SingaporeThe developer delayed delivery of my condo. What remedies?
If your condo delivery is delayed, you may claim liquidated damages from the developer under the Sale and Purchase Agreement — the Housing and Development Act does not apply to private condos.
What the Law Says
The Housing and Development Act (HDA) applies only to HDB flats — not private condominiums. Private condo sales are governed by the Sale and Purchase (S&P) Agreement and common law contract principles. No statutory remedy for delay exists under the HDA for private developments.
Private condominium buyers in Singapore do not have statutory rights under the Housing and Development Act for delayed delivery — because the HDA applies exclusively to public housing managed by HDB.
Instead, your rights depend entirely on the terms of your Sale and Purchase Agreement with the developer. Most S&P Agreements include a Liquidated Damages (LD) clause that entitles you to compensation for each day of delay beyond the agreed completion date.
The LD rate is typically set at 8–9% per annum of the purchase price, calculated daily from the due date until actual delivery. Some agreements also allow termination if delay exceeds a specified period — often 12 months — but this depends on contractual wording.
Statutory TextThis Act shall not apply to any building or land which is not intended for residential purposes or which is not vested in the Board under section 5 or acquired by the Board under Part IV.
— Housing and Development Act, s. 49 — Application of Act
What to Do
Review your Sale and Purchase Agreement for the Completion Date and Liquidated Damages clause.
Check whether a grace period (e.g., 30 days) applies before LD starts accruing.
Send a written notice to the developer demanding LD payments for each day of delay.
If delay exceeds the contractual termination threshold (e.g., 12 months), consider serving a notice to rescind the agreement.
Engage a lawyer to assess enforceability and assist with negotiation or legal action if needed.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.