STRATA TITLES

INTRODUCTION
1. A major trend in the housing industry in
the last decade has been towards high-rise
development. This includes residential,
commercial and also light industrial
development.
This is due to the fact that land is
becoming a scarce resource so maximize
the land use by upwards is the best
alternative.
. !ue to this development , the issuance
of strata titles is of great importance to the
purchasers of the parcel as evidence of
ownership of the property.
". According to the statistic till "#$%$&'
there %(, )( number of strata titles
registered and issued and *11
+anagement ,orporations involved.
There are also many more developers of
completed high-rise buildings who have
yet to apply for strata titles.
-). The /TA 1&*( provides for registration
of /trata 0lan, as the means thereby a
building of at least two or more -now one.
stories can be divided into parcels and
common property.
A body corporate called the Management
Corporation is automatically formed upon
registration of strata plan.
The common property consist of all that
part of the building and the lot on which
building stands which is not included in any
individual parcel.
The bopundary between each parcel and
the common property or another parcel is
the centre of the wall or ceiling and floor.
-s. 1"-"..
Lee Wah Bank Lt! " Chi Li#ng
$olings Sn!Bh!
1here a 2an3 which owned a parcel in a
subdivided building wanted to install an
automatic teller machine through the wall
to the outside. The court held that the ban3
did not own the esterior wall as tha
common boundary was the centre of the
wall and t$fore they had to obtain
permission from the management corpr. to
install their AT+ machine.
%arcel4 means one of the individual units
comprised therein, which -except in the
case of anacessory parcel. is held under
separate strata title.
BASIC RE&UIREMENTS 'OR ISSUANCE O' STRATA
TITLES
s. % -1. /trata titles can be registered and issued only when the
following basic re5uirements are met4
-a. there is a completed building $buildings on the land
-b. the building $buildings has two or more stories or only one
storey whether above or below the surface of the land.
-c. The land is held under one lot
-d. The land is alienated land 6 and
-e. The land is held under final title
A%%LICATION 'OR SUBDI(ISION O' BUILDIN)
The compulsory application should be made in the following
situations4
-a. s. *-1. /TA proprietor of the alienated land in s. % shall
apply within % months for subdivision of the building if at any
time he has sold or agreed to sell any parcel of such building to
any person. The time commencement of % months period varies
according to whether the building has been completed 7 whether
sale was before or after "..&# .8ailure to ma3e such
application is an offence punishable 9(### 7 further 91### per
day.
:$ever an application to extend the period can be made u$s. *-).
to the !;+.
SUBMISSION O' A%%LICATION 'OR STRATA TITLE
s. 1# -1. /TA provides that4
-a. Application 'orm
The application for strata titles is made by using 8orm 1 in the
8irst schedule /TA. to the ;and Administrator .<t has to be sign
by proprietor$owner of the land.
-b. Re*#irement To Be S#+mitte
-i. the application fee as prescribed in the /tate=s
/trata Titles >ules.
-ii. " copies of the approved building plan
-iii." copies of the proposed strata plan which consists
of the location plan and the storey plan of the
building.
-iv.certification by the land surveyor
-v. permit to use air space, if applicable
-vi.certification by the architect, if applicable
-vii.where applicable, the written consents of the
chargee, lessee or lien-holder of the land or
chargee and lien-holder of the lease.
-viii. the issue document of title to the land
-ix. " copies of the certified plan of the lot which has been
approved by the !irector of survey, if the land is held under
5ualified title6 and
-x. where phased development is involved, " copies of the
approved building plans of the provisional bloc3$s, the location
plan and " copies of the storey plan of the provisional bloc3$s,
and the proposed 5uantum of share units.
? the amendment in 1&&% allows4
-a. 5ualified title holder to apply for strata title .2ut the
certified plan must be approved by !irector of /urvey.
-b. 0roprietor$developer now also can apply for /trata titles
even before getting ,ertificate of 8itness.
CONDITIONS 'OR A%%RO(AL
1ith all the necessary re5uirements, the proprietor
will submit the application to the ;and @ffice.
s. & The director shall not approve an application if
the following conditions are not fulfilled4
-a. ,ertification by land surveyor that the building$s
are situated wholly within the boundaries of
the lot in 5uestion.
-b. The subdivision does not contravene any
restrictions in interest.
-c. <t is not contrary to any written law
-d. Ao items of land revenue are outstanding
-e. /hare units assigned are e5uitable
-f. Bach parcel has ade5uate means of access 7
ade5uate means
-g. <nternal communication
-h. There are at least 1 years to run if the title is
leasehold
-i. The land is not subject to a charge or lien
-j. <f the development is staged, a completion date
must be given 7 a deposit must be paid which
will be forfeited if the building is not completed.
