Land Titles (Strata) Act 1967 · 2020 Revised Edition · Part 3 · Rights and Obligations of Subsidiary Proprietor
31. Provisional lots
Feedback & supportAn 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.
assurance
“assurance” includes any transfer, lease, charge, mortgage, transmission application or any other application for vesting made under this Act;
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.
provisional lot
“provisional lot” means a lot within which one or more buildings or parts of any building are to be erected or completed and is shown as a provisional lot in a strata title plan and in any other record maintained by the Registrar;
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.
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;
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.
Registrar
“Registrar” means the Registrar of Titles appointed under the Land Titles Act 1993;
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.
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;
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.
In this section, “assurance” does not include any mortgage or charge or any application for vesting made under this Act.