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Application for collective sale of parcel by majority of subsidiary proprietors who own registered leasehold tenure of at least 850 years or other tenure

Land Titles (Strata) Act 1967

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—(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 for a leasehold tenure of 850 years or more or for such other tenure as the Minister may, by notification in the Gazette, specify.(2) 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 —(a)the subsidiary proprietors of the lots with not less than 90% of the share values and not less than 90% of the total area of all the lots (excluding the area of any accessory lot) as shown in the subsidiary strata certificates of title where 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 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 (not being any common property) comprised in the strata title plan, whichever is the later; or(b)the subsidiary proprietors of the lots with not less than 80% of the share values and not less than 80% of the total area of all the lots (excluding the area of any accessory lot) as shown in the subsidiary strata certificates of title where 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 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 (not being any common property) comprised in the strata title plan, whichever is the later,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 sale proceeds to all the subsidiary proprietors (whether in cash or kind or both), subject to an order being made under subsection (5) or (6).(2A) An application 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 —(a)must be made to a Board in the first instance; and(b)may be made to the General Division of the High Court thereafter if, and only if, a section 84FA stop order is issued by the Board under subsection (5A)(b) with respect to the application to that Board in respect of the same sale.(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 development to which this section applies must be made within 14 days after a section 84FA stop order is issued by a Board under subsection (5A)(b) in relation to the same sale.(3) The subsidiary proprietors of the lots mentioned in subsection (2) must also serve on the subsidiary proprietor in reversion of the leasehold estate and every mortgagee, chargee or other person with an estate or interest in land and whose interest is notified on the subsidiary strata land‑register for the lots, a copy of all notices to be served pursuant to the First Schedule.(4) In the case of an application to a Board under subsection (2) for an order for the sale of all the lots and the common property in a strata title plan to which this section applies, 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 such longer period as the Board allows in exceptional circumstances, whether before or after the end of the 21 days:(a)a subsidiary proprietor of any lot in the strata title plan who has not agreed in writing to the sale;(b)a mortgagee, chargee or other person (other than a lessee) with an estate or interest in the land and whose interest is notified on the subsidiary strata land‑register for that lot.(4A) Where a section 84FA stop order is issued under subsection (5A)(b) in respect of an application to a Board under subsection (2) for an order for the sale of all the lots and the common property in a strata title plan to which this section applies, and an application is made to the General Division of the High Court under subsection (2) for an order for the same sale of all the lots and the common property in the same strata title plan, any person referred to in subsection (4)(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.(5) Where an application has been made to a Board under subsection (2) and no objection has been filed under subsection (4), the Board must, subject to subsection (9), approve the application and order that the lots and common property in the strata title plan be sold.(5A) Where an application is made under subsection (2) to a Board, and one or more objections have been filed under subsection (4) in relation to that application —(a)the Board must mediate matters that are in dispute between the objectors and the applicants to achieve a resolution of the dispute; and(b)if —(i)at the end of a period of 60 days starting from the first day set aside for mediation; or(ii)mediation has proceeded as far as it reasonably can in an attempt to achieve resolution of the dispute but has nevertheless failed to resolve the dispute,whichever first occurs, one or more of those objections are not withdrawn, the Board must, subject to subsection (5B), order a discontinuance of all proceedings before it in connection with that application (called in this section a section 84FA stop order).(5B) A section 84FA stop order must not be made by a Board under subsection (5A)(b) with respect to an application made to it under subsection (2) unless —(a)the Board has, by notice served on every objector who filed an objection under subsection (4) in relation to that application and the authorised representatives of the applicants, informed the objector and authorised representatives of its intention to make a section 84FA stop order; and(b)at the end of a period of 7 days after the notice under paragraph (a) is so served, one or more of those objections so filed are not withdrawn.(6) Where one or more objections have been filed under subsection (4A) in respect of an application to the General Division of the High Court under subsection (2), the General Division of the High Court must, subject to subsection (9), approve the application and order that the lots and common property be sold unless, having regard to the objections, the General Division of the High Court is satisfied that —(a)any objector, being a subsidiary proprietor, will incur a financial loss; or(b)the proceeds of sale for any lot to be received by any objector, being a subsidiary proprietor, mortgagee or chargee, are insufficient to redeem any mortgage or charge in respect of the lot.(7) An order made under subsection (6) 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 lot to be received by an objector, being a subsidiary proprietor who has filed an objection under subsection (4A), be increased if the General Division of the High Court is satisfied that it would be just and equitable to do so.(8) The total sum ordered by the General Division of the High Court for all the objectors under subsection (7) is to be paid from the proceeds of sale of all the subsidiary proprietors and must not exceed the aggregate sum of 0.25% of the proceeds of sale for each lot or $2,000 for each lot, whichever is the higher.(9) The General Division of the High Court or a Board must not approve an application made under subsection (2) —(a)if the General Division of the High Court or Board (as the case may be) is satisfied that —(i)the transaction is not in good faith after taking into account only the following factors:(A)the sale price for the lots and the common property in the strata title plan;(B)the method of distributing the proceeds of sale; and(C)the relationship of the purchaser to any of the subsidiary proprietors; or(ii)the sale and purchase agreement would require any subsidiary proprietor who has not agreed in writing to the sale to be a party to any arrangement for the development of the lots and the common property in the strata title plan; or(b)if the collective sale committee does not consent to any order made by the General Division of the High Court under subsection (7).(10) Where no objection has been filed under subsection (4) to a Board or under subsection (4A) to the General Division of the High Court, the determination under subsection (9) 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.(11) Where the General Division of the High Court or a Board (as the case may be) has made an order for the sale of the lots and the common property in the strata title plan —(a)the subsidiary proprietor in reversion of the leasehold estate is deemed to have transferred that subsidiary proprietor’s estate and interest in the lots to the purchaser without consideration upon the registration by the Registrar of the transfers of all the lots (except the lots still owned by the subsidiary proprietor in reversion under subsection (14)) in the strata title plan; and(b)the Registrar must enter a notification of the vesting of the reversionary interest in the purchaser on the subsidiary strata land‑register and cancel the registration of any mortgage, charge or lease notified on the subsidiary strata land‑register.(12) The subsidiary proprietors of the lots who have not agreed in writing to the sale, the subsidiary proprietor in reversion and any mortgagee, chargee or other person with an estate or interest in those lots, where applicable, must produce the subsidiary strata certificates of title for the lots to the person having conduct of the sale, the representatives appointed under section 84A(2) or to their solicitors.(13) If the subsidiary strata certificates of title for the lots are not produced under subsection (12), the person having conduct of the sale is not required to produce to the purchaser any subsidiary strata certificate of title other than a certified true copy thereof.(14) Where the subsidiary proprietor in reversion has granted leases for some but not all the lots in the strata title plan, that subsidiary proprietor is deemed to have transferred that subsidiary proprietor’s estate and interest in the lots still owned by that subsidiary proprietor to the purchaser upon registration by the Registrar of the transfers of the other lots in the strata title plan and the Registrar must enter a notification of the vesting of the lots in the purchaser on the subsidiary strata land-register and cancel the registration of any mortgage, charge or lease notified on the subsidiary strata land‑register.(15) The Registrar may dispense with production of the subsidiary strata certificates of title for the lots still owned by the subsidiary proprietor in reversion for the purposes of subsections (11) and (14).(16) Sections 84A(1A), (2), (3), (5), (5A), (7C), (8)(a), (b) and (c), (11), (11A), (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.(17) In this section —“subsidiary proprietor” includes a successor in title;“subsidiary proprietor in reversion” means the lessor of the registered lease under subsection (1) and includes a successor in title.

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