MCO TIMETABLE

Type Date Remarks

MCO/PKP 18/03/2020 - 03/05/2020
CMCO/PKPB 04/05/2020 - 09/06/2020
RMCO/PKPP 10/06/2020 - 31/03/2021 MCO by states/MCO 2.0/ MCO 3.0

11/01/2021 - 31/05/2021
FMCO/Total Lockdown 01/06/2021 - 28/06/2021
NRP/PPN 12/05/2021 - 31/12/2021 Introduced on 15/06/2021
CHANGES BROUGHT BY THE INTRODUCTION OF ACT A1641
With Regard to Additional Modifications to the Housing Development (Control and Licensing) Act 1966
ACT 829
TEMPORARY MEASURES FOR
REDUCING THE IMPACT OF
CORONAVIRUS DISEASE 2019
(COVID-19) ACT 2020
33. In this Part, “agreement” means
agreement for the contract of sale for the sale
and purchase of housing accommodation in
the forms prescribed in Schedules G, H, I and
J of the Housing Development (Control and
Licensing) Regulations 1989 [P.U. (A)
58/1989] entered into before 18 March 2020.
ACT A1641
TEMPORARY MEASURES FOR
REDUCING THE IMPACT OF REMARKS
CORONAVIRUS DISEASE 2019
(COVID-19) (AMENDMENT) ACT 2022
38A. In this Part– The inclusion of the term 'first agreement' can
(a) ‘agreement’ refers to a contract for the be inferred to limit the reliefs to only the first
sale and purchase of a housing purchase of the particular housing
accommodation in the form prescribed in development. Subsequent purchases or a
Schedules G, H, I or J of the Housing purchaser under a sub-sale agreement may
Development (Control and Licensing) not be entitled to relief measures.
Regulations 1989 (‘agreement’); and
(b) ‘first agreement’ refers to the first
agreement entered into between a purchaser
and the developer for a housing
accommodation in relation to a housing
development under one housing developer’s

34. (1) Notwithstanding any agreement
entered into between the purchaser and the
developer, where due to the measures
prescribed, made or taken under the
Prevention and Control of Infectious Diseases
Act 1988 to control or prevent the spread of
COVID-19 the purchaser fails to pay any
instalment for the period from 18 March
2020 to 31 August 2020, the developer shall
not impose any late payment charges in
respect of such unpaid instalment on the
purchaser.
(2) The purchaser may apply to the Minister purchaser.
for an extension of the period referred to in
subsection (1).
(3) Upon considering the application under
subsection (2), the Minister may, if the
Minister is satisfied that additional time is
licence and one advertisement and sale
permit.
38B. (1) In relation to a housing The developer shall not impose any late
development, notwithstanding any agreement payment charges for unpaid instalments
entered into between a developer and a between 1 January 2021 to 31 December
purchaser, where due to measures prescribed, 2021. The relief only applies to a first
made or taken under the Prevention and agreement entered into before 31 May 2021.
Control of Infectious Diseases Act 1988 to
control or prevent the spread of COVID-19, Hence, it can be inferred that developer may
the purchaser fails to pay any instalment for impose late payment charges for unpaid
the period from 1 January 2021 to 31 instalment between 1 September 2020 to 31
December 2021, the developer shall not December 2020, if the purchaser failed to
impose any late payment charges in obtain for an extension from the Minister.
respect of such unpaid instalment on the
(2) Subsection (1) applies only to a purchaser
and a developer of a housing development for
which its first agreement was entered into
before 31 May 2021.
required by the purchaser, by written
direction to the developer, extend the period
in which the developer shall not impose
any late payment charges on the purchaser
in respect of such unpaid instalment up to 31
December 2020.
35. (1) Notwithstanding any agreement
entered into between the purchaser and the
developer, the period from 18 March 2020 to
31 August 2020 shall be excluded from the
calculation of—
(a) the time for delivery of vacant possession
of a housing accommodation; and
(b) the liquidated damages for the failure of
the developer to deliver vacant possession of
a housing accommodation.
(2) The developer may apply to the Minister
for an extension of the period referred to in
subsection (1).
(3) Upon considering the application under
subsection (2), the Minister may, if the
38C. (1) In relation to a housing
development, notwithstanding any agreement
entered into between a developer and a
purchaser, the developer may apply to the
Minister for any period from 1 January 2021
to 31 December 2021 to be excluded from
the calculation of the time for delivery of
vacant possession of a housing
accommodation or completion of common
facilities, as the case may be, in the housing
development.
(2) Upon considering the application under
subsection (1), the Minister may exclude any
period from 1 January 2021 to 31 December
2021 from the calculation of time for delivery
The developer may apply to the Minister for
any period from 1 January 2021 to 31
December 2021 to be excluded from the
calculation of late delivery of vacant
possession or completion of common
facilities.
If the time for delivery of vacant possession
or completion of common facilities has
expired, the Minister shall not consider the
application for exclusion.
Again, the exclusion relief only applies to a
first agreement entered into before 31 May
2021.
Minister is satisfied that additional time is
required by the developer to deliver
vacant possession, by written direction
grant to the developer an extension period
of up to 31 December 2020 to deliver
vacant possession and such extension shall
have the same effect as the period
excluded in subsection (1).
of vacant possession of a housing
accommodation or completion of common
facilities if the Minister is satisfied that
due to measures prescribed, made or taken
under the Prevention and Control of
Infectious Diseases Act 1988 to control or
prevent the spread of COVID-19, the
developer was unable to deliver vacant
possession of a housing accommodation or
complete the common facilities in
accordance with the agreement.
(3) The Minister shall not consider an
application under subsection (1) if the
application is made after the expiry of
the time for delivery of vacant possession
or the completion of common facilities
specified under the agreement.
(4) Subsection (1) applies only to a developer
of a housing development for which its
first agreement was entered into before
31 May 2021.
Therefore, it can be inferred that the period
between 1 September 2020 to 31 December
2020 can be included in calculation of
delivery of vacant possession and the
liquidated damages for failure of developer to
deliver vacant possession of a housing
accommodation, if the purchaser failed to
obtain for an extension from the Minister.
Additionally, the exclusion from 1 January
2021 to 31 December 2021 does not apply to
the calculation of liquidated damages for
failure of developer to deliver vacant
possession of a housing accommodation.

