s 9 Conditions for approval
(1) The Director shall not approve the subdivision of any building unless the following conditions are satisfied: (a) that it has been certified by a land surveyor— (i) that the building or buildings are situated wholly within the boundaries of the lot in question; or (ii) that, discounting any eave, awning, and any balcony not forming part of a proposed parcel, which project over a road reserve, the building or buildings are so situated; and, in a case where the certificate is one under subparagraph (ii), that there subsists a permit or permits issued under section 75A of the National Land Code in respect of every such eave, awning and balcony; (b) that, in the case of any building for the erection of which planning permission was required— (i) it has been certified by an architect registered under the Architects Act 1967 [Act 117] or by a professional engineer registered under the Registration of Engineers Act 1967 [Act 138] that the building was constructed in accordance with the plans and specifications by reference to which that permission was given, stating therein the date on which such permission was given and the reference number thereof (if any); or (ii) the case falls under subsection 10(6 A ) and the requirements of that subsection have been satisfied; (c) that the subdivision would not contravene any restriction in interest to which the land comprised in that lot is for the time being subject; (d) that the subdivision would not be contrary to the provisions of any written law for the time being in force, and that any requirements imposed with respect thereto by or under any such written law have been complied with; (e) that no item of land revenue is outstanding in respect of the land; (f) that consent in writing to the making of the application has been obtained from every person who at the time when approval was applied for, was entitled to the benefit of— (i) (Deleted by Act A753); (ii) a lease of the whole or any part thereof, other than a part corresponding precisely with, or included within, one of the parcels to be created upon subdivision; (iii) a charge of such a lease; or (iv) a lien over any such lease; (g) that the proposed share units assigned to the parcels by the proprietor of the lot in his application in Form 1 are equitable; (h) that each of the proposed parcels has— (i) adequate means of access not passing through another parcel; and (ii) adequate means of internal communication not passing through the common property; (i) that, where the land on which the building or buildings stand is held for a term of years, there still remains a period of not less than twenty-one years to run; (j) that the land on which the building or buildings stand is not subject to any charge or lien; (k) that, where the land is held under qualified title as specified in subsection 7(2), the final title to the land has been registered; and (l) that the building to be subdivided has been certified by the local authority to be fit for occupation or use. (2) In the case of an application involving a provisional block or blocks by virtue of subsection 10A(1), the Director shall not approve the subdivision of any building to which the application relates unless the following additional conditions are also satisfied: (a) that it has been certified by a land surveyor that the position of each provisional block as delineated on the location plan is wholly within the boundaries of the lot in question; (b) that the quantum of provisional share units assigned to each provisional block by the proprietor of the lot in his application in Form 1 is equitable; and (c) that proprietor has given the date by when he undertakes that the construction of the building or each building to which the provisional block or blocks relate will be completed, has paid to the Director in respect of each provisional block a deposit of such reasonable amount as the Director may require, and has furnished a written statement to the effect that he agrees that the amount be forfeited to the Government in the event that, by that date or by such later date as the Director may allow, the construction of the building to which the provisional block relates is not completed or, if completed, the building has not been certified by a public or local authority to be fit for occupation or use.