Singapore legislation

Clause 24

of Land Titles (Strata) (Amendment) Bill

Clause 24

New sections 32A, 32B, 32C, 32D and 32E

The principal Act is hereby amended by inserting immediately after section 32 thereof the following new sections: —“Special provisions for disposal of flats by the Jurong Town Corporation32A.—

(1)

The restriction relating to an assurance of any part of any subdivided building (including a flat) imposed by subsection (1) of section 6 of this Act shall not apply to any such assurance made by the Jurong Town Corporation.(2) Where a strata title plan and an application for the issue of subsidiary strata certificates of title are lodged by the Jurong Town Corporation with and duly registered by the Registrar, the provisions of this Act relating to a registered strata title plan and a subsidiary proprietor and Part IV of this Act shall apply to each and every subdivided building comprised in the registered strata title plan.(3) In this section “Jurong Town Corporation” means the Jurong Town Corporation incorporated under the Jurong Town Corporation Act (Cap. 209).Special provisions for bringing land, in respect of which flats erected thereon are registered in the Registry of Deeds, under the provisions of the Land Titles Act32B.—

(1)

Where there are subsisting leases of flats registered under the provisions of the Registration of Deeds Act (Cap. 281) and the registered proprietor of the land on which the flats are erected is not the registered proprietor of all the flats such proprietor of the land may lodge an application with the Registrar to have the land on which the flats are erected brought under the provisions of the Land Titles Act (Cap. 276).(2) When an application is lodged under subsection (1) of this section the registered proprietor shall deposit with the Registrar the title deeds in his possession relating to the land.(3) The Registrar may, after inspection of the title deeds, create a folio of the land-register by issuing a qualified certificate of title for the land on which the flats are erected, and upon such issue the Registrar shall enter a notification on the relevant volume and folio of the land-register (when created) of the subsisting registered leases of the flats.(4) Where a qualified certificate of title has been issued under the provisions of subsection (3) of this section, the registered proprietor of the registered land in whose favour the qualified certificate of title has been issued may with the approval of the Commissioner transfer at his expense his entire registered estate or interest in his land to the registered proprietors of the flats erected on such land as tenants in common —

(a)

in the proportion as to the number of flat units erected on the said land; or

(b)

in the event of any objection in writing being lodged with the Registrar within sixty days, in the proportion as agreed upon in writing by the registered proprietors of the flats entitled to not less than fifty-one per cent of the number of flat units.(5) All the registered proprietors of the flats shall be bound to accept the transfer of the estate or interest in the land in the shares as directed by the Commissioner pursuant to subsection (4) of this section.(6) No share of the estate or interest in the registered land shall be disposed of except as appurtenant to the flat unit of the registered proprietor registered under the provisions of the Registration of Deeds Act (Cap. 281), and no assignment of a leasehold estate or an interest in the flat unit shall operate to pass such leasehold estate or interest to the assignee intended to take under the assignment unless the relevant undivided share in the registered land made appurtenant to the flat unit has been transferred to the assignee and the instrument of transfer of such undivided share has also been registered with the Registrar at the same time when the assignment of the flat unit is presented for registration with the Registrar of Deeds.Special provisions for the issue of subsidiary strata certificates of title for flats registered under the Registration of Deeds Act32C.—

(1)

Where there are subsisting leases of flats registered under the Registration of Deeds Act, the registered proprietors of the flats who altogether own not less than fifty-one per cent of the number of flat units comprised in the building erected on the same parcel of land together with the registered owner of the land on which the said flats are erected may lodge with the Registrar —

(a)

in the case where the land has not been brought under the provisions of the Land Titles Act (Cap. 276) and transferred to the registered proprietors of the flats, an application to have the land brought under the provisions of the Land Titles Act accompanied with a transfer of the said land from the registered proprietor of the land to all the registered proprietors of the flats as tenants in common in the shares as may be agreed upon by a majority of such registered proprietors; and

(b)

an application for the issue of strata certificates of title for the flat units together with a strata title plan (as approved by the Chief Surveyor) for the issue of subsidiary strata certificates of title for the flat units.(2) The Registrar upon acceptance of the instruments and strata title plan may require the title deeds to the land in the possession of the registered proprietor of the land and to the flats in the possession of the flat owners to be produced for his inspection before he issues a qualified certificate of title for the land and the subsidiary strata certificate of title according to the strata title application and the strata title plan lodged.(3) The Registrar before issuing subsidiary strata certificates of title in favour of the registered proprietors of the flats as shown in the records of the Registry of Deeds may 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 pursuant to the application lodged and in accordance with the records maintained at the Registry of Deeds after the expiration of six weeks from the date of publication of the notice if no valid objection is made at the Land Titles Registry.(4) Where the registered proprietors of the flats who altogether own not less than fifty-one per cent of the flat units comprised in the building erected on the parcel of land have agreed to accept the transfer of the said land from the registered proprietor of the land all the remaining registered proprietors of the flat units in the same building shall be bound to accept the transfer.Special provisions for the issue of Subsidiary Strata Certificates of Title for flats registered under the Land Titles Act32D.—

(1)

Where there are subsisting leases of flats registered under the Land Titles Act (Cap. 276), the registered proprietors of the flats who altogether own not less than fifty-one per cent of the number of flat units comprised in the building erected on the same parcel of land together with the registered owner of the land on which the said flats are erected may lodge with the Registrar a transfer of the said land from the registered proprietor of the land to all the registered proprietors of the flats as tenants in common in the shares as may be agreed upon by a majority of such registered proprietors together with an application for the issue of subsidiary strata certificates of title for the flat units and a strata title plan (as approved by the Chief Surveyor).(2) The Registrar may, upon acceptance of the instruments and strata title plan if he is 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 in the shares as agreed upon by the majority of such registered proprietors and issue the subsidiary strata certificates of title according to the strata title application and the strata title plan lodged.(3) Where the registered proprietors of the flats who altogether own not less than fifty-one per cent of the flat units comprised in the building erected on the parcel of land have agreed to accept the transfer of land from the registered proprietor of the land, all the remaining registered proprietors of the flat units in the same building shall be bound to accept the transfer.Effect of the issue of qualified certificate of title and of subsidiary strata certificates of title32E.—

(1)

Upon the issue of a qualified certificate of title for the land pursuant to sections 32B and 32C of this Act, all the provisions of the Land Titles Act relating to a qualified certificate of title except subsections (1), (2) and (6) of section 12 of that Act shall apply to the land comprised therein.(2) Upon the issue of the subsidiary strata certificates of title for the flats pursuant to sections 32C and 32D of this Act all the provisions in the leases of the flats registered under the provisions of the Registration of Deeds Act (Cap. 281) and the Land Titles Act (Cap. 276) shall cease to apply to the flats except in respect of any terms, covenants and conditions which were subsisting prior to the date of the issue of the subsidiary strata certificates of title in so far as they relate to any obligations which have yet to be fulfilled or any cause of action which had arisen as between the registered proprietors of the flats themselves and as between the registered proprietors of the flats and the registered proprietors of the land on which the flats are erected.(3) The qualified certificate of title issued under section 32B or 32C of this Act may, if the circumstances so require, be qualified as to boundaries and dimensions, and the provisions of subsections (3) and (4) of section 144 of the Land Titles Act shall, mutatis mutandis, apply thereto.”.