Clause 8

This section applies to a development where —

there are subsisting leases of flats in the development registered under the Registration of Deeds Act 1988 or the Land Titles Act 1993 for a leasehold tenure of less than 850 years (or less than any other tenure specified by the Minister by notification in the Gazette for the purposes of section 84E(1)(a));

the proprietors of the flats with the subsisting leases registered as mentioned in paragraph (a) (whatever their leasehold tenure) do not own the land comprised in the development; and

all the flats with subsisting leases registered as mentioned in paragraph (a) (whatever their leasehold tenure) are used or intended to be used for residential purposes,but excludes any development on land owned by the Housing and Development Board.

The proprietors of 25% of the flats in a development to which this section applies may apply to the Registrar for notional shares in the land to be assigned to each of the flats, based on the method used by the Commissioner for the allocation of share values.

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 (9) or (12).

An application under subsection (3) for an order for the sale of all the flats and the land in a development to which this section applies —

must be made to a Board in the first instance; and

may be made to the General Division of the High Court thereafter if, and only if, a section 84FC stop order is issued by the Board with respect to the application to that Board in respect of the same sale.

An application to the General Division of the High Court under subsection (3) for an order for the sale of all the flats and the land in the development must be made within 14 days after a section 84FC stop order is issued by a Board in respect of the same sale.

The proprietors of the flats mentioned in subsection (3) must also serve a copy of the notice to be served pursuant to the First Schedule on the proprietor of the land and every mortgagee, chargee or other person with an estate or interest in the land and whose interest is notified on the land‑register for that land.

In the case of an application to a Board under subsection (3) for an order for the sale of all the flats and the land in the development, each of the following persons may file an objection to the sale, stating the grounds of objection, within 21 days after the date of the notice served pursuant to paragraph 1(e) of the First Schedule or any longer period that the Board allows (whether before or after the end of the 21 days) in exceptional circumstances:

a proprietor of any flat in the development who has not agreed in writing to the sale;

a mortgagee, chargee or other person (other than a lessee) with an estate or interest in the flat and whose interest is notified on the land‑register for that flat.

Where a section 84FC stop order is issued in respect of an application to a Board under subsection (3) for an order for the sale of all the flats and the land in a development to which this section applies, and an application is made to the General Division of the High Court under subsection (3) for an order for the same sale of all the flats and the land in the same development, any person mentioned in subsection (7)(a) or (b) who filed an objection to the Board (but no others) may re‑file the person’s objection to the sale, stating the same grounds of objection, to the General Division of the High Court in the manner and within the time delimited by the Rules of Court.

Where an application has been made to a Board under subsection (3) for an order for a sale and no objection to the sale has been filed under subsection (7), the Board must, subject to subsection (16), approve the application and order that the flats and the land in the development be sold.

Where an application is made 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 (7) —

the Board must mediate matters that are in dispute between the objectors and the applicants to achieve a resolution of the dispute; and

if —

a period of 60 days starting from the first day set aside for mediation has elapsed; or

mediation has proceeded as far as it reasonably can in an attempt to achieve a resolution of the dispute but has nevertheless failed to resolve the dispute,whichever first occurs, and one or more of those objections are not withdrawn, the Board must, subject to subsection (11), order a discontinuance of all proceedings before it in connection with that application.

A section 84FC stop order must not be issued with respect to an application made to a Board under subsection (3) unless —

the Board has, by notice served on every objector who filed an objection under subsection (7) in relation to that application and the authorised representatives of the applicants, informed the objector and authorised representatives of its intention to issue a section 84FC stop order; and

at the end of a period of 7 days after service of the notice under paragraph (a), one or more of those objections are not withdrawn.

Where one or more objections to a sale have been re‑filed under subsection (8) in relation to an application to the General Division of the High Court under subsection (3), the General Division of the High Court must, subject to subsection (16), approve the application and order that all the flats and the land in the development be sold unless, having regard to the objections, the General Division of the High Court is satisfied that —

a proprietor of any flat in the development who has re‑filed an objection under subsection (8) 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 (8) are insufficient to redeem any mortgage or charge in respect of the flat:

a proprietor of the flat; (ii)a mortgagee or chargee mentioned in subsection (7)(b).

An order made under subsection (12) by the General Division of the High Court may, with the consent of the collective sale committee, include an order that the proceeds of sale for any flat to be received by a proprietor of a flat in the development who has re‑filed an objection under subsection (8), be increased if the General Division of the High Court is satisfied that it would be just and equitable to do so.

The total sum ordered by the General Division of the High Court for all the objectors under subsection (13) is to be paid from the proceeds of sale of all the proprietors and must not exceed the aggregate sum of 0.5% of the proceeds of sale for each flat or $2,000 for each flat, whichever is the higher.

