Latest Property Cooling Measures 2013

What are the latest property cooling measures in Singapore?

How are they going to affect you?

Why you should know before you buy?

All that is happening here in Singapore Property Market 2013 !

The Latest Round of Cooling Measures w.e.f. 12 Jan 2013

With property buyers losing the correct sense of proportion with the advent of more hot money, the Singapore Government has introduced Round 7 of curbing measures (dubbed as CM 7) in bid to cool the red-hot property market with heavier dosage of ABSD, lower loan-to-value (LTV), and higher minimum Cash Down Payment. This time round even the public housing and industrial property segments are not spared.


ENHANCING THE ADDITIONAL BUYER’S STAMP DUTY (ABSD)

First of all, the Additional Buyer’s Stamp Duty (ABSD) rates have been raised on foreigners and non-individuals, permanent residents (SPR), and Singaporeans; and from 12 January 2013 onwards the following enhancements to ABSD have been made:

(i)            PRs purchasing their first residential property pay an ABSD at a rate of 5%; and
(ii)          Singaporeans purchasing their second residential property at a rate of 7%.

The ABSD structure is enhanced as follows:

Citizenship
ABSD RATE
on First Purchase
on Second Purchase
on Third & Subsequent Purchase
Singaporeans
Not Applicable
Raised to 7%
Raised to 10%
Permanent Residents (SPR)
Revised to 5%
Raised to 10%
Raised to 10%
Foreign buyers and Non-individuals (corporate entities)
Raised to 15%
Raised to 15%
Raised to 15%
Source of information: MND

Singaporean first-time buyers and Singaporean buyers of HDB flats will not be affected by the new measure.

No change in taxation principles of ABSD

For purchases made jointly by two or more parties, the higher applicable ABSD rate will be imposed. For example, if a Singaporean purchases a property with a foreigner, the ABSD rate of 15% will apply regardless of the number of properties each owns.  If two Singaporeans jointly purchase a property with one of them already owning a residential property at the time of purchase, the ABSD rate of 7% will apply.

Married couples enjoy ABSD relief

When there is at least a Singaporean spouse in between the married couple, ABSD relief will be provided for their joint purchases (i.e. a married couple with a Singaporean spouse and PR / foreigner spouse). If both spouses do not own any other property at the time of purchase, the marital home that they purchase will not be subject to ABSD.

ABSD Refund

Eligible married couples with at least one Singaporean spouse who have purchased a second private residential property and will dispose their existing residential property will enjoy ABSD refund as follows:

(i)       The ABSD paid will be refunded if these Singaporean married couples dispose their first property within six months of the purchase of the second property, if the latter property is a completed unit.

(ii)     If the second property is an uncompleted unit, the refund will be given if the first property is disposed within six months of the Temporary Occupation Permit (TOP) or Certificate of Statutory Completion (CSC) date of the second property, whichever is earlier.

(iii)    These Singaporean couples must also not acquire any other residential property before the disposal of the first residential property, if they wish to avail themselves of the refund on ABSD paid on the second property.

The revised ABSD structure will take effect on residential property purchased on or after 12 January 2013. If a buyer of a residential property has been granted Option to Purchase on and before 11 January 2013 and exercises it thereafter on or before 1 February 2013 (without any extension of the option validity period), the buyer can apply to the Inland Revenue Authority of Singapore (IRAS) for remission so that the old ABSD rate will apply.


LOWERING LOAN-TO-VALUE (LTV) RATIO AND UPPING CASH DOWN PAYMENT ON HOUSING LOANS

If a property purchaser has currently had one or more outstanding housing loans and is getting second or subsequent mortgage loans to acquire a residential property, the LTV limits for that purchaser are 60%, or 40% if the loan term stretches beyond 30 years, or extends beyond his official retirement age of 65.

A.    LOWER LOAN-TO-VALUE (LTV) RATIO

:
 
With effect from 12 January 2013, the following LTV limits on housing loan have been implemented:

[A1] LTV LIMITS OF 50% OR 30%

This is for individual borrowers getting a second housing loan and when the loan term (amortisation period) exceeds 30 years or the repayment period stretches beyond the borrower's retirement age of 65.

[A2] LTV LIMITS OF 40% OR 20%

This is for individual borrowers getting a third or subsequent housing loans and when the loan term (amortisation period) exceeds 30 years or the repayment period stretches beyond the borrower's retirement age of 65.

[A3] LTV LIMITS OF 20% FOR NON-INDIVIDUAL BORROWERS

The current LTV limit of 40% for non-individual borrowers has been further capped at 20%.

