Land Titles (Strata) (Amendment) Bill

In the Land Titles (Strata) Act 1967 (called in this Act the principal Act), in section 84A —

replace subsection (1) with —“(1) An application for an order for the sale of all the lots and common property in a strata title plan may be made by the subsidiary proprietors of lots in the strata title plan —

whose lots have in aggregate the percentage of the share values and the percentage of the total area of all the lots (excluding the area of any accessory lot) as shown in the subsidiary strata certificates of title, which are respectively not less than the threshold percentages specified in the second and third columns of the following table opposite the age of the development (as determined in accordance with section 84FE) specified in the first column of that table: First columnSecond columnThird column Age of developmentThreshold percentage in respect of share values of all lots Threshold percentage in respect of total area of all lots (excluding area of any accessory lot) Less than 10 years90%90% At least 10 years but less than 40 years80%80% At least 40 years but less than 60 years70%70% 60 years or more65%65% ; and (b)who have agreed in writing to sell all the lots and common property in the strata title plan to a purchaser under a sale and purchase agreement which specifies the proposed method of distributing the proceeds of sale (whether in cash or kind, or both) to all the subsidiary proprietors of the lots in the strata title plan, subject to an order being made under subsection (6) or (7).”;

in subsections (2A)(b) and (4A), delete “under subsection (6A)(b)”; (c)in subsection (2B), replace “under subsection (6A)(b) in relation to” with “in respect of”;

in subsection (4), replace “such longer period as the Board allows in exceptional circumstances, whether before or after the end of the 21 days” with “any longer period that the Board allows (whether before or after the end of the 21 days) in exceptional circumstances”;

in subsection (4A), replace “referred to” with “mentioned”;

in subsection (6), replace “under subsection (1) to a Board and no objection” with “to a Board under subsection (1) for an order for a sale and no objection to the sale”;

in subsection (6A), replace “under subsection (1) to a Board, and one or more objections have been filed under subsection (4) in relation to that application” with “to a Board under subsection (1) for an order for a sale, and one or more objections to the sale have been filed under subsection (4)”;

in subsection (6A)(b), delete “(called in this section a section 84A stop order)”;

in subsection (6B), replace “No section 84A stop order shall be made by a Board under subsection (6A)(b) with respect to an application made to it” with “A section 84A stop order must not be issued with respect to an application made to a Board”;

in subsection (6B)(a), replace “make” with “issue”;

in subsection (6B)(b), replace “the notice under paragraph (a) is so served, one or more of those objections so filed are not withdrawn” with “service of the notice under paragraph (a), one or more of those objections are not withdrawn”;

in subsection (7), replace “have been filed under subsection (4A) in respect of an application under subsection (1) to the General Division of the High Court” with “to a sale have been re‑filed under subsection (4A) in relation to an application to the General Division of the High Court under subsection (1)”; (m)in subsection (7), replace paragraphs (a) and (b) with —“(a)a subsidiary proprietor of any lot in the strata title plan who has re‑filed an objection under subsection (4A) will incur a financial loss; or

the proceeds of sale for any lot in the strata title plan to be received by any of the following persons who has re‑filed an objection under subsection (4A) are insufficient to redeem any mortgage or charge in respect of the lot: (i)a subsidiary proprietor of the lot; (ii)a mortgagee or chargee mentioned in subsection (4)(b).”; (n)in subsection (7A), replace “an objector, being a subsidiary proprietor who has filed” with “a subsidiary proprietor of a lot who has re‑filed”;

in subsection (7B), replace “0.25%” with “0.5%”;

in subsection (7C), replace “or 84FA(2)” with “, 84FA(2) or 84FC(3)”;

replace subsection (8) with —“(8) For the purposes of subsection (7)(a), a subsidiary proprietor of a lot —

is taken to have incurred a financial loss if the proceeds of sale for the subsidiary proprietor’s lot, after any deduction allowed by the General Division of the High Court (including all or any of the deductions specified in the Fourth Schedule), are less than the price the subsidiary proprietor paid for that lot, except where the subsidiary proprietor purchased the lot after a collective sale committee had signed a sale and purchase agreement to sell all the lots and common property in the strata title plan to a purchaser; and

