On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 01/03/2012.
PART VIII
ISSUE OF SUBSIDIARY CERTIFICATES OF TITLE FOR FLATS UNDER OTHER SCHEMES AND ISSUE OF SUBSIDIARY STRATA CERTIFICATES OF TITLE
122.
—(1) A registered lessee may by an application in the approved form apply to the Registrar for the issue of a subsidiary certificate of title in respect of the registered leasehold estate to his flat.
[16/87; S 143/89; 42/2005]
(2) The registered lessee shall at the time of making his application surrender his duplicate lease to the Registrar.
(3) Upon the issue of a subsidiary certificate of title, the Registrar shall enter a memorial in the volume and folio of the land-register of the registered land on or over which the flat is erected to the effect that a subsidiary certificate of title has been issued to the registered lessee for his registered leasehold estate.
[16/87; S 143/89]
(4) The subsidiary certificate of title shall be in the approved form and upon its issue any assurance or other dealing affecting the leasehold estate comprised therein shall be subject to the Land Titles Act (Cap. 157).
[16/87; S 143/89; 42/2005]
123.
—(1) The restriction imposed by section 6(1) on an assurance disposing of any part of a subdivided building shall not apply to any assurance disposing of any interest in any flat in a subdivided building erected on registered land where the interest in the flat is held under a lease from the Housing and Development Board constituted under the Housing and Development Act (Cap. 129).
[16/87]
(2) Where a strata title application for a parcel is lodged by the Housing and Development Board with and duly registered by the Registrar, the provisions of this Act relating to a strata title plan and a subsidiary proprietor and section 10A and Part V and this Part and the Building Maintenance and Strata Management Act (Cap. 30C) shall apply to each and every subdivided building comprised in the registered strata title plan for that parcel.
[37/2004; 47/2004]
124.
—(1) The restriction imposed by section 6(1) on an assurance disposing of any part of a subdivided building shall not apply to any assurance disposing of any interest in any flat in any subdivided building erected on registered land where the interest in the flat is held under a lease from the Jurong Town Corporation constituted under the Jurong Town Corporation Act (Cap. 150).
[16/87]
(2) Where a strata title application for a parcel is lodged by the Jurong Town Corporation with and duly registered by the Registrar, the provisions of this Act relating to a strata title plan and a subsidiary proprietor and section 10A and Part V and this Part and the Building Maintenance and Strata Management Act (Cap. 30C) shall apply to each and every subdivided building comprised in the registered strata title plan for that parcel.
[37/2004; 47/2004]
Subsidiary strata certificates of title for flats with registered leases under Registration of Deeds Act
125.
—(1) Where there are 3 or more flats in a building and subsisting leases for those flats have been registered under the Registration of Deeds Act (Cap. 269), the proprietor of the land together with the proprietors of those flats who altogether own not less than 25% of the total number of flats in the building may lodge with the Registrar a strata title application in the approved form —
(a)
to have the land brought under the Land Titles Act (Cap. 157); and
(b)
for the issue of subsidiary strata certificates of title for all those flats.
[16/87; 37/2004]
(2) A strata title application submitted to the Registrar under subsection (1) —
(a)
shall be accompanied by a transfer of the proprietor’s estate and interest in the land to the proprietors of all the flats in that building as tenants-in-common in the shares according to the ratio of one share to each flat, except that where the flats are of different sizes, the share in the land allotted to the proprietor of each flat shall have the value determined by the Registrar based on the methods used by the Commissioner for the allocation of share values under the Building Maintenance and Strata Management Act; and
(b)
shall not be registered unless the strata title plan has been lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act (Cap. 25).
[37/2004; 47/2004]
(3) The Registrar may, upon acceptance of the application, dispense with the production of the leases of the flats.
