In forceAmended2020 Revised Edition

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

12. Schedule of strata units not to be changed once accepted

Amended

Last amended by an amending law of 2017.

(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 —

(a)

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;

(b)

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

(c)

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 —

(a)

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;

(b)

after the passing of any of the following resolutions:

(i)

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;

(ii)

a special resolution under section 34(3) to create additional common property;

(iii)

the respective special resolutions under section 34(5) to amalgamate the common properties of 2 or more management corporations; or

(c)

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.

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;
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common property
Defined · s 2
“common property”, subject to subsection (9), means —(a)in relation to any land and building comprised or to be comprised in a strata title plan, such part of the land and building —(i)not comprised in any lot or proposed lot in that strata title plan; and(ii)used or capable of being used or enjoyed by occupiers of 2 or more lots or proposed lots; (b)in relation to any other land and building, such part of the land and building —(i)not comprised in any non-strata lot; and(ii)used or capable of being used or enjoyed by occupiers of 2 or more non‑strata lots within that land or building; or (c)in relation to any land and building mentioned in paragraph (a) or (b), any of the following whether or not comprised in a lot, proposed lot or non‑strata lot:(i)the pipes, wires, cables or ducts which are used, or capable of being used or enjoyed, by occupiers of 2 or more lots, proposed lots or non‑strata lots (as the case may be) within that land or building, or are used or capable of being used for the servicing or enjoyment of the common property;(ii)the cubic space enclosed by a structure enclosing pipes, wires, cables or ducts mentioned in sub‑paragraph (i);(iii)any structural element of the building;(iv)the waterproof membrane attached to an external wall or a roof;Examples(a)A foundation, load‑bearing wall, column or beam, a shear core, strut, ground anchor, slab (not including any layer that is the underlayment or the flooring finishing), truss and common staircase.(b)An external wall, or a roof or façade of a building which is used or enjoyed, or capable of being used or enjoyed, by occupiers of 2 or more lots, proposed lots or non‑strata lots.(c)A garden, sporting or recreational facility, car park or parking area for other vehicles, none of which are comprised in a lot, proposed lot or non‑strata lot.(d)A central air conditioning system and its appurtenances, and a fire sprinkler protection system and its appurtenances.(e)Any chute, pipe, wire, cable, duct or facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating or cooling systems, or any other similar services.
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development
Defined · s 2
“development” means any parcel on which any building is being or to be constructed;
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land
Defined · s 2
“land” has the meaning given by the Land Titles Act 1993;
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limited common property
Defined · s 2
“limited common property” means such part of the common property in a parcel that is —(a)in the case of common property to be comprised in a strata title plan — designated in the sale and purchase agreement of any proposed lot in the parcel for the exclusive benefit of the purchasers of 2 or more (but not all) of those proposed lots in the parcel; or(b)in the case of common property comprised in a strata title plan — designated in the strata title plan or a comprehensive resolution mentioned in section 78(2) for the exclusive benefit of the subsidiary proprietors of 2 or more (but not all) lots in that strata title plan,but does not include —(c)the foundations, columns, beams, supports, walls, roofs of, and any window installed in any external wall of, any building within that parcel, whether or not they are comprised in any lot or proposed lot;(d)any chute, pipe, wire, cable, duct and other facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, not comprised in any lot or proposed lot and necessary for the common use of the occupiers of all lots or proposed lots in that parcel; and (e)all other windows of a lot or proposed lot that are located on any exterior wall of the lot or proposed lot;
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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;
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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;
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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;
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purchaser
Defined · s 2
“purchaser” means a person, other than an owner developer, who enters into an agreement to purchase a lot or proposed lot but to whom the lot or proposed lot has not been conveyed or assigned;
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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;
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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;
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