HDB Power of Attorney – Important Information and FAQs

1. A Power of Attorney (“POA”) authorises the person appointed as the Donee to act for the Donor only within the powers stated in the document.
2. The form and clauses required will depend on the particular HDB transaction, including whether the matter concerns:
   (a) the purchase of a new flat;
   (b) the purchase or sale of a resale flat;
   (c) execution of legal documents;
   (d) payment of monies or collection of keys;
   (e) financing or mortgage matters;
   (f) management of the flat; or
   (g) renting out the flat or bedrooms.
3. Before the POA is prepared, the client must provide us with all relevant HDB correspondence, appointment letters, application details and instructions. The POA will be prepared using the applicable HDB precedent and requirements for the relevant transaction.
4. Where HDB requires or expects a standard form or particular clauses, those clauses may be wider than the immediate act which the Donee is expected to perform. Their inclusion does not itself amount to HDB approval for any future sale, rental, subletting or other transaction. Any separate approval required from HDB must still be obtained.
5. The client must carefully check the following before signing:
   (a) the names and identification particulars of the Donor and Donee;
   (b) the property address and HDB application details;
   (c) the identity of the person appointed as Donee; and
   (d) the nature of the transaction for which the POA is required.
6. The Donor should appoint only a person whom the Donor fully trusts. Depending on the terms of the POA, the Donee may be authorised to sign documents, make payments, receive monies, collect keys and otherwise act in relation to the flat.
7. A POA does not necessarily remove every requirement for the Donor to act personally. HDB may still require the Donor to personally endorse, sign or confirm particular application forms, declarations or other documents.
8. Where the Donor is overseas, hospitalised, incarcerated or otherwise unable to attend personally, the client must inform us at the outset. Additional execution, witnessing, notarisation, institutional or document-handling requirements may apply.
9. HDB may raise a requisition if the submitted POA does not conform to its applicable requirements or if further clarification or supporting documents are required. If a requisition is raised, we will advise on the appropriate response and whether amendment or re-execution is necessary.
10. Clients should arrange the POA well before the relevant HDB appointment or completion date. The process may involve drafting, execution, witnessing, court deposit or registration, delivery of the endorsed document and HDB’s review.
11. We cannot guarantee that HDB will accept a POA without raising any query or requisition. However, we will take reasonable care to prepare the POA in accordance with the applicable requirements and the information provided to us.
12. The client must immediately inform us of any change in the transaction, HDB’s instructions, the identity of the Donee, the execution arrangements or the intended use of the POA.

Frequently Asked Questions

Can the POA be used for any HDB transaction?

No. The POA may only be used for the powers stated in the document and for the transaction for which it was prepared.

Why are there clauses which appear wider than what I presently require?

Certain clauses may form part of the applicable HDB precedent or required format. Their inclusion does not itself authorise any transaction which remains subject to HDB’s separate approval.

Can clauses be removed because I do not presently require those powers?

Not necessarily. Whether a clause can be removed depends on the applicable HDB requirements and the nature of the transaction. The final form must be determined before execution.

Can HDB require changes after the POA has been signed?

HDB may raise a requisition or require clarification if it considers that the wording, execution or supporting documents do not satisfy its requirements. Depending on the issue, amendment or re-execution may be required.

Will the Donor still need to sign any documents personally?

Possibly. A POA does not necessarily dispense with every requirement for the Donor to personally sign, endorse or confirm documents required by HDB.

Can the POA be signed overseas?

This may be possible, but the applicable execution, witnessing, notarisation and document-handling requirements must be confirmed before signing.

Can the POA be signed electronically?

The client must not electronically sign or alter the POA unless expressly advised that this is acceptable for the particular transaction.

Should I appoint a family member as the Donee?

The Donee may be a family member or another trusted person, but the Donor should appoint only someone whom the Donor fully trusts to exercise the powers responsibly.

What documents should I provide?

Please provide:
(a) the Donor’s identification document;
(b) the Donee’s identification document;
(c) the property address and HDB reference details;
(d) all HDB correspondence and appointment letters;
(e) details of the intended transaction; and
(f) details of where and how the Donor will sign.

How early should I arrange the POA?

The POA should be arranged as early as possible, particularly where the Donor is overseas, hospitalised or incarcerated, or where notarisation, registration or court deposit may be required.