Land Code (Strata) Act · 2000 Revised Edition · Part III · Preparation and Approval of Strata Plans
15. Building encroachments
Official textFrom Attorney General's Chambers, unchanged
If it appears from a strata plan that any part of a building encroaches over land not included in the lot of the original proprietor, the application will only be accepted if —
strata plan
“strata plan” means a plan that has been or is intended to be certified under section 9;
no part of a unit to be created by the plan forms part of the encroachment; and
the encroachment is over State land and the
Commissioner consents to the encroachment;
the encroachment consists of the protrusion of footings or footings and associated structures of a prescribed nature, by not more than the prescribed distance beyond the boundaries of the lot and the owner of the land over which the encroachment occurs consents to the encroachment; or
Land Code (Strata)
it is established to the Commissioner’s satisfaction that the encroachment is otherwise authorised by law.
Unless the encroachment is over State land, the Commissioner shall, on the certification of the strata plan, enter the encroachment on any relevant subsidiary strata title.
land
“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;
Any consent given in relation to the encroachment is binding on present and subsequent owners and occupiers of the land.
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;
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;
strata plan
Defined · s 2“strata plan” means a plan that has been or is intended to be certified under 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 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