(4) Before issuing subsidiary strata certificates of title in favour of the proprietors of the flats as shown in the records of the Registry of Deeds, the Registrar shall —
(a)
require a notice in the form approved by him to be inserted once in one or more daily newspapers to the effect that the Registrar will issue the subsidiary strata certificates of title under this section to the proprietors of the flats as shown in the records maintained at the Registry of Deeds after the expiration of 6 weeks from the date of publication of the notice if no valid objection is received by the Land Titles Registry; and
(b)
send by registered post a copy of the notice referred to in paragraph (a) to the proprietors of all the flats at the addresses shown in the transfer referred to in subsection (2).
(5) Notwithstanding subsections (1) to (4), the Registrar may, in order to relieve any case of extreme hardship, in his discretion, issue any subsidiary strata certificate of title in favour of a purchaser of a flat whose assignment of the leasehold estate of the flat has been duly stamped and lodged with the Registrar of Deeds, notwithstanding that the name of the purchaser was not shown in the transfer lodged under subsection (2).
(6) Where the proprietors of the flats who altogether own not less than 25% of the total number of the flats as shown in the records of the Registry of Deeds as at the date of transfer mentioned in subsection (2) have agreed in writing to accept the transfer of the estate and interest of the proprietor of the land, all the proprietors of the flats within the same development and all the respective successors in title or assigns shall be deemed to have accepted the transfer of the proprietor’s estate and interest in the land and to have given consent to the application for the issue of the subsidiary strata certificates of title by the Registrar and the acceptance of the transfer of the proprietor’s estate and interest in the land.
(7) The proprietor of the land shall deposit with the Registrar the title deeds in his possession relating to the land and the Registrar may, after inspection of the title deeds, create a folio of the land- register by issuing a certificate of title for the land on which the flats are erected.
(8) Where the Registrar is satisfied with the evidence of title and that all the necessary documents are in order, the Registrar may issue subsidiary strata certificates of title for the flats after the publication of the notice referred to in subsection (4).
(9) The Registrar may, under subsections (7) and (8), issue the certificate of title and the subsidiary strata certificates of title qualified as to their title or their boundaries and dimensions, and sections 25 and 165 of the Land Titles Act (Cap. 157) shall apply, with the necessary modifications, to such certificate of title and subsidiary strata certificates of title.
(10) Upon the registration of the strata title application, the management corporation of the parcel of land shall reimburse the person or persons who incurred any expenditure for the purpose of —
(a)
bringing the land under the Land Titles Act;
(b)
applying for the issue of subsidiary strata certificates of title for all those flats comprised in a building or buildings erected on the parcel;
(c)
lodging the transfer under subsection (2);
(d)
the preparation of the strata title plan for the parcel;
(e)
the publication of the notices referred to in subsection (4)(a); and
(f)
issuing notices to the proprietors of the flats under subsection (4)(b).
[46/2007]
(11) It shall be the duty of the management corporation to determine the amount of contributions payable by the subsidiary proprietors of the lots in the subdivided building concerned to its management fund to meet the expenditure referred to in subsection (10) and any contributions so levied by the management corporation shall be deemed to be contributions levied under section 39 of the Building Maintenance and Strata Management Act (Cap. 30C).
[47/2004]
(12) For the purposes of this section, where the registered proprietor of the land on which the building is erected has granted leases for some but not all of the flats in the building, he shall be deemed a proprietor of the flats which are still owned by him.
[16/87]
Subsidiary strata certificates of title for flats where proprietors own leasehold estate of at least 999 years or other estate
125A.
—(1) Where the subsisting leases of the flats registered under the Registration of Deeds Act (Cap. 269) or the Land Titles Act are for a leasehold estate of 999 years or more or for such other estate as the Minister may, by notification in the Gazette, specify and where the proprietors of those flats who altogether own not less than 25% of the total number of flats in the development have agreed to have the land brought under the Land Titles Act (Cap. 157) and for the issue of subsidiary strata certificates of title for all the flats, the proprietor of the land shall be deemed to have agreed to the transfer of the land without consideration to the proprietors of the flats in the shares as specified in section 125(2)(a) or 126(1) or (2), as the case may be.
