Section 8
Notification of planning condition on land-register, etc.
of Land Titles (Strata) Act 1967
(1)
Where planning permission has been granted by the competent authority for the development of any land subject to the condition that 30% of the floor area of any building in the development must be owned by a single person for a period of 10 years from the date of the latest temporary occupation licence issued before the grant of the certificate of fitness in respect of the development, the competent authority must notify the Registrar of the planning permission and file with the Registrar the plans delineating the specified flats in any building comprising the aforesaid 30% of the floor area.
(2)
Where the Registrar has received the notice and plans mentioned in subsection (1) and the Registrar is satisfied that the plans adequately identify the flats comprised in the said 30% of the floor area of the development, the Registrar —
must enter the appropriate notification on the relevant folio of the land-register or subsidiary strata land-register; and
has the power to refuse to register any instrument disposing of any interest in any flat in contravention of the condition mentioned in subsection (1) when the instrument is presented for registration.
(3)
Where the Registrar has discovered that any instrument has been lodged for registration or has been finally registered in contravention of the condition mentioned in subsection (1), the Registrar must serve a written notice on the person who appears in the records of the Registrar as the party claiming under the said instrument of the Registrar’s intention to cancel the registration of the instrument and any instrument relating to the flats mentioned in subsection (1) and any relating entries in the records maintained by the Registrar.
(4)
On the expiration of the Registrar’s notice under subsection (3), the Registrar must without giving any further notice cancel the registration of the instruments mentioned in subsection (3) and all entries relating thereto.
(5)
The registered proprietor may lodge an application with the Registrar in the approved form for the cancellation of any notification made by the Registrar in the land-register or subsidiary strata land‑register under this section and the Registrar must cancel the notification if he or she is satisfied that the condition mentioned in subsection (1) has been fulfilled.