On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 31/07/2009.
FIRST SCHEDULE
Requirements under Section 84A, 84D, 84E or 84FA
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 to be accurate;
(d)
advertise in the 4 official languages the particulars of the 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 registered post enclosing a copy each of the following documents:
(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)
place a notice in the mail boxes of all the subsidiary proprietors of all the lots and common property in the strata title plan concerned or all proprietors of all the flats in the development concerned, as the case may be, notifying them of the proposed application, the notice sent under sub-paragraph (e) and the address to which it was sent, and that copies of the documents in that sub-paragraph may also be obtained from the marketing agent or the collective sale committee;
(g)
place a notice in the mail boxes of all the subsidiary proprietors of all the lots and common property in the strata title plan concerned or all proprietors of all the flats in the development concerned, as the case may be, notifying the lessees of the subsidiary proprietors or proprietors of the proposed application and of their right to file an application to the Board to determine the amount of compensation payable under the lease; and
(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.
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 .
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.
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 before 5 p.m. on the last day of the cooling-off period.
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 copy of the application 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, if an order for sale is granted by the Board under section 84A, 84D, 84E or 84FA, register the order of the Board in accordance with this Act, the Land Titles Act or the Registration of Deeds Act, as the case may be, or if the order for sale is not granted by the Board, apply to cancel the application 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; S243/2004; 46/2007]