Legal Requirements for Singapore Rental Property Owners: Understanding the Checklist For Lease Of Residential Properties and Customer's Particulars Form

Are you involved in a property for rent transaction in Singapore? Then it’s essential to understand the legal requirements, especially regarding paperwork. Two key forms, the "Women's Charter" checklist and the "Customer's Particulars Form," are mandatory for all rental transactions handled by agents. The "Women's Charter" checklist requires agents to verify the identity and immigration status of tenants. The Customer's Particulars Form ensures compliance with anti-money laundering and counter-terrorism financing laws. This post explains the importance of these forms and how to complete them correctly.

Why Property Owners Must Complete the "Checklist For Lease Of Residential Properties" and "Customer's Particulars Form"

Navigating property transactions can involve a lot of paperwork, but two forms stand out due to their legal importance: the checklist for compliance with the Women's Charter 1961 and the Immigration Act 1959, and the Customer's Particulars Form. These forms are not just bureaucratic hurdles; they are mandatory requirements designed to ensure compliance with the law and prevent illicit activities.

The "Women's Charter" Checklist: Ensuring Legal Compliance in Residential Leases

Real estate salespersons (RESs) who facilitate residential rental transactions must perform due diligence checks on tenants and occupiers, as mandated by the Women’s Charter 1961 and the Immigration Act 1959. This isn't just good practice; it's a legal requirement.

Whether the agent is representing the landlord or the tenant, they must complete a checklist and keep a record of the checks conducted. These records must then be submitted to the estate agent (EA), who is required to keep them for at least 5 years.

Collection of NRIC, FIN or Work Permit

Real estate salespersons (RES) and their estate agents (EA) can request and collect NRIC, FIN, or Work Permit numbers of their clients to facilitate rental transactions. They are permitted to take photos and make photocopies of these documents when necessary. Additionally, landlords are also permitted to collect this information and should ensure that the checks have been carried out on the tenant

What Agents Check:

For Singapore Citizens and Singapore Permanent Residents, the checks include:

• Verifying the original NRIC for forgery and making copies.

• Confirming the identity of the individual by comparing the photograph on the NRIC to the actual person.

• Verifying the validity of the NRIC with ICA’s database and keeping copies of the verification.

For foreign tenants and occupiers, the checks involve:

• Verifying the original immigration pass, work pass, student pass, or other passes and making copies.

• Cross-checking the particulars in the passes with the original passport(s) and checking the photograph(s) against the actual person.

• Verifying the validity of the passes with the MOM’s/ICA’s database or via FileSG (for digital LTPs), and keeping copies of the verification.

Important : Long-Term Pass (LTP) cards include Long-Term Visit Passes, Student’s Passes issued by the Immigration and Checkpoint Authority (ICA), and Dependent’s Passes granted by the Ministry of Social and Family Development. Agents must check both physical and digital LTPs. Digital LTPs have been issued by ICA from February 27, 2023 and must be checked via FileSG.

These checks are essential to ensure that all occupants are legally residing in the property. Additionally, the landlord must acknowledge that these checks have been carried out.

The Customer’s Particulars Form: Preventing Money Laundering and Terrorism Financing

The Customer’s Particulars Form is another crucial document required by law when you're buying, selling, or renting a property through a property agent. This form is part of the measures that property agents must take to prevent money laundering and counter-terrorism financing in Singapore. All agents must have their clients complete and sign this form so that they can verify their identities and record essential particulars.

Information Required:

Individuals need to provide information such as:

• Full name

• NRIC number, passport number, or other forms of identification

• Date of birth

• Nationality

• Occupation

For entities, such as corporations or societies, information such as name, country of registration, registration number, and registration date are required. Additionally, you will be asked to declare if you are the true owner of the property. If not, you must identify the beneficial owner, which is the person or entity with ultimate interest in the property transaction. The agent must take measures to understand the ownership structure and identify the individual controlling a company that is a beneficial owner.

This form is a vital component of the property agent's customer due diligence checklist and must be submitted to their property agencies for all handled property transactions. If you are dealing with a property transaction on your own, you will not need to fill out this form, but if you engage a property agent, it's essential to treat this form as a part of the due diligence process and complete it responsibly.

Conclusion

Both the "Women's Charter" checklist and the "Customer's Particulars Form" are not just pieces of paper; they are legal necessities that help maintain the integrity of property transactions. By complying with these requirements, property owners are playing their part in ensuring a safe and legally sound property market.

Also read : A Step-by-Step Guide to Renting a Private Property in Singapore: From Offer to Move-In

Related Links :

• Do Your Part in Property Transactions! Complete the Customer’s Particulars Form

• Checklist For Lease Of Residential Property For Compliance With The Immigration Act And Women’s Charter
  

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