Singapore legislation

Clause 29

of Land Titles (Strata) Bill

Clause 29

Termination of subdivision and strata subsidiary titles on destruction of subdivided building

(1)

For the purposes of this Act, a subdivided building shall be deemed to be destroyed on the happening of the following events:—

(a)

when the subsidiary proprietors by unanimous resolution resolve that the subdivided building be destroyed; or

(b)

when on an application made by the management corporation, a subsidiary proprietor or a registered mortgagee, the court, on being satisfied that having regard to the rights and interests of the subsidiary proprietors as a whole it is just and equitable that the subdivided building shall be deemed to have been destroyed, makes a declaration to that effect.

(2)

(a)

Upon destruction of the subdivided building the management corporation shall forthwith lodge with the Registrar a notice of such destruction in the prescribed form.

(b)

On receipt of such notice the Registrar shall enter a notification of the destruction of the subdivided building and a memorial of the vesting of the parcel in the subsidiary proprietors as tenants in common in the registered strata title plan and in the volume and folium of the land-register comprising the parcel.

(c)

Upon the entry of such memorial —

(i)

each subsidiary proprietor shall cease to be a subsidiary proprietor of the lot, and shall be entitled to the parcel as a tenant in common with the other subsidiary proprietors in the shares proportional to his share units and for the same term and tenure held by him in respect of his lot;

(ii)

any subsisting encumbrance registered against his lot shall be an encumbrance on his share in the registered land comprising the parcel, and a memorial or notification of the encumbrance entered in the volume and folium of the land‑register comprising such registered land shall bear the same date as the date of registration of such encumbrance against his lot.(d)The former subsidiary proprietors may by unanimous resolution direct the management corporation to transfer the parcel or any part thereof.(e)The management corporation, if it is satisfied that the resolution was duly passed, and that all persons having registered interests in the parcel have consented in writing to the release of their respective interests in the registered land comprising the parcel or any part thereof, intended to be transferred, shall execute the appropriate transfer, and the transfer shall be valid and effective without execution by any person having a registered interest in the parcel, and the receipt of the management corporation for any moneys payable to the management corporation under the transfer shall be a sufficient discharge, and shall exonerate the person taking under the transfer from seeing to the application or being answerable for any loss or misapplication of the moneys expressed to have been so received.(f)Every transfer executed by the management corporation pursuant to paragraph (e) of this subsection shall not be accepted for registration unless accompanied by a certificate in the prescribed form under the seal of the management corporation that the resolution was duly passed and that all necessary consents were given, and such certificate shall in favour of a purchaser of the parcel and in favour of the Registrar be conclusive evidence of the facts stated therein.

(3)

When registered land or any part thereof is transferred by a former subsidiary proprietor or the management corporation after a notice of destruction of the subdivided. building has been lodged with the Registrar —

(a)

the former subsidiary proprietor, if he is transferring, shall surrender to the Registrar his duplicate subsidiary strata certificate of title relating to his lot;

(b)

the management corporation, if it is transferring on behalf of all the former subsidiary proprietors, shall surrender to the Registrar on behalf of all the former subsidiary proprietors their duplicate subsidiary strata certificates of title; and

(c)

the Registrar, on receipt of the duplicate subsidiary strata certificate or certificates of title comprising the lot or lots, as the case may be, shall cancel the respective folium of the subsidiary strata land-register, and registration of the transfer shall be effected by the Registrar issuing a certificate of title for the undivided share in the registered land or for the whole of the registered land transferred to the transferee, as the case may be.

(4)

Notwithstanding the termination of a subdivision under this section the relevant record of the subsidiary strata land-register may be used in evidence as a record of matters relating to the subdivision before its termination so long as the management corporation shall continue in existence.

(5)

On transfer of the parcel pursuant to a direction under paragraph (d) of subsection (2) of this section the management corporation shall continue in existence for so long as is reasonably necessary to wind up its affairs and shall then be dissolved, and the Registrar shall cancel the relevant record of the subsidiary strata land-register.

(6)

The court, on the application of the management corporation or its administrator, a former subsidiary proprietor or a former mortgagee, may by order make provision for the winding up of the affairs of the management corporation.

(7)

In this section —

Definition

“former mortgagee” means a person who, or a body which, immediately before the subdivision of a subdivided building is terminated under this section, is the registered mortgagee of a lot, forming part of the subdivided building;

Definition

“former subsidiary proprietor” means a person who, or a body which, immediately before the subdivision of a subdivided building is terminated under this section, is the subsidiary proprietor of a lot, forming part of the subdivided building.

Clause 29 — Land Titles (Strata) Bill | laws.sg