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Contents

Long Title

Part I PRELIMINARY

Part II SUBDIVISION AND SUBSIDIARY STRATA LAND-REGISTER

Part III RIGHTS AND OBLIGATIONS OF A SUBSIDIARY PROPRIETOR

Part IV MANAGEMENT OF THE SUBDIVIDED BUILDING

Division 1 — Management Corporations

Division 2 — Subsidiary Proprietors and other Occupiers of Lots

Division 3 — Councils

Division 4 — Managing Agents

Division 5 — Insurance

Part V VARIATION OR TERMINATION OF STRATA SUBDIVISION SCHEME

Part VI STRATA TITLES BOARDS

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

FIRST SCHEDULE By-laws

SECOND SCHEDULE Proceedings of the Councils of Management Corporations

THIRD SCHEDULE General Meetings of A Management Corporation

FOURTH SCHEDULE Transitional and Savings Provisions

Legislative History

 
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Land Titles (Strata) Act
(CHAPTER 158)

(Original Enactment: Act 41 of 1967)

REVISED EDITION 1988
(30th April 1988)
An Act to facilitate the subdivision of land into strata and the disposition of titles thereto and for purposes connected therewith.
[15th May 1968]
PART I
PRELIMINARY
Short title
1.  This Act may be cited as the Land Titles (Strata) Act.
Application
2.  Except as hereinafter provided, this Act applies only to registered land.
Interpretation
3.  In this Act, unless the context otherwise requires —
“accessory lot” means a lot intended for separate proprietorship and use with any other specified lot or lots for any purpose;
“assurance” includes any transfer, lease, charge, mortgage, transmission application or any other application for vesting made under this Act;
“building” includes any building partially completed or, where applicable, any building to be erected within a stratum shown or specified in any strata subdivision plan submitted to the relevant authority for approval;
“Commissioner” means the Commissioner of Buildings appointed under section 3 of the Buildings and Common Property (Maintenance and Management) Act [Cap. 30];
“common property”  —
(a)
in relation to subdivided buildings in an approved plan bearing the title of “condominium” and issued by the relevant authority, means so much of the land for the time being not comprised in any lot shown in a strata title plan or in any parts of any building unit (partially erected or to be erected) intended to be included as lots in a strata title plan to be lodged with the Registrar after strata subdivision of the building unit has been approved by the relevant authority;
(b)
in relation to any subdivided building which is comprised in any plan approved by the relevant authority other than a plan bearing the title of “condominium”, means so much of the land for the time being not comprised in any lot shown in a strata title plan; and
(c)
unless otherwise described specifically as comprised in any lot in a strata title plan and shown as capable of being comprised in such lot, includes —
(i)
foundations, columns, beams, supports, walls, roofs, lobbies, corridors, stairs, stairways, fire escapes, entrances and exits of the building and windows installed in the external walls of the building;
[16/87]
(ii)
car parks, recreational or community facilities, gardens, parking areas, roofs, storage spaces and rooms approved by the relevant authority for the use of a management corporation and its members;
(iii)
central and appurtenant installations for services such as power, light, gas, hot and cold water, heating, refrigeration, air-conditioning and incinerators;
(iv)
escalators, lifts, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use;
(v)
water pipes, drainage pipes, sewerage pipes, gas pipes and electrical cables which serve two or more lots;
[16/87]
(vi)
all facilities described as common property in any plan approved by the relevant authority for a condominium development and all facilities which may be shown in a legend of a strata title plan as common property; and
(vii)
all other parts of the land not comprised in any lot necessary or convenient to the existence and maintenance and for the reasonable common use and safety of the common property;
“company” includes —
(a)
any body of persons incorporated in or outside Singapore; or
(b)
an unincorporated society, association or other body which under the law of its place of origin may hold property in the name of the society, association or other body or in the name of its trustees, secretary or other officer duly appointed for that purpose;
[16/87]
“competent authority” means the competent authority appointed under section 3 of the Planning Act [Cap. 232];
“council”, in relation to a management corporation, means the council of that management corporation;
[16/87]
“flat” means a horizontal stratum of any building or part thereof, whether such stratum is on one or more levels or is partially or wholly below the surface of the ground, which is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose, and may be comprised in a lot, or in part of any subdivided building not shown in a registered strata title plan;
“initial period”, in relation to a management corporation, means the period of 24 months commencing on the day on which the management corporation is constituted or such other period as may be prescribed by regulations made under this Act in substitution for the said period of 24 months;
[16/87]
“land” means —
(a)
the surface of any defined parcel of the earth, all substances thereunder and so much of the column of airspace above the surface whether or not held apart from the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or
(b)
any parcel of airspace or any subterranean space held apart from the surface of the earth and described with certainty by reference to a plan approved by the Chief Surveyor and filed in the Survey Department, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto,
and where the context so permits, the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
[16/87]
“lot” means a stratum which is shown as a lot on a strata title plan, and includes a lot specified as an accessory lot on any such plan;
