Land Code (Strata) Act · 2000 Revised Edition · Part VIII · Variation Plans
53. Restrictions on approval
Official textFrom Attorney General's Chambers, unchanged
A variation plan shall not be certified unless —
the application is made by the sole proprietor of the units or by the proprietors of all the units pursuant to their unanimous resolution; and
every person who is entitled as chargee by virtue of any registered charge in respect of any unit affected by the variation plan, has consented in writing to the certification of that plan.
On the certification of a variation plan and the registration of any necessary transfers, the Commissioner shall —
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;
cancel the subsidiary strata titles to the units affected by the variation plan and for that purpose, the outstanding copies of the strata titles shall be surrendered to the Commissioner; and
issue separate subsidiary strata titles in accordance with the variation plan for the units affected by that plan.
On the certification of a variation plan, notice in writing of the redevelopment shall be given to the relevant authority.
relevant authority
“relevant authority” means any one or more Government or statutory authorities empowered to approve plans for development or subdivision of any land or plans relating to the construction of any building or to serve any notice or order requiring any repair work or act to be carried out under the Town and Country Planning (Development Control) Act, Municipal Boards Act or under any other written law;
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;
Terms defined in s 2
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;
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
relevant authority
Defined · s 2“relevant authority” means any one or more Government or statutory authorities empowered to approve plans for development or subdivision of any land or plans relating to the construction of any building or to serve any notice or order requiring any repair work or act to be carried out under the Town and Country Planning (Development Control) Act, Municipal Boards Act or under any other written law;
unanimous resolution
Defined · s 2“unanimous resolution”, in relation to a strata corporation, means — (a) a resolution which is passed unanimously at a general meeting of the strata corporation at which every proprietor is present and votes either in person or by proxy; (b) a resolution which is passed unanimously at a general meeting of the strata corporation by every proprietor who is present, and votes either in person or by proxy and agreed to within 28 days after the date of the meeting, by every other proprietor who was entitled to be present and vote at the meeting or by his successor in title if he has ceased to be a proprietor after the meeting; or (c) where there is only one proprietor, a decision of that proprietor.
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 IX
Part X
Expiry of Strata Plan
Part XI