In forceAmended2020 Revised Edition

Contents

Land Titles (Strata) Act 1967 · 2020 Revised Edition · Part 2 · Subdivision and Subsidiary Strata Land-Register

6. Dealings with subdivided building

Amended

Last amended by an amending law of 2021. 2 amendments in all.

(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)

a strata title application in the approved form for the issue of subsidiary strata certificates of title has been lodged with the Registrar;

(b)

a strata title plan has been lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act 1998; and

(c)

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 —

“assurance” includes any transaction to be registered under the Land Titles Act 1993;

“charge” includes a charge mentioned in section 21 of the Central Provident Fund Act 1953;

“Registrar of Deeds” means the Registrar of Deeds appointed under the Registration of Deeds Act 1988.

Terms defined in s 3

assurance
Defined · s 3
“assurance” includes any transfer, lease, charge, mortgage, transmission application or any other application for vesting made under this Act;
Open s 3
building
Defined · s 3
“building” includes —(a)any building partially completed;(b)where applicable, any building to be erected within a stratum shown or specified in any strata subdivision plan submitted to the relevant authority for approval; or(c)any building to be erected which is authorised for strata subdivision under a notification made by the Minister under section 21(6) of the Planning Act 1998;
Open s 3
flat
Defined · s 3
“flat” means a horizontal stratum of any building or part thereof, whether such stratum is on one or more levels or is partially or wholly below the surface of the ground, which is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose, and may be comprised in a lot, or in part of any subdivided building not shown in a registered strata title plan;
Open s 3
land
Defined · s 3
“land” has the meaning given by the Land Titles Act 1993;
Open s 3
proprietor
Defined · s 3
“proprietor”, in relation to land comprised in a strata title plan, means the person who was the proprietor of that land immediately before the registration of the strata title application for that plan under section 9;
Open s 3
Registrar
Defined · s 3
“Registrar” means the Registrar of Titles appointed under the Land Titles Act 1993;
Open s 3
strata title plan
Defined · s 3
“strata title plan” means a plan of registered land which —(a)is described in the title or heading thereto as a strata title plan;(b)shows the whole or any part of the land comprised therein as being divided into 2 or more strata, whether or not any stratum is divided into 2 or more lots; and(c)contains the particulars prescribed under the Boundaries and Survey Maps Act 1998,and includes a strata title plan for redevelopment of any lot in a strata title plan registered under this Act;
Open s 3
subdivided building
Defined · s 3
“subdivided building” means —(a)any one or more buildings comprised in a strata subdivision plan approved by the relevant authority; or(b)any building or class of buildings authorised for strata subdivision under a notification made by the Minister under section 21(6) of the Planning Act 1998;
Open s 3

Report

Read on from s 7

Part 3

Rights and Obligations of Subsidiary Proprietor

Read on from Part 3

Part 4

Read on from Part 4

Part 5

Variation or Termination of Strata Subdivision Scheme

Read on from Part 5

Part 5A

Collective Sale of Property

Read on from Part 5A

Part 6

Read on from Part 6

Part 7

General

Read on from Part 7

Part 8

Issue of Subsidiary Certificates of Title for Flats Under Other Schemes and Issue of Subsidiary Strata Certificates of Title

Read on from Part 8

Part 9

Miscellaneous

Read on from Part 9

Schedules

Read on from Schedules