is not to be taken to have incurred a financial loss by reason only that the subsidiary proprietor’s net gain from the sale of the subsidiary proprietor’s lot will be less than the net gain from the sale of any other lot in the strata title plan.”;

in subsection (9)(a)(i)(B), after “sale”, insert “to the subsidiary proprietors of the lots”; (s)in subsection (10), after “under subsection (4) to a Board or”, insert “re‑filed”; (t)delete subsections (14) and (14A); and

replace subsection (15) with —“(15) In this section —“section 84A stop order” means an order by a Board under subsection (6A)(b) for the discontinuance of all proceedings before it in connection with an application to the Board under subsection (1);“subsidiary proprietor” includes a successor in title.”.

In the principal Act, in section 84D —

replace subsection (2) with —“(2) An application for an order for the sale of all the flats and the land in a development to which this section applies may be made by the proprietors of flats in the development who —

own in aggregate the percentage of the share of the land and the percentage of the total area of all the flats in the development, which are respectively not less than the threshold percentages specified in the second and third columns of the following table opposite the age of the development (as determined in accordance with section 84FE) specified in the first column of that table: First columnSecond columnThird column Age of developmentThreshold percentage in respect of share of landThreshold percentage in respect of total area of all flats Less than 10 years90%90% At least 10 years but less than 40 years80%80% At least 40 years but less than 60 years70%70% 60 years or more65%65% ; and (b)have agreed in writing to sell all the flats and the land in the development to a purchaser under a sale and purchase agreement which specifies the proposed method of distributing the proceeds of sale (whether in cash or kind, or both) to all the proprietors of the flats in the development, subject to an order being made under subsection (4) or (5).”;

in subsections (2A)(b) and (3A), delete “under subsection (4A)(b)”;

in subsection (2B), replace “under subsection (4A)(b) in relation to” with “in respect of”;

in subsection (3), replace “such longer period as the Board allows in exceptional circumstances, whether before or after the end of the 21 days” with “any longer period that the Board allows (whether before or after the end of the 21 days) in exceptional circumstances”;

in subsection (3A), replace “referred to” with “mentioned”; (f)in subsection (4), replace “and no objection” with “for an order for a sale and no objection to the sale”;

in subsection (4A), replace “under subsection (2) to a Board, and one or more objections have been filed under subsection (3) in relation to that application” with “to a Board under subsection (2) for an order for a sale, and one or more objections to the sale have been filed under subsection (3)”;

in subsection (4A)(b), delete “(called in this section a section 84D stop order)”;

in subsection (4B), replace “made by a Board under subsection (4A)(b) with respect to an application made to it” with “issued with respect to an application made to a Board”; (j)in subsection (4B)(a), replace “make” with “issue”; (k)in subsection (4B)(b), replace “the notice under paragraph (a) is so served, one or more of those objections so filed are not withdrawn” with “service of the notice under paragraph (a), one or more of those objections are not withdrawn”;

in subsection (5), replace “have been filed under subsection (3A) in respect of” with “to a sale have been re‑filed under subsection (3A) in relation to”;

in subsection (5), replace paragraphs (a) and (b) with —“(a)a proprietor of any flat in the development who has re‑filed an objection under subsection (3A) will incur a financial loss; or

the proceeds of sale for any flat in the development to be received by any of the following persons who has re‑filed an objection under subsection (3A) are insufficient to redeem any mortgage or charge in respect of the flat: (i)a proprietor of the flat; (ii)a mortgagee or chargee mentioned in subsection (3)(b).”;

in subsection (5A), replace “an objector, being a proprietor who has filed” with “a proprietor of a flat who has re‑filed”;

in subsection (5B), replace “0.25%” with “0.5%”;

replace subsection (6) with —“(6) For the purposes of subsection (5)(a), a proprietor of a flat —

