Land Titles (Strata) Act 1967 · 2020 Revised Edition · Schedules
Schedule 1 · Requirements under section 84A, 84D, 84E or 84FA
Feedback & supportFIRST SCHEDULESections 84A(3), (4), (7C), (13) and (14), 84D(3), 84E(4) and (5) and 84FA(3) and (4)Requirements under section 84A, 84D, 84E or 84FA1. Before making an application to a Board, the subsidiary proprietors mentioned in section 84A(1) or 84FA(2) or the proprietors of flats mentioned in section 84D(2) or 84E(3) (as the case may be) must —
Board
“Board” means a Strata Titles Board constituted under the Building Maintenance and Strata Management Act 2004;
execute within the permitted time but in no case more than 12 months before the date the application is made, a collective sale agreement in writing among themselves (whether or not with other subsidiary proprietors or proprietors) agreeing to agree to collectively sell —
in the case of an application under section 84A or 84FA — all the lots and common property in a strata title plan; or
common property
“common property”, subject to subsection (2), 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.
in the case of an application under section 84D or 84E — all the flats and the land in a development to which section 84D or 84E (as the case may be) applies;
affix to a conspicuous part of each building comprised in the strata title plan or the development to which section 84D or 84E applies (as the case may be) a notice in the 4 official languages specifying —
building
“building” includes —(a)any building partially completed;(b)where applicable, any building to be erected within a stratum shown or specified in any strata subdivision plan submitted to the relevant authority for approval; or(c)any building to be erected which is authorised for strata subdivision under a notification made by the Minister under section 21(6) of the Planning Act 1998;
the number of lots and number of subsidiary proprietors or the number of flats and number of proprietors (as the case may be) who, immediately before the date of the notice, have signed the collective sale agreement; and
the proportion (in percentage) that the total share value and the total area of the lots as shown in the subsidiary strata certificates of title of such subsidiary proprietors’ lots bear to the total share value and total area of all lots comprised in that strata title plan, or the total share or total notional share of the land and total area of the flats of such proprietors bear to the total share or notional share of all proprietors and total area of all the flats in that land and the development concerned, as the case may be,within 4 weeks after the start of the permitted time and thereafter at intervals of not more than 4 weeks from the date of the last notice under this sub-paragraph;
ensure that the notice in sub-paragraph (b) does not include any subsidiary proprietor who has served or is entitled to serve a notice of rescission under paragraph 6 and that the notice in that sub-paragraph is certified by the advocate and solicitor appointed by the collective sale committee or in accordance with paragraph 7(1)(a) in the Third Schedule, whichever is applicable, to be accurate;
subsidiary proprietor
“subsidiary proprietor” means —(a)the registered subsidiary proprietor for the time being of the entire estate in a lot including an estate for life, an estate in remainder or an estate in reversion; and(b)in relation to a lot where a lease has been granted, the registered subsidiary proprietor for the time being of a leasehold interest in a lot described in an instrument of lease whose unexpired term is not less than 21 years as from the date of lodgment of the instrument of lease for registration with the Registrar including such a lease registered prior to 1 December 1987;
advertise in the 4 official languages the particulars of the proposed application in such local newspapers as approved by the Board;
serve notice of the proposed application on all the subsidiary proprietors of all the lots and common property in the strata title plan concerned and (if applicable) on the subsidiary proprietors in reversion of the leasehold estate in the lots, or on all the proprietors of all flats in the development concerned (as the case may be) by letter by registered post notifying every one of them of the proposed application accompanied by a copy each of the following documents, and stating that copies of the documents may also be obtained from the marketing agent or the collective sale committee:
strata title plan
“strata title plan” means a plan of registered land which —(a)is described in the title or heading thereto as a strata title plan;(b)shows the whole or any part of the land comprised therein as being divided into 2 or more strata, whether or not any stratum is divided into 2 or more lots; and(c)contains the particulars prescribed under the Boundaries and Survey Maps Act 1998,and includes a strata title plan for redevelopment of any lot in a strata title plan registered under this Act;
the collective sale agreement mentioned in sub-paragraph (a);
the sale and purchase agreement which is to be the subject of the application to the Board;
a statutory declaration made by the purchaser under the sale and purchase agreement on the nature of the purchaser’s relationship (if any) or, if the purchaser is a body corporate, the nature of the relationship of every one of its directors (if any), to any subsidiary proprietor of any lot comprised in that strata title plan or any proprietor of any flat in the development, as the case may be;
proprietor
