PART I | 1. This Act may be cited as the Land Titles (Strata) Act. |
| 2. Except as hereinafter provided, this Act applies only to registered land. |
3. In this Act, unless the context otherwise requires —| “accessory lot” means a lot intended for separate proprietorship and use with any other specified lot or lots for any purpose; |
| “assurance” includes any transfer, lease, charge, mortgage, transmission application or any other application for vesting made under this Act; |
| “building” includes any building partially completed or, where applicable, any building to be erected within a stratum shown or specified in any strata subdivision plan submitted to the relevant authority for approval; |
| “Commissioner” means the Commissioner of Buildings appointed under section 3 of the Buildings and Common Property (Maintenance and Management) Act [Cap. 30]; |
“common property” —| (a) | in relation to subdivided buildings in an approved plan bearing the title of “condominium” and issued by the relevant authority, means so much of the land for the time being not comprised in any lot shown in a strata title plan or in any parts of any building unit (partially erected or to be erected) intended to be included as lots in a strata title plan to be lodged with the Registrar after strata subdivision of the building unit has been approved by the relevant authority; | | (b) | in relation to any subdivided building which is comprised in any plan approved by the relevant authority other than a plan bearing the title of “condominium”, means so much of the land for the time being not comprised in any lot shown in a strata title plan; and | | (c) | unless otherwise described specifically as comprised in any lot in a strata title plan and shown as capable of being comprised in such lot, includes —| (i) | foundations, columns, external beams, supports, main walls, roofs, walls, lobbies corridors, stairs, stairways, fire escapes, entrances and exits of the building or buildings; | | (ii) | car parks, recreational or community facilities, gardens, parking areas, roofs, and storage spaces; | | (iii) | central and appurtenant installations for services such as power, light, gas, hot and cold water, heating, refrigeration, air-conditioning and incinerators; | | (iv) | escalators, lifts, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use; | | (v) | all facilities described as common property in any plan approved by the relevant authority for a condominium development and all facilities which may be shown in a legend of a strata title plan as common property; and | | (vi) | all other parts of the land not comprised in any lot necessary or convenient to the existence and maintenance and for the reasonable common use and safety of the common property; |
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| “competent authority” means the competent authority appointed under section 3 of the Planning Act [Cap. 232]; |
| “flat” means a horizontal stratum of any building or part thereof, whether such stratum is on one or more levels or is partially or wholly below the surface of the ground, which is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose, and may be comprised in a lot, or in part of any subdivided building not shown in a registered strata title plan; |
| “land” includes land of any tenure, any building or parts thereof, so much of the air-space above the surface as may be reasonably used or enjoyed by any proprietor, and all substances under the surface, whether or not held apart from the surface, and any estate or interest therein; |
| “lot” means a stratum which is shown as a lot on a strata title plan, and includes a lot specified as an accessory lot on any such plan; |
| “management corporation”, in relation to any one or more subdivided buildings shown on a strata title plan, means the management corporation established for those buildings; |
| “parcel” means the whole of the registered land having a Government survey lot number and comprised in a strata title plan; |
| “proprietor” means the proprietor of the land immediately before the subdivision thereof; |
| “provisional lot” means a lot within which one or more buildings or parts of any building are to be erected or completed and is shown as a provisional lot in a strata title plan and in any other record maintained by the Registrar; |
| “registered land” means land which has been brought under the provisions of the Land Titles Act [Cap. 157], by being included in a folio of the land-register, and held by the registered proprietor for an estate in fee simple or perpetuity, or for a leasehold estate comprised in a Crown or State lease or any other lease having an unexpired term of at least 21 years as at the date of the lodgment of a plan as a strata title plan under this Act; |
| “registered lease” means a lease registered under the provisions of the Land Titles Act [Cap. 157]; |
| “registered lessee”, in relation to any subdivided building not comprised in a strata title plan, means the registered proprietor of a leasehold estate in registered land comprising a flat which is shown in a plan annexed to a registered lease, having an unexpired term of not less than 21 years as at the date of the lodgment of an application by that registered proprietor for a subsidiary certificate of title; |
| “Registrar” means the Registrar of Titles appointed under the Land Titles Act; |
| “relevant authority” means any one or more Government or statutory authorities empowered to approve plans for development or subdivision of any land or plans relating to the construction of any building under the Planning Act [Cap. 232] or under any other written law and includes the competent authority; |
| “share units”, in respect of a lot, means the share units determined for that lot according to its share value and shown as such in the schedule endorsed on the strata title plan; |
| “special resolution” means a resolution passed at a meeting of the management corporation, of which at least 14 days’ notice specifying the proposed special resolution has been given, by those persons entitled to exercise the powers of voting conferred by or under this Act either personally or by proxy who are together entitled to, or represent those entitled to, not less than three-quarters of the share units and who together constitute or represent those constituting not less than three-quarters of the membership; |
| “strata subdivision” includes a subdivision of land to comprise one or more strata units whether or not any strata unit is on the same level as any other strata unit; |
“strata title plan” means a plan of registered land which —| (a) | is described in the title or heading thereto as a strata title plan; | | (b) | shows the whole or any part of the land comprised therein as being divided into two or more strata, whether or not any stratum is divided into two or more lots; and | | (c) | contains the particulars prescribed by section 10, |
| and includes a plan of resubdivision of any lot in a strata title plan registered under this Act; |
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| “strata units” means the units allotted to any building or buildings approved for development by the relevant authority and shown in a schedule of strata units to be filed with the Commissioner; |
| “stratum” means any part of land consisting of a space of any shape below, on or above the surface of the land, or partly below and partly above the surface of the land, the dimensions of which are delineated; |
| “subdivided building” means any one or more buildings comprised in a strata subdivision plan approved by the relevant authority; |
| “subsidiary certificate of title” means the subsidiary certificate of title issued under section 47; |
“subsidiary proprietor” means the registered proprietor for the time being of a lot having —| (a) | a freehold estate in the lot; or | | (b) | a leasehold estate in the lot where such leasehold estate has been created by a lease registered under this Act and having an unexpired term of not less than 21 years computed as from the date of lodgment of the lease with the Registrar (whether such lease has been created before, on or after 15th April 1976); |
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| “subsidiary strata certificate of title” means the subsidiary strata certificate of title issued under section 9; |
| “unanimous resolution” means a resolution unanimously passed at a duly convened meeting of the management corporation at which all persons entitled to exercise the powers of voting conferred by or under this Act are present either personally or by proxy at the time of motion. [23/82] |
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| Application of Land Titles Act |
| 4. The Land Titles Act [Cap. 157] and the rules made thereunder, insofar as they are not inconsistent with the provisions of this Act or of any rules made thereunder, apply in all respects to land registered in any folio of the subsidiary strata land-register. |
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