Section 8 — Land (Subsidiary Title) Enactment 2026

(a)

approve such application, if it appears to him that the conditions specified in section 7 are satisfied and that each of the proposed parcels —

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(i)

will have adequate means of access not passing through another parcel;

(ii)

will have adequate means of internal communication not passing through the common property unless otherwise approved by the relevant local authority;

(iii)

will have such minimum areas as may be determined by the

Director; and

(iv)

in the case of a development parcel, complies with subsection 6(11); or

(b)

in any other case, reject the application.

(2)

Notwithstanding paragraph (1)(b), where an application involves a proposal for the creation of one or more parcels extending beyond the limits of a storey, the Director may approve such application —

(a)

if he is of the opinion that there are special circumstances to the case; or

(b)

if such application involves a provisional subsidiary title pursuant to the

Building Subdivision Authorisation issued under the Building Management

Enactment 2026.

(3)

The Director may approve the application in subsection (2) notwithstanding that such application is supported only by a layout plan of the building drawn by the registered surveyor as long as such layout plan is —

(a)

capable of identifying as accurately as possible the position of the parcel and the area and portions to which it relates; and

(b)

drawn according to the actual features of the building.

(4)

Where the Director has approved any application for subdivision, he shall —

(a)

transmit the application and the other documents to the Government surveyor;

(b)

issue a Registered Survey Paper to the registered surveyor appointed by the owner authorizing a survey to be carried out any time after the issuance of the super structure stage certificate provided that where the Director considers it expedient, the Registered Survey Paper may be issued notwithstanding the subdivision is yet to be approved; and

(c)

on being notified by the Government surveyor of the estimated amount of the fees chargeable in respect of —

(i)

any survey to be carried out under paragraph 9(1)(a); and

(ii)

the preparation of plans and copies of plans, pursuant to paragraphs 6(2)(b) and (c), require the Collector to call for the payment of that amount by the owner.

(5)

Where he rejects any application under this Part, the Director shall notify the owner and shall cancel the note endorsed on the lease pursuant to subsection 6(7).

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Action by Government surveyor after approval of subdivision application