is taken to have incurred a financial loss if the proceeds of sale for the proprietor’s flat, after any deduction allowed by the General Division of the High Court (including all or any of the deductions specified in the Fourth Schedule), are less than the price the proprietor paid for that flat, except where the proprietor purchased the flat after a collective sale committee had signed a sale and purchase agreement to sell all the flats and land in the development to a purchaser; and

is not to be taken to have incurred a financial loss by reason only that the proprietor’s net gain from the sale of the proprietor’s flat will be less than the net gain from the sale of any other flat in the development.”;

in subsection (7)(a)(i)(B), after “sale”, insert “to the proprietors of the flats”;

in subsection (8), after “under subsection (3) to a Board or”, insert “re‑filed”; (s)in subsection (9), delete “(8)(a), (b) and (c),”; and

replace subsection (10) with —“(10) In this section, “section 84D stop order” means an order by a Board under subsection (4A)(b) for the discontinuance of all proceedings before it in connection with an application to the Board under subsection (2).”.

In the principal Act, in section 84E —

replace subsection (1) with —“(1) This section applies to a development where —

all the subsisting leases in respect of the flats in the development —

are registered under the Registration of Deeds Act 1988 or the Land Titles Act 1993; and

are each for a leasehold tenure of 850 years or more, or for any other tenure specified by the Minister by notification in the Gazette; and

the proprietors of the flats with the subsisting leases mentioned in paragraph (a) do not own the land comprised in the development.”;

in subsection (2), after “25% of the flats”, insert “in a development”; (c)in subsection (2), after “each of the flats”, insert a comma;

replace subsection (3) with —“(3) An application for an order for the sale of all the flats and the land in a development to which this section applies may be made by the proprietors of flats in the development who —

own in aggregate the percentage of the notional share of the land and the percentage of the total area of all the flats in the development, which are respectively not less than the threshold percentages specified in the second and third columns of the following table opposite the age of the development (as determined in accordance with section 84FE) specified in the first column of that table: First columnSecond columnThird column Age of developmentThreshold percentage in respect of notional share of landThreshold percentage in respect of total area of all flats Less than 10 years90%90% At least 10 years but less than 40 years80%80% At least 40 years but less than 60 years70%70% 60 years or more65%65% ; and (b)have agreed in writing to sell all the flats in the development to a purchaser under a sale and purchase agreement which specifies the proposed method of distributing the proceeds of sale (whether in cash or kind, or both) to all the proprietors of the flats in the development, subject to an order being made under subsection (6) or (7).”;

in subsections (3A)(b) and (5A), delete “under subsection (6A)(b)”; (f)in subsection (3B), replace “under subsection (6A)(b) in relation to” with “in respect of”;

in subsection (5), replace “such longer period as the Board allows in exceptional circumstances, whether before or after the end of the 21 days” with “any longer period that the Board allows (whether before or after the end of the 21 days) in exceptional circumstances”;

in subsection (5A), replace “referred to” with “mentioned”;

in subsection (6), replace “and no objection” with “for an order for a sale and no objection to the sale”;

in subsection (6A), replace “under subsection (3) to a Board, and one or more objections have been filed under subsection (5) in relation to that application” with “to a Board under subsection (3) for an order for a sale, and one or more objections to the sale have been filed under subsection (5)”;

in subsection (6A)(b), delete “(called in this section a section 84E stop order)”;

in subsection (6B), replace “made by a Board under subsection (6A)(b) with respect to an application made to it” with “issued with respect to an application made to a Board”; (m)in subsection (6B)(a), replace “make” with “issue”; (n)in subsection (6B)(b), replace “the notice under paragraph (a) is so served, one or more of those objections so filed are not withdrawn” with “service of the notice under paragraph (a), one or more of those objections are not withdrawn”;

in subsection (7), replace “have been filed under subsection (5A) in respect of” with “to a sale have been re‑filed under subsection (5A) in relation to”;

in subsection (7), replace paragraphs (a) and (b) with —“(a)a proprietor of any flat in the development who has re‑filed an objection under subsection (5A) will incur a financial loss; or