For the purposes of subsection (12)(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.

The General Division of the High Court or a Board must not approve an application made under subsection (3) —

if the General Division of the High Court or Board (as the case may be) is satisfied that —

the transaction is not in good faith after taking into account only the following factors:

the sale price for the flats in the development;

the method of distributing the proceeds of sale to the proprietors of the flats; (C)the relationship of the purchaser to any of the proprietors of the flats; or

the sale and purchase agreement would require any proprietor of a flat in the development who has not agreed in writing to the sale to be a party to any arrangement for the development of the flats and the land in the development; (b)if the proprietor of the land has not agreed in writing to sell the proprietor’s estate and interest in the land comprised in the development to the purchaser under a sale and purchase agreement for an amount specified (or to be computed in a manner specified) in the agreement, subject to an order being made under subsection (9) or (12); (c)if the sale price for the development is insufficient to meet the amount for which the proprietor of the land has agreed to sell the proprietor’s estate and interest in the land to the purchaser; or

if the collective sale committee does not consent to any order made by the General Division of the High Court under subsection (13).

Where no objection has been filed under subsection (7) to a Board or re‑filed under subsection (8) to the General Division of the High Court, the determination under subsection (16) is to be made by the General Division of the High Court or the Board on the basis of the facts available to the General Division of the High Court or Board, as the case may be.

The proprietors of the flats who have not agreed in writing to the sale, the proprietor of the land, a mortgagee, chargee or other person with an estate or interest in land, where applicable, must produce the title deeds for the flats or the land to the person having conduct of the sale, the representatives appointed under section 84A(2) (read with subsection (21)) or to their solicitors.

If the title deeds for the flats or the land are not produced under subsection (18), the person having conduct of the sale is not required to produce to the purchaser any title deed other than a certified true copy of the title deed or a subsidiary certificate of title.

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.

Sections 84A(1A), (2), (3), (5), (5A), (7C), (11), (12) and (13), 84B and 84C and the Second and Third Schedules apply, with the necessary modifications, to any application or order made under this section.

In the application of section 84A(1A) and the Second and Third Schedules to any development to which this section applies, any reference to a management corporation is to be read as a reference to the proprietors of the flats.

In this section, “section 84FC stop order” means an order by a Board under subsection (10)(b) for the discontinuance of all proceedings before it in connection with an application to the Board under subsection (3).Application of certain collective sale provisions, etc., in cases of joint tenancy or tenancy in common84FD.—

This section applies where —

there are joint tenants or tenants‑in‑common (each called in this section a co‑owner) in respect of a lot in a strata title plan or a flat in a development; and

one or more of the co‑owners of the lot or flat (as the case may be) have not agreed in writing to sell the relevant property to a purchaser under a sale and purchase agreement mentioned in section 84A(1), 84D(2), 84E(3), 84FA(2) or 84FC(3) (called in this section a sale and purchase agreement).

To avoid doubt, the relevant percentages of a lot or flat do not count towards the threshold percentages described in section 84A(1), 84D(2), 84E(3), 84FA(2) or 84FC(3) if one or more of the co‑owners of the lot or flat (as the case may be) have not agreed in writing to sell the relevant property to a purchaser under a sale and purchase agreement.

In sections 84A(4)(a) and (4A), 84D(3)(a) and (3A), 84E(5)(a) and (5A), 84FA(4)(a) and (4A) and 84FC(7)(a) and (8), a reference to a subsidiary proprietor of a lot or a proprietor of a flat who has not agreed in writing to a sale as a person who may file an objection to a Board or re‑file an objection to the General Division of the High Court is to be read as a reference to any one or more of the co‑owners of the lot or flat (as the case may be), whether or not acting with the other co‑owner or co‑owners. (4) Where any one or more of the co‑owners of a lot or flat have re‑filed an objection to the General Division of the High Court in respect of the lot or flat (called in this subsection an objecting lot or flat) —

section 84A(7), 84D(5), 84E(7), 84FA(6) or 84FC(12) applies as if a reference to a subsidiary proprietor of a lot or a proprietor of a flat who has re‑filed an objection and is in the circumstances described in paragraph (a) or (b) of each of those provisions were a reference to all of the co‑owners of the objecting lot or flat (as the case may be) if (taken collectively) they are in those circumstances;

for the purposes of section 84A(7)(a), 84D(5)(a), 84E(7)(a), 84FA(6)(a) or 84FC(12)(a) (read with paragraph (a)) — section 84A(8), 84D(6), 84E(8), 84FA(8A) or 84FC(15) applies as if the reference to a subsidiary proprietor of a lot or a proprietor of a flat were a reference to all of the co‑owners of the objecting lot or flat (as the case may be) taken collectively;

