently, foreigners can purchase: - private apartments; - condominiums; - landed properties – only with governmental approval; - executive condominiums – only if the property is older than 10 years old. |
Mandatory legal representation (yes/no) | No |
Main legal responsibilities of property lawyers | A lawyer specialized in real estate law will help clients in preparing the sale-purchase documentation, will intermediate the sale procedure and will assist foreigners in obtaining the necessary accreditation for buying property. |
Due diligence (yes/no) | Yes |
Documents necessary for the property purchase | The documentation varies based on the type of property you want to purchase. You need to have a valid sale-purchase contract, proof of having the financial resources to buy the property and identification documents (identity card, residence permit card, marriage certificate - certain properties can be purchased only by married couples), governmental approval (necessary for non-residents). |
Main property taxes | Purchasing a property in Singapore requires foreigners to pay the following taxes: - Buyer’s Stamp Duty (BSD) charged at progressive rates based on the sale prices; - BSD varies from 1% to 6% for residential properties and from 1% to 5% for non-residential properties (properties sold for other purposes than long-term residency); - foreigners (including foreigners who are permanent residents in Singapore) must pay the Additional BSD, varying from 5% to 65% depending on the number of properties owned and the entity of the owner. |
Parties involved in the sale/purchase of a property | It varies on the nature of the foreigner (non-resident, resident) and the type of property. Parties involved can be: - the seller; - the buyer; - the lawyer; - the notary public; - the Housing&Development Board (HBD) – for public properties (not available for foreigners, although exemptions are prescribed in specific situations); - the Land Dealings Approval Unit – grant approval for certain types of properties bought by foreigners. |
Fees charged by notaries/lawyers (if applicable) | Notarial certificate - S$75, authentication fees - S$80, signing the power of attorney - S$40 to S$80, etc. Lawyers' fees can be around S$2,000, but it can vary on the services and the property to buy. |
Law regulating property and property sales in Singapore | The Residential Property Act 1976 |
Conditions to purchase for EU nationals | There aren't specific procedures for purchasing a property in Singapore for EU nationals. |
Conditions to purchase for non-EU nationals | EU and non-EU nationals must follow the same regulations for the purchase of properties, as Singapore does not differentiate between the 2 categories of citizens. |
Documents necessary for the purchase of commercial/industrial property | Sale-purchase contract, identity documentation (for individuals), corporate documents (where the buyer is a legal entity), documents attesting having the necessary financial resources, loan documentation (for those who have applied for a bank loan for the sale). |
Institutions involved in the registration of new ownership | Singapore Land Registry |
The mandatory provisions of a property sale contract | The parties involved (the seller and the buyer), the price, the conditions agreed by the parties, the term at which the conditions must be fulfilled, the conditions in which the property will be handled to the buyer, matters concerning the title deed, cancellation of contracts, provisions for the sale of property to a foreigner. |
Types of property contracts to sign in Singapore | - Agreement for the Sale and Purchase of Private Residential Property; - Option to Purchase (for reserving a property available for sale) - the document is signed for HBD and private properties; - the same types of documents are used for the sale of commercial property. |
Types of properties in Singapore
- public housing, which is not available for purchase for foreign individuals;
- private residential housing, which allows foreign ownership in certain conditions;
- executive condominiums, available to foreigners 10 years after the condominiums have been completed.
The process of buying property in Singapore
- if you want to buy a property in Singapore for residential purposes, you do not have to pay value added tax (known as the goods and services tax, currently charged at a rate of 8%) – this tax is charged for the sale/rent of non-residential property, according to the Inland Revenue Authority;
- stamp duty, ranging from 1% to 6% based on the selling price of the property;
- legal taxes, in the value of 0.3% of the selling price of the property;
- the real estate agent will be paid with 1% of the selling price;
- at the transfer of ownership, it is required to pay registration fees ($68,30 for the transfer).
When is it recommended to buy a property in Singapore?
Applying for property purchase approval in Singapore
- detached house;
- bungalow;
- terrace house;
- semi-detached house;
- vacant land that is for residential purposes only;
- strata landed house.