Singapore legislation

Clause 17

of Statutes (Miscellaneous Amendments) (No. 2) Bill

Clause 17

Amendment of Land Titles (Strata) Act

The Land Titles (Strata) Act (Cap. 158, 1999 Ed.) is amended —

(a)

by deleting the words “the Building Maintenance and Strata Management Act 2004” in the definition of “management corporation” in section 3(1) and substituting the words “this Act”;

(b)

by deleting the words “section 23” in the 2nd line of section 6(1) and substituting the words “section 22”;

(c)

by deleting the words “126 and” in section 6(5) and substituting the words “125A, 126, 126A and”;

(d)

by inserting, immediately after the words “common property” in the 3rd line of section 12(6), the words “, free from any encumbrances (except those created by statute and subsisting easements),”;

(e)

by deleting the words “owner developer” in the 6th line of section 12A(1) and substituting the word “proprietor”;

(f)

by deleting the words “with the revised schedule of strata units for the staged development that has been last accepted under section 11 of the Building Maintenance and Strata Management Act 2004” in the 8th to the last lines of section 12A(1) and substituting the words “for the staged development”;

(g)

by deleting the words “with the revised schedule of strata units” in section 12A(2);

(h)

by inserting, immediately after the words “the Registrar shall” in the 4th and 5th lines of section 12A(3), the words “, upon registering a strata title application containing the revised share values for the lots shown in the amended strata title plan,”;

(i)

by inserting, immediately after the words “land-register and subsidiary” in the 6th and 7th lines of section 12A(3), the word “strata”;

(j)

by inserting, immediately after subsection (3) of section 12A, the following subsection:“(3A) Upon registration of a strata title application for a staged development under subsection (3) —

(a)

those parts described in the amended strata title plan as common property shall be additional common property and, together with the common property in all preceding stages of the staged development, form the common property of the staged development; and

(b)

without any resolution under section 25 or further assurance, the subsidiary proprietors of lots within that staged development shall hold all that common property as follows:

(i)

as tenants-in-common in accordance with their respective share values; and

(ii)

if there is a subsisting registered mortgage, charge, lease or sub-lease or any other encumbrance on the lot of a subsidiary proprietor, the undivided share or shares in those parts forming the additional common property shall be held by the subsidiary proprietor of the said lot subject to the same mortgage, charge, lease or sub-lease or any other such subsisting encumbrance.”;

(k)

by deleting the words “126 or” in section 14 and substituting the words “125A, 126, 126A or”;

(l)

by deleting the words “special resolution” in section 23(1) and substituting the words “90% resolution as defined under that Act”;

(m)

by deleting the words “and such subsisting easements created or implied under this Act” in section 23(4) and substituting the words “(except those created by statute and subsisting easements not created or implied under this Act)”;

(n)

by deleting the words “lodgment of an instrument of vesting in the approved form by the public authority for registration with the Registrar” in section 24(1) and substituting the words “registration by the Registrar of an instrument of vesting in the approved form lodged by the public authority”;

(o)

by deleting the words “a certified or office copy of the minute” in section 80(1) and (2) and substituting in each case the words “a certified copy”;

(p)

by deleting paragraphs (a) and (b) of section 81(2) and substituting the following paragraphs:“(a)within 14 days after the passing of a resolution referred to in subsection (1), give notice of the resolution in one or more newspapers circulating in Singapore; and

(b)

within 30 days after the passing of the resolution, lodge an application with the Registrar to terminate the strata subdivision.”;

(q)

by deleting subsection (4) of section 81 and substituting the following subsection:“(4) Upon registration of an application under subsection (2)(b) to terminate the strata subdivision, the Registrar shall cancel the relevant folios of the subsidiary strata land-register and enter a notification of the cancellation of the strata subdivision of the building and a memorial of the vesting of the parcel in the subsidiary proprietors as tenants-in-common in the relevant folio of the land-register comprising the parcel.”;

(r)

by inserting, immediately after the words “section 39(2)” in the last line of section 81(13), the words “of the Building Maintenance and Strata Management Act 2004 (Act 47 of 2004)”;

(s)

by deleting the words “Section 60(3)” in section 119(4) and substituting the words “Section 60A”;

(t)

by deleting the word “prescribed” in section 122(1) and (4) and substituting in each case the word “approved”;

(u)

by deleting the words “building erected on the same parcel of land together with the registered proprietor of the land on which the said flats are erected” in the 4th, 5th and 6th lines of section 126(1) and substituting the words “development together with the registered proprietor of the land on which the said development is erected”;

(v)

by deleting the word “building” in section 126(2) and substituting the word “development”;

(w)

by deleting subsection (5) of section 126 and substituting the following subsection:“(5) Where the registered proprietors of the flats who altogether own not less than 25% of the total number of flats comprised in the development have agreed in writing to accept the transfer of all the estate and interest of the registered proprietor in the land on which the development is erected, all the remaining registered proprietors of the flats in the same development shall be deemed to have accepted the transfer and deemed to have applied for the issue of subsidiary strata certificates of title for the flats.”;

(x)

by deleting the words “a building or buildings” in section 126(9)(a) and substituting the words “the development”;

(y)

by deleting the word “building” wherever it appears in section 126(11) and substituting in each case the word “development”;

(z)

by inserting, immediately after the words “Registry of Deeds” wherever they appear in section 127(4), the words “or the Land Titles Registry”;

(za)by deleting the words “, except section 21(1), (2) and (5) of that Act,” in section 128(1); and

(zb)by deleting the words “126 or” in the 2nd line of section 128(2) and substituting the words “125A, 126, 126A or”.