the proceeds of sale for any flat in the development to be received by any of the following persons who has re‑filed an objection under subsection (5A) are insufficient to redeem any mortgage or charge in respect of the flat: (i)a proprietor of the flat; (ii)a mortgagee or chargee mentioned in subsection (5)(b).”; (q)in subsection (7A), replace “an objector, being a proprietor who has filed an objection under subsection (5)”, with “a proprietor of a flat who has re‑filed an objection under subsection (5A)”; (r)in subsection (7B), replace “0.25%” with “0.5%”;

replace subsection (8) with —“(8) For the purposes of subsection (7)(a), a proprietor of a flat —

is taken to have incurred a financial loss if the proceeds of sale for the proprietor’s flat, after any deduction allowed by the General Division of the High Court (including all or any of the deductions specified in the Fourth Schedule), are less than the price the proprietor paid for that flat, except where the proprietor purchased the flat after a collective sale committee had signed a sale and purchase agreement to sell all the flats in the development to a purchaser; and

is not to be taken to have incurred a financial loss by reason only that the proprietor’s net gain from the sale of the proprietor’s flat will be less than the net gain from the sale of any other flat in the development.”;

in subsection (9)(a)(i)(B), after “sale”, insert “to the proprietors of the flats”;

in subsection (10), after “under subsection (5) to a Board or”, insert “re‑filed”;

in subsections (11) and (14A), replace “deemed to be owned by the proprietor under” with “mentioned in”; (w)in subsection (12), after “section 84A(2)”, insert “(read with subsection (15))”;

replace subsection (14) with —“(14) The proprietor of the land comprised in the development is deemed to be the proprietor of the flats in the development in respect of which there are no subsisting leases registered under the Registration of Deeds Act 1988 or the Land Titles Act 1993.”;

in subsection (14A)(a), replace “which are still owned by that proprietor” with “mentioned in subsection (14)”; (z)in subsection (15), delete “(8)(a), (b) and (c),”; and

replace subsection (16) with —“(16) In this section, “section 84E stop order” means an order by a Board under subsection (6A)(b) for the discontinuance of all proceedings before it in connection with an application to the Board under subsection (3).”.

In the principal Act, in section 84F —

replace subsection (1) with —“(1) This section applies to a development where —

all the subsisting leases in respect of the flats in the development —

are registered under the Registration of Deeds Act 1988 or the Land Titles Act 1993; and

are each for a leasehold tenure of 850 years or more, or for any other tenure specified by the Minister by notification in the Gazette; and

the proprietors of the flats with the subsisting leases mentioned in paragraph (a) do not own the land comprised in the development.”;

in subsection (2), after “cash or kind”, insert a comma; and

in subsection (7), replace “, (14B) and (16)” with “and (14B)”.

In the principal Act, in section 84FA —

replace subsections (1) and (2) with —“(1) This section applies where —

there are subsisting leases registered under the Land Titles Act 1993 of all or some of the lots in a strata title plan; and

all the subsisting leases mentioned in paragraph (a) are each for a leasehold tenure of 850 years or more, or for any other tenure specified by the Minister by notification in the Gazette.

An application for an order for the sale of all the lots and common property in a strata title plan to which this section applies may be made by the subsidiary proprietors of lots in the strata title plan —

whose lots have in aggregate the percentage of the share values and the percentage of the total area of all the lots (excluding the area of any accessory lot) as shown in the subsidiary strata certificates of title, which are respectively not less than the threshold percentages specified in the second and third columns of the following table opposite the age of the development (as determined in accordance with section 84FE) specified in the first column of that table: First columnSecond columnThird column Age of developmentThreshold percentage in respect of share values of all lots Threshold percentage in respect of total area of all lots (excluding area of any accessory lot) Less than 10 years90%90% At least 10 years but less than 40 years80%80% At least 40 years but less than 60 years70%70% 60 years or more65%65% ; and (b)who have agreed in writing to sell all the lots and common property in the strata title plan to a purchaser under a sale and purchase agreement which specifies the proposed method of distributing the proceeds of sale (whether in cash or kind, or both) to all the subsidiary proprietors of the lots in the strata title plan, subject to an order being made under subsection (5) or (6).”;