[21/99]
(2) The proprietors of the flats referred to in subsection (1) shall serve a notice on the proprietor of the land and the subsisting mortgagees, chargees or other persons with an estate or interest in land who appear as such in the records of the Land Titles Registry or the Registry of Deeds, as the case may be, at least one month before the date of the strata title application is filed with the Registrar, informing them of the transfer under subsection (1).
[21/99; 37/2004]
(3) Section 125 or 126, as the case may be, shall, except the provisions relating to the transfer of the land by the registered proprietors, continue to apply to the proprietors of the flats referred to in subsection (1).
[21/99]
(4) Upon registration of the strata title application for the development and the issue of subsidiary strata certificates of title for the flats in the development, the estate and interest of the registered proprietor in the land shall vest in the subsidiary proprietors.
[21/99; 37/2004]
Issue of subsidiary strata certificates of title for flats with subsisting leases registered under Land Titles Act
126.
—(1) Where there are subsisting leases of flats registered under the Land Titles Act, the registered proprietors of the flats who altogether own not less than 25% of the total number of flats comprised in the development together with the registered proprietor of the land on which the said development is erected may lodge with the Registrar a transfer of the estate and interest of the registered proprietor of the land to all the registered proprietors of the flats as tenants-in-common in the shares according to the ratio of one share to each flat together with a strata title application in the approved form.
[16/87; 37/2004; 42/2005]
(2) Where the flats in the development are of different sizes, the shares in the land to be allotted to the registered proprietor of each flat shall have the values determined by the Registrar based on the methods used by the Commissioner for the allocation of share values under the Building Maintenance and Strata Management Act (Cap. 30).
[37/2004; 47/2004; 42/2005]
(3) A strata title application submitted under subsection (1) shall not be registered unless the strata title plan has been lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act (Cap. 25).
[37/2004]
(4) The Registrar may, upon being satisfied that the transfer and the strata title application are in order —
(a)
register all the registered proprietors of the flats as the proprietors of the registered land as tenants-in-common;
(b)
issue the subsidiary strata certificates of title according to the strata title application; and
(c)
dispense with the production of the duplicate leases of the flats.
[37/2004]
(5) Where the registered proprietors of the flats who altogether own not less than 25% of the total number of flats comprised in the development have agreed in writing to accept the transfer of all the estate and interest of the registered proprietor in the land on which the development is erected, all the remaining registered proprietors of the flats in the same development shall be deemed to have accepted the transfer and deemed to have applied for the issue of subsidiary strata certificates of title for the flats.
[42/2005]
(6) Before issuing subsidiary strata certificates of title in favour of the registered proprietors of the flats as shown in the records of the Land Titles Registry, the Registrar shall —
(a)
require a notice in the form approved by him to be inserted once in one or more daily newspapers to the effect that the Registrar will issue the subsidiary strata certificates of title under this section to the registered proprietors of the flats as shown in the records maintained at the Land Titles Registry after the expiration of 6 weeks from the date of publication of the notice if no valid objection is received by the Registrar; and
(b)
send by registered post a copy of the notice referred to in paragraph (a) to the registered proprietors of all the flats at the addresses shown in the records of the Land Titles Registry or in the transfer lodged under subsection (1) where the addresses differ from that shown in the records of the Land Titles Registry.
(7) Notwithstanding subsections (1), (2) and (3), the Registrar may, in order to relieve any case of extreme hardship, in his discretion, issue any subsidiary strata certificate of title in favour of a purchaser of a flat whose transfer of the leasehold estate of the flats has been duly stamped and lodged with him, notwithstanding that the name of the purchaser was not shown in the transfer lodged under subsection (1).
(8) The Registrar may, under subsection (4), issue the subsidiary strata certificates of title qualified as to their title or their boundaries and dimensions, and sections 25 and 165 of the Land Titles Act (Cap. 157) shall apply, with the necessary modifications, to such subsidiary strata certificates of title.