[A4] LTV LIMITS OF 80% OR 60%

For individual borrowers who have no outstanding housing loans, the LTV limit remains at 80%, or 60% if the loan term exceeds 30 years or the loan period stretches beyond the borrower's retirement age of 65.


B.       MINIMUM CASH DOWN PAYMENT

The minimum cash down payment for individuals applying for a second or subsequent housing loan has been raised from 10% to 25%.

There is no change to the existing minimum cash down payment requirement for individual borrowers having no outstanding housing loans and are applying for a housing loan.

For such borrowers, the cash down payment required is 5%, or 10% if the loan tenure exceeds 30 years or the loan period stretches beyond the borrower's retirement age of 65.

Illustration below is provided by Ministry of National Development (MND).


FIRST HOUSING LOAN
SECOND HOUSING LOAN
FROM THIRD HOUSING LOAN
LTV LIMIT
Existing rules 80%; or 60% if the loan tenure is more than 30 years or extends past age 65


Revised Rules No change
Existing Rules 60%; or 40% if the loan tenure is more than 30 years or extends past age 65

Revised Rules 50%; or 30% if the loan tenure is more than 30 years or
extends past age 65
Existing Rules 60%; or 40% if the loan tenure is more than 30 years or extends past age 65

Revised Rules 40%; or 20% if the loan tenure is more than 30 years or
extends past age 65

MIN. CASH DOWN PAYMENT
Existing Rules
5% (for LTV of 80%)
10% (for LTV of 60%)

Revised Rules
No change

Existing Rules
10%

Revised Rules
25%
Existing Rules
10%

Revised Rules
25%
NON-INDIVIDUAL BORROWERS
Existing LTV Limit
40%

Revised LTV Limit
20%
Source of information: MND

RELIEFS FROM LOWER LTV LIMIT AND HIGHER MINIMUM CASH DOWN PAYMENT

Borrowers who are upgrading to an Executive Condominium (EC) purchased directly from a property developer or to a HDB flat will not be subject to the lower LTV limit and higher minimum cash down payment requirement when he obtains another housing loan. This is because it is compulsory for the individuals to dispose of the existing private homes within six months of taking possession of the EC unit or the public flat.


RESTORING THE ORIGINAL POLICY INTENT OF EXECUTIVE CONDO (EC)

With the latest measures, the government is giving the signal that Executive Condominium (EC) is meant for the ‘sandwiched class’ and not the wealthy. As such, with effect from 12 January 2013, the following measures have been put in place with regards to the ownership of Executive condo (EC):


(a)
No new EC units shall be larger than 160 sq m in floor area

(b)
Only multi-generational families are eligible to own new dual-key units.

(c)
Developers of future EC sale sites from the Government Land Sales programme will only be allowed to launch units for sale 15 months from the date of award of the sites or after the physical completion of foundation works, whichever is earlier.

(d)
Private enclosed spaces (PES) and private roof terraces are now considered part of the ‘bonus’ GFA of a residential development and subject to payment of development charges (which is a form of enhancement tax to be paid by the developers).


SSD IMPOSED ON INDUSTRIAL PROPERTIES

Due to the increasing speculation in industrial properties, the Government has extended the Seller’s Stamp Duty (SSD) to short-term selling of industrial property in order to snub out speculative activities there.

Likewise, the following SSD rates will be imposed on industrial properties and land bought and sold within three years of the date of purchase:

(a)
If the industrial property is held for one year or less from the date of purchase when it is sold, the seller will be liable to pay SSD at 15% of sale price.

(b)
If the industrial property is held for more than one year and up to two years from the date of purchase when it is sold, the seller will be liable to pay SSD at 10% of sale price.

(c)
If the industrial property is held for more than two years and up to three years from the date of purchase when it is sold, the seller will be liable to pay SSD at 5% of sale price.


MORE STRINGENT CONTROLS FOR SPR OWNERS OF PUBLIC FLATS

[1] SPR HOUSEHOLDS NOT ALLOWED TO SUBLET WHOLE HDB FLAT

This is applicable to both aspiring as well as existing SPR households owning an HDB flat.  Subletting of rooms continues to be allowed.

SPR households who have been approved by the HDB to sublet their whole flats prior to 12 January 2013 will be allowed to continue with the subletting arrangement for the remainder of the approved duration.




[2] SPR NOT ALLOWED TO HOLD ON TO THEIR HDB FLAT AFTER PURCHASE OF PRIVATE RESIDENTIAL PROPERTY IN SINGAPORE

From 12 January 2013, SPR households must dispose of their HDB flats within six months of purchasing a private residential property in Singapore. However, the policy measure is not retrospective, meaning it is status quo for SPR households who had earlier been allowed by HDB to own a private residential property in Singapore prior to 12 January 2013. However, any purchase of another private property in Singapore by such SPRs on or after 12 January 2013 will be subjected to the application of the new ruling.


