On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/03/2012.
PART II
SUBDIVISION AND SUBSIDIARY STRATA LAND-REGISTER
Approval of subdivision under Planning Act
5. The provisions relating to the subdivision of land contained in the Planning Act (Cap. 232) and any rules made thereunder shall apply to the subdivision of any building or any lot.
Authorisation of strata subdivision under notification made by Minister under Planning Act
5A.
—(1) Where by reason of any notification made by the Minister under section 21(6) of the Planning Act (Cap. 232) —
(a)
the strata subdivision of any building or class of buildings as specified in that notification is authorised; and
(b)
the approval by the competent authority of a strata subdivision plan for that building or class of buildings is not required under the Planning Act (Cap. 232),
then for the purposes of this Act and any regulations made thereunder, where any thing or matter is required to be done in accordance with or to be ascertained from any strata subdivision plan approved or issued by the competent authority, such requirement shall be deemed to be complied with or satisfied if it is done in accordance with or ascertained from building plans approved by the relevant authority.
[30/2003]
(2) For the purposes of subsection (1), the building plans approved by the relevant authority —
(a)
shall be endorsed with a certificate by a surveyor who is registered under the Land Surveyors Act (Cap. 156) and has in force a practising certificate issued under that Act certifying that the boundaries of all the strata lots which he has delineated on the approved building plans have been endorsed by the proprietor of the development to be correct and in accordance with what was sold or agreed to be sold by the proprietor; and
(b)
shall contain such other certifications and particulars as may be required by the Registrar or the Chief Surveyor.
[30/2003]
6.
—(1) Subject to this section and except in the case where under section 22 of the Land Titles Act (Cap. 157) the Registrar has directed that any building may be dealt with in parts under the provisions of the Registration of Deeds Act (Cap. 269), no assurance (except mortgages, charges, reconveyances or discharges of subsisting mortgages or charges, vesting orders issued by the High Court and any assurance made pursuant to a power of sale conferred by any written law) disposing of any part of a subdivided building shall be registered under the Land Titles Act or the Registration of Deeds Act.
[42/2005]
(1A) The Registrar or the Registrar of Deeds, as the case may be, shall have the power to refuse to register that assurance or, where the assurance has been registered in contravention of subsection (1), cancel that registration upon the discovery thereof.
[16/87]
(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.
[37/2004]
(3) This section shall not apply to any building or class of buildings specified by the Minister by notification in the Gazette.
(4) Where a notification has been made under subsection (3), the Minister may at any time cancel the notification when the registered proprietor of the land on which the building is erected has, with the approval of the Minister, transferred all the estate and interest in such land to the lessees of the registered leasehold estate of the subdivided parts of the building as tenants-in-common in accordance with the terms and conditions of the leases granted in respect of the subdivided parts of the building.
(5) Subject to sections 125, 125A, 126, 126A and 127, this section shall not apply to any building where, on 15th April 1976, a flat forming part of that building has been disposed of by the proprietor thereof by a lease registered under the Land Titles Act (Cap. 157) or the Registration of Deeds Act (Cap. 269), and the registered leasehold interest is vested in any person other than the proprietor.
[42/2005]
(6) In this section —
“assurance” includes any transaction to be registered under the Land Titles Act;
“charge” includes a charge referred to in section 21 of the Central Provident Fund Act (Cap. 36);
“Registrar of Deeds” means the Registrar of Deeds appointed under the Registration of Deeds Act.
[16/87]
Flats not to be sold unless schedule of strata units is filed with and accepted by Commissioner
7. [Repealed by Act 47 of 2004]
8.
—(1) Where planning permission has been granted by the competent authority for the development of any land subject to the condition that 30% of the floor area of any building in the development must be owned by a single person for a period of 10 years from the date of the latest temporary occupation licence issued before the grant of the certificate of fitness in respect of the development, the competent authority shall notify the Registrar of such planning permission and file with the Registrar the plans delineating the specified flats in any building comprising the aforesaid 30% of the floor area.
[23/82; 16/87]
(2) Where the Registrar has received the notice and plans referred to in subsection (1) and the Registrar is satisfied that the plans adequately identify the flats comprised in the said 30% of the floor area of the development, the Registrar shall —
(a)
enter the appropriate notification on the relevant folio of the land-register or subsidiary strata land-register; and
(b)
have the power to refuse to register any instrument disposing of any interest in any flat in contravention of the condition referred to in subsection (1) when the instrument is presented for registration.
