Singapore legislation
Section 7
Section 7
Flats not to be sold unless schedule of strata units is filed with and accepted by Commissioner
(1)
Where planning permission has been granted by the relevant authority in respect of any proposed development of land intended for strata subdivision after the completion of any building thereon, the registered proprietor thereof shall not sell any flat in the development (whether erected or in the course of erection) unless a schedule of strata units showing the proposed share values to be allotted to all the flats in the development has been filed with and accepted by the Commissioner.
(2)
A schedule of strata units filed by the registered proprietor of any land under subsection (1) shall not be accepted by the Commissioner for filing unless he is satisfied that the proposed share values allotted to all the flats set out in the schedule are allocated in a just and equitable manner.
(3)
Where a schedule of strata units has been filed under subsection (1), the Commissioner shall consult with the Registrar before accepting the schedule for filing under this section.
(4)
Where a schedule of strata units has been filed under subsection (1), the Commissioner shall within 6 weeks of the filing of the schedule —
notify the registered proprietor in writing of his acceptance of the schedule; or
where he is not satisfied with the allocation of the share values in the schedule, notify the registered proprietor that the schedule has not been accepted and state his objections to the allocation of the share values in the schedule.
(5)
Where a schedule of strata units has been rejected by the Commissioner under subsection (4), the registered proprietor shall file an amended schedule with the Commissioner and subsection (4) shall apply to any amended schedule filed under this subsection.
(6)
The share value assigned to a flat in a development that has been sold by the proprietor of the development shall not be changed without the consent of the purchaser except that the purchaser’s consent is not required for any minor adjustment to the share value which is necessitated by an increase or shortfall in the area of the flat after it has been surveyed on its completion.
(7)
Where a schedule of strata units has been filed under this section, the proprietor of the development may make changes to the areas of the flats that have not been sold provided that the aggregate share value of the development is not changed.
(8)
The proprietor of a development shall inform the Commissioner of any proposed changes and of any changes to the common property in the proposed subdivided building and file with the Commissioner an amended schedule of strata units which shall take into account the proposed changes before making such changes.
(9)
For the purposes of this section, a developer is deemed to have sold a flat —
if, by an agreement in writing, he has agreed to convey, transfer, assign or otherwise dispose of his estate or interest in the flat to another person for valuable consideration or otherwise; or
if, by any deed or instrument, he has conveyed, assigned or otherwise disposed of his estate or interest in the flat.
(9A)
Subsection (9)(a) and (b) shall not apply to an agreement in writing or deed or instrument to grant or assign a leasehold term not exceeding 21 years without an option to renew or to purchase.
(10)
Every contract for the sale of a flat referred to in a schedule of strata units filed with the Commissioner under subsection (1) shall be deemed to have included therein a term that the registered proprietor of the land has agreed to sell an undivided share in the land on which the building is erected with a value determined in accordance with the proposed share values assigned to each flat shown in the schedule of strata units filed with and accepted by the Commissioner at any time prior to the execution of the contract for sale.
(11)
Any person who contravenes subsection (1), (8) or (15) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(12)
A schedule of strata units filed with and accepted by the Commissioner prior to 1st December 1987 shall be deemed to have been filed with and accepted by the Commissioner under subsection (1).
(13)
An amended schedule of strata units shall not be accepted by the Commissioner for filing purposes unless he is satisfied that the share values allotted to all the flats in a building referred to in the schedule are done so in a just and equitable manner.
(14)
Subsection (1) shall not apply where a purchaser has entered into a contract to dispose of a new flat in his proposed development project on the land to —
a subsidiary proprietor of a lot in a strata title plan under section 84A;
a registered proprietor of a flat in a development under section 84D, 84E or 84F;
a registered proprietor of a lot or a flat where the owners of all the lots and flats in the development have agreed to sell their lots or flats to the purchaser; or
a registered proprietor of land (other than a lot or flat) who has agreed to sell the land to the purchaser either by itself or together with the registered proprietors of any adjacent land,before the legal completion of the transfer for the lot, flat or land, as the case may be.
(15)
Where a purchaser referred to in subsection (14) has been registered as the proprietor of the lots, flats or land referred to in that subsection and has obtained planning permission from the competent authority in respect of any proposed development of the land intended for strata subdivision after the completion of any building thereon, he shall, within 6 months of obtaining the planning permission, file the schedule of strata units with the Commissioner in accordance with subsection (1) and shall not sell any other flat in the development before the share values are accepted by the Commissioner.
(16)
Subsections (2) to (10) and (13) shall apply, with the necessary modifications, to any development referred to in subsection (14), including the modification that subsection (6) shall apply to such a development after the Commissioner has accepted the schedule of strata units filed under subsection (15).