(9) Upon the registration of the strata title application, the management corporation of the parcel of land shall reimburse the person or persons who incurred any expenditure for the purpose of —
(a)
applying for the issue of subsidiary strata certificates of title for all those flats comprised in the development erected on the parcel;
(b)
lodging the transfer under subsection (1);
(c)
the preparation of the strata title plan for the parcel;
(d)
the publication of the notices referred to in subsection (6)(a); and
(e)
issuing notices to the proprietors of the flats under subsection (6)(b).
[42/2005; 46/2007]
(10) It shall be the duty of the management corporation to determine the amount of contributions payable by the subsidiary proprietors of the lots in the subdivided building concerned to its management fund to meet the expenditure referred to in subsection (9) and any contributions so levied by the management corporation shall be deemed to be contributions levied under section 39 of the Building Maintenance and Strata Management Act (Cap. 30C).
[47/2004]
(11) For the purposes of this section, where the registered proprietor of the land on which the development is erected has granted leases for some of but not all the flats in the development, he shall be deemed the registered proprietor of the flats which are still owned by him.
[16/87; 42/2005]
Application of section 126 to land vested in Housing and Development Board and HUDC dwellings
126A.
—(1) In the application of section 126 to any designated land which is vested in the Housing and Development Board —
(a)
any reference therein to the registered proprietor of the land shall be read as a reference to the Board;
(b)
any reference therein to the registered proprietors of flats shall be read as a reference to the owners of flats;
(c)
any reference therein to 25% of the total number of flats comprised in a development erected on a parcel of land shall be read as a reference to 75% of the total number of flats comprised in the building or buildings within a housing estate built on a parcel or parcels of land vested in the Board; and
(d)
any lease of such land issued by the Board under section 45(1) of the HUDC Housing Estates Act (Cap. 131) shall be deemed to have been surrendered by all the lessees to the Board on the day immediately before the date an instrument of transfer of such land is lodged under section 126(1).
[27/95; 46/2007]
(2) In addition to its duties specified in section 126(9) and (10), the management corporation for any estate or interest in land transferred by the Board under an application under section 126(1) shall pay to the Board —
(a)
the cost of any estate or interest in land which was the subject of such transfer; and
(b)
the cost of any work carried out by the Board in accordance with the directions of any other public authority prior to such transfer.
[27/95]
(3) The management corporation for any land transferred by the Board pursuant to an application under section 126(1) shall, upon a written demand by the Board to pay the costs referred to in subsection (2) or any part thereof and the expenses referred to in section 126(9), pay to the Board not later than 30 days of notice of the written demand those costs or that part thereof and those expenses.
[27/95]
(4) If the costs or expenses referred to in subsection (3) are not paid by the management corporation on the date due, the management corporation shall be liable to pay interest in accordance with the rate specified by the Minister charged with the responsibility for national development, such interest, if unpaid, to constitute a debt due to the Board and recoverable as such.
[27/95]
(5) For the purposes of paying the costs and interest referred to in subsections (2), (3) and (4), the management corporation shall determine the amount of contributions payable by the subsidiary proprietors who are members of the management corporation.
(6) Any contributions so levied by the management corporation shall be deemed to be contributions levied under section 39 of the Building Maintenance and Strata Management Act (Cap. 30C).
[27/95; 47/2004]
(6A) Subject to subsection (6B), in the application of section 84A(1)(a) or (b) to any designated land, any reference therein to the date of the issue of the latest Certificate of Statutory Completion for any building (not being any common property) comprised in the strata title plan shall be read as a reference to the date of completion of the construction of the last building (not being any common property) comprised in the strata title plan as certified by the relevant authority.
[46/2007]
(6B) In the application of section 84A(1)(a) or (b) to any designated land specified in the First Schedule to the HUDC Housing Estates Act (Cap. 131), any reference therein to the date of the issue of the latest Certificate of Statutory Completion for any building (not being any common property) comprised in the strata title plan shall be read as a reference to the date of the issue of the Certificate of Fitness for any building (not being any common property) comprised in the strata title plan.
