Land Titles (Strata) Act

(CHAPTER 158)

(Original Enactment: Act 41 of 1967)

REVISED EDITION 2009

(31st July 2009)

An Act to facilitate the subdivision of land into strata and the collective sale of property, and the disposition of titles thereto and for purposes connected therewith.

[15th May 1968]

PART I

PRELIMINARY

Short title

1. This Act may be cited as the Land Titles (Strata) Act.

Application

2. Except as hereinafter provided, this Act applies only to registered land.

Interpretation

3.—(1) 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;

“Authority” means the Singapore Land Authority established under the Singapore Land Authority Act (Cap. 301);

“Board” means a Strata Titles Board constituted under the Building Maintenance and Strata Management Act (Cap. 30C);

“building” includes —

(a)	any building partially completed;
(b)	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; or
(c)	any building to be erected which is authorised for strata subdivision under a notification made by the Minister under section 21(6) of the Planning Act (Cap. 232);

“Commissioner” means the Commissioner of Buildings appointed under section 3 of the Building Maintenance and Strata Management Act (Cap. 30C);

“common property”, subject to subsection (2), means —

(a)

in relation to any land and building comprised or to be comprised in a strata title plan, such part of the land and building —

(i)	not comprised in any lot or proposed lot in that strata title plan; and
(ii)	used or capable of being used or enjoyed by occupiers of 2 or more lots or proposed lots; or

(b)

in relation to any other land and building, such part of the land and building —

(i)	not comprised in any non-strata lot; and
(ii)	used or capable of being used or enjoyed by occupiers of 2 or more non-strata lots within that land or building;

“company” includes —

(a)	any body of persons incorporated in or outside Singapore; or
(b)	an unincorporated society, association or other body which under the law of its place of origin may hold property in the name of the society, association or other body or in the name of its trustees, secretary or other officer duly appointed for that purpose;

“competent authority”, in relation to the development or subdivision of land, means the competent authority appointed under section 5 of the Planning Act (Cap. 232) in respect of the development or subdivision of land, as the case may be;

“council” has the same meaning as in the Building Maintenance and Strata Management Act;

“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;

“immediate family member” has the same meaning as in the Building Maintenance and Strata Management Act (Cap. 30C);

“land” has the same meaning as in the Land Titles Act (Cap. 157);

“Land Titles Registry” means the Land Titles Registry of the Authority;

“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” means a management corporation constituted under this Act;

“ordinary resolution” has the same meaning as in the Building Maintenance and Strata Management Act;

“parcel” means the whole of the registered land having a Government survey lot number and comprised in a strata title plan;

“planning permission” has the same meaning as in the Planning Act (Cap. 232);

“proposed lot” has the same meaning as in the Building Maintenance and Strata Management Act;

“proprietor”, in relation to land comprised in a strata title plan, means the person who was the proprietor of the land the subject of the strata title plan immediately before the registration of the strata title application for that plan under section 9;

“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, 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;

“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;

“schedule of strata units”, in relation to any land or building, means the schedule of strata units accepted by the Commissioner under section 11 of the Building Maintenance and Strata Management Act (Cap. 30C) for that land or building;

“share value” has the same meaning as in the Building Maintenance and Strata Management Act;

“special resolution” has the same meaning as in the Building Maintenance and Strata Management Act;

“staged development” and “staged development contract” have the same respective meanings as in the Building Maintenance and Strata Management Act;

“strata roll” has the same meaning as in the Building Maintenance and Strata Management Act;

“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 2 or more strata, whether or not any stratum is divided into 2 or more lots; and
(c)	contains the particulars prescribed under the Boundaries and Survey Maps Act (Cap. 25),

and includes a strata title plan for redevelopment of any lot in a strata title plan registered under this Act;

“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 —

(a)	any one or more buildings comprised in a strata subdivision plan approved by the relevant authority; or
(b)	any building or class of buildings authorised for strata subdivision under a notification made by the Minister under section 21(6) of the Planning Act (Cap. 232);

“subsidiary certificate of title” means the subsidiary certificate of title issued under section 122;

“subsidiary management corporation” has the same meaning as in the Building Maintenance and Strata Management Act (Cap. 30C);

“subsidiary proprietor” means —

(a)	the registered subsidiary proprietor for the time being of the entire estate in a lot including an estate for life, an estate in remainder or an estate in reversion; and
(b)	in relation to a lot where a lease has been granted, the registered subsidiary proprietor for the time being of a leasehold interest in a lot described in an instrument of lease whose unexpired term is not less than 21 years as from the date of lodgment of the instrument of lease for registration with the Registrar including such a lease registered prior to 1st December 1987;

“subsidiary strata certificate of title” means the subsidiary strata certificate of title issued under this Act;

“unanimous resolution” has the same meaning as in the Building Maintenance and Strata Management Act (Cap. 30C).

[23/82; 16/87; S 309/87; 3/98; 21/99; 17/2001; 30/2003; 37/2004; 47/2004; 42/2005; 46/2007]

(2) For the purposes of this Act —

(a)	all windows of a lot, proposed lot or non-strata lot that are located on any exterior wall of the lot, proposed lot or (as the case may be) non-strata lot, being either louvres, casement windows, sliding windows or windows with any movable part, shall be part of the lot, proposed lot or (as the case may be) non-strata lot and not common property; and
(b)	all other windows of a lot, proposed lot or non-strata lot that are located on any exterior wall of the lot, proposed lot or (as the case may be) non-strata lot shall be common property, unless otherwise described in a strata title plan. [47/2004]

Application of Land Titles Act

4. The Land Titles Act (Cap. 157) and any rules made thereunder, insofar as they are not inconsistent with the provisions of this Act or of any rules made thereunder, shall apply in all respects to land registered in any folio of the subsidiary strata land-register.

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