In forceAmended2020 Revised Edition

Contents

Building (Strata Management) Act 2004 · 2020 Revised Edition · Part 4 · Dealings in Strata Subdivided Buildings

11. Schedule of strata units must be accepted by Commissioner before sale can start

Amended

Last amended by an amending law of 2017.

(1)

The owner developer of a development must not sell any lot or proposed lot in the development with a share value unless a schedule of strata units or an amended schedule of strata units (as the case may be) showing that share value of the lot or proposed lot has been filed with and accepted by the Commissioner under this section.

(2)

[Deleted by Act 35 of 2017]

(3)

Every schedule of strata units and amended schedule of strata units must be filed with the Commissioner in the prescribed form and manner and be accompanied by the prescribed fee.

(4)

[Deleted by Act 35 of 2017]

(5)

The Commissioner may accept a schedule of strata units filed under this section, or an amended schedule of strata units filed under section 12, if and only if the Commissioner is satisfied that the proposed share values or range of proposed share values allotted to all the lots or proposed lots in the schedule of strata units or the amended schedule of strata units (as the case may be) are allocated in a just and equitable manner.

(6)

[Deleted by Act 35 of 2017]

(7)

Within 6 weeks after any schedule of strata units or amended schedule of strata units for a development is filed with the Commissioner, the Commissioner must either —

(a)

notify the owner developer concerned in writing of the Commissioner’s acceptance of that schedule; or

(b)

notify the owner developer concerned that the Commissioner rejects that schedule, stating his or her reasons for objecting to the allocation of share values therein.

(8)

Every contract for the sale of any lot or proposed lot in a development is deemed to include a term that the owner developer of the development has agreed to sell an undivided share in the land on which the lot or proposed lot is or is to be erected with a value determined in accordance with the proposed share values assigned to each lot or proposed lot shown in the schedule of strata units or amended schedule of strata units (as the case may be) for the development last accepted by the Commissioner before the execution of that contract.

Terms defined in s 2

Commissioner
Defined · s 2
“Commissioner” means the Commissioner of Buildings appointed under section 3(1), and includes any other officer appointed under section 3(3) to exercise the powers or perform the duties imposed on the Commissioner;
Open s 2
development
Defined · s 2
“development” means any parcel on which any building is being or to be constructed;
Open s 2
land
Defined · s 2
“land” has the meaning given by the Land Titles Act 1993;
Open s 2
lot
Defined · s 2
“lot” means any stratum within a parcel comprised in a strata title plan and which —(a)is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose; and(b)is shown as a lot on the strata title plan,and includes a lot specified as an accessory lot on any such plan;
Open s 2
owner developer
Defined · s 2
“owner developer” means any person who, immediately before the constitution of a management corporation for any parcel comprised in a strata title plan, is registered as the proprietor of the parcel shown in the strata title plan, and includes any administrator, executor, mortgagee in possession, liquidator, successor in title or assign of such person;
Open s 2
proposed lot
Defined · s 2
“proposed lot” means any stratum in a development on a parcel to be comprised in a strata title plan and which —(a)is intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose; and(b)is to be shown as a lot on the strata title plan for that development;
Open s 2
schedule of strata units
Defined · s 2
“schedule of strata units”, in relation to any parcel, means the schedule of strata units showing the share values for each lot or proposed lot in that parcel, and includes any amended schedule of strata units;
Open s 2
share value
Defined · s 2
“share value”, in respect of a lot or proposed lot, means the share value of that lot or proposed lot as shown in the schedule of strata units;
Open s 2