Disclaimer (Block 1): This article is for educational purposes only and is intended to assist CEA-registered property agents in understanding regulatory frameworks. It does not constitute financial, tax, or legal advice. LEVR's calculations are indicative only. Always verify rates and eligibility with your bank, HDB, CPF Board, or a licensed financial advisor before advising clients.
What Is a Deed of Mutual Covenant?
A Deed of Mutual Covenant (DMC) is a legally binding contract entered into by the developer and all subsidiary proprietors (unit owners) of a strata development at the time of purchase. It supplements the Land Titles (Strata) Act and the by-laws made under it, setting out development-specific rules that apply to every owner and occupier of the development.
The DMC is not a public registry document — it is a private contract between the parties — but it is enforceable against all current and future owners who acquire units in the development, as it binds each purchaser upon acquisition.
Key areas typically covered by a DMC include:
- Use of common property: BBQ pits, swimming pools, gyms, function rooms — booking procedures, hours of use, guest policies, and deposit requirements.
- Pet policies: Whether pets are permitted, species or size restrictions, and leashing requirements in common areas. Pet policies in the DMC may be more restrictive than the general HDB or AVS guidelines that apply nationally.
- Renovation and works restrictions: Permitted hours for renovation, requirements for prior MCST approval for structural works, and restrictions on alterations to the external facade.
- Move-in and move-out procedures: Notice periods, use of designated lifts, and booking requirements for furniture deliveries.
- Noise and nuisance provisions: Quiet hours, noise complaint procedures, and the MCST’s power to issue notices for repeated breaches.
- Parking allocation and visitor parking: How allocated lots are assigned, visitor parking entitlement, and restrictions on commercial vehicle parking.
- Subletting and short-term rental: Some DMCs impose notice obligations or restrictions on subletting beyond the Urban Redevelopment Authority (URA) minimum tenancy period requirements.
Why Agents Must Highlight the DMC to Buyers
Under the CEA Code of Ethics, agents have an obligation to exercise professional knowledge and due diligence in advising clients. While agents are not required to review the entire DMC on behalf of buyers, they must:
- Inform buyers that a DMC exists and that it contains binding obligations that supplement statutory by-laws.
- Highlight known DMC provisions that are material to the buyer’s intended use — particularly pet restrictions, subletting rules, and renovation limitations if the buyer has specific plans.
- Advise buyers to request and read the DMC before exercising the Option to Purchase (OTP). For resale units, the seller’s solicitor typically provides the DMC. For new launches, the developer provides it as part of the sale documentation.
- Refer buyers to the MCST or building management if they have specific questions about DMC enforcement or recent rule changes, as some developments periodically update their by-laws at MCST Annual General Meetings (AGMs).
How to Obtain a Copy of the DMC
Agents can obtain or direct their clients to obtain the DMC through the following channels:
- For new launch purchases: The developer provides the DMC as part of the Sale and Purchase Agreement (SPA) package. It is typically available at the showflat or from the developer’s solicitors.
- For resale purchases: The seller’s solicitors will provide the DMC as part of the requisitions and disclosure documents during the conveyancing process. Buyers who want to review the DMC before exercising the OTP should request it from the building management office directly.
- Direct from the MCST or building management: Most developments will provide a copy of the DMC to prospective buyers upon request. Some developments make a summary of key DMC provisions available at the management office.
- Singapore Land Authority (SLA): The DMC may be lodged with the SLA as an instrument affecting land. A copy can be retrieved from the SLA for a fee.
DMC vs MCST By-Laws vs Statutory By-Laws
Buyers and agents sometimes confuse the DMC with the MCST by-laws and the statutory by-laws prescribed under the Building Maintenance and Strata Management Act (BMSMA). The hierarchy is:
- Statutory by-laws (Second Schedule, BMSMA): Apply to all strata developments in Singapore. These cover fundamental rules such as the prohibition on unauthorised alterations to common property, the obligation not to create a nuisance, and the right of access to units for maintenance purposes.
- MCST by-laws: The MCST can pass additional by-laws at a general meeting to supplement the statutory ones. These are development-specific but must not contradict the BMSMA.
- The DMC: A private contract signed at the point of purchase, which may contain obligations not covered by the BMSMA or MCST by-laws. The DMC is generally harder to amend than MCST by-laws because it is a contractual instrument rather than a resolution passed at a general meeting.
In practice, developments may update their MCST by-laws at AGMs (e.g., to tighten pet rules or introduce a new booking system) — but the DMC itself can only be amended by agreement among the parties, which in large developments is practically very difficult. Agents should be aware that the effective rules for any development are a combination of all three layers.
Frequently Asked Questions
Q: Is a buyer bound by the DMC even if they did not sign it personally?
A: Yes. The DMC binds all current and future owners of units in the development by virtue of the purchase. When a buyer acquires a unit, they take subject to the DMC as a condition of title. This is why buyers must review the DMC before exercising the OTP — not after legal completion.
Q: What happens if the DMC and MCST by-laws conflict?
A: The DMC and MCST by-laws serve different legal functions. The DMC is a private contractual instrument; the MCST by-laws are quasi-legislative rules passed at general meetings under the BMSMA. Where they overlap, the more restrictive rule typically applies in practice. Genuine conflicts require legal interpretation and are uncommon. If a buyer identifies a potential conflict, they should raise it with their conveyancing solicitor.
Q: Can the MCST enforce the DMC against a tenant who is not a subsidiary proprietor?
A: The DMC creates obligations on subsidiary proprietors, not directly on tenants. However, the subsidiary proprietor (owner) is obliged to ensure that occupiers — including tenants — comply with the DMC and MCST by-laws. The owner can be held responsible by the MCST for a tenant's breach. Agents managing landlord-tenant transactions should advise landlords to include DMC and by-law compliance obligations in the tenancy agreement.
Q: A buyer wants to run a home-based business from the condo unit. Does the DMC affect this?
A: URA rules govern home-based businesses in private residential properties — employees cannot visit the unit, and the business must not generate noise, traffic, or adverse impact on neighbours. The DMC may impose additional restrictions on signage, client visits, or storage. Some developments' DMCs are silent on home-based businesses; others explicitly restrict commercial activities. The buyer should review the DMC and confirm compliance with URA requirements before operating a home-based business.
Disclaimer (Block 3): LEVR's calculator outputs are estimates based on inputs provided and current regulatory parameters as known at time of publication. They are not a guarantee of borrowing capacity, stamp duty liability, or CPF eligibility. Regulatory thresholds and rates may change. Always verify with IRAS, your bank, or a licensed financial advisor before making financial decisions.