Land Code (Strata) Act · 2000 Revised Edition · Part III · Preparation and Approval of Strata Plans
23. Dealing with accessory unit
Official textFrom Attorney General's Chambers, unchanged
Except where it is transferred to the proprietor of a principal unit shown on the same strata plan, no accessory unit or any interest in it may be sold, leased, charged or otherwise disposed of or dealt with except as part of a sale, lease, charge, disposition or other dealing which includes a principal unit or a corresponding interest in a principal unit, provided that the proprietor of a principal unit included in the subsidiary strata title as an accessory unit may let the accessory unit on a weekly tenancy or on a tenancy determinable at the will of either of the parties by one month’s notice in writing.
proprietor
“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
No subsidiary strata title relating to an accessory unit shall be issued except as part of a subsidiary strata title relating to a principal unit.
subsidiary strata title
“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;
No principal unit which is for the time being included in the same subsidiary strata title as an accessory unit, not being a subsidiary strata title issued under paragraph (a) of subsection (1) of section 21 and no interest in any such principal unit, may be sold, leased, charged or otherwise disposed of or dealt with except as part of a sale, lease, charge, disposition or dealing which includes the accessory unit or a corresponding interest in the accessory unit, as the case may be, or where there is a concurrent sale of the accessory unit in accordance with subsection (1).
principal unit
“principal unit” means a unit that is designed for separate use or occupation, whether in conjunction with any accessory unit or not, as a place of residence or business or otherwise and that is shown on strata plan as a principal unit;
Where any accessory unit is being transferred independently of a principal unit to a person who is the proprietor of a principal unit shown on the same strata plan, the memorandum of transfer in respect of the accessory unit shall contain a request to the Commissioner for the accessory unit to be included in the subsidiary strata title for the principal unit; and upon registration of the instrument of transfer the accessory unit shall become subject to all charges then affecting the principal unit.
accessory unit
“accessory unit” means a unit, whether or not part of a building, that is designed for use with any principal unit, whether as a garden, garage, car parking space, storage space, swimming pool, laundry, stairway, passage or any other such purpose, and that is shown on a strata plan as an accessory unit;
Land Code (Strata)
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;
Where an accessory unit is for the time being included in the subsidiary strata title as principal unit, the accessory unit may not be transferred apart from the principal unit while it remains subject to any charge.
Notwithstanding anything to the contrary in the Land Code
(Chapter 40), any purported sale, lease, charge, disposition or dealing with any unit in contravention of subsection (1) or (3) shall be void and of no effect, provided that nothing in this subsection shall affect the devolution of any unit upon the death of the proprietor of that unit to the administrator of that proprietor.
unit
“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;
Terms defined in s 2
accessory unit
Defined · s 2“accessory unit” means a unit, whether or not part of a building, that is designed for use with any principal unit, whether as a garden, garage, car parking space, storage space, swimming pool, laundry, stairway, passage or any other such purpose, and that is shown on a strata plan as an accessory unit;
administrator
Defined · s 2“administrator” means an administrator appointed by the Court under section 69;
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;
principal unit
Defined · s 2“principal unit” means a unit that is designed for separate use or occupation, whether in conjunction with any accessory unit or not, as a place of residence or business or otherwise and that is shown on strata plan as a principal unit;
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;
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