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 14/03/2005.
THE SCHEDULE
Section 17
Related and Consequential Amendments to Other Written Laws
First column | Second column | |
(a) Section 2 (1) | (i) Insert, immediately after the definition of “approved co-ordinates”, the following definitions:
“ “assurance plan” means any plan showing approximate boundaries or dimensions and areas for the purpose of identifying land which has not been surveyed to the satisfaction of the Chief Surveyor but is required to be surveyed under the provisions of any written law;
“authorised surveyor” means a surveyor who is employed by the Authority, whether or not registered under section 12 of the Land Surveyors Act (Cap. 156);”. | |
(ii) Insert, immediately after the definition of “land”, the following definitions:
“ “licence” means a licence to supply survey services in Singapore granted under section 22 of the Land Surveyors Act (Cap. 156);
“manager”, in relation to a corporation or partnership, means the principal executive officer of the corporation or partnership for the time being by whatever name called and whether or not he is a director or partner thereof;”. | ||
(iii) Insert, immediately after the definition of “owner”, the following definition:
“ “practising certificate” means an annual practising certificate issued under section 15 of the Land Surveyors Act authorising the holder thereof to engage in survey work in Singapore;”. | ||
(iv) Insert, immediately after the definition of “repealed Act”, the following definition: | ||
(v) Delete the full-stop at the end of the definition of “survey officer” and substitute a semi-colon, and insert immediately thereafter the following definitions:
“ “survey plan” includes a strata title plan;
“survey work” has the same meaning as in the Land Surveyors Act.”. | ||
(b) Section 7 | (i) Delete the word “and” at the end of paragraph (c). | |
(ii) Delete the full-stop at the end of paragraph (d) and substitute a semi-colon, and insert immediately thereafter the following paragraphs: “(e) generate, from the co-ordinated cadastre, maps for any area of land within the co-ordinated cadastre; and (f) where the co-ordinates for all parcels of land in Singapore have been declared to be within the co-ordinated cadastre under paragraph (d), declare, by notice in the Gazette, that the maps generated from the co-ordinated cadastre shall supersede all maps published under the repealed Act.”. | ||
(c) Section 8 | Repealed. | |
(d) Section 9 | Delete subsection (1) and substitute the following subsection: | |
(e) New Part IIA | Insert, immediately after section 11, the following Part: “Part IIA Conduct of Cadastral Surveys 11A.—(1) For the purposes of conducting any cadastral survey or installing any boundary or survey mark under this Act or any other written law, the Chief Surveyor may authorise, either generally or specially and subject to such conditions as the Chief Surveyor may impose, any registered surveyor who has in force a practising certificate or any assistant employed by the registered surveyor — (a) to enter and re-enter any land, seabed, foreshore or building at any reasonable time during the hours of daylight, with such workmen, aircraft, boats, vehicles, appliances, machinery and equipment as may be reasonably necessary to conduct the survey or to install the boundary or survey mark; (b) to emplace any boundary or survey mark in or upon such lands and premises and to dig up any ground for the purpose of emplacing the boundary or survey mark; and (c) to cut down and remove any tree or other growth which may obstruct any survey line or any boundary.”. | |
“(2) Before exercising any of the powers conferred by subsection (1) in respect of any land that is not a road, the person doing so shall, where practicable, give reasonable notice to the occupier of the land of the intention to exercise those powers. (3) Any person exercising any power under subsection (1) shall produce evidence of his identity and authority to exercise those powers — (a) if practicable, on first entering the land or premises; and (b) whenever subsequently reasonably requested to do so. (4) Nothing in this section shall exempt any registered surveyor or his assistant or workman from liability for any damage caused in the exercise of the powers conferred by subsection (1).”. | ||
11B.—(1) For the purpose of obtaining data for a cadastral survey, the survey plan of which is to be lodged with the Authority, a registered surveyor who has in force a practising certificate or an authorised employee or manager of a licensed corporation or partnership may, upon payment to the Authority of the prescribed fee, at all reasonable times be permitted — (a) to inspect the relevant maps, plans or survey records lodged with the Authority; and (b) to take copies of such information therefrom as he may require. (2) Any person referred to in subsection (1) shall not remove any such maps, plans or survey records and shall be liable for any damage which he may cause to them while they are under his control.”. | ||
