§ 24A — Leases of flats erected on unregistered land

24A.—(1) Where there is a subsisting lease for a flat in a building erected on unregistered land and the lease for such a flat has been registered under the Registration of Deeds Act 1988, the Registrar may issue a subsidiary certificate of title to the owner (as it appears from the records kept by the Registry of Deeds) of the flat without requiring the owner to produce the lease or any other documents of title in the owner’s possession for cancellation.(2) If the Registrar intends to issue a subsidiary certificate of title in accordance with subsection (1), the Registrar must —(a)

insert a notice in one or more local daily newspapers circulating in Singapore stating the Registrar’s intention to issue the subsidiary certificate of title to the owner of the flat after the expiry of 21 days from the date of publication of the notice; and

(b)

send by registered post, a notice to the owner informing the owner of the Registrar’s decision to issue a subsidiary certificate of title for the flat.

(3) A subsidiary certificate of title issued under this section must, where applicable, be endorsed with a notice —(a)

stating that the area and plan reference of the flat are not stated as no survey has been carried out and approved by the Chief Surveyor; and

(b)

stating the owner’s share in the land on which the flat stands or the owner’s share in the land appurtenant to the flat which forms part of the development.

(4) Where the Registrar determines from the records in the Registry of Deeds that it was intended that the owner of the flat should —(a)

own a share in the land on which the flat stands; or

(b)

own a share in the land appurtenant to the flat which forms part of the development,

the Registrar may, despite any earlier failure or omission to transfer the relevant share in land to the owner of the flat, endorse on the subsidiary certificate of title —

(c)

the share in land owned by the owner; or

(d)

the share in land appurtenant to the flat,

as the case may be.

[8/2014]

(5) A share in the land appurtenant to a flat comprised in a subsidiary certificate of title must not be dealt with except as appurtenant to the flat and any dealing of that flat operates to deal with the share in the land.[8/2014]

(6) Where the owner of the land has granted leases for some but not all of the flats in the building, the owner is deemed to be a proprietor of the flats which are still owned by that owner.

(7) Where the owners of the flats are also the owners of the land on which the flats stand or which form part of the development, the Registrar must, except upon request, retain the certificate of title issued for the land.[8/2014]

(8) For the purposes of this section —(a)

it is deemed that the planning approval for subdivision of the building had been granted by the relevant authority;

(b)

in the event of a conflict between this section and the provisions of the Land Titles (Strata) Act 1967, this section prevails; and

(c)

“flat” has the meaning given by section 3 of the Land Titles (Strata) Act 1967.

(9) This section also applies with the necessary modifications where —(a)

subsisting leases for flats are registered under the Registration of Deeds Act 1988 and the flats are in a building erected on registered land; and

(b)

the land is vested in the owners of the flats as tenants‑in‑common in their respective shares reflected in the land‑register.

—(1) Where there is a subsisting lease for a flat in a building erected on unregistered land and the lease for such a flat has been registered under the Registration of Deeds Act 1988, the Registrar may issue a subsidiary certificate of title to the owner (as it appears from the records kept by the Registry of Deeds) of the flat without requiring the owner to produce the lease or any other documents of title in the owner’s possession for cancellation.

(2) If the Registrar intends to issue a subsidiary certificate of title in accordance with subsection (1), the Registrar must —(a)

insert a notice in one or more local daily newspapers circulating in Singapore stating the Registrar’s intention to issue the subsidiary certificate of title to the owner of the flat after the expiry of 21 days from the date of publication of the notice; and

(b)

send by registered post, a notice to the owner informing the owner of the Registrar’s decision to issue a subsidiary certificate of title for the flat.

(3) A subsidiary certificate of title issued under this section must, where applicable, be endorsed with a notice —(a)

stating that the area and plan reference of the flat are not stated as no survey has been carried out and approved by the Chief Surveyor; and

(b)

stating the owner’s share in the land on which the flat stands or the owner’s share in the land appurtenant to the flat which forms part of the development.

(4) Where the Registrar determines from the records in the Registry of Deeds that it was intended that the owner of the flat should —(a)

own a share in the land on which the flat stands; or

(b)

own a share in the land appurtenant to the flat which forms part of the development,

the Registrar may, despite any earlier failure or omission to transfer the relevant share in land to the owner of the flat, endorse on the subsidiary certificate of title —

(c)

the share in land owned by the owner; or

(d)

the share in land appurtenant to the flat,

as the case may be.

[8/2014]

(5) A share in the land appurtenant to a flat comprised in a subsidiary certificate of title must not be dealt with except as appurtenant to the flat and any dealing of that flat operates to deal with the share in the land.[8/2014]

(6) Where the owner of the land has granted leases for some but not all of the flats in the building, the owner is deemed to be a proprietor of the flats which are still owned by that owner.

(7) Where the owners of the flats are also the owners of the land on which the flats stand or which form part of the development, the Registrar must, except upon request, retain the certificate of title issued for the land.[8/2014]

(8) For the purposes of this section —(a)

it is deemed that the planning approval for subdivision of the building had been granted by the relevant authority;

(b)

in the event of a conflict between this section and the provisions of the Land Titles (Strata) Act 1967, this section prevails; and

(c)

“flat” has the meaning given by section 3 of the Land Titles (Strata) Act 1967.

(9) This section also applies with the necessary modifications where —(a)

subsisting leases for flats are registered under the Registration of Deeds Act 1988 and the flats are in a building erected on registered land; and

(b)

the land is vested in the owners of the flats as tenants‑in‑common in their respective shares reflected in the land‑register.