On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 01/03/2012.
FIRST SCHEDULE
1. Before making an application to a Board, the subsidiary proprietors referred to in section 84A(1) or 84FA(2) or the proprietors of flats referred to in section 84D(2) or 84E(3), as the case may be, shall —
(a)
execute within the permitted time but in no case more than 12 months before the date the application is made, a collective sale agreement in writing among themselves (whether or not with other subsidiary proprietors or proprietors) agreeing to agree to collectively sell —
(i)
in the case of an application under section 84A or 84FA, all the lots and common property in a strata title plan; or
(ii)
in the case of an application under section 84D or 84E, all the flats and the land in a development to which section 84D or 84E, as the case may be, applies;
(b)
affix to a conspicuous part of each building comprised in the strata title plan or the development to which section 84D or 84E applies, as the case may be, a notice in the 4 official languages specifying —
(i)
the number of lots and number of subsidiary proprietors or the number of flats and number of proprietors, as the case may be, who, immediately before the date of the notice, have signed the collective sale agreement; and
(ii)
the proportion (in percentage) that the total share value and the total area of the lots as shown in the subsidiary strata certificates of title of such subsidiary proprietors’ lots bear to the total share value and total area of all lots comprised in that strata title plan, or the total share or total notional share of the land and total area of the flats of such proprietors bear to the total share or notional share of all proprietors and total area of all the flats in that land and the development concerned, as the case may be,
within 4 weeks after the start of the permitted time and thereafter at intervals of not more than 4 weeks from the date of the last notice under this sub-paragraph;
(c)
ensure that the notice in sub-paragraph (b) does not include any subsidiary proprietor who has served or is entitled to serve a notice of rescission under paragraph 6 and that the notice in that sub-paragraph is certified by the advocate and solicitor appointed by the collective sale committee or in accordance with paragraph 7(1)(a) in the Third Schedule, whichever is applicable, to be accurate;
(d)
advertise in the 4 official languages the particulars of the proposed application in such local newspapers as approved by the Board;
(e)
serve notice of the proposed application on all the subsidiary proprietors of all the lots and common property in the strata title plan concerned and, if applicable, on the subsidiary proprietors in reversion of the leasehold estate in the lots, or on all the proprietors of all flats in the development concerned, as the case may be, by letter by registered post notifying everyone of them of the proposed application accompanied by a copy each of the following documents, and stating that copies of the documents may also be obtained from the marketing agent or the collective sale committee:
(i)
the collective sale agreement referred to in sub-paragraph (a);
(ii)
the sale and purchase agreement which is to be the subject of the application to the Board;
(iii)
a statutory declaration made by the purchaser under the sale and purchase agreement on the nature of his relationship (if any) or, if the purchaser is a body corporate, the nature of the relationship of every one of its directors (if any), to any subsidiary proprietor of any lot comprised in that strata title plan or any proprietor of any flat in the development, as the case may be;
(iv)
the advertisement referred to in sub-paragraph (d);
(v)
a valuation report from an independent valuer on the value of the development as at the date of the close of the public tender or auction; and
(vi)
a report by an independent valuer on the proposed method of distributing the proceeds of the sale due under the sale and purchase agreement;
(f)
give further notice of the proposed application by post addressed to each lot in the strata title plan concerned or each flat in the development concerned, as the case may be, or by placing a copy of the notice in the respective mail boxes for each such lot or flat; and
(g)
[Deleted by Act 13/2010 wef 15/07/2010]
(h)
affix a copy of the notice referred to in sub-paragraph (e), without the enclosed documents, in the 4 official languages to a conspicuous part of each building comprised in the strata title plan or the development, as the case may be.
2.—(1) For the purposes of this Schedule —
(a)
the permitted time in relation to a collective sale agreement executed or to be executed by subsidiary proprietors or proprietors referred to in section 84A(1), 84D(2), 84E(3) or 84FA(2), means a period —
(i)
starting from the date the first subsidiary proprietor or proprietor, or his duly appointed attorney, as the case may be, signs the collective sale agreement; and
(ii)
ending not more than 12 months after the date the first subsidiary proprietor or proprietor, or his duly appointed attorney, as the case may be, signs the collective sale agreement; and
(b)
the collective sale agreement shall be regarded as executed notwithstanding that it is executed on separate copies thereof and at different times.
(2) For the avoidance of doubt, it is hereby declared that any reference in sub-paragraph (1)(a) to the first subsidiary proprietor or proprietor who signs the collective sale agreement does not include a reference to a subsidiary proprietor who rescinds his agreement to be party thereto in accordance with paragraphs 6 and 7.
[S 111/2011 wef 02/03/2011]
3. The collective sale committee shall provide a preface to the collective sale agreement stating the clause numbers and page numbers in which the following information are found:
(a)
the reserve price for the development;
(b)
the apportionment method for the proceeds of sale;
(c)
the fees payable to the advocate and solicitor, marketing agent and other person involved in handling the collective sale;
(d)
the amount of the compensation fund, if any;
(e)
the person entitled to any interest derived from moneys held by any stakeholder; and
(f)
the date of delivery of vacant possession of the lot or flat.
4. The collective sale agreement shall be signed by the subsidiary proprietor, and, if signed in Singapore, in the presence of an advocate and solicitor who has a valid practising certificate appointed by the collective sale committee or in accordance with paragraph 7(1)(a) in the Third Schedule, whichever is applicable.
[S 365/2010 wef 16/07/2010]
5. The collective sale agreement shall be accompanied by a notice, in the prescribed form, that may be used by the subsidiary proprietor to rescind his agreement to be a party to the collective sale agreement.