in subsections (2A)(b) and (4A), delete “under subsection (5A)(b)”;

replace subsection (2B) with —“(2B) An application to the General Division of the High Court under subsection (2) for an order for the sale of all the lots and common property in a strata title plan to which this section applies must be made within 14 days after a section 84FA stop order is issued by a Board in respect of the same sale.”;

in subsection (4), replace “such longer period as the Board allows in exceptional circumstances, whether before or after the end of the 21 days” with “any longer period that the Board allows (whether before or after the end of the 21 days) in exceptional circumstances”;

in subsection (4A), replace “referred to” with “mentioned”;

in subsection (5), replace “and no objection” with “for an order for a sale and no objection to the sale”;

in subsection (5A), replace “under subsection (2) to a Board, and one or more objections have been filed under subsection (4) in relation to that application” with “to a Board under subsection (2) for an order for a sale, and one or more objections to the sale have been filed under subsection (4)”;

in subsection (5A)(b), delete “(called in this section a section 84FA stop order)”;

in subsection (5B), replace “made by a Board under subsection (5A)(b) with respect to an application made to it” with “issued with respect to an application made to a Board”;

in subsection (5B)(a), replace “make” with “issue”;

in subsection (5B)(b), replace “the notice under paragraph (a) is so served, one or more of those objections so filed are not withdrawn” with “service of the notice under paragraph (a), one or more of those objections are not withdrawn”;

in subsection (6), replace “have been filed under subsection (4A) in respect of” with “to a sale have been re‑filed under subsection (4A) in relation to”;

in subsection (6), replace paragraphs (a) and (b) with —“(a)a subsidiary proprietor of any lot in the strata title plan who has re‑filed an objection under subsection (4A) will incur a financial loss; or

the proceeds of sale for any lot in the strata title plan to be received by any of the following persons who has re‑filed an objection under subsection (4A) are insufficient to redeem any mortgage or charge in respect of the lot: (i)a subsidiary proprietor of the lot; (ii)a mortgagee or chargee mentioned in subsection (4)(b).”;

in subsection (7), replace “an objector, being a subsidiary proprietor who has filed” with “a subsidiary proprietor of a lot who has re‑filed”;

in subsection (8), replace “0.25%” with “0.5%”;

after subsection (8), insert —“(8A) For the purposes of subsection (6)(a), a subsidiary proprietor of a lot —

is taken to have incurred a financial loss if the proceeds of sale for the subsidiary proprietor’s lot, after any deduction allowed by the General Division of the High Court (including all or any of the deductions specified in the Fourth Schedule), are less than the price the subsidiary proprietor paid for that lot, except where the subsidiary proprietor purchased the lot after a collective sale committee had signed a sale and purchase agreement to sell all the lots and common property in the strata title plan to a purchaser; and

is not to be taken to have incurred a financial loss by reason only that the subsidiary proprietor’s net gain from the sale of the subsidiary proprietor’s lot will be less than the net gain from the sale of any other lot in the strata title plan.”;

in subsection (9)(a)(i)(B), after “sale”, insert “to the subsidiary proprietors of the lots”; (r)in subsection (10), after “under subsection (4) to a Board or”, insert “re‑filed”; (s)in subsection (12), after “section 84A(2)”, insert “(read with subsection (16))”;

in subsection (16), delete “(8)(a), (b) and (c),”; and

in subsection (17), before the definition of “subsidiary proprietor”, insert —“ “section 84FA stop order” means an order by a Board under subsection (5A)(b) for the discontinuance of all proceedings before it in connection with an application to the Board under subsection (2);”.

In the principal Act, in section 84FB —

replace subsection (1) with —“(1) This section applies where —

there are subsisting leases registered under the Land Titles Act 1993 of all or some of the lots in a strata title plan; and

all the subsisting leases mentioned in paragraph (a) are each for a leasehold tenure of 850 years or more, or for any other tenure specified by the Minister by notification in the Gazette.”; and

in subsection (2), after “cash or kind”, insert a comma.