(3) Where the Registrar has discovered that any instrument has been lodged for registration or has been finally registered in contravention of the condition referred to in subsection (1), the Registrar shall serve a notice in writing on the person who appears in the records of the Registrar as the party claiming under the said instrument of the Registrar’s intention to cancel the registration of the instrument and any instrument relating to the flats referred to in subsection (1) and any relating entries in the records maintained by the Registrar.
(4) On the expiration of the Registrar’s notice under subsection (3), the Registrar shall without giving any further notice cancel the registration of the instruments referred to in subsection (3) and all entries relating thereto.
(5) The registered proprietor may lodge an application with the Registrar in the approved form for the cancellation of any notification made by the Registrar in the land-register or subsidiary strata land-register under this section and the Registrar shall cancel the notification if he is satisfied that the condition referred to in subsection (1) has been fulfilled.
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).
[37/2004]
(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.
[37/2004]
(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.
[37/2004]
(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.
[37/2004; 46/2007]
(5) No share value shall be allotted to an accessory lot.
[37/2004]
(6) In this section, “lot” includes a provisional lot.
[37/2004]
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.
[37/2004]
(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, registered or notified in the subsidiary strata land-register.
[37/2004; 46/2007]
(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.
[37/2004]
10A.
—(1) The subsidiary proprietors from time to time of all lots comprised in a strata title plan shall, on the date of registration of the strata title application in respect of that strata title plan under this Act, constitute the management corporation for that strata title plan.
[47/2004]
(2) The subsidiary proprietors from time to time of the lots for whose exclusive benefit any limited common property is designated in a strata title plan, or in a comprehensive resolution filed with the Chief Surveyor under section 78(2)(b) of the Building Maintenance and Strata Management Act (Cap. 30C), shall on the date of registration of the strata title application in respect of that strata title plan or such other instrument as required by the Registrar under this Act, constitute the subsidiary management corporation for that limited common property.
[47/2004]
(3) The Registrar may, upon payment of a prescribed fee, issue to a management corporation or a subsidiary management corporation a certificate stating that the management corporation or subsidiary management corporation, as the case may be, is a body corporate constituted on the day specified therein.
[47/2004]
11.
—(1) Except as otherwise expressly provided in this Act or the Building Maintenance and Strata Management Act (Cap. 30C), the share value of any lot shown in the subsidiary strata land-register shall not be altered in any manner on or after the date of registration of the strata title application comprising that lot.
[37/2004; 47/2004]
(2) The Registrar may correct any entry in the subsidiary strata land-register in respect of the share value of a lot if he is satisfied that there is an error in the entry.
[37/2004]
(3) The court may order the share value of a lot shown in the subsidiary strata land-register to be amended where the court is satisfied that the value was fraudulently assigned to the lot.
[37/2004]
(4) Nothing in this section shall prohibit the alteration of the share value of a lot consequent upon the subdivision of that lot into 2 or more lots or the amalgamation of 2 or more lots.
[S 309/87]
12.
—(1) A subsidiary proprietor of a lot or of 2 or more lots who intends to subdivide his lot or amalgamate his lots may lodge a strata title application for redevelopment for registration with the Registrar after he has obtained the approval of the relevant authority.
[16/87; 37/2004]
(2) Where the subdivision of a lot or the amalgamation of 2 or more lots results in the creation of any additional or new common property, the subsidiary proprietor shall obtain the approval of the management corporation before lodging the strata title application for redevelopment with the Registrar.
[37/2004]
(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.
[37/2004]
(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.
[37/2004]
(4) The Registrar shall not be concerned to inquire whether a subsidiary proprietor has obtained the approval of the relevant authority or the management corporation under subsection (1) or (2).
(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).
[37/2004]
(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.
[37/2004]
(6) On registration of the strata title application for redevelopment, parts of any lot which are capable of forming the common property as provided under this Act shall form part of the common property, free from any encumbrances (except those created by statute and subsisting easements), in relation to all the lots comprised within the same parcel as described in the strata title plan first registered with the Registrar without the need for a resolution made under section 25 directing the management corporation concerned to accept a transfer of such parts of a lot to form part of the common property.
