Singapore legislation
Section 6
Section 6
Dealings with subdivided building
(1)
Subject to this section and except in the case where under section 23 of the Land Titles Act (Cap. 157) the Registrar has directed that any building may be dealt with in parts under the provisions of the Registration of Deeds Act (Cap. 269), no assurance (except mortgages, charges, reconveyances or discharges of subsisting mortgages or charges, vesting orders issued by the High Court and any assurance made pursuant to a power of sale conferred by any written law) disposing of any part of a subdivided building shall be registered under the Land Titles Act or the Registration of Deeds Act.
(1A)
The Registrar or the Registrar of Deeds, as the case may be, shall have the power to refuse to register that assurance or, where the assurance has been registered in contravention of subsection (1), cancel that registration upon the discovery thereof.
(2)
An assurance disposing of any part of a subdivided building may be lodged for registration under the provisions of this Act where —
a strata title plan duly certified in accordance with section 10 together with an application for the issue of subsidiary strata certificates of title has been lodged with the Registrar; and
the Registrar has registered the strata title plan and application lodged under paragraph (a) and has issued the subsidiary strata certificates of title applied for in the application.
(3)
This section shall not apply to any building or class of buildings specified by the Minister by notification in the Gazette.
(4)
Where a notification has been made under subsection (3), the Minister may at any time cancel the notification when the registered proprietor of the land on which the building is erected has, with the approval of the Minister, transferred all the estate and interest in such land to the lessees of the registered leasehold estate of the subdivided parts of the building as tenants-in-common in accordance with the terms and conditions of the leases granted in respect of the subdivided parts of the building.
(5)
Subject to sections 125, 126 and 127, this section shall not apply to any building where, on 15th April 1976, a flat forming part of that building has been disposed of by the proprietor thereof by a lease registered under the Land Titles Act (Cap. 157) or the Registration of Deeds Act (Cap. 269), and the registered leasehold interest is vested in any person other than the proprietor.
(6)
In this section —
Definition
“assurance” includes any transaction to be registered under the Land Titles Act;
Definition
“charge” includes a charge referred to in section 21 of the Central Provident Fund Act (Cap. 36);
Definition
“Registrar of Deeds” means the Registrar of Deeds appointed under the Registration of Deeds Act.