Singapore legislation
Section 81
Section 81
Transfer of additional floor area
(1)
Where the floor area of a flat is increased as a result of any upgrading works carried out by the Board under this Part, the title to the additional floor area vests in the owner of the flat in the following manner:
where the additional floor area of the flat is constructed over land registered under the Registration of Deeds Act 1988 — the title to the additional floor area vests for the same estate and interest as that subsisting over the flat in the owner for the time being of the flat upon the acceptance by the Registrar of Deeds of the notice of vesting of the additional floor area presented by the Board for notification in the Registry of Deeds; and
where the additional floor area of the flat is constructed over land registered under the Land Titles Act 1993 — the title to the additional floor area vests in the registered proprietor or owner for the time being of the subsidiary strata lot comprising the flat for the same estate and interest subsisting in respect of that subsidiary strata lot upon the acceptance by the Registrar of Titles of an instrument to vest the additional floor area presented by the Board for notification in the Registry of Titles.
(2)
For the purposes of recording the vesting of the title to the additional floor area of a flat under subsection (1), the Registrar of Deeds or the Registrar of Titles (as the case may be) must notify such additional floor area in the books of the Registry of Deeds or on the affected lease of the flat or on the relevant folio of the land-register, as the case may be.
(3)
Where there is a subsisting mortgage, charge or other encumbrance on a flat, the additional floor area of the flat forms part of the security of the mortgage subject to the same terms and conditions stipulated therein upon the acceptance by the Registrar of Deeds or the Registrar of Titles (as the case may be) of the notice of vesting of the additional floor area or the instrument to vest the additional floor area presented by the Board for notification in the Registry of Deeds or Registry of Titles.
(4)
Any transfer or dealing in respect of a flat on or after the acceptance by the Registrar of Deeds or the Registrar of Titles (as the case may be) of the notice of vesting of the additional floor area of the flat or the instrument to vest the additional floor area of the flat presented by the Board for notification in the Registry of Deeds or Registry of Titles is deemed to include the additional floor area.
(5)
Any power exercised by the Board under section 78 or 79 in respect of any flat is deemed to have been properly exercised and the Registrar of Titles, the Registrar of Deeds and any purchaser of the flat need not be concerned to inquire into the regularity or validity of the exercise of the power.
(6)
For the purposes of notification or registration of any instrument under this section, the Registrar of Deeds or the Registrar of Titles (as the case may be) may dispense with the production of the duplicate lease of the flat or the duplicate subsidiary certificate of title in respect of the flat, as the case may be.[65G