In principle, no promoter is allowed to change the terms and conditions in the prescribed sales and sale contract, unless such a waiver is previously authorized by the housing controller. Calendar G and Calendar H are mandatory for the sale and sale contract of Sell-then-build real estate. The difference lies in the type of accommodation for which it is used. Calendar G is mandatory for the sale and purchase of an apartment with the subdivision of the land, for example terraced houses, semi-detached houses, bungalow, etc. The corresponding approved plans of the property, z.B. Plan, floor plan, town planning plan, etc., must be attached to the sales contract Can we use the doctrine of separation6 instead? The answer is no. The doctrine refers to a provision in a contract that, where certain parts of the contract are found to be illegal or otherwise unenforceable, the rest of the contract should continue to apply. Schedules H and G do not include such a clause in the agreement. Moreover, the most important commitment in the agreement that is concerned is the delivery of the free ownership of the property, and such a clause cannot be considered unenforceable.
Forms of sale and purchase are prescribed in the schedules of the 1989 Control and Licensing Regulations. If you purchase land (i.e. bungalows or semi-detached houses) under construction by a developer, the developer must adopt the model agreement in accordance with Schedule G of the Control -Licensing Regulations 1989. In addition, there is nothing in the agreement that says that the event`s frozen time. As things stand, the MCO would have terminated all construction sites and not all development offices are able to operate at this stage. The proponent may not undertake the defective liability work until after the MCO has been removed. It is likely that the developer will also be able to negotiate with the buyer who sent the liability message to the developer by e-mail for the period during which he will be able to fulfill his commitment after the MCO has been lifted. Both the purchaser and the promoter may enter into a transaction agreement after the cancellation of the MCO, since the courts have recognized that transaction agreements can be entered into even if the purchase transaction falls under HDA.11 The question of whether such transaction agreements will be recognized after the case is still under discussion.
It is trite that once an agreement is reached, the parties are bound to the four corners of the agreement.1 As a result, the parties are bound by the conditions set out in the HDA 1966 lists H and G. In such a situation, it is preferable for the developer and the Ministry of Housing and Local Government (“) to take into account the fact that the time spent under the agreement is now frozen until the MCO is repealed.