Government measures in key jurisdictions 4th edition - Flipbook - Page 112
Singapore
Temporary relief for contracts affected by delay in performance or breach of construction contracts or
supply contracts: Temporary relief measures will be available for parties to a contract that is, on or after
1 February 2020 and before 19 October 2020, affected by a delay in performance by a party to a
construction (or construction-related) contract or supply (or supply-related) contract, or a breach of
such contract, where such breach or delay: occurs on or after 1 February 2020 and before 19 October
2020, and is to a material extent caused by a Covid-19 event
The contract must be in force from 20 April 2020 to 19 October 2020 (or any part thereof). A party to
the contract may apply for the appointment of an assessor to make a determination whether the
contract is eligible for the temporary relies, and if so, whether it is just and equitable in the
circumstances of the case for any prescribed obligation or prescribed right under the contract to be
performed or exercised in a manner other than in accordance with the terms of the contract; and for
any prescribed term in the affected contract to be varied, released or discharged.
Property
Have any changes
been made to
the laws around
property, rent and
enforcement?
The SG government has enacted legislation providing that terminating a lease or license over immovable
property or exercising any right of re-entry or forfeiture under a lease or license over immovable
property will be prohibited for 6 months if the lessee issues a notification for relief.
Property tax rebate: The SG government has also introduced a property tax rebate of up to 100%
from 1 January 2020 to 31 December 2020 for non-residential businesses, which is intended to
help businesses deal with the impact of Covid-19. The SG government has also enacted legislation to
make property owners to pass on the tax rebate to their tenants.
•
The passing on of the rebates by the property owner to their tenants/licensees may be by way of
cash payment (lump sum or instalment) or by way of an off-set against the rent/licence fee payable
by the tenant/licensee or a combination of both.
•
Property owners must not subject the passing of the rebate to any conditions – any such conditions
will be void.
•
Property owners must also retain records to prove that the rebates were passed on for a period of
3 years.
•
If property owners fail to pass the rebates to their tenants/licensees or fail to comply with the
record keeping obligations, the property owner will be guilty of an offence and liable on conviction
to a fine not exceeding SSGD5,000.
•
On 13 May 2020, the Covid-19 (Temporary Measures) (Transfer of Benefit of
Property Tax Remission) Regulations came into operation. It provides further details on
how owners are to pass on the rebate, including: the formulae for determining the prescribed
amount of benefit that must be passed on to the tenant, the prescribed manner and
time for passing on the benefit, and the information to be provided.
•
Temporary relief measures for property developers and individuals: On 6 May 2020,
the SG government announced temporary relief measures for property developers and
individuals affected by disruptions to construction timelines and sales of housing units
resulting from the Covid-19 pandemic:
- Extension of the Project Completion Period (“PCP”) by 6 months for residential, commercial and
industrial development projects.
Government measures in key jurisdictions
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