Land Code (Strata) Act · 2000 Revised Edition · Part IX
60. Settlement of scheme following damage or destruction
Official textFrom Attorney General's Chambers, unchanged
Where any building or other improvement comprised in any unit or on any land to which a strata plan relates is damaged or destroyed but the strata plan is not cancelled, the Court may on the application of the
building
“building” means any completed building which complies with approvals granted by the relevant authority;
Commissioner, strata corporation, an administrator, the proprietor or one of the proprietors of a unit or a registered chargee of a unit, by order settle a scheme including any one or more of the following provision —
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;
for the reinstatement in whole or in part of such building or other improvement;
for the transfer of units to the proprietors of the other units so as to form part of the common property;
for all necessary consequential matters.
A notice of any application made under subsection (1) shall be served on the Commissioner, if the Commissioner is not the applicant, who shall thereupon enter on the supplementary record sheet a notification that application has been so made.
supplementary record sheet
“supplementary record sheet”, in relation to any strata plan and strata corporation, means the supplementary record sheet set up and filed in the Land Office under section 25 in relation to that strata plan and strata corporation;
On any application to the Court under subsection (1), the
Commissioner, any person having or claiming to have any estate or interest in any unit or in the land or in any part of the land and any insurer who has effected insurance on the buildings or other improvements comprised in any unit or in the land or any part thereof, shall have the right to appear and be heard.
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;
In the exercise of its powers under subsection (1), the Court may make such order as it considers expedient or necessary for giving effect to the scheme, including —
directing the application of any insurance money;
directing payment of money by or to the strata corporation or any person;
directing the preparation of an appropriate new strata plan;
making an order of the kind referred to in subsection (10); or
imposing such terms and conditions as it thinks fit.
Land Code (Strata)
The Court may cancel, vary, modify or discharge any order made by it under this section.
On any application under this section the Court may make such order for payment of costs as it thinks fit.
Where the Court directs under subsection (4) that a new strata plan be prepared, it shall be approved by the Surveyor General under the same number as the existing plan and shall show the effect of the transfer of unit to the satisfaction of the Surveyor General and shall have endorsed on it a full amended schedule of unit entitlement prepared in accordance with subsection (8).
strata plan
“strata plan” means a plan that has been or is intended to be certified under section 9;
For the purposes of subsection (7), the unit entitlements of all remaining units to which the new strata plan relates shall be reassessed by a recognised valuer who shall, subject to the payment to the recognised valuer of such fee as he may fix, assign to every such unit a new unit entitlement to be fixed by him on the basis of the relative value of the unit in relation to each other unit at the date on which the re-assessment is made.
unit entitlement
“unit entitlement”, in relation to any unit, means the unit entitlement assigned to that unit under subsection (1) of section 13, section 51, 52 or 60; Application of Act.
On the certification of a strata plan to which subsection (7)
applies by the Commissioner and the registration of the necessary transfer of the unit which are intended to become part of the common property, the
common property
“common property” means common property within the meaning of paragraph (c) of subsection (1) of section 8;
Commissioner shall —
cancel the subsidiary strata titles to the units affected by an order made under paragraph (b) of subsection (1) and for that purpose the outstanding copies of the titles shall be surrendered to the
Commissioner; and
enter on the new unit plan and supplementary record sheet an appropriate memorial relating to the transfer.
Every transfer of a unit or units to give effect to an order made under paragraph (b) of subsection (1) shall be in favour of the body corporate and shall be executed in such manner and in such form as the Court determines.
Terms defined in s 2
administrator
Defined · s 2“administrator” means an administrator appointed by the Court under section 69;
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;
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
recognised valuer
Defined · s 2“recognised valuer” means an appropriately qualified valuer recognised by the Commissioner;
strata plan
Defined · s 2“strata plan” means a plan that has been or is intended to be certified under section 9;
supplementary record sheet
Defined · s 2“supplementary record sheet”, in relation to any strata plan and strata corporation, means the supplementary record sheet set up and filed in the Land Office under section 25 in relation to that strata plan and strata corporation;
Surveyor General
Defined · s 2“Surveyor General” means the officer appointed as the head of the Survey Department and includes any person for the time being lawfully exercising his powers;
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;
unit entitlement
Defined · s 2“unit entitlement”, in relation to any unit, means the unit entitlement assigned to that unit under subsection (1) of section 13, section 51, 52 or 60; Application of Act.