[23/82; 37/2004; 42/2005]
(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.
[37/2004]
(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.
[37/2004]
*12A.
—(1) On the completion of every stage of a stage development in respect of which a strata title plan is registered or deemed registered under this Act, and on final completion and conclusion of the entire staged development, the owner developer thereof shall, within the time prescribed, prepare an amended strata title plan with the revised schedule of strata units for the staged development that has been last accepted under section 11 of the Building Maintenance and Strata Management Act (Cap. 30C).
[47/2004]
(2) Every amended strata title plan with the revised schedule of strata units under subsection (1) shall be lodged with the Chief Surveyor for approval under the Boundaries and Survey Maps Act (Cap. 25).
[47/2004]
(3) Where the amended strata title plan referred to in subsection (1) has been lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act, the Registrar shall make the appropriate amendment and entry on the relevant volumes and folios of the land-register and subsidiary land-register comprising the lots shown in the amended strata title plan in regard to the share value and lot numbers of the lot or lots affected.
[47/2004]
(4) The Minister may make regulations on any matter which by this Act is required or permitted to be prescribed for or in relation to staged developments, and may in such regulations modify the application of any of the provisions of this Act in relation to staged developments.
[47/2004]
(5) Every regulation made under subsection (4) shall be presented to Parliament as soon as possible after publication in the Gazette.
[47/2004]
* Section 12A will come into operation when item (5) in the Third Schedule to the Building Maintenance and Strata Management Act (Cap. 30C) is brought into operation. The section will be further amended when section 17(e) to (j) of the Statutes (Miscellaneous Amendments) (No. 2) Act 2005 (Act 42 of 2005) is brought into operation.
13.
—(1) On registration of the strata title application the Registrar shall enter a memorial in the land-register on the volume and folio of the parcel to the effect that a subsidiary strata land-register has been created, and thereupon the common property shall be held by the subsidiary proprietors as tenants-in-common proportional to their respective share value and for the same term and tenure as their respective lots are held by them.
[16/87; 37/2004]
(2) The Registrar on issuing a subsidiary strata certificate of title for a lot shall certify therein the subsidiary proprietor’s share in the common property, but no subsidiary strata certificate of title shall be issued for the common property.
(3) No share in the common property shall be disposed of except as appurtenant to the lot of the subsidiary proprietor and any assurance of a lot operates to assure the share in the common property appurtenant to that lot without any express mention in the assurance.
(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.
[37/2004]
(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.
[37/2004]
14. Where all the flats in a development have been brought under this Act pursuant to section 50, 51 or 52, which were in force immediately prior to 1st December 1987, or pursuant to section 125, 125A, 126, 126A or 127 and subsidiary strata certificates of title have been issued for all the flats, the mortgagee whose mortgage was registered in respect of such a flat either under the Land Titles Act (Cap. 157) or the Registration of Deeds Act (Cap. 269) prior to the issue of a subsidiary strata certificate of title for the flat, shall be deemed —
(a)
to be the donee of an irrevocable power of attorney granted by the mortgagor in respect of the mortgagor’s estate in the undivided share in the common property appurtenant to the lot comprising the mortgaged flat upon the issue of the subsidiary strata certificate of title; and
(b)
to have been vested with all rights and powers as if he is the registered proprietor of the estate in the share of the common property appurtenant to the flat mortgaged by the subsidiary proprietor as and when the mortgagee exercises his powers as mortgagee under the registered mortgage of the flat.
[16/87; 42/2005; S 309/87]
15.
—(1) No accessory lot or any share, estate or interest therein shall be dealt with independently of the lot to which such accessory lot has been made appurtenant as shown on the relevant registered strata title plan.
(2) Any person who deals with any accessory lot or any share, estate or interest therein independently and not made as appurtenant to the lot which such accessory lot is shown on the relevant registered strata title plan as being appurtenant shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
(3) Any assurance made in contravention of subsection (1) shall not be registered under this Act and any registration thereof shall be null and void and shall not pass any estate or interest in the accessory lot.
(4) Where such assurance has been registered, the Registrar on discovery thereof shall cancel the registration, and no person affected by such cancellation shall be entitled to any compensation from the assurance fund.