“proprietor”, in relation to land comprised in a strata title plan, means the person who was the proprietor of that land immediately before the registration of the strata title application for that plan under section 9;
the advertisement mentioned in sub-paragraph (d);
a valuation report from an independent valuer on the value of the development as at the date of the close of the public tender or auction; and
a report by an independent valuer on the proposed method of distributing the proceeds of the sale due under the sale and purchase agreement;
give further notice of the proposed application by post addressed to each lot in the strata title plan concerned or each flat in the development concerned (as the case may be) or by placing a copy of the notice in the respective mail boxes for each such lot or flat; and
lot
“lot” means a stratum which is shown as a lot on a strata title plan, and includes a lot specified as an accessory lot on any such plan;
[Deleted by Act 13 of 2010]
affix a copy of the notice mentioned in sub-paragraph (e), without the enclosed documents, in the 4 official languages to a conspicuous part of each building comprised in the strata title plan or the development, as the case may be.2.—
For the purposes of this Schedule —
the permitted time in relation to a collective sale agreement executed or to be executed by subsidiary proprietors or proprietors mentioned in section 84A(1), 84D(2), 84E(3) or 84FA(2), means a period —
starting from the date the first subsidiary proprietor or proprietor, or that subsidiary proprietor’s or proprietor’s duly appointed attorney, as the case may be, signs the collective sale agreement; and
ending not more than 12 months after the date the first subsidiary proprietor or proprietor, or that subsidiary proprietor’s or proprietor’s duly appointed attorney, as the case may be, signs the collective sale agreement; and
the collective sale agreement is regarded as executed notwithstanding that it is executed on separate copies thereof and at different times.
To avoid doubt, it is declared that any reference in sub-paragraph (1)(a) to the first subsidiary proprietor or proprietor who signs the collective sale agreement does not include a reference to a subsidiary proprietor who rescinds the subsidiary proprietor’s agreement to be party thereto in accordance with paragraphs 6 and 7.
3. The collective sale committee must provide a preface to the collective sale agreement stating the clause numbers and page numbers in which the following information are found:
the reserve price for the development;
the apportionment method for the proceeds of sale;
the fees payable to the advocate and solicitor, marketing agent and other person involved in handling the collective sale;
the amount of the compensation fund, if any;
the person entitled to any interest derived from moneys held by any stakeholder; and
the date of delivery of vacant possession of the lot or flat.
flat
“flat” means a horizontal stratum of any building or part thereof, whether such stratum is on one or more levels or is partially or wholly below the surface of the ground, which 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 may be comprised in a lot, or in part of any subdivided building not shown in a registered strata title plan;
4. The collective sale agreement must be signed by the subsidiary proprietor, and, if signed in Singapore, in the presence of an advocate and solicitor who has a valid practising certificate appointed by the collective sale committee or in accordance with paragraph 7(1)(a) in the Third Schedule, whichever is applicable.
5. The collective sale agreement must be accompanied by a notice, in the prescribed form, that may be used by the subsidiary proprietor to rescind the subsidiary proprietor’s agreement to be a party to the collective sale agreement.6.—
A subsidiary proprietor may rescind the subsidiary proprietor’s agreement to be a party to the collective sale agreement by serving a notice of rescission referred to in paragraph 5 within the cooling-off period which is a period of 5 days (excluding any day which is a Saturday, Sunday or public holiday) after the day on which the collective sale agreement was signed by the subsidiary proprietor.
To avoid doubt, it is declared that —
a subsidiary proprietor or proprietor who signs a collective sale agreement remains entitled to rescind the subsidiary proprietor’s or proprietor’s agreement to be a party thereto in accordance with sub-paragraph (1) even after the permitted time (as defined by paragraph 2) for the collective sale agreement has expired; and
any such subsidiary proprietor or proprietor who so rescinds the subsidiary proprietor’s or proprietor’s agreement to be a party to a collective sale agreement after the permitted time for the collective sale agreement has expired is, for the purposes of paragraph 1, not to be regarded as having executed the collective sale agreement within the permitted time.
7. The notice of rescission must be signed by the subsidiary proprietor and must be served personally on the advocate and solicitor appointed by the collective sale committee or in accordance with paragraph 7(1)(a) in the Third Schedule, whichever is applicable, before 5 p.m. on the last day of the cooling-off period.
8. A subsidiary proprietor is not entitled to serve a notice of rescission more than once for the same collective sale agreement.
9. The advertisement referred to in paragraph 1(d) must include —
information on the development;
brief details of the sale proposal; and
the place at which the affected parties can inspect documents for the collective sale.
