Section 12
Plan of redevelopment
of Land Titles (Strata) Act 1967
(1)
A subsidiary proprietor of a lot or of 2 or more lots who intends to subdivide that lot or amalgamate those lots may lodge a strata title application for redevelopment for registration with the Registrar after obtaining the relevant authority’s approval.
(2)
Where the subdivision of a lot or the amalgamation of 2 or more lots results in the creation of any additional or new common property, the subsidiary proprietor must obtain the approval of the management corporation before lodging the strata title application for redevelopment with the Registrar.
(3)
A strata title application for redevelopment must not be accepted by the Registrar unless an amended schedule of strata units showing the proposed share values to be allotted to the lot or lots affected by the redevelopment has been filed with and accepted by the Commissioner.
(3A)
In the proposed allotment of share values referred to in subsection (3) —
where a lot is subdivided, the aggregate share value of the proposed new lot or lots must be equal to the share value of the former lot; and
where 2 or more lots are amalgamated, the share value of the proposed new lot or lots must be equal to the aggregate share value of the former lots.
(4)
The Registrar must not be concerned to inquire whether a subsidiary proprietor has obtained the approval of the relevant authority or the management corporation under subsection (1) or (2).
(5)
A strata title application for redevelopment must not be registered unless —
it is in the approved form; and
the strata title plan for redevelopment has been lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act 1998.
(5A)
The strata title plan for redevelopment is deemed to be registered under the provisions of this Act on the date that the strata title application for redevelopment is registered by the Registrar.
(6)
On registration of the strata title application for redevelopment, parts of any lot which are capable of forming the common property as provided under this Act will form part of the common property, free from any encumbrances (except those created by statute and subsisting easements), in relation to all the lots comprised within the same parcel as described in the strata title plan first registered with the Registrar, without the need for a resolution made under section 25 directing the management corporation concerned to accept a transfer of such parts of a lot to form part of the common property.
(7)
On registration of the strata title application for redevelopment, the Registrar must make the appropriate amendment and entry on the relevant folios of the land-register and subsidiary strata land-register comprising the lot or lots shown in the strata title plan for redevelopment.
(8)
All other provisions of this Act relating to a strata title plan, a strata title application and a lot, so far as they are not inconsistent with the provisions of this section, apply to a strata title plan for redevelopment, a strata title application for redevelopment and any lot shown therein, respectively.