Section 6 — Land Subsidiary Title Enactment 1972

(1)

Any application for the approval of the Director to the subdivision of any building or buildings shall be made in writing to the Collector, in Form A of the First Schedule and shall be accompanied by —

(a)

such fee as may be prescribed;

(b)

an index plan, that is to say, a plan containing the details specified in subsection (2) and certified in accordance with subsection (4);

(c)

in relation to each storey of each building, a storey plan, that is to say, a plan containing the details specified in subsection (3) and similarly certified;

(d)

two additional copies of the index plan, and of each of the storey plans;

(e)

(deleted);

(f)

the issue document of title to the lot.

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(2)

Every index plan shall —

(a)

specify the number of the lot and the title number of the land comprised therein;

(b)

delineate the boundaries and boundary marks of the land and the position of all buildings thereon, showing which of those buildings are to be subdivided;

(c)

specify the total superficial area of each building which is to be subdivided;

(d)

include a vertical section of each such building, showing the floors and ceilings, and the height, of each storey; and

(e)

contain such other details as may be prescribed.

(3)

Every storey plan shall —

(a)

specify the number of the lot, the title number of the land comprised therein, and the building numbered storey thereof to which the plan relates;

(b)

define (but without it being necessary to show any bearings) the boundaries of each of the proposed parcels within the storey;

(c)

indicate in respect of each such parcel the index-letter or number by which it is described in Form A of the First Schedule;

(d)

specify the total area of each such parcel;

(e)

distinguish such parts of the storey as are not be to included in any of the parcels but are to become part of the common property; and

(f)

contain such other details as may be prescribed.

(4)

The certification required in respect of any plan under paragraph (b) or (c) of subsection (1) shall be by a surveyor and —

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(a)

in the former case, shall be to the effect that the plan is correct;

(b)

in the latter case, shall be to the effect that the plan has been compared by him with the original plans of the building made by the architect responsible for its construction and, where it is a storey plan that is certified, that the boundaries of the parcels shown thereon are as defined in accordance with paragraph (b) of subsection (3).

(5)

Upon receiving any application under subsection (1), the Collector, if satisfied that it and the other documents presented therewith are in order, shall transmit the application and other documents to the Director.

(6)

Upon receiving any application from the Collector pursuant to subsection (5), the

Director shall cause a note of the making thereof to be endorsed on the register document of title to the land.

(7)

Where an accessory parcel —

(a)

consists of a building or parts thereof and is bounded by external walls, floors and ceilings, the dimensions and boundaries of such accessory parcel shall be shown in the proposed index and storey plan in accordance with the requirements of subsections (2) and (3);

(b)

does not consist of a building or parts thereof —

(i)

the external boundaries of the accessory parcel shall be ascertained from the building plans approved by the planning authority, and the accessory parcel shall be up to reasonable height or to the extent of any projection above or encroachment below the ground level by another part of the lot; and

(ii)

the proposed index and storey plan shall show a diagram of the accessory parcel with similar dimensions as those shown on the approved plans mentioned in subparagraph (i).

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Powers of Director in relation to applications.