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Contents

Long Title

Part I PRELIMINARY

Part II SUBDIVISION AND SUBSIDIARY STRATA LAND-REGISTER

Part III RIGHTS AND OBLIGATIONS OF SUBSIDIARY PROPRIETOR

Part IV (Repealed)

Part V VARIATION OR TERMINATION OF STRATA SUBDIVISION SCHEME

Part VA COLLECTIVE SALE OF PROPERTY

Part VI (Repealed)

Part VII GENERAL

Part VIII ISSUE OF SUBSIDIARY CERTIFICATES OF TITLE FOR FLATS UNDER OTHER SCHEMES AND ISSUE OF SUBSIDIARY STRATA CERTIFICATES OF TITLE

Part IX MISCELLANEOUS

FIRST SCHEDULE Requirements under Section 84A, 84D, 84E or 84FA

SECOND SCHEDULE General Meetings for Purposes of Collective Sale

THIRD SCHEDULE Composition, Constitution and Proceedings of Collective Sale Committee

FOURTH SCHEDULE Deductions Allowable by Board

Legislative History

Comparative Table

 
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Application for collective sale of parcel by majority of subsidiary proprietors who own registered leasehold tenure of at least 850 years or other tenure
84FA.
—(1)  This section shall apply where there are subsisting leases registered under the Land Titles Act (Cap. 157) of all or some of the lots in a strata title plan for a leasehold tenure of 850 years or more or for such other tenure as the Minister may, by notification in the Gazette, specify.
[46/2007]
(2)  An application to a Board for an order for the sale of all the lots and common property in a strata title plan to which this section applies may be made by —
(a)
the subsidiary proprietors of the lots with not less than 90% of the share values and not less than 90% of the total area of all the lots (excluding the area of any accessory lot) as shown in the subsidiary strata certificates of title where less than 10 years have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building (not being any common property) comprised in the strata title plan or, if no Temporary Occupation Permit was issued, 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, whichever is the later; or
(b)
the subsidiary proprietors of the lots with not less than 80% of the share values and not less than 80% of the total area of all the lots (excluding the area of any accessory lot) as shown in the subsidiary strata certificates of title where 10 years or more have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building (not being any common property) comprised in the strata title plan or, if no Temporary Occupation Permit was issued, 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, whichever is the later,
who have agreed in writing to sell all the lots and common property in the strata title plan to a purchaser under a sale and purchase agreement which specifies the proposed method of distributing the sale proceeds to all the subsidiary proprietors (whether in cash or kind or both), subject to an order being made under subsection (5) or (6).
[46/2007]
(3)  The subsidiary proprietors of the lots referred to in subsection (2) shall also serve on the subsidiary proprietor in reversion of the leasehold estate and every mortgagee, chargee or other person with an estate or interest in land and whose interest is notified on the subsidiary strata land-register for the lots, a copy of all notices to be served pursuant to the First Schedule.
[46/2007]
(4)  A subsidiary proprietor of any lot in the strata title plan who has not agreed in writing to the sale referred to in subsection (2) and any mortgagee, chargee or other person (other than a lessee) with an estate or interest in land and whose interest is notified on the subsidiary strata land-register for that lot may each file an objection with a Board stating the grounds for the objection within 21 days of the date of the notice served pursuant to the First Schedule or such further period as the Board may allow.
[46/2007]
(5)  Where an application has been made under subsection (2) and no objection has been filed under subsection (4), the Board shall, subject to subsection (9), approve the application and order that the lots and common property in the strata title plan be sold.
[46/2007]
(6)  Where one or more objections have been filed under subsection (4), the Board shall, subject to subsection (9), after mediation, if any, approve the application made under subsection (2) and order that the lots and the common property in the strata title plan be sold unless, having regard to the objections, the Board is satisfied that —
(a)
any objector, being a subsidiary proprietor, will incur a financial loss; or
(b)
the proceeds of sale for any lot to be received by any objector, being a subsidiary proprietor, mortgagee or chargee, are insufficient to redeem any mortgage or charge in respect of the lot.
[46/2007]
(7)  An order made under subsection (5) by the Board may, with the consent of the collective sale committee, include an order that the proceeds of sale for any lot to be received by an objector, being a subsidiary proprietor who has filed an objection under subsection (4), be increased if the Board is satisfied that it would be just and equitable to do so.
[46/2007]
(8)  The total sum ordered by the Board for all the objectors under subsection (7) shall be paid from the proceeds of sale of all the subsidiary proprietors and shall not exceed the aggregate sum of 0.25% of the proceeds of sale for each lot or $2,000 for each lot, whichever is the higher.
[46/2007]
(9)  The Board shall not approve an application made under subsection (2) —
(a)
if the Board is satisfied that —
(i)
the transaction is not in good faith after taking into account only the following factors:
(A)
the sale price for the lots and the common property in the strata title plan;
(B)
the method of distributing the proceeds of sale; and
(C)
the relationship of the purchaser to any of the subsidiary proprietors; or
(ii)
the sale and purchase agreement would require any subsidiary proprietor who has not agreed in writing to the sale to be a party to any arrangement for the development of the lots and the common property in the strata title plan; or
(b)
if the collective sale committee does not consent to any order made by the Board under subsection (7).
[46/2007]
(10)  Where no objection has been filed under subsection (4), the determination under subsection (9) shall be made by the Board on the basis of the facts available to the Board.
[46/2007]
(11)  Where a Board has made an order for the sale of the lots and the common property in the strata title plan —
(a)
the subsidiary proprietor in reversion of the leasehold estate shall be deemed to have transferred his estate and interest in the lots to the purchaser without consideration upon the registration by the Registrar of the transfers of all the lots (except the lots still owned by the subsidiary proprietor in reversion under subsection (14)) in the strata title plan; and
(b)
the Registrar shall enter a notification of the vesting of the reversionary interest in the purchaser on the subsidiary strata land-register.
[46/2007]
(12)  The subsidiary proprietors of the lots who have not agreed in writing to the sale, the subsidiary proprietor in reversion and any mortgagee, chargee or other person with an estate or interest in those lots, where applicable, shall produce the subsidiary strata certificates of title for the lots to the person having conduct of the sale, the representatives appointed under section 84A(2) or to their solicitors.
[46/2007]
(13)  If the subsidiary strata certificates of title for the lots are not produced under subsection (12), the person having conduct of the sale shall not be required to produce to the purchaser any subsidiary strata certificate of title other than a certified true copy thereof.
[46/2007]
(14)  Where the subsidiary proprietor in reversion has granted leases for some but not all the lots in the strata title plan, he shall be deemed to have transferred his estate and interest in the lots still owned by him to the purchaser upon registration by the Registrar of the transfers of the other lots in the strata title plan and the Registrar shall enter a notification of the vesting of the lots in the purchaser on the subsidiary strata land-register.
[46/2007]
(15)  The Registrar may dispense with production of the subsidiary strata certificates of title for the lots still owned by the subsidiary proprietor in reversion for the purposes of subsections (11) and (14).
[46/2007]
(16)  Sections 84A(1A), (2), (3), (5), (7C), (11), (12) and (13), 84B and 84C and the Second and Third Schedules shall apply, with the necessary modifications, to any application or order made under this section.
[46/2007]
(17)  In this section —
“subsidiary proprietor” includes a successor in title;
“subsidiary proprietor in reversion” means the lessor of the registered lease under subsection (1) and includes a successor in title.
[46/2007]