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Hi, I am in the middle of a purchase of an 5 room flat and going to collect key in a month time.A few days ago, the owner informed us that they have received a msg from hdb that the kitchen is illegally build and it has to be reinstate to its original place and they would like to discuss with us. However, after looking at the layout of the house, we realised that it was not just a plug and play scenario, it will eventually affect other areas as well. We bought this house with 60k CoV. On the other hand, the toilet showering area was being shifted before as well, but the sellers agent said since it wasn’t being brought up then we don’t mention. We would like to seek for some advise how should be go about this and if we decided not to proceed with the purchase will we get compensated. Thanks!
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5 Answers

Hi, so sorry you are in such a unfortunate situation. If you didn't ask, it may be true that he does not need to inform, however the reinstating will have to do be done by them.

The Seller must at his own cost before the Completion Date -
(a) take down and remove all fixtures, fittings, structures or works done within the Flat not approved by
the HDB;
(b) repair and make good any resulting defects in the Flat; and
(c) remove and dispose of all resulting surplus or waste materials from the Flat

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You may want to consult with HDB to determine the most suitable approach based on your specific circumstances and goals.
To contact HDB (Housing Development Board) in Singapore, you can reach them through the following channels:
HDB Hotline: You can call the HDB Hotline at 1800-225-5432 for general enquiries and assistance. This hotline operates from Monday to Friday, 8:00 AM to 5:00 PM, and Saturday, 8:00 AM to 1:00 PM.
Online Enquiry Form: Visit the official HDB website and fill out the online enquiry form to submit your queries or feedback. You can expect a response via email.
Visit HDB Branch Offices: If you prefer face-to-face assistance, you can visit one of the HDB branch offices located across Singapore. Check the official HDB website for the nearest branch office and its operating hours.

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Good day to you,

It appears there is a compelling reason for your willingness to pay a $60,000 Cash Over Valuation (COV) for the unit. However, please be advised that the sellers are obligated to reinstate the kitchen and toilet to meet the Housing & Development Board (HDB) requirements, as the current condition of the unit does not comply with these standards.

It is important to note that reinstating the unit to its authorized condition is a mandatory requirement. Therefore, seeking compensation from the sellers for this reinstatement may prove to be challenging. Additionally, the sellers retain the right to enforce specific performance to ensure the completion of the transaction.

However, according to HDB regulations, if all parties involved in the Option to Purchase (OTP) mutually agree to terminate the transaction without any compensation, HDB will facilitate this process.

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This is not a straightforward scenario, have you been given an option to undertake the unapproved works in order to complete the transaction? It is best to speak to a lawyer who is familiar with such matters to assess what your options are.

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