Rule of Disposing of Existing HDB flats

In the event that the SPR flat owners have purchased a completed property, they must sell away their public flats within six months of legal completion of the transaction.

In the event that the SPR flat owners purchase an uncompleted private homes, they must sell away the public flat within six months of the earlier date of receipt of Temporary Occupation Permit (TOP) or Certificate of Statutory Completion (CSC).


TOUGHER RULE FOR BORROWING TO ACQUIRE PUBLIC FLATS

From 12 January 2013, the loan-to-income ratio or mortgage servicing ratio (MSR) for mortgage loans taken for the purchase of BTO or resale HDB flats is reduced from 40% of a borrower’s gross household income to 35%.

The cut-off dates for HDB loans are shown in the tabulation below.

TABLE [B]: CUT-OFF DATES FOR THE REVISED MSR LIMIT AT 35% OF BORROWER’S GROSS MONTHLY HOUSEHOLD INCOME FOR HDB LOANS
TRANSACTION TYPE
CUT-OFF DATES
Purchase of BTO flats from the Board
Application for HDB Loan Eligibility (HLE) letter and sale exercise launch date both from 12 January 2013.

Purchase of resale flats
Application for HLE letter received on or after 12 January 2013.

Taking over ownership of existing flat
Application for HLE letter received on or after 12 January 2013.

Purchase of new DBSS flat
Loan application received by HDB on or after 12 January 2013.
Source of information: MND

Purchasers of HDB flats who are using private bank loans will have a MSR limit of 30%. For re-financing of a HDB flat, the rule shall apply if the application date for the re-financing facility is 12 January 2013 or after.


MINIMUM LEASE PERIOD REQUIREMENT SET BY CPF BOARD FOR PRIVATE HOMES EXTENDED TO HDB LOANS FROM 1 JULY 2013  

Currently, any private residential property purchased with CPF savings must have at least 60 years of remaining lease. But this CPF rule was not applicable to withdrawal of funds for the purchase of public flats.

From 1 July 2013 onwards, the requirement of minimum 60 years of remaining lease will be extended to cover withdrawal of CPF savings to purchase HDB flats.  The detailed explanations are as follows:

§           PURCHASE OF PUBLIC FLATS WITH REMAINING LEASE FROM 30 TO 59 YEARS

The purchasers will be allowed to use their CPF savings, except for buyers for whom the remaining lease cannot cover them to the age of at least 80, e.g. both couple who wish to purchase a flat with remaining lease of 40 years are 35 years old. In this scenario, 40 + 35 is 75 which cannot cover them to the age of at least 80. In this case, the couple is not allowed to their CPF savings in the purchase of this particular public flat.

On the other hand, in terms of loan taken out to finance the purchase, the following rule applies. The loan term (duration of amortisation) will be the shortest of either [1]30 years; [2] 65 years minus average age of buyers (in this scenario is 65 less 35 (the couple’s average age) = 30; or [3]balance lease at the point of purchase minus 20 years (in this scenario is 40 less 20 = 20 years). As such, the couple’s loan term is 20 years and they are not allowed to use their CPF savings. They are also subject to the MSR ratio of 35%.

If the couple in the scenario is older and is allowed to use their CPF savings to finance the purchase, the total CPF usage by the household will be the pro- rated Valuation Limit (VL) (lower of market valuation or purchase price) based on the ratio of the remaining lease when the youngest buyer who can use CPF turns 55 years old, to the lease at point of purchase.

§           PURCHASE OF PUBLIC FLATS WITH REMAINING LEASE FROM 20 TO 29 YEARS

In this purchase, no CPF savings can be used.

Housing loan will be allowed if the remaining lease can cover the buyer up to the age of at least 80 years old. In the above scenario, the same 35 years old couple is not allowed to take the housing loan as their average age of 35 plus the remaining lease period of say 29 is only 64.

To be eligible for housing loan for a flat with 29 years remaining lease period, the average age of the borrowers must be at least 51 year’s old, and subject to the following rule on loan term, which is the shortest of either [1]30 years; [2] 65 years minus average age of buyers (in this scenario is 65 less 35 (the couple’s average age) = 30; or [3]balance lease at the point of purchase minus 20 years (in this scenario is 29 less 20 = 9 years). As such, the couple’s loan term is 20 years and they are not allowed to use their CPF savings. They are also subject to the MSR ratio of 35%.


Purchasers of a public flat with less than 20 years’ remaining lease will not be allowed to utilise any CPF savings nor be granted any housing loan.