Section 31
Provisional lots
of Land Titles (Strata) Act 1967
(1)
An assurance of any provisional lot for which a subsidiary strata certificate of title is issued must not be registered under this Act and the Registrar must enter an appropriate caution on the relevant subsidiary strata certificate of title prohibiting any assurance of the provisional lot comprised therein from being registered.
(2)
Where an assurance of any provisional lot has been registered, the registration does not pass any title or interest in the said provisional lot, and the Registrar must, on discovery of the registration, cancel the registration, and no person affected by such cancellation is entitled to any compensation from the assurance fund.
(3)
The subsidiary proprietor of a provisional lot is required to lodge the relevant duplicate subsidiary strata certificate of title and an application with the Registrar for the cancellation of the Registrar’s caution mentioned in subsection (1) immediately after the relevant authority has certified to the effect that all buildings within the provisional lot have been completed to the satisfaction of the relevant authority.
(4)
The Registrar, after receipt of the application lodged for cancellation of the Registrar’s caution mentioned in subsection (1) and being satisfied that all buildings within the provisional lot have been completed to the satisfaction of the relevant authority, must cancel the caution endorsed on the subsidiary strata certificate of title and make the appropriate deletion of the word “provisional” wherever it appears as relating to that provisional lot in the records maintained by the Registrar, and thereupon that provisional lot constitutes a lot under this Act.
(5)
Where the word “provisional” has been deleted by the Registrar under subsection (4), any part of the lot which is capable of forming part of the common property comprised within the same parcel as shown in the strata title plan which was first registered with the Registrar forms part of the common property in relation to all the lots comprised within the same parcel as described in the strata title plan 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 part of the lot to form part of the common property.
(6)
Except as provided in subsections (1), (2) and (3), the provisions of this Act relating to a lot apply in all respects to a provisional lot.
(7)
In this section, “assurance” does not include any mortgage or charge or any application for vesting made under this Act.