Singapore legislation
Section 12
Section 12
Schedule of strata units not to be changed once accepted
(1)
Where a schedule of strata units for a development has been filed and accepted by the Commissioner under section 11, the owner developer of the development must not make any change to any share value in the schedule of strata units, the area of any lot or proposed lot in the development or any part of the common property or limited common property (if any) of the development unless the owner developer has filed an amended schedule of strata units with the Commissioner and the Commissioner accepts that amended schedule of strata units.
(2)
[Deleted by Act 35 of 2017]
(3)
Subsection (1) applies even where the owner developer of the development —
intends to change the area of any lot or proposed lot within the development which has not been sold and such change does not result in a different aggregate share value for the development;
intends to effect a minor adjustment to the share value assigned to any lot or proposed lot within the development that has been sold, being an adjustment necessitated by an increase or a shortfall in the area of the lot or proposed lot after it has been surveyed on its completion; or
intends otherwise to change the share value assigned to any lot or proposed lot within the development with the consent of the purchaser of that lot or proposed lot.
(4)
Without affecting subsections (1) and (3), where a schedule of strata units for a development has been filed and accepted by the Commissioner under section 11, the share value assigned to any lot or proposed lot in the development in that schedule of strata units may be altered after the lot or proposed lot is sold only —
with the consent of the purchaser of the lot or proposed lot, unless the alteration to the share value is a minor adjustment necessitated by an increase or a shortfall in the area of the lot or proposed lot after it has been surveyed on its completion;
after the passing of any of the following resolutions:
a 90% resolution under section 34(1) to execute on behalf of its subsidiary proprietors a transfer of any part of common property as provided in section 23 of the Land Titles (Strata) Act 1967;
a special resolution under section 34(3) to create additional common property;
the respective special resolutions under section 34(5) to amalgamate the common properties of 2 or more management corporations; or
in connection with the registration of a strata title application for redevelopment under section 12 of the Land Titles (Strata) Act 1967.
(5)
The Commissioner may accept an amended schedule of strata units that is filed to alter a schedule of strata units for a development in the circumstances mentioned in subsection (4), if and only if the Commissioner is satisfied that the proposed share values allotted to the lot or lots affected are allocated in a just and equitable manner.