Land Code (Strata) Act · 2000 Revised Edition · Part II · Subdivision Into Stratum Estates
9. Effect of certification of strata plan
Official textFrom Attorney General's Chambers, unchanged
The subdivision of land so as to provide for units shall be effective upon certification of a strata plan by the Commissioner.
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;
The certification by the Commissioner of a strata plan shall have the effect of creating in each unit a stratum estate, which shall comprise —
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;
an estate in the unit determinable or subject to lapse in accordance with any of the provisions of sections 54, 59, 60 and 62;
and
the undivided share in common property to which the proprietor of the unit is entitled by virtue of section 22.
Every stratum estate in a unit shall be for such term of years as shall be approved by the Commissioner but that period shall not exceed —
stratum estate
“stratum estate” means a stratum estate within the meaning of subsection (2) of section 9;
a term of 60 years from the date of certification of the strata plan by the Commissioner; or
subject to subsection (2) of section 8, the remainder of the term of years for which the lot is held by the original proprietor, whichever is the lesser.
Transfer stratum estate.
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;
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;
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