11C.—(1) On completion of a cadastral survey, the registered surveyor who signs the survey plan thereof shall deposit that plan together with the relevant field books, calculation sheets and survey data (referred to in this Act as survey documents) with the Authority, in such electronic or other form as the Authority may approve. (2) If the survey plan is approved by the Chief Surveyor, the survey plan and survey documents deposited with the Authority under subsection (1) (including any copyright subsisting therein) shall become the property of the Authority and shall be filed as permanent survey records. (3) The Chief Surveyor, upon payment of the prescribed fee, shall furnish to any person applying for it a certified copy of any survey plan or survey document deposited with the Authority under subsection (1). (4) Every such certified copy of a survey plan or survey document signed by the Chief Surveyor shall be received in evidence in any court, or before any person having authority by law or by consent of parties to receive evidence, without proof of signature, as prima facie proof of all the matters contained in or entered on the survey plan or survey document, as the case may be. (5) Notwithstanding section 35 of the Evidence Act (Cap. 97), a print-out of any information stored in a computer in the Authority issued and signed by the Chief Surveyor shall be received in evidence in any court, or before any person having authority by law or by consent of parties to receive evidence, without proof of signature, as prima facie proof of all the matters contained in or entered on that document.”. | ||
11D.—(1) No cadastral survey or survey plan thereof shall be accepted or adopted for the purpose of any written law unless it has been approved by the Chief Surveyor. (2) No assurance plan shall be lodged in the Registry of Deeds or the Land Titles Registry of the Authority, as the case may be, unless the assurance plan — (a) is signed by a registered surveyor and approved by the Chief Surveyor; and (b) bears a caution to the effect that the boundaries or dimensions and areas are inconclusive. (3) The Chief Surveyor may refuse to approve any survey plan or assurance plan under this section if — (a) the subdivision permission as required by section 12 of the Planning Act (Cap. 232) has not been obtained; (b) the prescribed survey fees have not been paid; or (c) an encroachment has been created by the purchaser or owner of a parcel of land being surveyed for any relevant purpose, which affects any parcel of land adjoining that parcel of land, and the registered surveyor who signs the plan has not certified that the encroachment has been resolved.”. | ||
“(4) Where the subdivision of land has been authorised by a notification made by the Minister under section 21(6) of the Planning Act (Cap. 232), the Chief Surveyor shall not, when he approves any survey plan under this section, be obliged to enquire whether any condition set out in the notification or imposed by the competent authority under that Act has been satisfied or complied with. (5) Notwithstanding that a survey plan has been approved by the Chief Surveyor, it shall be the duty of the registered surveyor who signed the survey plan to ensure that the survey plan and all information and matters set out in the survey plan are correct and accurate. (6) In subsection (3)(c), “relevant purpose”, in relation to any survey of a parcel of land, means a survey for the purpose of — (a) obtaining a new State title for the parcel of land; (b) amalgamating the parcel of land; or (c) subdividing the parcel of land. (7) Any cadastral survey, survey plan or assurance plan approved before the date of commencement of the Land Surveyors (Amendment) Act 2004 by the Chief Surveyor or other officer appointed by him to approve plans on his behalf under section 39 of the Land Surveyors Act (Cap. 156) then in force, shall be deemed to have been approved under this section.”. | ||
11E.—(1) The Chief Surveyor or any authorised surveyor designated by him may at any time undertake field and office checks on the cadastral survey work of a registered surveyor or a licensed corporation or partnership. (2) The Chief Surveyor may, at any time after the survey plan has been deposited with the Authority, by notice in writing, direct any registered surveyor or any licensed corporation or partnership to correct at his or its expense within a period specified in the notice any error in the cadastral survey made by that registered surveyor or by a registered surveyor who is a director, a partner, a manager or an employee of that corporation or partnership, as the case may be. (3) If any person fails to comply with the notice given under subsection (2), the Chief Surveyor may undertake the correction of the cadastral survey and recover the cost of the correction from the person. (4) Where the Chief Surveyor is entitled to recover the cost of any correction of a cadastral survey under subsection (3), the Chief Surveyor shall serve on the registered surveyor, corporation or partnership, as the case may be, a statement of the cost of the correction by registered post addressed to the last known place of practice or residence of the registered surveyor, corporation or partnership. (5) Subsections (2) and (3) shall not apply to an assurance plan.”. | ||
