Application of this Part and meaning of “sale”
Open ↗10.—(1) This Part applies only to any development for which planning permission is granted on or after 15 April 1976 for strata division after completion of any building comprised in the development.[35/2017]
(2) For the purposes of this Part and Part 5, an owner developer is deemed to have sold a lot or proposed lot in the owner developer’s development if —(a)
by an agreement in writing, conditional or otherwise (but not an agreement mentioned in section 13), the owner developer has agreed to convey, transfer, assign or otherwise dispose of the owner developer’s estate or interest in the lot or proposed lot to another person for valuable consideration or otherwise; or
(b)
by any deed or instrument (but not a deed or an instrument mentioned in section 13), the owner developer has conveyed, transferred, assigned or otherwise disposed of the owner developer’s estate or interest in the lot or proposed lot.
Schedule of strata units must be accepted by Commissioner before sale can start
Open ↗11.—(1) The owner developer of a development must not sell any lot or proposed lot in the development with a share value unless a schedule of strata units or an amended schedule of strata units (as the case may be) showing that share value of the lot or proposed lot has been filed with and accepted by the Commissioner under this section.[35/2017]
(2) [Deleted by Act 35 of 2017]
(3) Every schedule of strata units and amended schedule of strata units must be filed with the Commissioner in the prescribed form and manner and be accompanied by the prescribed fee.
(4) [Deleted by Act 35 of 2017]
(5) The Commissioner may accept a schedule of strata units filed under this section, or an amended schedule of strata units filed under section 12, if and only if the Commissioner is satisfied that the proposed share values or range of proposed share values allotted to all the lots or proposed lots in the schedule of strata units or the amended schedule of strata units (as the case may be) are allocated in a just and equitable manner.
(6) [Deleted by Act 35 of 2017]
(7) Within 6 weeks after any schedule of strata units or amended schedule of strata units for a development is filed with the Commissioner, the Commissioner must either —(a)
notify the owner developer concerned in writing of the Commissioner’s acceptance of that schedule; or
(b)
notify the owner developer concerned that the Commissioner rejects that schedule, stating his or her reasons for objecting to the allocation of share values therein.
(8) Every contract for the sale of any lot or proposed lot in a development is deemed to include a term that the owner developer of the development has agreed to sell an undivided share in the land on which the lot or proposed lot is or is to be erected with a value determined in accordance with the proposed share values assigned to each lot or proposed lot shown in the schedule of strata units or amended schedule of strata units (as the case may be) for the development last accepted by the Commissioner before the execution of that contract.[35/2017]
Schedule of strata units not to be changed once accepted
Open ↗12.—(1) Where a schedule of strata units for a development has been filed and accepted by the Commissioner under section 11, the owner developer of the development must not make any change to any share value in the schedule of strata units, the area of any lot or proposed lot in the development or any part of the common property or limited common property (if any) of the development unless the owner developer has filed an amended schedule of strata units with the Commissioner and the Commissioner accepts that amended schedule of strata units.
(2) [Deleted by Act 35 of 2017]
(3) Subsection (1) applies even where the owner developer of the development —(a)
intends to change the area of any lot or proposed lot within the development which has not been sold and such change does not result in a different aggregate share value for the development;
(b)
intends to effect a minor adjustment to the share value assigned to any lot or proposed lot within the development that has been sold, being an adjustment necessitated by an increase or a shortfall in the area of the lot or proposed lot after it has been surveyed on its completion; or
(c)
intends otherwise to change the share value assigned to any lot or proposed lot within the development with the consent of the purchaser of that lot or proposed lot.[35/2017]
(4) Without affecting subsections (1) and (3), where a schedule of strata units for a development has been filed and accepted by the Commissioner under section 11, the share value assigned to any lot or proposed lot in the development in that schedule of strata units may be altered after the lot or proposed lot is sold only —(a)
with the consent of the purchaser of the lot or proposed lot, unless the alteration to the share value is a minor adjustment necessitated by an increase or a shortfall in the area of the lot or proposed lot after it has been surveyed on its completion;
(b)
after the passing of any of the following resolutions:(i)
a 90% resolution under section 34(1) to execute on behalf of its subsidiary proprietors a transfer of any part of common property as provided in section 23 of the Land Titles (Strata) Act 1967;
(ii)
a special resolution under section 34(3) to create additional common property;
(iii)
the respective special resolutions under section 34(5) to amalgamate the common properties of 2 or more management corporations; or
(c)
in connection with the registration of a strata title application for redevelopment under section 12 of the Land Titles (Strata) Act 1967.[35/2017]
(5) The Commissioner may accept an amended schedule of strata units that is filed to alter a schedule of strata units for a development in the circumstances mentioned in subsection (4), if and only if the Commissioner is satisfied that the proposed share values allotted to the lot or lots affected are allocated in a just and equitable manner.[35/2017]
Exceptions to section 11 prohibition
Open ↗13.—(1) Section 11(1) does not apply —(a)
to any agreement, deed or instrument that conveys, transfers, assigns or otherwise disposes of a leasehold interest not exceeding 21 years without an option to renew or purchase; and
(b)
to any agreement between any purchaser under a collective sale contract of any land and any other party to that collective sale contract whereby the purchaser disposes of any proposed lot to be comprised in a redevelopment of the land to that other party before the legal completion of the collective sale of the land.[35/2017]
(2) In subsection (1)(b), “collective sale contract” means —(a)
any sale and purchase agreement mentioned in section 84A, 84D, 84E, 84F, 84FA or 84FB of the Land Titles (Strata) Act 1967;
(b)
any sale and purchase agreement whereby the owners of all the lots in a development agree to sell all their lots to a purchaser; or
(c)
any sale and purchase agreement whereby the owner of any land agrees to sell the land to a purchaser either by itself or together with the owners of any adjacent land.[13/2010; 35/2017]
Offences
Open ↗14. Any person who contravenes section 11(1) or 12(1) 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 12 months or to both.[35/2017]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
