Land Titles (Strata) Act 1967 · 2020 Revised Edition · Part 2 · Subdivision and Subsidiary Strata Land-Register
13. Common property
Feedback & supportOn registration of the strata title application the Registrar must enter a memorial in the land-register on the volume and folio of the parcel to the effect that a subsidiary strata land-register has been created, and thereupon the common property is held by the subsidiary proprietors as tenants-in-common proportional to their respective share value and for the same term and tenure as their respective lots are held by them.
Registrar
“Registrar” means the Registrar of Titles appointed under the Land Titles Act 1993;
The Registrar on issuing a subsidiary strata certificate of title for a lot must certify therein the subsidiary proprietor’s share in the common property, but no subsidiary strata certificate of title is to be issued for the common property.
subsidiary strata certificate of title
“subsidiary strata certificate of title” means a subsidiary strata certificate of title issued under this Act;
Any share in the common property must not be disposed of except as appurtenant to the lot of the subsidiary proprietor and any assurance of a lot operates to assure the share in the common property appurtenant to that lot without any express mention in the assurance.
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.
The certificate of title comprising the parcel must be retained by the Registrar after the issue of the relevant subsidiary strata certificates of title.
parcel
“parcel” means the whole of the registered land having a Government survey lot number and comprised in a strata title plan;
Where the subsidiary strata certificates of title were issued before 15 April 1976, the duplicate certificate of title comprising the parcel may be deposited with the Registrar.