(f) Section 12 | (i) Insert, immediately after the word “valid” in subsection (1), the words “until they have been declared to be superseded under section 7 (f)”. | |
(ii) Delete the words “published under the repealed Act” in the 1st line of subsection (2) and substitute the words “whether published under the repealed Act or generated from the co-ordinated cadastre”. | ||
(iii) Insert, immediately after the word “survey” in the 5th line of subsection (2) (a), the words “or in the process of conversion and adjustment under section 7”. | ||
(iv) Delete the word “of” in the last line of subsection (2) (a). | ||
(v) Insert, immediately after the words “repealed Act” in the 2nd line of subsection (6), the words “or generated from the co-ordinated cadastre”. | ||
(g) Section 13 | Repeal and substitute the following section: 13.—(1) Every map published under the repealed Act shall, until it has been declared to be superseded under section 7 (f), be conclusive evidence in all courts of the boundaries of the land comprised in every land shown therein, subject only to any order made under section 12 for their modification, correction or alteration. (2) Upon a declaration under section 7 (f), every map generated from the co-ordinated cadastre shall be conclusive evidence in all courts of the boundaries of the land comprised in every land shown therein, subject only to any order made under section 12 for their modification, correction or alteration.”. | |
(h) Section 17 (2) | (i) Insert, immediately after the words “this Act” in paragraph (a), the words “and the time for payment of the fees”. | |
(ii) Delete the word “and” at the end of paragraph (a). | ||
(iii) Delete the full-stop at the end of paragraph (b) and substitute a semi-colon, and insert immediately thereafter the following paragraphs: “(c) regulating the following: (i) preparation of plans and documents for the purposes of this Act; (ii) lodgment and registration of plans under this Act; and (iii) preparation and making of cadastral surveys; and “(d) prescribing the manner (whether by electronic means or otherwise) in which —
(i)
applications for or lodgments of lot numbers, survey records and plans, survey documents or other records and documents may be made;
(ii)
permissions, approvals and decisions may be granted or made, and notified;
(iii)
notices or other documents may be made or transmitted; and
(iv)
documents may be authenticated or certified.”. | ||
(2) Land Titles Act (Chapter 157, 2004 Ed.) | ||
(a) Section 99 | (i) Delete subsection (1) and substitute the following subsections: “(1) Where the competent authority has approved the development and subdivision of any land comprised in an estate before or after 1st March 1994 and the subdivision plan has been submitted to the competent authority, there shall be implied, in respect of each lot of the estate which is used or intended to be used as a separate tenement, in favour of the registered proprietor of the lot and as appurtenant thereto, all the easements referred to in subsection (1A). (1A) The easements which shall be implied under subsection (1) are all such easements of way and drainage, for party wall purposes and for the supply of water, gas, electricity, sewerage and telephone and other services to the lot on, over or under the lands appropriated or set apart for those purposes respectively on the subdivision plan submitted to the competent authority relating to the estate, as may be necessary for the reasonable enjoyment of the lot and of any building or part of a building at any time thereon.”. | |
(ii) Delete the words “subsection (1)” in subsection (2) and substitute the words “subsection (1A)”. | ||
(iii) Delete the definition of “estate” in subsection (8) and substitute the following definition:
“ “estate” means any land which has been subdivided into lots under the Planning Act (Cap. 232), and includes — (a) land intended for use as easements to be made appurtenant to other lots within the same estate as shown in the subdivision plan submitted to the competent authority; and (b) undeveloped lots, if any, which are shown in the first subdivision plan submitted to the competent authority, each of which is capable of being subdivided as shown in one or more subsequent subdivision plans as and when submitted to or issued by the competent authority;”. | ||
(iv) Delete the words “approved by” in the definition of “lot” in subsection (8) and substitute the words “submitted to”. | ||
(v) Delete the words “an approved” in the section heading. | ||
(b) Section 165 | Delete subsection (1) and substitute the following subsection: “(1) Except as provided in this section, the Registrar shall not register any instrument affecting part of the land in a folio until he is satisfied that the boundaries and dimensions of part of the land in a folio described in an instrument are in accordance with the final boundaries and dimensions shown in the plan lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act (Cap. 25).”. | |
(3) Land Titles (Strata) Act (Chapter 158, 1999 Ed.) | ||
(a) Section 3 | (i) Delete the words “to be lodged with the Registrar” in the penultimate and last lines of paragraph (a) of the definition of “common property”. | |
