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Application with view to collective sale under collective sale agreements executed before 4th October 2007

Planning (Development) Rules 2008

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—(1) This rule shall apply to any application under rule 3(1) with a view to a collective sale of a development in respect of which a collective sale agreement has been executed before 4th October 2007 —(a)in the case of a development comprised in a strata title plan —(i)by the subsidiary proprietors of the lots comprised in the development the sum of whose share values is not less than 90% of the total share values of that development, if that development is a newer development; or(ii)by the subsidiary proprietors of the lots comprised in the development the sum of whose share values is not less than 80% of the total share values of that development, if that development is an older development; or(b)in the case of a development not comprised in a strata title plan and to which section 84D or 84E of the Land Titles (Strata) Act 1967 as in force before 4th October 2007 applies —(i)by the proprietors of the flats comprised in the development the sum of whose shares or notional shares (as the case may be) in the land comprised in the development is not less than 90% of the total shares or notional shares in the land, if the development is a newer development; or(ii)by the proprietors of the flats comprised in the development the sum of whose shares or notional shares (as the case may be) in the land comprised in the development is not less than 80% of the total shares or notional shares in the land, if the development is an older development.(2) Where an application under rule 3(1) relating to a development comprised in a strata title plan is made, it shall be sufficient compliance with rule 3(3) if the applicant produces with the application a resolution of such other documentary proof as the competent authority may require that —(a)in the case of a newer development, the subsidiary proprietors of the lots comprised in the development with not less than 90% of the share values have authorised the making of the application; or(b)in the case of an older development, the subsidiary proprietors of the lots comprised in the development with not less than 80% of the share values have authorised the making of the application.(3) Where an application under rule 3(1) relating to a development not comprised in a strata title plan is made, it shall be sufficient compliance with rule 3(3) if the applicant produces with the application a resolution of such other documentary proof as the competent authority may require that —(a)in the case of a development to which section 84D of the Land Titles (Strata) Act 1967 as in force before 4th October 2007 applies —(i)the proprietors of the lots comprised in the development who own not less than 90% of the share value of the land have authorised the making of the application, if the development is a newer development; or(ii)the proprietors of the lots comprised in the development who own not less than 80% of the share value of the land have authorised the making of the application, if the development is an older development; or(b)in the case of a development to which section 84E of the Land Titles (Strata) Act 1967 as in force before 4th October 2007 applies —(i)the proprietors of the lots comprised in the development who own not less than 90% of the notional share of the land have authorised the making of the application, if the development is a newer development; or(ii)the proprietors of the lots comprised in the development who own not less than 80% of the notional share of the land have authorised the making of the application, if the development is an older development.(4) Notwithstanding paragraphs (2) and (3), where an application under rule 3(1) is made in respect of any development after a Strata Titles Board has made an order under section 84A, 84D or 84E, as the case may be, of the Land Titles (Strata) Act 1967 as in force before 4th October 2007 for the sale of all the lots and common property in the strata title plan for the development or all the flats and the land in the development, it shall be sufficient compliance with rule 3(3) if the application is accompanied by the order of the Strata Titles Board.(5) In this rule —“newer development” means —(a)in relation to a development comprised in a strata title plan, less than 10 years have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building comprised in the strata title plan or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building comprised in the strata title plan, whichever is the later; and(b)in relation to a development not comprised in a strata title plan, less than 10 years have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building (not being any common property) comprised in the development or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building (not being any common property) comprised in the development, whichever is the later;“older development” means —(a)in relation to a development comprised in a strata title plan, 10 years or more have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building comprised in the strata title plan or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building comprised in the strata title plan, whichever is the later; and(b)in relation to a development not comprised in a strata title plan, 10 years or more have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building (not being any common property) comprised in the development or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building (not being any common property) comprised in the development, whichever is the later.

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