Land Code (Strata) Act · 2000 Revised Edition · Part II · Subdivision Into Stratum Estates
11. Consequences of certification of strata plan
Official textFrom Attorney General's Chambers, unchanged
After certification of a strata plan by the Commissioner and until its cancellation or expiry by lapse of time, the following provisions shall apply —
strata plan
“strata plan” means a plan that has been or is intended to be certified under section 9;
the original proprietor shall have no right of occupation or other possessory right to the lot or any building on the lot except to the extent that the original proprietor is or remains the proprietor of a stratum estate in one or more of the principal units;
the original proprietor shall not be entitled to exercise in relation to the land any right or power inconsistent with the existence of the stratum estates in the lot or which may derogate from rights of the stratum proprietors;
Land Code (Strata)
the original proprietor shall not be liable for any annual rental payable under the Land Code (Chapter 40) in respect of the lot;
no proprietor in a unit shall surrender or agree to surrender the stratum estate in that unit to the original proprietor;
where one or more proprietors of a unit or units purchase or acquire, whether by operation of law or otherwise, the original proprietor’s reversionary interest in the lot, that estate shall not merge with the stratum estate in that unit or units;
where the original proprietor purchases or acquires the stratum estate in any unit, whether by operation of law or otherwise, that estate shall not merge with the original proprietor’s reversionary interest in the lot;
the proprietors of each subsidiary strata title shall pay such rental to the Government as shall be determined in accordance with subsection (4) of section 14.
Subject to subsection (1), the certification by the Commissioner of a strata plan or any plan dealing with a unit shown on a strata plan, shall not —
Commissioner
“Commissioner” means the Commissioner of Land, being the officer appointed as the head of the Land Department and includes any person for the time being lawfully exercising his powers;
prevent the original proprietor from dealing with the reversionary estate in the lot including the transfer or charging of the lot;
be or deemed to be a severance of the original proprietor’s entitlement in the lot;
prevent an easement being granted in favour of the lot forming the reversionary estate of the original proprietor and any such easement when created shall be deemed to be for the benefit of each of the units on the strata plan and the common property.
Subsections (1) and (2) bind a person holding a charge over the reversionary estate of an original proprietor in the lot.
Terms defined in s 2
building
Defined · s 2“building” means any completed building which complies with approvals granted by the relevant authority;
Commissioner
Defined · s 2“Commissioner” means the Commissioner of Land, being the officer appointed as the head of the Land Department and includes any person for the time being lawfully exercising his powers;
common property
Defined · s 2“common property” means common property within the meaning of paragraph (c) of subsection (1) of section 8;
land
Defined · s 2“land” includes land of any tenure, any building or parts thereof, the air space above the surface, the surface of the land and such of the subsoil as is occupied by any buildings and related structures, but excludes the right to all minerals and mineral products including oil and gas;
lot
Defined · s 2“lot” means the whole of a separate area of land having a government survey lot number and registered with the Land Office;
original proprietor
Defined · s 2“original proprietor” means in relation to land being subdivided under this Act, the person who is immediately before the certification of a strata plan by the Commissioner, the proprietor of a lot and includes any successor in title, whether by operation of law or otherwise, of the original proprietor;
proprietor
Defined · s 2“proprietor”, in relation to any unit, means the person for the time being registered as proprietor of the stratum estate in the unit, provided that in sections 37, 38 and 49, where a person is in actual occupation of a unit under a binding agreement for sale and purchase, unless the context otherwise requires, the term
strata plan
Defined · s 2“strata plan” means a plan that has been or is intended to be certified under section 9;
stratum estate
Defined · s 2“stratum estate” means a stratum estate within the meaning of subsection (2) of section 9;
subsidiary strata title
Defined · s 2“subsidiary strata title” means a subsidiary strata title issued by the Commissioner under subsection (1) of section 21 in respect of a principal unit and where applicable, one or more accessory units on a strata plan;
unit
Defined · s 2“unit”, in relation to any land, means a part of the land consisting of a space of any shape situated on or above the surface of the land, or below the surface of the land to the extent that any buildings or related structures occupy the subsoil, or partly in one such situation and partly in another or others, all the dimensions of which are limited, and that is designed for separate ownership;
Part III
Preparation and Approval of Strata Plans
Part IV
Strata Corporation
Part V
Service Charges
Part VI
Insurance
Part VII
Rules of Strata Corporation
Part VIII
Variation Plans
Part IX
Part X
Expiry of Strata Plan
Part XI