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10. Application for subdivision of building
or land. (1) Any application for the approval of the Director for
subdivision of buildings or building and land, under
subsection 6(1) shall be made in Form 1, and any application for the
approval of the Director for the subdivision of land under subsection 6(1A)
shall be made in Form 1A, to the Land Administrator
and shall be accompanied by-
(a) such fee as may be prescribed;
(aa) except in a case falling under subsection (6A), the
building plans approved by the planning authority, to be submitted in
triplicate;
(b) a proposed strata plan comprising a location plan,
storey plan and delineation plan, to be submitted in
triplicate containing such details as are specified in subsection (2),
(3) and (3A) respectively and certified by a land surveyor as follows:
(i) that he has made a comparison of the plans to the original plans
of the building and any approved amendments thereto prepared by the
architect or professional engineer responsible for its construction, or,
in a case falling under subsection (6A), to the plans of the building
mentioned in paragraph (a) of that subsection; and
(ii) in the case of a storey plan, that the boundaries of the parcels
shown thereon follow features of permanent construction appearing in the
building;
(c) the certificates of a land surveyor
referred to in paragraph 9(1)(a), and Professional Architect or
Professional Engineer referred to in subparagraph 9(1)(b)(i), and where
applicable, the certificate of a land surveyor referred to in paragraph
9(2)(a);
(ca) a permit or permits referred to in paragraph (a) of
subsection (1) of section 9, in a case where the certificate of a land
surveyor is one under subparagraph (ii) of that paragraph;
(cb) in a case where the land is held under qualified title as
specified in subsection (2) of section 7, the certified plan of the land
as approved by the Director of Survey, to be submitted in triplicate;
(d) the written consents to the making of the application of every
person who, at the time of the application, is entitled to the benefit of-
(i) a charge of the land;
(ii) a lease of the whole or any part thereof, other than a part
corresponding precisely with, or included within, one of the parcels to
be created upon subdivision;
(iii) a charge of such a lease; or
(iv) a lien over the land or any such lease;
(e) subject to subsection (7), the issue document of title of
the lot.
(1A) For the purpose of subsection 6(1A), the
proposed strata plan shall comprise a location plan and a delineation plan
showing the proposed parcels.
(2) Every location plan shall-
(a) specify the number of the lot, the title number of the land
comprised therein and the area thereof;
(b) delineate the boundaries and boundary marks of the lot and
the position of all buildings thereon, showing which of these buildings
are to be subdivided and in the case of an
application for subdivision of land into land parcels, delineate the
boundaries and boundary marks of the lot and the parcels showing the
position of all the buildings thereon;
(c) except for the application for
subdivision of land into land parcels, include a vertical section of each such building showing-
(i) the floor and ceiling of each storey; and
(ii) the height of each storey;
(d) (Deleted by Act A753);
(e) contain such other details as may be prescribed.
(3) Every storey plan shall-
(a) specify the number of the lot and the title number of the
land comprised therein, and the building and numbered storey thereof to
which the plan relates;
(b) delineate, subject to the provisions of paragraphs (a)
and (b) of subsection (5), each proposed parcel and define the
boundaries thereof by reference to floors and walls showing the horizontal
dimensions, without it being necessary to show the bearing;
(c) indicate in respect of each such parcel the number by which
it is described in Form 1;
(d) specify the approximate floor area of each parcel;
(e) distinguish such parts as are not to be included in any of
the parcels but are to become part of common property;
(f) (Deleted by Act A753);
(g) contain such other details as may be prescribed.
(3A) Every delineation plan shall -
(a) specify the number of the lot and the title
number of the land comprised therein, and the parcel to which the plan
relates;
(b) delineate each proposed parcel by reference
to the lot boundary showing the bearing and distance of each boundary;
(c) indicate in respect of each such parcel the
number by which it is described in Form 1 or 1A, as the case may be;
(d) specify the area of each parcel;
(e) distinguish such parts as are not to be
included in any of the parcels but are to become part of common property;
and
(f) contain such other details as may be
prescribed.
