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Part II · Application for Subdivision of a Building or Land

Section 8A

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(1)

For the purpose of subsection 9(1), the original proprietor of any alienated land on which the building or land is capable of being issued with strata titles shall apply for a certificate of proposed strata plan to the

Director of Survey by submitting Form 10 together with the following:

(a)

fees for the survey carried out or caused to be carried out under subsection 8A(8);

(b)

except in a case falling under paragraph (c), the original copy of the building plans approved by the local planning authority;

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(c)

if the original copy of the building plans approved by the local planning authority are not available, the application under this subsection shall be accompanied by—

(i)

plans of the building, certified by a Professional

Architect or by a land surveyor as having been drawn according to the actual features of the building and as truly representing those features; and

(ii)

a certification by a duly authorized officer of the appropriate local planning authority that the building as represented by the plans mentioned in subparagraph (i), was erected with planning permission but the plans and specifications by reference to which that permission was given are no longer available, and that the local planning authority is nevertheless satisfied that the building as so represented satisfies planning requirements;

(d)

a proposed strata plan comprising a location plan, storey plan and delineation plan, containing such details as are specified in subsections (2), (3), (4), (5), (6) and (7) respectively, and certified by a land surveyor as follows:

(i)

that he has made a comparison of the plans to the approved building plans prepared by a Professional

Architect registered under the Architects Act 1967

[Act 117] or a Professional Engineer registered under the Registration of Engineers Act 1967 [Act 138]

responsible for its construction, or in a case falling under paragraph (c), to the building plans which have been drawn and certified by the Professional Architect or by the land surveyor;

(ii)

in the case of a storey plan, that the boundaries of the parcels shown thereon follow features of permanent construction appearing in the building;

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(iii)

that the building or buildings are situated wholly within the boundaries of the lot in question, but discounting any eave, awning, and any balcony not forming part of a proposed parcel, which projects over a road reserve to which there subsists a permit or permits issued under section 75A of the National Land

Code in respect of every such eave, awning and balcony;

(iv)

that each of the proposed parcels has—

(A)

an adequate means of access not passing through another parcel; and

(B)

an adequate means of internal communication not passing through the common property;

(v)

that it has been certified by a land surveyor that the position of each provisional block as delineated on the location plan is wholly within the boundaries of the lot in question;

(e)

in the case of any building or land parcels for the erection of which planning permission was required, a certification by the Professional Architect or by the Professional Engineer referred to in subparagraph (1)(d)(i) that the building was constructed in accordance with the plans and specifications by reference to which that permission was given; and the plans and specifications of the buildings state the date on which such permission was given and the reference number, if any;

(f)

a certified copy of the final title of the lot;

(g)

a certified copy of the document that certifies the super structure stage for the case under paragraph 8(2)(a);

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(h)

a certified copy of the certificate of completion and compliance or certificate of fitness for occupancy, as the case may be, except in the case under paragraph 8(2)(a); and

(i)

a certified copy of the schedule of parcel or amended schedule of parcels, as the case may be, filed with the Commissioner under the Strata Management Act 2013 except in the case under paragraphs 8(2)(b) and (d).

(1A)

Notwithstanding subsection (1), the Director of Survey, in approving the application for the certificate of proposed strata plan—

(a)

of a special building; or

(b)

in any other circumstances where he deems fit, may give exemption to the documents in paragraphs (1)(e) and (h) or require any other documents together with the application.

(2)

For the purpose of subdivision under subsection 6(1A), the proposed strata plan shall comprise a location plan and a delineation plan, and in the case of subdivision of land with shared basement, includes a storey plan showing the proposed accessory parcels and common property.

(3)

Every location plan shall—

(a)

specify the lot number, the title number of the land comprised therein and the area thereof;

(b)

delineate the boundaries and boundary marks of the lot and the position of all buildings thereon, showing which of these buildings are to be subdivided and in the case of an application for subdivision of land into land parcels, delineate the boundaries and boundary marks of the lot and the parcels showing the position of all the buildings thereon;

(c)

in the case for subdivision of building, and subdivision of land into land parcels with shared basement, include a vertical

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section of each such building or shared basement, as the case may be, showing—

(i)

the floor and ceiling of each storey; and

(ii)

the height of each storey; and

(d)

contain such other details as may be determined by the

Director of Survey.