<f these conditions are satisfied, the !irector of ;and
7 +ine -!;+. will approve the subdivision 7 direct the
>egistrar or ;A to register the strata title or
provisional strata titles.
The proce#re are mentione in s! ,- . ,/A.
TERMINATION O' SUBDI(ISION0s! 123 145
<f the building is totally destroyed, +, may if directed
by unanimous resolution of the owners ta3e action to
re5uest to the >egistrar to terminate the sub division
and become the trustee of the lot.
<f the lot is subse5uently transferred then +, can be
wound up and cease.
The >egistrar will cancelled in the boo of strata
register.
A%%LICANT
apply to the ;and @ffice
LAND O''ICE
>eceives and chec3s applications
s. 1#-1.
SUR(E6 DE%T!
1ill chec3 strata plan s. 1#-*.
LAND O''ICE
Transmit s application together with
recommendation to !.;.+.
s. 1#-1#.
D!L!M
decides on applications and
conveys decisions to ;and @ffice
s. 1#-1#.
LAND O''ICE
conveys decisions to applicant s.
C1-".D
And re5uests for payment and the
name and adress of +.,.
A%%LICANT
settles payment and supplies the
name and address of +.,. to land
@ffice.
/. 1" -1.
LAND O''ICE
informs !.;.+. and /urvey !ept.
tht fees have been paid s. 1"-1.
D!L!M!
transmits and approved the
applications to /urvey !ept.
SUR(E6 DE%T
,hec3s certified plan prepared by
;icensed ;and /urveyor and
prepare title plans
s. 1"-1.
D!L!M!
receives the approved application a
copy of the ,0 and titles forms
-8orm ) or )A /TA. and direct
>egistrar$;.A. to register the strata
title
s 1)
RE)ISTRA7L!A!
will register strata titles. /. 1( 7 1%
A%%LICANT
if name and address of +.,. have
not been supplied registrar will
re5uest to submit
LAND O''ICE
issue strata tiles to applicant.
s.1%
%ROCESSIN)
A%%LICATION0s!,-8
,/5
%ROBLEMS ENCOUNTERED ON %ROCESSIN)
STRATA TITLES
-1. Bncroachment onto a road or other road
-. !etermination of matters listed in s. &
-". +inor ,harges to @riginal !esign
%ARCEL 3 ACCESSOR6 %ARCELS
s. 1#-). -c. states that every proposed strata plan shall
show a legend of all all accessory parcels, and specify
thein the parcels they are made appurtenant to,
irrespective of whether the accessory parcels are
contagious to those specified parcels.
s. 1#-(. where an accesory parcel
-a. consist of a building or part of it and has
boundaries by way of floor, ceiling or walls it
must be shown in the proposed the strata plan
-b. if it does not consist of a building or parts thereof,
the external boundaries of the accessory parcel
be ascertyained from the building plans approved
by the authority and it must be at reasonable
height.
A garage, car par3 or store can be used as accesory
parcel.<t donEt have a separate title.
COMMON %RO%ERT6
s. ) define common property as so much of the lot as is
not comprised in any parcel -including any accesory
parcel., or any provisional bloc3 as shown in an strata
plan.
Thus a car par3 which is shown as accesory parcel in
the strata plan is not a common property.
'a+er Merlin 0M5 Sn!Bh! " L9e Thai Sang 3 Anor
1an /ulaimen /,F states what is common property4
-a. the portion or portions of the lot on which the
multi storey complex stands
-b. the remainder of the complex itself, minus the
individual parcels of business and office and the
basement car par3s.
The ownership of the common property is vested on +,
u.s. 1'-1. and )-1..:$ever the +, only can exercise
their power with unanimous resolution
s. )" -1.-a. +, will maintain and repair the common
property.
Transfer$!isposal of ,ommon 0roperty
/, )-. +, can transfer any portion of comon property
or dispose it to create a new parcel with the approval by
!;+.
Doreen Tan 6ing 6ing " Chong Tet On The %
p#rchase : apprtment ;rom
Realt9 De"! Corp! 0M5! Later she
also +o#gth the parking +a9 in
*#estion! She than sol one o;
tit to the D!
The 0 see3 an injunction to restrain ! from using the
par3ing bay becos she said that she bought it. ! argued
that it formed part of common property an as such he
can used it.
The issue was whether the sale of part of the common
property -a par3ing bay.as a separate entity and
independent parcel was valid.<t was held in favor of !.