[46/2007]
(6C) A certificate purporting to be under the hand of an officer of the relevant authority specifying the date of completion of the construction of the last building (not being any common property) comprised in the strata title plan referred to in subsection (6A), shall, in the absence of proof to the contrary, and without further proof of the signature appended to the certificate, be sufficient evidence of the matters specified therein.
[46/2007]
(7) In this section and section 126B —
“Board” means the Housing and Development Board constituted under the Housing and Development Act (Cap. 129);
“designated land” means any land or housing estate vested in the Board which the Minister, by notification in the Gazette, designates as land to which this section applies;
“owner”, in relation to any flat, means —
(a)
a purchaser of a leasehold interest in the flat, including a purchaser under an agreement for a lease of the flat; or
(b)
in any other case, the Board.
[27/95; 38/2002]
Application of HUDC Housing Estates Act and Housing and Development Act after registration of strata title application or issue of subsidiary strata certificates of title
126B.
—(1) Upon the registration of the strata title application in respect of any housing estate built on land to which the HUDC Housing Estates Act (Cap. 131) applies —
(a)
the HUDC Housing Estates Act shall cease to apply to the housing estate and to all the registered proprietors of flats within the housing estate;
(b)
any body corporate constituted under the provisions of the HUDC Housing Estates Act in respect of that land shall continue as a management corporation constituted under the provisions of this Act having as its corporate name the corporate name as prescribed in this Act (referred to in this section as the new management corporation);
(c)
the management committee constituted under the HUDC Housing Estates Act of such body corporate shall, subject to the Building Maintenance and Strata Management Act (Cap. 30C), be the council of the new management corporation, and any person who, immediately before such registration, is a member of the management committee shall be deemed to have been elected under the provisions of the Building Maintenance and Strata Management Act (Cap. 30C) as a member of the council of the new management corporation;
(d)
all by-laws relating to the land under the provisions of the HUDC Housing Estates Act (Cap. 131) shall cease to have any force or effect in relation to that land but without prejudice to any right or liability accruing or legal proceedings instituted prior to the registration of the strata title application;
(e)
any contribution levied by such body corporate under the provisions of the HUDC Housing Estates Act and unpaid on the registration of the strata title application may be recovered by the new management corporation as if it were a contribution levied by the new management corporation under the Building Maintenance and Strata Management Act;
(f)
any charge constituted upon a flat in favour of such body corporate under the provisions of the HUDC Housing Estates Act in connection with any unpaid contributions shall be deemed to be a charge constituted upon the lot corresponding to that flat in favour of the new management corporation under the Building Maintenance and Strata Management Act;
(g)
every fund which was, immediately before the registration of the strata title application, kept by such body corporate under the provisions of the HUDC Housing Estates Act, shall be deemed to be a fund required under the corresponding provisions of the Building Maintenance and Strata Management Act to be established and maintained by the new management corporation; and
(h)
any policy of insurance effected by such body corporate in relation to any building within the housing estate in accordance with the provisions of the HUDC Housing Estates Act and in force on the registration of the strata title application shall continue and deemed to have been effected under the Building Maintenance and Strata Management Act, and sections 70 and 71 of that Act shall not apply to or in respect of the new management corporation for that housing estate until the expiry of that policy.
[27/95; 47/2004; 46/2007; 30/2008]
(2) In the case of flats built on designated land which have been sold under Part IV of the Housing and Development Act (Cap. 129), the provisions of Part IV of that Act shall cease to apply in relation to such flats upon the registration of the strata title application in respect of such designated land.
[27/95; 46/2007]
(3) The Minister may, for the purposes of facilitating any transfer of designated land or the issue of subsidiary strata certificates of title for the flats comprised in any building on such land, make regulations containing such other transitional, consequential or savings provisions as may appear necessary or expedient to the Minister.