“management corporation”, in relation to any one or more subdivided buildings shown on a strata title plan, means the management corporation incorporated for those buildings pursuant to Part IV or pursuant to any corresponding previous written law;
[16/87]
“managing agent” means a managing agent appointed by a management corporation under section 68;
“Minister”  —
(a)
in relation to Part IV, means the Minister charged with the responsibility for administering the Buildings and Common Property (Maintenance and Management) Act [Cap. 30];
(b)
in relation to Parts I to III, and Parts V to VIII, means the Minister charged with the responsibility for administering this Act; and
(c)
in relation to Part IX, means either the Minister charged with the responsibility for administering the Buildings and Common Property (Maintenance and Management) Act or the Minister charged with the responsibility for administering this Act, as the case may be;
“parcel” means the whole of the registered land having a Government survey lot number and comprised in a strata title plan;
“proprietor”, in relation to land comprised in a strata title plan, means the person who was the proprietor of the land the subject of the strata title plan immediately before the registration of the strata title plan under section 9;
[16/87]
“provisional lot” means a lot within which one or more buildings or parts of any building are to be erected or completed and is shown as a provisional lot in a strata title plan and in any other record maintained by the Registrar;
“registered land” means land which has been brought under the provisions of the Land Titles Act [Cap. 157], by being included in a folio of the land-register, and held by the registered proprietor for an estate in fee simple or perpetuity, or for a leasehold estate comprised in a Crown or State lease or any other lease having an unexpired term of at least 21 years as at the date of the lodgment of a plan as a strata title plan under this Act;
“registered lease” means a lease registered under the provisions of the Land Titles Act;
“registered lessee”, in relation to any subdivided building not comprised in a strata title plan, means the registered proprietor of a leasehold estate in registered land comprising a flat which is shown in a plan annexed to a registered lease, having an unexpired term of not less than 21 years as at the date of the lodgment of an application by that registered proprietor for a subsidiary certificate of title;
“Registrar” means the Registrar of Titles appointed under the Land Titles Act [Cap. 157];
“relevant authority” means any one or more Government or statutory authorities empowered to approve plans for development or subdivision of any land or plans relating to the construction of any building under the Planning Act [Cap. 232] or under any other written law and includes the competent authority;
“share units”, in respect of a lot, means the share units determined for that lot according to its share value and shown as such in the schedule endorsed on the strata title plan;
“special resolution” means a resolution passed at a duly convened general meeting of a management corporation of which at least 21 days’ notice specifying the proposed resolution has been given and against which not more than one-quarter in value, ascertained in accordance with paragraph 9(2), (3) and (4) of the Third Schedule, of votes is cast;
[16/87]
“strata roll”, in relation to a subdivided building or buildings shown on a strata title plan, means the roll referred to in section 53 which relates to that plan;
“strata subdivision” includes a subdivision of land to comprise one or more strata units whether or not any strata unit is on the same level as any other strata unit;
“strata title plan” means a plan of registered land which —
(a)
is described in the title or heading thereto as a strata title plan;
(b)
shows the whole or any part of the land comprised therein as being divided into two or more strata, whether or not any stratum is divided into two or more lots; and
(c)
contains the particulars prescribed by section 10,
and includes a plan of resubdivision of any lot in a strata title plan registered under this Act;
“strata units” means the units allotted to any building or buildings approved for development by the relevant authority and shown in a schedule of strata units to be filed with the Commissioner;
“stratum” means any part of land consisting of a space of any shape below, on or above the surface of the land, or partly below and partly above the surface of the land, the dimensions of which are delineated;
“subdivided building” means any one or more buildings comprised in a strata subdivision plan approved by the relevant authority;
“subsidiary certificate of title” means the subsidiary certificate of title issued under section 122;
“subsidiary proprietor” means —
(a)
the registered subsidiary proprietor for the time being of the entire estate in a lot including an estate for life, an estate in remainder or an estate in reversion; and
(b)
in relation to a lot where a lease has been granted, the registered subsidiary proprietor for the time being of a leasehold interest in a lot described in an instrument of lease whose unexpired term is not less than 21 years as from the date of lodgment of the instrument of lease for registration with the Registrar including such a lease registered prior to 1st December 1987;
[S 309/87]
[16/87]
“subsidiary strata certificate of title” means the subsidiary strata certificate of title issued under this Act;
“unanimous resolution” means a resolution which is passed at a duly convened general meeting of a management corporation of which at least 21 days’ notice specifying the proposed resolution has been given and against which no vote is cast.
[16/87]
[23/82]
Application of Land Titles Act
4.  The Land Titles Act [Cap. 157] and the rules made thereunder, insofar as they are not inconsistent with the provisions of this Act or of any rules made thereunder, apply in all respects to land registered in any folio of the subsidiary strata land-register.