Sale of Commercial Properties Act |
(CHAPTER 281) |
(Original Enactment: Act 14 of 1979)
REVISED EDITION 1985 |
(30th March 1987) |
An Act to regulate the sales of separate units of commercial properties in a commercial complex and for purposes connected therewith. |
[20th July 1979] |
Short title |
1. This Act may be cited as the Sale of Commercial Properties Act. |
Interpretation |
2. In this Act, unless the context otherwise requires — “building” includes any completed building, or any building partially completed or to be erected, and intended for any strata subdivision as shown in a development plan approved by the relevant competent authority under the Planning Act 1998 or is comprised in one or more lots as shown in a strata title plan lodged with the Registrar of Titles; “Building Authority” has the same meaning as in the Building Control Act [Cap. 29]; “commercial property” 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, and is intended for use in accordance with the provisions of any written law as a complete and separate unit for any purpose other than a residential purpose; “Controller” means the Controller of Housing appointed under section 3 of the Housing Developers (Control and Licensing) Act [Cap. 130]; “land” includes land of any tenure, any building or part 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; “Registrar of Titles” means the Registrar of Titles appointed under the Land Titles Act [Cap. 157]; “registered land” has the same meaning as in the Land Titles (Strata) Act [Cap. 158]; “strata subdivision” has the same meaning as in the Land Titles (Strata) Act; “strata title plan” means a plan of registered land showing strata subdivision of any building into two or more lots and contains the particulars prescribed by section 10 of the Land Titles (Strata) 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. |
Prohibition on sale of any commercial property without building approval |
Option to purchase |
4. An option to purchase any commercial property given by a vendor to a purchaser shall be in such form as may be prescribed except that any additional term or condition which in substance does not affect the prescribed form may be included in such form. |
Terms and conditions in an agreement for sale |
5.—(1) Every agreement for the sale and purchase of a commercial property shall contain such terms and conditions of sale as may be prescribed by rules made under this Act.
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Penalty |
6. Any person who fails to comply with any of the provisions of this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both. |
Power to give directions |
7.—(1) The Controller may give directions in writing to any person to ensure compliance with the provisions of this Act or any rules made thereunder.
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Controller may issue directions when a developer has not sought the direction of the Registrar under section 16 of the Land Titles Act, etc. |
8.—(1) Where a developer has sold any commercial property and has not —
[38/80]
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Offences committed by body corporate |
9. Where a body corporate is guilty of an offence under this Act and the rules made thereunder, any person who was at the time of the commission of the offence a director, manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances. [8 |
Rules |
10.—(1) The Minister may make rules for or in respect of every purpose which is considered by him necessary for carrying out the provisions of this Act and for the prescribing of any matter which is authorised or required under this Act to be prescribed.
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Exemptions |
11.—(1) This Act shall not apply to the sale of any commercial property —
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Jurisdiction of District and Magistrate’s Courts to try offence |
12. Notwithstanding the provisions of any written law to the contrary, a District or Magistrate’s Court shall have jurisdiction to try any offence under this Act or the rules made thereunder and to impose the full punishment for such offence. [11 [38/80] |