ACT 1985 (ACT
Power to divide
Lands and Mines.
Power of Director
of Lands and
strata plan by
and issue of
In this Part, unless the context otherwise requires, the words -
"affected", in relation to a parcel, means affected or intended to be affected by a division or amalgamation;
"amalgamation" means an amalgamation of parcels;
"application" means an application to divide or amalgamate parcels;
"division" means a division of a parcel;
"new", in relation to a parcel, means resulting or intended to result from a division or amalgamation.
25. Power to divide and amalgamate parcels.
(1) A parcel proprietor may, with the approval of the Director -
(a) divide his parcel into two or more new parcels, each to be held by him under a separate title; or
(b) where he holds two or more contiguous parcels, amalgamate them to form one parcel to be held by him under a single strata title.
(2) For the purposes of paragraph (b) of subsection (1) any two or more parcels shall be taken to be contiguous if each of them shares at least one boundary, including a boundary which consists of a floor or ceiling, with another of them.
(3) Where the division of a parcel or the amalgamation of two or more parcels results in the creation of any additional or new common property, the proprietor shall obtain the written consent of the management corporation before making the application under section 28 for the approval of the Director.".
26. Effect of division or amalgamation.
(1) On a division, the number of share units of each parcel shall be a whole number allotted by the proprietor of the divided parcel as approved by the Director.
Provided that the total number of share units of all the new parcels shall be equal to the number of share units of the divided parcel.
(2) On an amalgamation, the number of share units of the new parcel shall be a number equal to the total number of share units of the amalgamated parcels.
(3) Subject to subsections (1) and (2), Part VII shall apply in relation to a new parcel in a subdivided building as if the new parcel were one of the parcels which came into existence when the building was subdivided.
27. Conditions for approval of division or amalgamation.
The Director shall not approve a division or amalgamation unless the following conditions are satisfied:
(a) that the proposed division or amalgamation would not contravene any restriction in interest to which any of the affected parcels is subject;
(b) that the proposed division or amalgamation would not be contrary to the provisions of any written law for the time being in force, and that any requirements imposed with respect to the division or amalgamation by or under any such law have been complied with;
(c) that no item of land revenue is outstanding in respect of any affected parcel;
(d) that consent in writing to the making of the application has been obtained from every person who at the time when the approval was applied for, was entitled to the benefit of -
(da) that, where the division or amalgamation results in the creation of additional common property or new common property, the written consent of the management corporation to the making of the application has been obtained;
(i) a charge of an affected parcel;
(ii) a lease of an affected parcel or any part thereof, other than, in the case of a division, a part corresponding precisely with or included within one of the new parcel;
(iii) a charge of such a lease; or
(iv) a lien over an affected parcel or such a lease;
(e) that where an amalgamation is proposed, each new parcel will have adequate internal means of communication not passing through common property;
(f) that, where a division is proposed, each new parcel will have adequate means of access not passing through another parcel;
(g) that the proposed share units assigned to the new parcels by the proprietor in his application in Form 6 are equitable.
28. Application for approval.
(1) Any application for the approval of the Director to a division or an amalgamation shall be made in writing in Form 6 or 7, as the case may be, to the Land Administrator and shall be accompanied by -
(a) such fee as may be prescribed;
(b) a plan in triplicate, duly certified by a land surveyor and showing all the details of the division or amalgamation;
(c) a statement from the applicant of the number of share units of the new parcel or parcels;
(d) all such written consents to the making of the application as are required under paragraph (d) of section 27;
(da) the written consent of the management corporation to the making of the application as required under paragraph (da) of section 27; and
(e) the issue documents of title of the affected parcel or parcels.
(2) Upon receiving any application, the Land Administrator shall -
(a) endorse or cause to be endorsed a note of the making of the application on the register document of title to each affected parcel; and
(b) refer the application to the Director of Survey and transmit to him a copy of the plans submitted under subsection (1).
29. Action by Director of Survey.
The Director of Survey shall, upon receiving a copy of the plan transmitted by the Land Administrator, check the said plan and carry out or cause to be carried out such survey of the affected parcel or parcels as he may consider desirable and advise the Land Administrator as to whether the plans are in order and notify him of the amount of fees to be collected upon approval in respect of such survey and for the preparation of plans.
30. Land Administrator to transmit application to Director of Lands and Mines.
Upon receiving the advice of the Director of Survey, the Land Administrator shall transmit to the Director, the application and its accompanying documents together with his recommendations.
31. Power of Director of Lands and Mines in relation to application for division or amalgamation.
(1) The Director, upon receiving the application and its accompanying documents from the Land Administrator, shall -
(a) approve the division or amalgamation to which the plan relates if it appears to him that the conditions specified in section 27 are satisfied; and
(b) in any other case, reject the application,
(2) Where the Director has rejected an application, he shall notify the Land Administrator who shall forthwith inform the proprietor and shall cancel or cause to be cancelled the note thereof endorsed on the register document of title under subsection (2) of section 28.
(3) Where the Director has approved a division or an amalgamation, he shall -
(a) transmit to the Director of Survey the application and other accompanying documents; and
(b) notify the Land Administrator of the approval and direct him to collect from the proprietor, fees as notified by the Director of Survey under section 29, and fees for the preparation and registration of strata titles.
32. Preparation of new certified strata plan by Director of Survey.
(a) preparation of a new certified strata plan incorporating the changes made by the division or amalgamation, for filing in his office in place of the original certified strata plan; and
(b) preparation of a copy of the new certified strata plan for retention by the Registrar and additional copies thereof for attaching to the issue documents of title,
and shall transmit to the Director, the copies so prepared, together with the application and other accompanying documents.
33. Modification of strata register and issue of fresh documents of title.
(1) Upon receiving from the Director of Survey the copies of the new certified strata plan and other accompanying documents, and upon being informed by the Land Administrator that the fees in respect of the preparation and registration of strata titles to the new parcel or parcels have been duly paid, the Director shall direct the Registrar to take action as specified in subsection (2).
(2) On being directed by the Director, the Registrar shall -
(a) replace the copy of the original certified strata plan in the relevant book of the strata register with the copy of the new certified strata plan prepared for his retention;
(b) amend the schedule of share units of the parcels and make such other alterations in the relevant book of the strata register as are necessary to take account of the changes made by the division or amalgamation; and
(c) issue title in continuation to the new parcel or parcels as if he were issuing title in continuation to land subdivided or amalgamated under Chapter 1 or 3 of Part Nine of the National Land Code.
33A. Effect of registration in respect of common property created upon division or amalgamation.
Upon the registration of the strata title or titles to the new parcel or parcels upon the division or amalgamation, the parts of any parcel which are created as common property shall be deemed to form part of the common property in relation to all the parcels comprised within the subdivided building.
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