(4)

Every storey plan shall—

(a)

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

(b)

delineate, subject to the provisions of paragraphs (7)(a)

and (b), each proposed parcel and define the boundaries thereof by reference to floors and walls showing the horizontal dimensions, without it being necessary to show the bearing;

(c)

indicate in respect of each such parcel the number by which it is described in the proposed strata plan;

(d)

specify the floor area of each parcel;

(e)

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

(f)

contain such other details as may be determined by the

Director of Survey.

(5)

Every delineation plan shall—

(a)

specify the lot number and the title number of the land comprised therein, and the land parcel to which the plan relates;

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(b)

delineate each proposed land parcel by reference to the lot boundary showing the bearing and distance of each boundary;

(c)

indicate in respect of each such land parcel the number by which it is described in the proposed strata plan;

(d)

specify the area of each land parcel;

(e)

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

and

(f)

contain such other details as may be determined by the

Director of Survey.

(6)

Every proposed strata plan shall—

(a)

show a legend of—

(i)

all parcels;

(ii)

all common property; and

(iii)

all accessory parcels, and specify therein the parcels they are made appurtenant to, irrespective of whether the accessory parcels are contiguous to those specified parcels; and

(b)

contain such other particulars as may be determined by the

Director of Survey.

(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 strata plan in accordance with the requirements of subsections (3), (4) and (5);

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(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 a reasonable height or to the extent of any projection above or encroachment below ground level by another part of the lot; and

(ii)

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

(8)

The Director of Survey shall thereupon check the location plan, storey plan and delineation plan, whichever is applicable, carry out or cause to be carried out such survey of the land, any of the buildings thereon or any of the parcels, and shall—

(a)

issue a certificate of proposed strata plan to the applicant if he is satisfied that the plans are in order;

(b)

issue a copy of such certificate to the Land Administrator for the purpose of section 8; and

(c)

notify the Land Administrator of the amount of fees to be collected in respect of the plans caused to be prepared in the event of the approval of the application.

(9)

Where an application under subsection (1) involves a provisional block or blocks by virtue of section 9A, the following requirements relating to the provisional block or blocks shall, in addition to the requirements of section 9 relating to the particular building or buildings or land to be subdivided, be observed in making the application:

(a)

the application shall be accompanied by the original copy of the building plans approved by the planning authority for the building or buildings to be, or in the course of being, erected;

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(b)

the location plan shall include a legend, and shall delineate the position of each provisional block, showing in accordance with the approved building plans, the vertical section and dimension of the building or shared basement for land parcel, if any;

(c)

the application shall be accompanied, as forming part of the proposed strata plan, by a storey plan in respect of each provisional block, which shall delineate the external boundaries, and show, in accordance with the approved building plans, the horizontal dimensions of the building or shared basement for land parcel, if any, to which the provisional block relates, without it being necessary to show any bearings; and

(d)

the proposed strata plan shall, in respect of a provisional block or blocks in respect of land—

(i)

delineate the proposed block by reference to the lot boundary showing the bearing and distance of each boundary;

(ii)

specify the area for provisional block or blocks; and

(iii)

contain such other details as may be determined by the Director of Survey.

Report

Read on from s 9

Part III

Registration of Strata Titles

Read on from Part III

Part IV

Provisional Block: Issuance of Strata Titles

Read on from Part IV

Part V

Subdivided Buildings or Land: Division and Amalgamation of Parcels

Read on from Part V

Part VI

Rights and Obligations Attaching to Individual Parcels and Provisional Blocks

Read on from Part VI

Part VII

Management of a Subdivided Building

Part VIII

Termination of Subdivision of Subdivided Building or Land

Read on from Part VIII

Part IX

Part X

Miscellaneous

Read on from Part X

Schedules