Issue of subsidiary certificate of title to registered lessee
Open ↗122.—(1) A registered lessee may by an application in the approved form apply to the Registrar for the issue of a subsidiary certificate of title in respect of the registered leasehold estate to the registered lessee’s flat.
(2) The registered lessee must at the time of making the application surrender the registered lessee’s duplicate lease to the Registrar.
(3) Upon the issue of a subsidiary certificate of title, the Registrar must enter a memorial in the volume and folio of the land-register of the registered land on or over which the flat is erected to the effect that a subsidiary certificate of title has been issued to the registered lessee for the registered leasehold estate.
(4) The subsidiary certificate of title must be in the approved form and upon its issue any assurance or other dealing affecting the leasehold estate comprised therein is subject to the Land Titles Act 1993.
Flats sold by Housing and Development Board
Open ↗123.—(1) The restriction imposed by section 6(1) on an assurance disposing of any part of a subdivided building does not apply to any assurance disposing of any interest in any flat in a subdivided building erected on registered land where the interest in the flat is held under a lease from the Housing and Development Board constituted under the Housing and Development Act 1959.
(2) Where a strata title application for a parcel is lodged by the Housing and Development Board with and duly registered by the Registrar, the provisions of this Act relating to a strata title plan and a subsidiary proprietor and section 10A and Part 5 and this Part and the Building (Strata Management) Act 2004 apply to each and every subdivided building comprised in the registered strata title plan for that parcel.[Act 12 of 2020 wef 01/10/2025]
Flats sold by Jurong Town Corporation
Open ↗124.—(1) The restriction imposed by section 6(1) on an assurance disposing of any part of a subdivided building does not apply to any assurance disposing of any interest in any flat in any subdivided building erected on registered land where the interest in the flat is held under a lease from the Jurong Town Corporation constituted under the Jurong Town Corporation Act 1968.
(2) Where a strata title application for a parcel is lodged by the Jurong Town Corporation with and duly registered by the Registrar, the provisions of this Act relating to a strata title plan and a subsidiary proprietor and section 10A and Part 5 and this Part and the Building (Strata Management) Act 2004 apply to each and every subdivided building comprised in the registered strata title plan for that parcel.[Act 12 of 2020 wef 01/10/2025]
Subsidiary strata certificates of title for flats with registered leases under Registration of Deeds Act 1988
Open ↗125.—(1) Where there are 3 or more flats in a building and subsisting leases for those flats have been registered under the Registration of Deeds Act 1988, the proprietor of the land together with the proprietors of those flats who altogether own not less than 25% of the total number of flats in the building may lodge with the Registrar a strata title application in the approved form —(a)
to have the land brought under the Land Titles Act 1993; and
(b)
for the issue of subsidiary strata certificates of title for all those flats.
(2) A strata title application submitted to the Registrar under subsection (1) —(a)
must be accompanied by a transfer of the proprietor’s estate and interest in the land to the proprietors of all the flats in that building as tenants-in-common in the shares according to the ratio of one share to each flat, except that where the flats are of different sizes, the share in the land allotted to the proprietor of each flat has the value determined by the Registrar based on the methods used by the Commissioner for the allocation of share values under the Building (Strata Management) Act 2004; and[Act 12 of 2020 wef 01/10/2025]
(b)
must not be registered unless the strata title plan has been lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act 1998.
(3) The Registrar may, upon acceptance of the application, dispense with the production of the leases of the flats.
(4) Before issuing subsidiary strata certificates of title in favour of the proprietors of the flats as shown in the records of the Registry of Deeds, the Registrar must —(a)
require a notice in the form approved by him or her to be inserted once in one or more daily newspapers to the effect that the Registrar will issue the subsidiary strata certificates of title under this section to the proprietors of the flats as shown in the records maintained at the Registry of Deeds after the expiration of 6 weeks from the date of publication of the notice if no valid objection is received by the Land Titles Registry; and
(b)
send by registered post a copy of the notice mentioned in paragraph (a) to the proprietors of all the flats at the addresses shown in the transfer mentioned in subsection (2).