(ii) Delete paragraph (c) of the definition of “strata title plan” and substitute the following paragraph: | ||
(iii) Delete the words “plan of resubdivision” in the definition of “strata title plan” and substitute the words “strata title plan for redevelopment”. | ||
(b) Section 6 | Delete subsection (2) and substitute the following subsection: “(2) An assurance disposing of any part of a subdivided building may be lodged for registration under the provisions of this Act where — (a) a strata title application in the approved form for the issue of subsidiary strata certificates of title has been lodged with the Registrar; (b) a strata title plan has been lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act (Cap. 25); and (c) the Registrar has registered the strata title application lodged under paragraph (a) and has issued the subsidiary strata certificates of title applied for.”. | |
(c) Sections 9 and 10 | Repeal and substitute the following sections: | |
9.—(1) No strata title application for a parcel shall be registered under this section unless — (a) it is in the approved form; and (b) the strata title plan for that parcel has been lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act (Cap. 25). (2) Every strata title application shall — (a) show the share values in whole numbers of each lot (except an accessory lot) and a number equal to the aggregate share value entitlement of all the lots comprised in the parcel; and (b) contain such other particulars as may be prescribed or as the Registrar may specify. (3) The strata title plan shall be deemed to be registered under the provisions of this Act on the date that the strata title application is registered by the Registrar under subsection (1) and the strata title plan has been assigned a strata title plan serial number as notified in the land-register. (4) For the purposes of subsection (2)( a), where planning permission for the erection of the buildings comprising the lots has been granted on or after 15th April 1976, the share values shown on the strata title application shall be those shown in the schedule of strata units filed with and accepted by the Commissioner under section 7. (5) No share value shall be allotted to an accessory lot. (6) In this section, “lot” includes a provisional lot.”. | ||
10.—(1) The Registrar shall — (a) prepare and maintain for the purposes of this Act a series of records to be called ”the subsidiary strata land-register”; and (b) issue for each lot shown on the strata title application a subsidiary strata certificate of title. (2) Upon registration of a strata title application, a subsidiary proprietor shall be deemed to be the proprietor of his lot and his share in the common property subject to the encumbrances, if any, shall be registered or notified in the subsidiary strata land-register. (3) Subject to the provisions of this Act, any assurance or other dealing affecting a lot may be registered in the same manner and form and, upon registration, shall have the same effect as a similar assurance or dealing registered under the provisions of the Land Titles Act (Cap. 157), and affecting part of registered land comprised in a subdivision plan submitted to the competent authority.”. | ||
(d) Section 11 | (i) Delete subsection (1) and substitute the following subsection: | |
(ii) Delete the words “a strata title plan” in subsections (2) and (3) and substitute in each case the words “the subsidiary strata land-register”. | ||
(e) Section 12 | (i) Delete the words “strata title plan” in subsections (1) and (2) and substitute in each case the words “strata title application”. | |
(ii) Delete subsection (3) and substitute the following subsections: “(3) No strata title application for redevelopment shall be accepted by the Registrar unless an amended schedule of strata units showing the proposed share values to be allotted to the lot or lots affected by the redevelopment has been filed with and accepted by the Commissioner. (3A) In the proposed allotment of share values referred to in subsection (3) — (a) where a lot is subdivided, the aggregate share value of the proposed new lot or lots shall be equal to the share value of the former lot; and (b) where 2 or more lots are amalgamated, the share value of the proposed new lot or lots shall be equal to the aggregate share value of the former lots.”. | ||
(iii) Delete subsection (5) and substitute the following subsections: “(5) No strata title application for redevelopment shall be registered unless — (a) it is in the approved form; and (b) the strata title plan for redevelopment has been lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act (Cap. 25). (5A) The strata title plan for redevelopment shall be deemed to be registered under the provisions of this Act on the date that the strata title application for redevelopment is registered by the Registrar.”. | ||
(iv) Delete the words “strata title plan” in the 1st line of subsection (6) and substitute the words “strata title application”. | ||