35(4) Notwithstanding any agreement
entered into between the purchaser and
the developer, if the purchaser is unable
to enter into possession of occupation of
a housing accommodation from the date of
service of a notice to take vacant possession
from the developer during the period from 18
March 2020 to 31 August 2020 or any
extension period granted under subsection
(3), the purchaser shall not be deemed to
have taken such vacant possession.
(5) For the purposes of assessing the
liquidated damages due to the failure of the
developer to deliver vacant possession of a
housing accommodation or complete the
common facilities, the period excluded by
the Minister under subsection (2) shall not
be taken into account.
38D. Notwithstanding any agreement If the purchaser is unable to take vacant
entered into between a developer and a possession during 1 June 2021 to 31 October
purchaser, where due to measures prescribed, 2021 or any excluded period from clause 38C
made or taken under the Prevention and due to the measures under the COVID Act,
Control of Infectious Diseases Act 1988 to the purchaser shall not be deemed to have
control or prevent the spread of COVID- taken such vacant possession.
19, the purchaser is unable to take
possession of a housing accommodation
from the date of service of a notice to take
vacant possession from the developer during
the period from 1 June 2021 to 31 October
2021 or any excluded period granted under
subsection 38C(2), the purchaser shall not

36. (1) Notwithstanding any agreement
entered into between the purchaser and the
developer, the period from 18 March 2020 to
31 August 2020 shall be excluded from
the calculation of—
(a) the defect liability period after the
date the purchaser takes vacant possession
of a housing accommodation; and
(b) the time for the developer to carry out
works to repair and make good the defect,
shrinkages and other faults in a housing
accommodation.
(2) The purchaser may apply to the
Minister for an extension of the period
referred to in subsection (1).
(3) Upon considering the application
under subsection (2), the Minister may, if
the Minister is satisfied that additional
time is required by the purchaser, by
be deemed to have taken such vacant
possession.
38E. Notwithstanding any agreement The period of 1 June 2021 to 31 October
entered into between a developer and a 2021 shall be excluded from the calculation
purchaser, in relation to any housing of the defect liability period.
development, the period from 1 June 2021 to
31 October 2021 shall be excluded from Understandably, the period from 1 September
the calculation of— 2020 to 31 December 2020 shall be included
(a) the defect liability period after the date the from the calculation of the defect liability
purchaser takes vacant possession of a period should the purchaser failed to apply
housing accommodation; for extension to the Minister as well as the
(b) the defect liability period after the period from 1 January 2021 to 31 May 2021.
date of completion of common facilities;
and
(c) the time for the developer to carry out
works to repair and make good any defect,
shrinkage and other faults in a housing
accommodation and common facilities.
written direction, exclude the period up to
31 December 2020 from the calculation
of—
(a) the defect liability period after the
date the purchaser takes vacant possession
of a housing accommodation; and
(b) the time for the developer to carry out
works to repair and make good the defect,
shrinkages and other faults in a housing
accommodation.
37. (1) The modifications in sections 34, 38F. (1) Any exclusion or extension which The modifications in sections 38B to 38E
35 and 36 shall not affect any legal has been granted under sections 38B, 38C, shall not affect any legal proceedings
proceedings commenced, or any judgment 38D and 38E shall not affect any commenced, or any judgement or award
or award obtained, to recover late exclusion or extension which has been obtained, to recover late payment charges
payment charges payable by the purchaser granted under sections 34, 35 and 36. payable by the purchaser or liquidated
or liquidated damages payable by the (2) The modifications in sections 38B, damages payable by the developer or any
developer or any other sum during the 38C, 38D and 38E shall not affect any other sum during the period from 24 October
period from 18 March 2020 until the legal proceedings commenced, or any 2020 until the Enforcement Date.
date of publication of this Act. judgment or award obtained, to recover late
(2) Notwithstanding sections 34 and 35, any payment charges payable by the purchaser Similarly, any late payment charges that has
late payment charges that has been paid by or liquidated damages payable by the been paid by the purchaser or liquidated
the purchaser or liquidated damages that has
been paid by the developer before the date of
publication of this Act shall be deemed to
have been validly paid under the Housing
Development (Control and Licensing) Act
1966 and its regulations, and such payment
shall not be refunded to the payer.
developer or any other sum during the damages that has been paid by the developer
period from 24 October 2020 until the immediately before the Enforcement Date
date immediately before the coming into shall be deemed to have been validly paid
operation of this Part. under the Housing Development Act (Control
(3) Notwithstanding sections 38B and 38C, and Licensing) 1966 and its regulations, and
any late payment charges that has been paid such payment shall not be refunded to the
by the purchaser or liquidated damages that payer.
has been paid by the developer immediately
before the coming into operation of this Part
shall be deemed to have been validly paid
under the Housing Development Act (Control
and Licensing) 1966 and its regulations, and
such payment shall not be refunded to the
payer.”.