10. The notice mentioned in paragraph 1(e) to be served by registered post must be served on the affected parties —
where the party is a subsidiary proprietor of a lot in the strata title plan — at the address as shown on the strata roll;
strata roll
“strata roll” has the meaning given by the Building Maintenance and Strata Management Act 2004;
where the party is a proprietor of a flat or land — at the last recorded address at the Land Titles Registry or Registry of Deeds;
Land Titles Registry
“Land Titles Registry” means the Land Titles Registry of the Authority;
where the party is a mortgagee, chargee or other person with an estate and interest in the lot or flat whose interest is notified on the land‑register or a subsidiary proprietor in reversion of the leasehold estate in a lot, that subsidiary proprietor’s mortgagee, chargee or other person with an estate or interest in the lot and whose interest is notified on the subsidiary strata land‑register — at the address on the strata roll or last recorded address at the Land Titles Registry or Registry of Deeds (as the case may be) provided that where such mortgagee, chargee, subsidiary proprietor in reversion or other person has an estate or interest in more than one lot or flat whose interest is notified on the land-register or subsidiary strata land-register, a single notice referring to the affected lots or flats and their respective subsidiary proprietors or proprietors suffices; and
where the party is a management corporation — at its address recorded on the folio of the land-register comprising the common property.
management corporation
“management corporation” means a management corporation constituted under this Act;
11. An application to a Board must be made by the subsidiary proprietors mentioned in section 84A(1) or 84FA(2) or the proprietors mentioned in section 84D(2) or 84E(3) within 14 days of the publication of the advertisement referred to in paragraph 1(d), enclosing —
the documents specified in paragraph 1(e);
a statutory declaration made by the representatives appointed under section 84A(2) or their solicitors stating —
the date the permitted time for the collective sale agreement started;
the date on which the collective sale agreement mentioned in paragraph 1(a) was last executed by any subsidiary proprietor or proprietor mentioned in section 84A(1), 84D(2), 84E(3) or 84FA(2), as the case may be;
the date or dates on which the notice or notices mentioned in paragraph 1(b) were affixed; and
that sub-paragraphs (c), (d), (e) and (h) of paragraph 1 have been complied with;
a list of the names of the subsidiary proprietors or proprietors who have not agreed in writing to the sale, their mortgagees, chargees, the subsidiary proprietors in reversion of the leasehold estate in the lots and other persons (other than lessees) with an estate or interest in the lots or flats whose interests are notified on the land-register or subsidiary strata land-register; and
such other document as the Board may require.
12. The Board must, within 5 days of the filing of an objection, serve a copy of it by registered post on the representatives appointed under section 84A(2) and their solicitors, if any.
13. The subsidiary proprietors mentioned in section 84A(1) or 84FA(2) or the proprietors mentioned in section 84D(2) or 84E(3) must, after making an application to the Board, cause a notification of the application being made to be registered under this Act, the Land Titles Act 1993 or the Registration of Deeds Act 1988, as the case may be.
14. The subsidiary proprietors or proprietors mentioned in paragraph 13 must —
if an order for sale is granted by the General Division of the High Court or a Board (as the case may be) under section 84A, 84D, 84E or 84FA — register the order of the General Division of the High Court or Board in accordance with this Act, the Land Titles Act 1993 or the Registration of Deeds Act 1988, as the case may be;
if the order for sale is not granted by a Board and no application is made to the General Division of the High Court within the time delimited by section 84A(2B), 84D(2B), 84E(3B) or 84FA(2B) — apply to cancel the notification registered under paragraph 13; or
if the order for sale is not granted by the General Division of the High Court — apply to cancel the notification registered under paragraph 13.
15. In this Schedule, “affected parties” means —
the subsidiary proprietors mentioned in section 84A(1) or 84FA(2) or the proprietors mentioned in section 84D(2) or 84E(3);
the subsidiary proprietors of the lots or the proprietors of the flats who have not agreed in writing to the sale, and any mortgagee, chargee and other person (other than a lessee) with an estate or interest in the lot or flat whose interest is notified on the land‑register;
the proprietor of the land under section 84E, that proprietor’s mortgagee, chargee or other person with an estate or interest in the land whose interest is notified on the land‑register;
the subsidiary proprietor in reversion of the leasehold estate in the lots under section 84FA, that subsidiary proprietor’s mortgagee, chargee or other person with an estate or interest in the lots and whose interest is notified on the subsidiary strata land‑register; and
the management corporation, where applicable.[13/2010; 40/2019; S 365/2010; S 111/2011]