section 84A(7A), 84D(5A), 84E(7A), 84FA(7) or 84FC(13) applies as if the reference to a subsidiary proprietor of a lot or a proprietor of a flat who has re‑filed an objection were a reference to all or any of the co‑owners of the objecting lot or flat, as the case may be; and

if the General Division of the High Court makes an order that the proceeds of sale for an objecting lot or flat to be received by all or any of the co‑owners of the objecting lot or flat (as the case may be) be increased under section 84A(7A), 84D(5A), 84E(7A), 84FA(7) or 84FC(13) (read with paragraph (c)) — section 84A(7B), 84D(5B), 84E(7B), 84FA(8) or 84FC(14) applies as if the reference to all the objectors includes a reference to those co‑owners for whom the increase has been ordered,whether or not all of the co‑owners have re‑filed an objection in respect of the objecting lot or flat.

In this section —“relevant percentages”, in relation to a lot in a strata title plan or a flat in a development, means —

for an application under section 84A(1) or 84FA(2) — 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; (b)for an application under section 84D(2) — the percentage of the share of the land and the percentage of the total area of all the flats in the development; or

for an application under section 84E(3) or 84FC(3) — the percentage of the notional share of the land and the percentage of the total area of all the flats in the development; “relevant property” means —

for an application under section 84A(1) or 84FA(2) — all the lots and common property in the strata title plan;

for an application under section 84D(2) — all the flats and the land in the development; or

for an application under section 84E(3) or 84FC(3) — all the flats in the development.Interpretation of age of development in sections 84A, 84D, 84E, 84FA and 84FC84FE.—

Subject to subsection (3), in sections 84A(1), 84D(2), 84E(3), 84FA(2) and 84FC(3), the age of a development is counted from the latest of all the relevant dates determined in accordance with subsection (2) for each building (not being any common property) comprised in the strata title plan or development, as the case may be.

The relevant date for a building (not being any common property) comprised in a strata title plan or development is —

the date of the issue of the latest temporary occupation permit on completion of the building comprised in the strata title plan or development;

if no temporary occupation permit was issued — the date of the issue of the latest certificate of statutory completion for the building comprised in the strata title plan or development; or

if no such temporary occupation permit or certificate of statutory completion was issued — a date determined in the manner specified by the Minister, by notification in the Gazette.

Where an application under section 84A(1) relates to any land or housing estate to which the repealed section 126A or the repealed HUDC Housing Estates Act (Cap. 131, 1985 Revised Edition) applied immediately before 1 March 2021, the age of a development for the purpose of the application is counted from —

the date of the issue of the latest temporary occupation permit on completion of any building (not being any common property) comprised in the strata title plan; or

if no temporary occupation permit was issued —

in a case where the land is specified in the First Schedule to the repealed HUDC Housing Estates Act (Cap. 131, 1985 Revised Edition) — the date of the issue of the certificate of fitness for any building (not being any common property) comprised in the strata title plan; or

in any other case — the date of completion of the construction of the last building (not being any common property) comprised in the strata title plan as certified by the relevant authority.

For the purpose of subsection (3)(b)(ii), a certificate purporting to be under the hand of an officer of the relevant authority specifying the date of completion of the construction of the last building (not being any common property) comprised in the strata title plan is, in the absence of proof to the contrary, and without further proof of the signature appended to the certificate, sufficient evidence of the matters specified therein.Application of sections 84D, 84E, 84F and 84FC and meanings of proprietor and subsisting lease84FF.—

Section 84D, 84E, 84F or 84FC (as the case may be) applies where the development mentioned in the section comprises a parcel of land with one or more buildings or any part of a building, including where the whole or any part of a building consists of, or includes, a flat in the form of a detached house, semi‑detached house, linked or terrace house or townhouse.

In sections 84D, 84E, 84F and 84FC —

a reference to the proprietor of a flat in the development with a subsisting lease is a reference to the person who appears from the land‑register or from the records in the Registry of Deeds (as the case may be) to be the owner of the flat under the subsisting lease, and includes a successor in title of the proprietor of the flat; and

a reference to the proprietor of the land in the development is a reference to the person who appears from the land‑register or from the records in the Registry of Deeds (as the case may be) to be the owner of the land, and includes a successor in title of the proprietor of the land.

In sections 84D, 84E, 84F, 84FA, 84FB and 84FC, a reference to a subsisting lease of a flat or a lot excludes any sub‑lease of the flat or lot derived out of the head lease of the flat or lot or out of any sub‑lease of the flat or lot.”.