(4) Every proposed strata plan shall show a legend of-
(a) all parcels;
(b) all common property; and
(c) all accessory parcels, and specify therein the parcels they
are made appurtenant to, irrespective of whether the accessory parcels are
contiguous to those specified parcels;
(d) (Deleted by Act A753).
(5) Where an accessory parcel-
(a) consists of a building or parts thereof and is bounded by
external walls, floors and ceilings, the dimensions and boundaries of such
accessory parcel shall be shown in the proposed strata plan in accordance
with the requirements of subsections (2) and. (3)
and (3A);
(b) does not consist of a building or parts thereof-
(i) the external boundaries of the accessory parcel shall be
ascertained from the building plans approved by the planning authority,
and the accessory parcel shall be up to a reasonable height or to the
extent of any projection above or encroachment below ground level by
another part of the lot; and
(ii) the proposed strata plan shall show a diagram of the accessory
parcel with similar dimensions as those shown on the approved plans
mentioned in subparagraph (i).
(6) Every proposed strata plan shall-
(a) show the proposed share units in whole numbers of each
parcel and the total share units of all the parcels; and
(b) contain such other particulars as may be prescribed by rules
made under section 81.
(6A) If the plans and specifications by reference to which planning
permission for the erection of the building was given are not available, so
that it is not possible to give the certificate required by subparagraph (i)
of paragraph (b) of subsection (1) of section 9, the application
under subsection (1) shall be accompanied-
(a) in lieu of the building plans mentioned in paragraph (aa)
of that subsection, by plans of the building, in triplicate, certified by
a Professional architect or by a land surveyor as having been drawn
according to the actual features of the building and as truly representing
those features; and
(b) in addition to the other matters required under subsection
(1), by the certificate of a duly authorised officer of the appropriate
local planning authority that the building as represented by the plans
mentioned in paragraph (a) was erected with planning permission but
the plans and specifications by reference to which that permission was
given are no longer available, and that the local planning authority is
nevertheless satisfied that the building as so represented satisfies
planning requirements.
(7) An application under subsection (1) may be submitted without the
issue document of title to the lot if that document is in the hands of any
person as chargee or lien-holder, and in any such case, the application
shall be accompanied by a copy of a request by the proprietor served on that
person for the production of the document at the Land Office within fourteen
days of the date thereof.
(8) Upon receipt of any application under subsection (1), the Land
Administrator shall endorse, or cause to be endorsed, a note of the making
thereof on the register document of title, and shall then-
(a) refer the application to the Director of Survey;
(b) in the case where the land is held under qualified title as
specified in subsection (2) of section 7, take appropriate action in
respect of the conversion of the qualified title to final title; and
(c) in the case where the building to be subdivided has not yet
been certified to be fit for occupation or use, forthwith inform the
applicant to obtain the certificate of fitness for occupation from the
local authority within the time specified.
(9) The Director of Survey shall thereupon check the
location plan, storey plans and delineation plans,
whichever is applicable, and carry out or cause to be carried out such survey of the land, any
of the buildings thereon or any of the parcels as he may consider desirable,
and shall-
(a) advise the Land Administrator as to whether the plans are in
order;
(b) notify the Land Administrator of the amount of fees to be
collected upon approval of the application in respect of such survey; and
(c) notify the Land Administrator of the amount of fees to be
collected in respect of the plans caused to be prepared in the event of
the approval of the application.
(10) The Land Administrator shall thereupon if he is satisfied that the
application and the other documents presented therewith are in order,
transmit them to the Director together with his recommendations for approval
or rejection:
Provided that no application shall be so
transmitted without the issue document of title of the lot and accordingly
in a case falling within subsection (7), if that document is not duly
produced at the Land Office, the Land Administrator shall, if he is unable
to secure its production, prepare or cause to be prepared, title in
continuation (or where appropriate, a duplicate issue document of title
only) under Chapter 3 of Part Ten of the National Land Code as if the
circumstances were as specified in paragraph 166(1)(c) of the Code:
And provided further that where the land is held
under qualified title, the final title thereto has been registered by the
registering authority.
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