|
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.
Back |
Next
|