6.—(1) A subsidiary proprietor may rescind his agreement to be a party to the collective sale agreement by serving a notice of rescission referred to in paragraph 5 within the cooling-off period which shall be a period of 5 days (excluding any day which is a Saturday, Sunday or public holiday) after the day on which the collective sale agreement was signed by him.
(2) For the avoidance of doubt, it is hereby declared that —
(a)
a subsidiary proprietor or proprietor who signs a collective sale agreement remains entitled to rescind his agreement to be a party thereto in accordance with sub-paragraph (1) even after the permitted time (as defined by paragraph 2) for the collective sale agreement has expired; and
(b)
any such subsidiary proprietor or proprietor who so rescinds his agreement to be a party to a collective sale agreement after the permitted time for the collective sale agreement has expired shall, for the purposes of paragraph 1, not be regarded as having executed the collective sale agreement within the permitted time.
[S 111/2011 wef 02/03/2011]
7. The notice of rescission shall be signed by the subsidiary proprietor and shall be served personally on the advocate and solicitor appointed by the collective sale committee or in accordance with paragraph 7(1)(a) in the Third Schedule, whichever is applicable, before 5 p.m. on the last day of the cooling-off period.
[S 365/2010 wef 16/07/2010]
8. A subsidiary proprietor shall not be entitled to serve a notice of rescission more than once for the same collective sale agreement.
9. The advertisement referred to in paragraph 1(d) shall include —
(a)
information on the development;
(b)
brief details of the sale proposal; and
(c)
the place at which the affected parties can inspect documents for the collective sale.
10. The notice referred to in paragraph 1(e) to be served by registered post shall be served on the affected parties —
(a)
where the party is a subsidiary proprietor of a lot in the strata title plan, at the address as shown on the strata roll;
(b)
where the party is a proprietor of a flat or land, at the last recorded address at the Land Titles Registry or Registry of Deeds;
(c)
where the party is a mortgagee, chargee or other person with an estate and interest in the lot or flat whose interest is notified on the land-register or a subsidiary proprietor in reversion of the leasehold estate in a lot, his mortgagee, chargee or other person with an estate or interest in the lot and whose interest is notified on the subsidiary strata land-register, at the address on the strata roll or last recorded address at the Land Titles Registry or Registry of Deeds, as the case may be, provided that where such mortgagee, chargee, subsidiary proprietor in reversion or other person has an estate or interest in more than one lot or flat whose interest is notified on the land-register or subsidiary strata land-register, a single notice referring to the affected lots or flats and their respective subsidiary proprietors or proprietors shall suffice; and
(d)
where the party is a management corporation, at its address recorded on the folio of the land-register comprising the common property.
11. An application to a Board shall be made by the subsidiary proprietors referred to in section 84A(1) or 84FA(2) or the proprietors referred to in section 84D(2) or 84E(3) within 14 days of the publication of the advertisement referred to in paragraph 1(d), enclosing —
(a)
the documents specified in paragraph 1(e);
(b)
a statutory declaration made by the representatives appointed under section 84A(2) or their solicitors stating —
(i)
the date the permitted time for the collective sale agreement started;
(ii)
the date on which the collective sale agreement referred to in paragraph 1(a) was last executed by any subsidiary proprietor or proprietor referred to in section 84A(1), 84D(2), 84E(3) or 84FA(2), as the case may be;
(iii)
the date or dates on which the notice or notices referred to in paragraph 1(b) were affixed; and
(iv)
that sub-paragraphs (c), (d), (e) and (h) of paragraph 1 have been complied with;
(c)
a list of the names of the subsidiary proprietors or proprietors who have not agreed in writing to the sale, their mortgagees, chargees, the subsidiary proprietors in reversion of the leasehold estate in the lots and other persons (other than lessees) with an estate or interest in the lots or flats whose interests are notified on the land-register or subsidiary strata land-register; and
(d)
such other document as the Board may require.
12. The Board shall, within 5 days of the filing of an objection, serve a copy of it by registered post on the representatives appointed under section 84A(2) and their solicitors, if any.
13. The subsidiary proprietors referred to in section 84A(1) or 84FA(2) or the proprietors referred to in section 84D(2) or 84E(3) shall, after making an application to the Board, cause a notification of the application being made to be registered under this Act, the Land Titles Act (Cap. 157) or the Registration of Deeds Act (Cap. 269), as the case may be.
14. The subsidiary proprietors or proprietors referred to in paragraph 13 shall —
(a)
if an order for sale is granted by the High Court or a Board, as the case may be, under section 84A, 84D, 84E or 84FA, register the order of the High Court or Board in accordance with this Act, the Land Titles Act or the Registration of Deeds Act, as the case may be;
(b)
if the order for sale is not granted by a Board and no application is made to the High Court within the time delimited by section 84A(2B), 84D(2B), 84E(3B) or 84FA(2B), apply to cancel the notification registered under paragraph 13; or
(c)
if the order for sale is not granted by the High Court, apply to cancel the notification registered under paragraph 13.
15. In this Schedule, “affected parties” means —
(a)
the subsidiary proprietors referred to in section 84A(1) or 84FA(2) or the proprietors referred to in section 84D(2) or 84E(3);
(b)
the subsidiary proprietors of the lots or the proprietors of the flats who have not agreed in writing to the sale, and any mortgagee, chargee and other person (other than a lessee) with an estate or interest in the lot or flat whose interest is notified on the land-register;
(c)
the proprietor of the land under section 84E, his mortgagee, chargee or other person with an estate or interest in the land whose interest is notified on the land-register;
(d)
the subsidiary proprietor in reversion of the leasehold estate in the lots under section 84FA, his mortgagee, chargee or other person with an estate or interest in the lots and whose interest is notified on the subsidiary strata land-register; and
(e)
the management corporation, where applicable.
[21/99; 47/2004; S 243/2004; 46/2007]