Singapore’s robust economy, political stability, and high living standards make it an attractive destination for foreign property investment. However, navigating the property market as a foreigner requires understanding specific regulations and processes. This comprehensive guide will walk you through everything you need to know about purchasing a house in Singapore.

Understanding Legal Requirements

Eligibility and Property Types

As a foreigner, you can freely purchase private apartments and condominiums in Singapore. However, buying landed properties requires approval from the Land Dealings Approval Unit (LDAU) of the Singapore Land Authority (SLA) under the Residential Property Act. This approval is typically granted to permanent residents who can demonstrate significant economic contribution to Singapore.

Restricted vs. Unrestricted Properties

  • Unrestricted Properties:
    • Private condominiums
    • Executive condominiums (privatised after 10 years)
    • Most commercial buildings 
  • Restricted Properties:
    • Landed properties
    • HDB flats
    • Shophouses for mixed or residential use 

Financial Considerations

Buyer’s Stamp Duty (BSD)

In Singapore, all property buyers, regardless of citizenship, must pay the Buyer’s Stamp Duty (BSD), which is based on the higher of the property’s purchase price or market value. BSD rates are tiered as follows: 

  • 1% for the first S$180,000
  • 2% for the next S$180,000
  • 3% for the next S$640,000
  • 4% for the next S$500,000
  • 5% for the next S$1.5 million
  • 6% for any amount exceeding S$3 million

Additional Buyer’s Stamp Duty (ABSD)

Foreign buyers must pay an ABSD of 60% on their residential property purchases in Singapore. This is in addition to the standard Buyer’s Stamp Duty (BSD).

Other Costs to Consider

  • Legal fees 
  • Property tax (up to 32% of Annual Value annually)
  • Agent’s commission
  • Maintenance fees and insurance

Step-by-Step Buying Process

1. Property Search

It is recommended to work with a licensed real estate agent who understands the local market and regulations. They can offer helpful guidance and support throughout the process. For more details on hiring a property agent and their role in property transactions, visit the Council for Estate Agencies (CEA) website here: https://www.cea.gov.sg/#.

With the assistance of a licensed real estate agent, create a shortlist of suitable properties and arrange visits for inspections.

2. Negotiating the Purchase Price

Submit an initial offer to the seller, often with the help of a real estate agent who may prepare an offer to purchase. Engage in negotiations until both parties agree on the price and terms. Ensure the agreed terms are accurately reflected in the draft Option to Purchase (OTP).

3. Reviewing the Draft Option to Purchase (OTP)  

Conduct due diligence on the property and seller, and review the OTP’s terms, consulting a conveyancing lawyer if necessary. The OTP usually includes a stakeholding clause where the seller’s lawyer holds the balance deposit in a Conveyancing account. The option period is typically two weeks, while the completion period is usually 8 – 10 weeks, both of which can be negotiated.

4. Obtaining Option to Purchase in Exchange for Option Fee

Pay an Option Fee which is typically 1% of the purchase price, to receive the Option to Purchase. The Option to Purchase is usually valid for 14 days but can be extended if agreed upon. You are not required to sign the Option to Purchase at this stage but should retain the original copy.

5. Conducting Legal Requisitions and Searches

Your lawyer will check the property’s legal status to ensure there are no issues, like unpaid debts tied to it. They will also confirm that the seller is not bankrupt or closing down a business, ask government agencies for important information about the property, and review plans for nearby roads to ensure there are no unwanted surprises.

6. Exercising the OTP Before It Expires

To exercise the OTP, sign the document at your client’s office and pay the remaining deposit, usually 4% of the purchase price. Your lawyer will guide you on the necessary payments, such as stamp duties. Once the OTP is exercised, your lawyer will file a caveat with the Singapore Land Authority to safeguard your rights as the buyer.

7. Securing financing (if applicable)

Foreign buyers can obtain loans from Singapore banks, typically up to 75% of the property’s value. Prepare these documents:

  • Proof of income and employment
  • Bank statements
  • Passport and identification
  • Credit report from your home country

Obtain loan approval and review the terms carefully.

8. Preparation for Completion

Your lawyer and the seller’s lawyer will work together to prepare the necessary documents and you will be required to sign these documents. Your lawyer will also assist you in the payment of the remaining balance. 

9. Completion of Purchase

If allowed under the OTP, carry out a final inspection of the property before completion. Your lawyer and the seller’s lawyer will finalize the process, typically at the seller’s lawyer’s office. This includes paying the remaining purchase price and transferring ownership of the property.

Common Pitfalls to Avoid

  • Not factoring in all additional costs and taxes

Beyond the property’s purchase price, foreign buyers are subject to various taxes, including the Additional Buyer’s Stamp Duty (ABSD), which is currently 60% for foreigners. Additionally, legal fees, agent commissions, and other miscellaneous expenses can accumulate. Overlooking these costs can lead to financial strain.

  • Skipping due diligence on property title and restrictions

It is essential to verify the property’s legal status to ensure there are no encumbrances, such as outstanding mortgages or legal disputes. Engaging a qualified property agent and conducting thorough checks can help identify any potential issues

  • Failing to understand loan restrictions for foreigners

Foreign buyers may face stricter loan-to-value (LTV) ratios and other financing limitations. It is important to consult with financial institutions to understand the specific loan terms and conditions applicable to foreigners.

  • Not considering future resale potential

Some properties, especially those in prime central locations like Sentosa or Orchard, may have limited resale potential due to high prices and a smaller pool of potential buyers. It is advisable to research the property’s location, demand, and future development plans to assess its resale value.

Recent Market Trends and Outlook

Singapore’s property market has shown resilience despite global economic challenges. Private residential prices continue to rise, driven by limited supply and strong demand from both local and foreign buyers.

Conclusion

While buying a house in Singapore as a foreigner involves significant financial commitment and regulatory compliance, proper planning and professional guidance can make the process manageable. Consider engaging qualified professionals, including property agents, lawyers, and financial advisors, to ensure a smooth transaction.

Important Note: This guide provides general information as of 2024. As regulations and market conditions may change, it is recommended that you consult legal and financial professionals before making property investment decisions in Singapore.

Harley Miller Law Firm “HMLF”

Head office: 14th floor, HM Town Building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.

Phone number: +84 937215585

Website: hmlf.vn 

Email: miller@hmlf.vn

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