[27/95]
Issue of subsidiary strata certificates of title for flats with subsisting leases registered under Registration of Deeds Act where land is vested in flat-owners as tenants-in-common
127.
—(1) Where there are subsisting leases of flats registered under the provisions of the Registration of Deeds Act (Cap. 269) and the registered estate or interest in the land on which the flats are erected is vested, subject to the provisions of the Land Titles Act (Cap. 157), in the lessees of the flats as tenants-in-common in the shares shown in the land-register, the registered lessees of those flats who altogether own not less than 25% of the total number of those flats may lodge with the Registrar a strata title application in the approved form.
[16/87; 37/2004]
(2) A strata title application submitted under subsection (1) shall not be registered unless the strata title plan has been lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act (Cap. 25).
[37/2004]
(3) The Registrar may, upon acceptance of the application, dispense with the production of the leases of the flats.
(4) Before issuing subsidiary strata certificates of title in favour of the registered lessees of the flats as shown in the records of the Registry of Deeds or the Land Titles Registry, the Registrar shall —
(a)
require a notice in the form approved by him to be inserted once in one or more daily newspapers to the effect that the Registrar will issue the subsidiary strata certificates of title under this section to the registered lessees of the flats as shown in the records maintained at the Registry of Deeds or the Land Titles Registry after the expiration of 6 weeks from the date of publication of the notice if no valid objection is received by the Land Titles Registry; and
(b)
send by registered post a copy of the notice referred to in paragraph (a) to the registered lessees of all the flats at the addresses shown in the records of the Registry of Deeds or the Land Titles Registry.
[42/2005]
(5) Where the Registrar is satisfied that all the necessary documents are in order, the Registrar may issue subsidiary strata certificates of title for the flats after the publication of the notice referred to in subsection (4).
(6) Any subsidiary strata certificate of title issued by the Registrar under subsection (5) may be qualified as to its title or its boundaries and dimensions, and sections 25 and 165 of the Land Titles Act (Cap. 157) shall apply, with the necessary modifications, to such subsidiary strata certificate of title.
[46/2007]
(7) Upon the registration of the strata title application, the management corporation of the parcel of land shall reimburse the person or persons who incurred any expenditure for the purpose of —
(a)
applying for the issue of subsidiary strata certificates of title for all those flats comprised in a building or buildings erected on the parcel;
(b)
the preparation of the strata title plan for the parcel;
(c)
the publication of the notices referred to in subsection (4)(a); and
(d)
issuing notices to the registered lessees of the flats under subsection (4)(b).
[46/2007]
(8) It shall be the duty of the management corporation to determine the amount of contributions payable by the subsidiary proprietors of the lots in the subdivided building concerned to its management fund to meet the expenditure referred to in subsection (7) and any contributions so levied by the management corporation shall be deemed to be contributions levied under section 39 of the Building Maintenance and Strata Management Act (Cap. 30C).
[16/87; 47/2004]
128.
—(1) Upon the issue of a qualified certificate of title for the land under section 125, the provisions of the Land Titles Act (Cap. 157) relating to a qualified certificate of title shall apply to the land comprised therein.
[16/87; 42/2005]
(2) Upon the issue of the subsidiary strata certificates of title for the flats under section 125, 125A, 126, 126A or 127, all the provisions of the leases of the flats registered under the provisions of the Registration of Deeds Act (Cap. 269) and the Land Titles Act shall cease to apply to the flats except in respect of any terms, covenants and conditions which were subsisting prior to the date of the issue of the subsidiary strata certificates of title in so far as they relate to any obligations which have yet to be fulfilled or any cause of action which had arisen as between the registered proprietors of the flats themselves and as between the registered proprietors of the flats and the registered proprietors of the land on which the flats are erected.
[16/87; 42/2005]
Exemption from stamp duty
129. [Repealed by Act 38 of 2002]