Singapore legislation

Clause 3

of Land Titles (Strata) (Amendment) Bill

Clause 3

Repeal and re-enactment of section 6

Section 6 of the principal Act is hereby repealed and the following substituted therefor: —“Dealings with subdivided building6.—

(1)

Subject to the provisions of this section and except in the case where pursuant to section 13 of the Land Titles Act (Cap. 276) the Registrar has directed that any building may be dealt with in parts under the provisions of the Registration of Deeds Act (Cap. 281), no assurance (except 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 and 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 this subsection, 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)

a strata title plan duly certified in accordance with the provisions of section 8 of this Act together with an application for the issue of subsidiary strata certificates of title has been lodged with the Registrar; and

(b)

the Registrar has registered the strata title plan and application lodged pursuant to paragraph (a) of this subsection and has issued the subsidiary strata certificates of title applied for in the application.(3) The provisions of 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) of this section, 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 sub-divided parts of the building.(5) Subject to the provisions of sections 32C and 32D of this Act, the provisions of this section shall not apply to any building where, at the date of the commencement of the Land Titles (Strata) (Amendment) Act, 1975, a flat forming part of that building has been disposed of by the proprietor thereof by a lease registered under the Land Titles Act or the Registration of Deeds Act, and the registered leasehold interest is vested in any person other than the proprietor.(6) In this section —“assurance” includes any transaction to be registered under the Land Titles Act;“Registrar of Deeds” means the Registrar of Deeds appointed under the Registration of Deeds Act.”.