(5) Despite subsections (1) to (4), the Registrar may, in order to relieve any case of extreme hardship, in his or her discretion, issue any subsidiary strata certificate of title in favour of a purchaser of a flat whose assignment of the leasehold estate of the flat has been duly stamped and lodged with the Registrar of Deeds, notwithstanding that the name of the purchaser was not shown in the transfer lodged under subsection (2).
(6) Where the proprietors of the flats who altogether own not less than 25% of the total number of the flats as shown in the records of the Registry of Deeds as at the date of transfer mentioned in subsection (2) have agreed in writing to accept the transfer of the estate and interest of the proprietor of the land, all the proprietors of the flats within the same development and all the respective successors in title or assigns are deemed to have accepted the transfer of the proprietor’s estate and interest in the land and to have given consent to the application for the issue of the subsidiary strata certificates of title by the Registrar and the acceptance of the transfer of the proprietor’s estate and interest in the land.
(7) The proprietor of the land must deposit with the Registrar the title deeds in that proprietor’s possession relating to the land and the Registrar may, after inspection of the title deeds, create a folio of the land-register by issuing a certificate of title for the land on which the flats are erected.
(8) Where the Registrar is satisfied with the evidence of title and that all the necessary documents are in order, the Registrar may issue subsidiary strata certificates of title for the flats after the publication of the notice mentioned in subsection (4).
(9) The Registrar may, under subsections (7) and (8), issue the certificate of title and the subsidiary strata certificates of title qualified as to their title or their boundaries and dimensions, and sections 25 and 165 of the Land Titles Act 1993 apply, with the necessary modifications, to such certificate of title and subsidiary strata certificates of title.
(10) Upon the registration of the strata title application, the management corporation of the parcel of land must reimburse the person or persons who incurred any expenditure for the purpose of —(a)
bringing the land under the Land Titles Act 1993;
(b)
applying for the issue of subsidiary strata certificates of title for all those flats comprised in a building or buildings erected on the parcel;
(c)
lodging the transfer under subsection (2);
(d)
the preparation of the strata title plan for the parcel;
(e)
the publication of the notices mentioned in subsection (4)(a); and
(f)
issuing notices to the proprietors of the flats under subsection (4)(b).
(11) It is the duty of the management corporation to determine the amount of contributions payable by the subsidiary proprietors of the lots in the subdivided building concerned to its management fund to meet the expenditure mentioned in subsection (10) and any contributions so levied by the management corporation are deemed to be contributions levied under section 39(3) of the Building (Strata Management) Act 2004.[Act 12 of 2020 wef 01/10/2025]
(12) For the purposes of this section, where the registered proprietor of the land on which the building is erected has granted leases for some but not all of the flats in the building, that registered proprietor is deemed a proprietor of the flats which are still owned by that registered proprietor.
Subsidiary strata certificates of title for flats where proprietors own leasehold estate of at least 999 years or other estate
Open ↗125A.—(1) Where the subsisting leases of the flats registered under the Registration of Deeds Act 1988 or the Land Titles Act 1993 are for a leasehold estate of 999 years or more or for such other estate as the Minister may, by notification in the Gazette, specify and where the proprietors of those flats who altogether own not less than 25% of the total number of flats in the development have agreed to have the land brought under the Land Titles Act 1993 and for the issue of subsidiary strata certificates of title for all the flats, the proprietor of the land is deemed to have agreed to the transfer of the land without consideration to the proprietors of the flats in the shares as specified in section 125(2)(a) or 126(1) or (2), as the case may be.
(2) The proprietors of the flats mentioned in subsection (1) must serve a notice on the proprietor of the land and the subsisting mortgagees, chargees or other persons with an estate or interest in land who appear as such in the records of the Land Titles Registry or the Registry of Deeds (as the case may be) at least one month before the date of the strata title application is filed with the Registrar, informing them of the transfer under subsection (1).