(v) Delete subsections (7) and (8) and substitute the following subsections: “(7) On registration of the strata title application for redevelopment, the Registrar shall make the appropriate amendment and entry on the relevant folios of the land-register and subsidiary strata land-register comprising the lot or lots shown in the strata title plan for redevelopment. (8) All other provisions of this Act relating to a strata title plan, a strata title application and a lot, so far as they are not inconsistent with the provisions of this section, shall apply to a strata title plan for redevelopment, a strata title application for redevelopment and any lot shown therein, respectively.”. | ||
(f) Section 13 | (i) Delete the words “strata title plan” in subsection (1) and substitute the words “strata title application”. | |
(ii) Delete subsection (4) and substitute the following subsections: “(4) The certificate of title comprising the parcel shall be retained by the Registrar after the issue of the relevant subsidiary strata certificates of title. (5) Where the subsidiary strata certificates of title were issued before 15th April 1976, the duplicate certificate of title comprising the parcel may be deposited with the Registrar.”. | ||
(g) Section 22 | Delete subsection (4) and substitute the following subsection: | |
(h) Section 23(4) | Delete the words “registered strata title plan” in paragraph (b) and substitute the words “relevant folios of the land-register and subsidiary strata land-register”. | |
(i) Section 24 (3) | Delete the words “entries in the registered strata title plan” and substitute the words “notification on the relevant folio of the land-register”. | |
(j) Section 25 | Delete subsection (3) and substitute the following subsection: “(3) Upon registration of the transfer, the Registrar shall — (a) enter a memorial of the transfer on the folio of the land-register comprising the common property; (b) amend the relevant folios of the land-register and subsidiary strata land-register in such manner as the Registrar may think fit so as to show thereon the transferred land or part thereof or the lot transferred as forming part of the common property; and (c) where a lot is transferred, amend the relevant folios of the subsidiary strata land-register to decrease the aggregate share value by a number equivalent to the share value of that lot.”. | |
(k) Section 30 | Delete subsection (1) and substitute the following subsections: “(1) Each lot including a provisional lot (except an accessory lot) shown in a strata title plan shall have its share value determined as shown in the strata title application registered under section 9. (1A) In the case of a strata title plan comprising land and buildings in respect of which planning permission has been granted on or after 15th April 1976, each lot shown in that plan shall have the share value as shown in the schedule of strata units filed with and accepted by the Commissioner under section 7.”. | |
(l) Section 46 (2) | Delete the words “and the Registrar shall amend the registered strata title plan accordingly”. | |
(m) Section 81 (4) | Delete the words “registered strata title plan and in the volume and folio” and substitute the words “relevant folio”. | |
(n) Section 123 | Delete subsection (2) and substitute the following subsection: “(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 Parts IV to VII shall apply to each and every subdivided building comprised in the registered strata title plan for that parcel.”. | |
(o) Section 124 | Delete subsection (2) and substitute the following subsection: “(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 Parts IV to VII shall apply to each and every subdivided building comprised in the registered strata title plan for that parcel.”. | |
(p) Section 125 | (i) Delete the words “an application” in the 6th line of subsection (1) and substitute the words “a strata title application in the approved form”. | |
(ii) Delete subsection (2) and substitute the following subsection: “(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; 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).”. | ||
(q) Section 125A | (i) Delete the words “application for registration of the strata title plan” in subsection (2) and substitute the words “strata title application”. | |
(ii) Delete the words “strata title plan” in subsection (4) and substitute the words “strata title application”. | ||
(r) Section 126 | (i) Delete the words “an application for the issue of subsidiary strata certificates of title for the flats” in the 9th, penultimate and last lines of subsection (1) and substitute the words “a strata title application in the approved form”. | |
(ii) Insert, immediately after the word “Registrar” in subsection (2), the words “based on the methods used by the Commissioner for the allocation of share values”. | ||
(iii) Delete subsections (3) and (4) and substitute the following subsections: “(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). (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.”. | ||
(s) Section 127 | (i) Delete the words “an application for the issue of subsidiary strata certificates of title for all those flats” in subsection (1) and substitute the words “a strata title application in the approved form”. | |
(ii) Delete subsection (2) and substitute the following subsection: “(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).”. |