Land Titles (Strata) Act 1967 · 2020 Revised Edition · Part 5 · Variation or Termination of Strata Subdivision Scheme
78. Termination of strata subdivision scheme by court
Feedback & supportLast amended by an amending law of 2012.
An application to the court for an order for the termination of the strata subdivision of a subdivided building and the cancellation of the strata title plan registered under this Act may be made by —
strata subdivision
“strata subdivision” includes a subdivision of land to comprise one or more strata units whether or not any strata unit is on the same level as any other strata unit;
any subsidiary proprietor of a lot in the subdivided building;
where such a lot is subject to a mortgage or a charge — the mortgagee or chargee; or
the management corporation.
The court on being satisfied that it is just and equitable that the strata subdivision of a subdivided building be terminated may make an order to that effect after having considered —
subdivided building
“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;
the scheme and intent of this Act;
the probability of unfairness to one or more subsidiary proprietors if termination of subdivision is not ordered; and
the rights and interests of the subsidiary proprietors as a whole.
Notice of an application under subsection (1) must be served, in accordance with the Rules of Court, on —
every person referred to in subsection (1), other than the applicant;
the Commissioner;
the Registrar;
any person having a reversionary estate or interest in a lot in the subdivided building; and
such other persons (including creditors of the management corporation) as the court may direct.
The applicant and any person referred to in subsection (2) (whether or not the person has been served with a notice of the application) are entitled to appear and be heard on the hearing of the application.
An order made under subsection (1) takes effect on such day as may be specified in the order.
An order made under subsection (1) must include directions for or with respect to the following matters:
the sale or disposition of any property of the management corporation;
the discharge of the liabilities of the management corporation;
the persons liable to contribute moneys required for the discharge of the liabilities of the management corporation and the proportionate liability of each such person;
the distribution of the assets of the management corporation and the proportionate entitlement of each person under that distribution;
the administration, powers, duties and functions of the management corporation;
the voting power at meetings of the management corporation of persons referred to in paragraph (c) or (d);
any matter in respect of which it is, in the opinion of the court, just and equitable, in the circumstances of the case, to make provision in the order; and
the winding up of the management corporation (including the appointment, powers, duties and functions of any person to carry out the winding up).
Upon an order under this section taking effect —
the persons who, immediately before the order took effect, were subsidiary proprietors of the lots that are the subject of the strata title plan concerned, cease to be subsidiary proprietors of those lots and are entitled to the parcel as tenants-in-common in the shares proportional to their respective share values and for the same term and tenure as their respective lots were held by them prior to the date the order took effect;
any subsisting encumbrance registered against any of the lots mentioned in paragraph (a) is an encumbrance on the share of the subsidiary proprietor concerned in the registered land comprising the parcel, and a memorial or notification of the encumbrance entered in the volume and folio of the land comprising the registered land must bear the same date as the date of registration of that encumbrance against the lot;
all statutory easements implied under this Act cease to affect the registered land comprising the parcel or any part thereof; and
the former subsidiary proprietors have the power to transfer their interests and estates in the parcel or any part thereof.
The provisions of an order made under this section have effect despite any provision of this Act, other than this section.
An order made under subsection (1) has effect according to its tenor.
Where the court is of the opinion that an order should not be made under subsection (1), it may, upon application made by any person entitled to appear and be heard on the hearing of the application made under subsection (1) or of its own motion, direct that the application be treated as an application for an order under section 77.
Where the court makes a direction under subsection (9) —
the application that is the subject of the direction is deemed to be an application made under section 77 by a person entitled to make the application; and
the applicant under subsection (1), as well as any other person entitled to appear and be heard under section 77, is entitled to appear and be heard on the hearing of the application.
The court may, from time to time, vary any order made under subsection (1) on the application of any person who was entitled to appear and be heard on the hearing of the application for that order.
No application shall be made under this section where the only reason for the application by the subsidiary proprietors for the sale of all the lots and common property in a strata title plan is that they —
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.
have not been able to satisfy the requirement under section 84A(1) or 84FA(2);
have been able to satisfy the requirement under section 84A(1) or 84FA(2) but have not made an application to a Board under section 84A(1) or 84FA(2); or
have been able to satisfy the requirement under section 84A(1) or 84FA(2) but their application for an order under section 84A or 84FA has been refused by a Board.