(3) Section 125 or 126 (as the case may be), except the provisions relating to the transfer of the land by the registered proprietors, continues to apply to the proprietors of the flats mentioned in subsection (1).
(4) Upon registration of the strata title application for the development and the issue of subsidiary strata certificates of title for the flats in the development, the estate and interest of the registered proprietor in the land vests in the subsidiary proprietors.
Issue of subsidiary strata certificates of title for flats with subsisting leases registered under Land Titles Act 1993
Open ↗126.—(1) Where there are subsisting leases of flats registered under the Land Titles Act 1993, the registered proprietors of the flats who altogether own not less than 25% of the total number of flats comprised in the development together with the registered proprietor of the land on which the said development is erected may lodge with the Registrar a transfer of the estate and interest of the registered proprietor of the land to all the registered proprietors of the flats as tenants-in-common in the shares according to the ratio of one share to each flat together with a strata title application in the approved form.
(2) Where the flats in the development are of different sizes, the shares in the land to be allotted to the registered proprietor of each flat are the values determined by the Registrar based on the methods used by the Commissioner for the allocation of share values under the Building (Strata Management) Act 2004.[Act 12 of 2020 wef 01/10/2025]
(3) A strata title application submitted under subsection (1) must not be registered unless the strata title plan has been lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act 1998.
(4) The Registrar may, upon being satisfied that the transfer and the strata title application are in order —(a)
register all the registered proprietors of the flats as the proprietors of the registered land as tenants-in-common;
(b)
issue the subsidiary strata certificates of title according to the strata title application; and
(c)
dispense with the production of the duplicate leases of the flats.
(5) Where the registered proprietors of the flats who altogether own not less than 25% of the total number of flats comprised in the development have agreed in writing to accept the transfer of all the estate and interest of the registered proprietor in the land on which the development is erected, all the remaining registered proprietors of the flats in the same development are deemed to have accepted the transfer and deemed to have applied for the issue of subsidiary strata certificates of title for the flats.
(6) Before issuing subsidiary strata certificates of title in favour of the registered proprietors of the flats as shown in the records of the Land Titles Registry, the Registrar must —(a)
require a notice in the form approved by him or her to be inserted once in one or more daily newspapers to the effect that the Registrar will issue the subsidiary strata certificates of title under this section to the registered proprietors of the flats as shown in the records maintained at the Land Titles Registry after the expiration of 6 weeks from the date of publication of the notice if no valid objection is received by the Registrar; and
(b)
send by registered post a copy of the notice mentioned in paragraph (a) to the registered proprietors of all the flats at the addresses shown in the records of the Land Titles Registry or in the transfer lodged under subsection (1) where the addresses differ from that shown in the records of the Land Titles Registry.
(7) Despite subsections (1), (2) and (3), the Registrar may, in order to relieve any case of extreme hardship, issue any subsidiary strata certificate of title in favour of a purchaser of a flat whose transfer of the leasehold estate of the flats has been duly stamped and lodged with him or her, notwithstanding that the name of the purchaser was not shown in the transfer lodged under subsection (1).
(8) The Registrar may, under subsection (4), issue the subsidiary strata certificates of title qualified as to their title or their boundaries and dimensions, and sections 25 and 165 of the Land Titles Act 1993 apply, with the necessary modifications, to such subsidiary strata certificates of title.
(9) Upon the registration of the strata title application, the management corporation of the parcel of land must reimburse the person or persons who incurred any expenditure for the purpose of —(a)
applying for the issue of subsidiary strata certificates of title for all those flats comprised in the development erected on the parcel;
(b)
lodging the transfer under subsection (1);
(c)
the preparation of the strata title plan for the parcel;
(d)
the publication of the notices mentioned in subsection (6)(a); and
(e)
issuing notices to the proprietors of the flats under subsection (6)(b).
