Section 6
Dealings with subdivided building
of Land Titles (Strata) Act 1967
(1)
Subject to this section and except in the case where under section 22 of the Land Titles Act 1993 the Registrar has directed that any building may be dealt with in parts under the provisions of the Registration of Deeds Act 1988, an assurance (except mortgages, charges, reconveyances or discharges of subsisting mortgages or charges, vesting orders issued by the General Division of the High Court and any assurance made pursuant to a power of sale conferred by any written law) disposing of any part of a subdivided building must not be registered under the Land Titles Act 1993 or the Registration of Deeds Act 1988.
(1A)
The Registrar or the Registrar of Deeds (as the case may be) has the power to refuse to register that assurance or, where the assurance has been registered in contravention of subsection (1), cancel that registration upon the discovery thereof.
(2)
An assurance disposing of any part of a subdivided building may be lodged for registration under the provisions of this Act where —
a strata title application in the approved form for the issue of subsidiary strata certificates of title has been lodged with the Registrar;
a strata title plan has been lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act 1998; and
the Registrar has registered the strata title application lodged under paragraph (a) and has issued the subsidiary strata certificates of title applied for.
(3)
This section does not apply to any building or class of buildings specified by the Minister by notification in the Gazette.
(4)
Where a notification has been made under subsection (3), the Minister may at any time cancel the notification when the registered proprietor of the land on which the building is erected has, with the approval of the Minister, transferred all the estate and interest in such land to the lessees of the registered leasehold estate of the subdivided parts of the building as tenants-in-common in accordance with the terms and conditions of the leases granted in respect of the subdivided parts of the building.
(5)
Subject to sections 125, 125A, 126 and 127, this section does not apply to any building where, on 15 April 1976, a flat forming part of that building has been disposed of by the proprietor thereof by a lease registered under the Land Titles Act 1993 or the Registration of Deeds Act 1988, and the registered leasehold interest is vested in any person other than the proprietor.
(6)
In this section —
Definition
“assurance” includes any transaction to be registered under the Land Titles Act 1993;
Definition
“charge” includes a charge mentioned in section 21 of the Central Provident Fund Act 1953;
Definition
“Registrar of Deeds” means the Registrar of Deeds appointed under the Registration of Deeds Act 1988.