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Issue of subsidiary strata certificates of title for flats with subsisting leases registered under Land Titles Act 1993

Land Titles (Strata) Act 1967

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—(1) Where there are subsisting leases of flats registered under the Land Titles Act 1993, the registered proprietors of the flats who altogether own not less than 25% of the total number of flats comprised in the development together with the registered proprietor of the land on which the said development is erected may lodge with the Registrar a transfer of the estate and interest of the registered proprietor of the land to all the registered proprietors of the flats as tenants-in-common in the shares according to the ratio of one share to each flat together with a strata title application in the approved form.(2) Where the flats in the development are of different sizes, the shares in the land to be allotted to the registered proprietor of each flat are the values determined by the Registrar based on the methods used by the Commissioner for the allocation of share values under the Building Maintenance and Strata Management Act 2004.(3) A strata title application submitted under subsection (1) must not be registered unless the strata title plan has been lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act 1998.(4) The Registrar may, upon being satisfied that the transfer and the strata title application are in order —(a)register all the registered proprietors of the flats as the proprietors of the registered land as tenants-in-common;(b)issue the subsidiary strata certificates of title according to the strata title application; and(c)dispense with the production of the duplicate leases of the flats.(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 are deemed to have accepted the transfer and deemed to have applied for the issue of subsidiary strata certificates of title for the flats.(6) Before issuing subsidiary strata certificates of title in favour of the registered proprietors of the flats as shown in the records of the Land Titles Registry, the Registrar must —(a)require a notice in the form approved by him or her to be inserted once in one or more daily newspapers to the effect that the Registrar will issue the subsidiary strata certificates of title under this section to the registered proprietors of the flats as shown in the records maintained at the Land Titles Registry after the expiration of 6 weeks from the date of publication of the notice if no valid objection is received by the Registrar; and(b)send by registered post a copy of the notice mentioned in paragraph (a) to the registered proprietors of all the flats at the addresses shown in the records of the Land Titles Registry or in the transfer lodged under subsection (1) where the addresses differ from that shown in the records of the Land Titles Registry.(7) Despite subsections (1), (2) and (3), the Registrar may, in order to relieve any case of extreme hardship, issue any subsidiary strata certificate of title in favour of a purchaser of a flat whose transfer of the leasehold estate of the flats has been duly stamped and lodged with him or her, notwithstanding that the name of the purchaser was not shown in the transfer lodged under subsection (1).(8) The Registrar may, under subsection (4), issue the subsidiary strata certificates of title qualified as to their title or their boundaries and dimensions, and sections 25 and 165 of the Land Titles Act 1993 apply, with the necessary modifications, to such subsidiary strata certificates of title.(9) Upon the registration of the strata title application, the management corporation of the parcel of land must reimburse the person or persons who incurred any expenditure for the purpose of —(a)applying for the issue of subsidiary strata certificates of title for all those flats comprised in the development erected on the parcel;(b)lodging the transfer under subsection (1);(c)the preparation of the strata title plan for the parcel;(d)the publication of the notices mentioned in subsection (6)(a); and(e)issuing notices to the proprietors of the flats under subsection (6)(b).(10) It is the duty of the management corporation to determine the amount of contributions payable by the subsidiary proprietors of the lots in the subdivided building concerned to its management fund to meet the expenditure mentioned in subsection (9) and any contributions so levied by the management corporation are deemed to be contributions levied under section 39(3) of the Building Maintenance and Strata Management Act 2004.(11) For the purposes of this section, where the registered proprietor of the land on which the development is erected has granted leases for some of but not all the flats in the development, that registered proprietor is deemed the registered proprietor of the flats which are still owned by that registered proprietor.

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