(10) It is the duty of the management corporation to determine the amount of contributions payable by the subsidiary proprietors of the lots in the subdivided building concerned to its management fund to meet the expenditure mentioned in subsection (9) and any contributions so levied by the management corporation are deemed to be contributions levied under section 39(3) of the Building (Strata Management) Act 2004.[Act 12 of 2020 wef 01/10/2025]
(11) For the purposes of this section, where the registered proprietor of the land on which the development is erected has granted leases for some of but not all the flats in the development, that registered proprietor is deemed the registered proprietor of the flats which are still owned by that registered proprietor.
Issue of subsidiary strata certificates of title for flats with subsisting leases registered under Registration of Deeds Act 1988 where land is vested in flat owners as tenants-in-common
Open ↗127.—(1) Where there are subsisting leases of flats registered under the provisions of the Registration of Deeds Act 1988 and the registered estate or interest in the land on which the flats are erected is vested, subject to the provisions of the Land Titles Act 1993, in the lessees of the flats as tenants-in-common in the shares shown in the land-register, the registered lessees of those flats who altogether own not less than 25% of the total number of those flats may lodge with the Registrar a strata title application in the approved form.
(2) A strata title application submitted under subsection (1) must not be registered unless the strata title plan has been lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act 1998.
(3) The Registrar may, upon acceptance of the application, dispense with the production of the leases of the flats.
(4) Before issuing subsidiary strata certificates of title in favour of the registered lessees of the flats as shown in the records of the Registry of Deeds or the Land Titles Registry, the Registrar must —(a)
require a notice in the form approved by him or her to be inserted once in one or more daily newspapers to the effect that the Registrar will issue the subsidiary strata certificates of title under this section to the registered lessees of the flats as shown in the records maintained at the Registry of Deeds or the Land Titles Registry after the expiration of 6 weeks from the date of publication of the notice if no valid objection is received by the Land Titles Registry; and
(b)
send by registered post a copy of the notice mentioned in paragraph (a) to the registered lessees of all the flats at the addresses shown in the records of the Registry of Deeds or the Land Titles Registry.
(5) Where the Registrar is satisfied that all the necessary documents are in order, the Registrar may issue subsidiary strata certificates of title for the flats after the publication of the notice mentioned in subsection (4).
(6) Any subsidiary strata certificate of title issued by the Registrar under subsection (5) may be qualified as to its title or its boundaries and dimensions, and sections 25 and 165 of the Land Titles Act 1993 apply, with the necessary modifications, to such subsidiary strata certificate of title.
(7) Upon the registration of the strata title application, the management corporation of the parcel of land must reimburse the person or persons who incurred any expenditure for the purpose of —(a)
applying for the issue of subsidiary strata certificates of title for all those flats comprised in a building or buildings erected on the parcel;
(b)
the preparation of the strata title plan for the parcel;
(c)
the publication of the notices mentioned in subsection (4)(a); and
(d)
issuing notices to the registered lessees of the flats under subsection (4)(b).
(8) It is the duty of the management corporation to determine the amount of contributions payable by the subsidiary proprietors of the lots in the subdivided building concerned to its management fund to meet the expenditure mentioned in subsection (7) and any contributions so levied by the management corporation are deemed to be contributions levied under section 39(3) of the Building (Strata Management) Act 2004.[Act 12 of 2020 wef 01/10/2025]
Effect of issue of qualified certificate of title and of subsidiary strata certificates of title
Open ↗128.—(1) Upon the issue of a qualified certificate of title for the land under section 125, the provisions of the Land Titles Act 1993 relating to a qualified certificate of title apply to the land comprised therein.
(2) Upon the issue of the subsidiary strata certificates of title for the flats under section 125, 125A, 126 or 127 or the repealed section 126A, all the provisions of the leases of the flats registered under the provisions of the Registration of Deeds Act 1988 and the Land Titles Act 1993 cease to apply to the flats except in respect of any terms, covenants and conditions which were subsisting prior to the date of the issue of the subsidiary strata certificates of title insofar as they relate to any obligations which have yet to be fulfilled or any cause of action which had arisen as between the registered proprietors of the flats themselves and as between the registered proprietors of the flats and the registered proprietors of the land on which the flats are erected.[4/2021]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
