Singapore legislation
Section 126
Section 126
Issue of subsidiary strata certificates of title for flats with subsisting leases registered under Land Titles Act
(1)
Where there are subsisting leases of flats registered under the Land Titles Act (Cap. 157), the registered proprietors of the flats who altogether own not less than 25% of the total number of flats comprised in the building erected on the same parcel of land together with the registered proprietor of the land on which the said flats are erected may lodge with the Registrar a transfer of the estate and interest of the registered proprietor of the land to all the registered proprietors of the flats as tenants-in-common in the shares according to the ratio of one share to each flat together with an application for the issue of subsidiary strata certificates of title for the flats.
(2)
Where the flats in the building are of different sizes, the shares in the land to be allotted to the registered proprietor of each flat shall have the values determined by the Registrar .
(3)
An application submitted under subsection (1) shall be accompanied by a strata title plan (as approved by the Chief Surveyor) prepared for the purpose of the issue of subsidiary strata certificates of title for the flats.
(4)
The Registrar may, upon acceptance of the instruments and strata title plan and being satisfied that the instruments and strata title plan are in order, register all the registered proprietors of the flats as the proprietors of the registered land as tenants-in-common and issue the subsidiary strata certificates of title according to the strata title application and the strata title plan lodged and dispense with the production of the duplicate leases of the flats.
(5)
Where the registered proprietors of the flats who altogether own not less than 25% of the total number of flats comprised in the building erected on the parcel of land have agreed in writing to accept the transfer of all the estate and interest of the registered proprietor in the land, all the remaining registered proprietors of the flats in the same building shall be deemed to have accepted the transfer and deemed to have applied for the issue of subsidiary strata certificates of title for the flats.
(6)
Before issuing subsidiary strata certificates of title in favour of the registered proprietors of the flats as shown in the records of the Land Titles Registry, the Registrar shall —
require a notice in the form approved by him to be inserted once in one or more daily newspapers to the effect that the Registrar will issue the subsidiary strata certificates of title under this section to the registered proprietors of the flats as shown in the records maintained at the Land Titles Registry after the expiration of 6 weeks from the date of publication of the notice if no valid objection is received by the Registrar; and
send by registered post a copy of the notice referred to in paragraph (a) to the registered proprietors of all the flats at the addresses shown in the records of the Land Titles Registry or in the transfer lodged under subsection (1) where the addresses differ from that shown in the records of the Land Titles Registry.
(7)
Notwithstanding subsections (1), (2) and (3), the Registrar may, in order to relieve any case of extreme hardship, in his discretion, issue any subsidiary strata certificate of title in favour of a purchaser of a flat whose transfer of the leasehold estate of the flats has been duly stamped and lodged with him, notwithstanding that the name of the purchaser was not shown in the transfer lodged under subsection (1).
(8)
The Registrar may, under subsection (4), issue the subsidiary strata certificates of title qualified as to their title or their boundaries and dimensions, and sections 25 and 165 of the Land Titles Act (Cap. 157) shall apply, with the necessary modifications, to such subsidiary strata certificates of title.
(9)
Upon the registration of the strata title plan, the management corporation of the parcel of land shall reimburse the person or persons who incurred any expenditure for the purpose of —
applying for the issue of subsidiary strata certificates of title for all those flats comprised in a building or buildings erected on the parcel;
lodging the transfer under subsection (1);
the preparation of the strata title plan for the parcel;
the publication of the notices referred to in subsection (6)(a); and
issuing notices to the proprietors of the flats under subsection (6)(b).
(10)
It shall be the duty of the management corporation to determine the amount of contributions payable by the subsidiary proprietors of the lots in the subdivided building concerned to its management fund to meet the expenditure referred to in subsection (9) and any contributions so levied by the management corporation shall be deemed to be contributions levied under section 48(1)(r).
(11)
For the purposes of this section, where the registered proprietor of the land on which the building is erected has granted leases for some of but not all the flats in the building , he shall be deemed the registered proprietor of the flats which are still owned by him.