(a) that it has been certified
by a land surveyor-
(i) that the building or buildings are situated wholly
within the boundaries of the lot in question; or
(ii) that, discounting any eave, awning, and any balcony
not forming part of a proposed parcel, which project over a road reserve,
the building or buildings are so situated;
and, in a case where the certificate is one under subparagraph
(ii), that there subsists a permit or permits issued under section 75A of
the National Land Code in respect of every such eave, awning and balcony;
(b) that, in the case of any
building or land into parcels
for the erection of which planning permission was required-
(i) it has been certified by an architect registered under
the Architects Act, 1967 or by a professional engineer registered under
the Registration of Engineers Act, 1967 that the building was constructed
in accordance with the plans and specifications by reference to which that
permission was given, stating therein the date on which such permission
was given and the reference number thereof (if any); or
(ii) the case falls under subsection (6A) of section 10
and the requirements of that subsection have been satisfied;
(c) that the subdivision would
not contravene any restriction in interest to which the land comprised in
that lot is for the time being subject;
(d) that the subdivision would
not be contrary to the provisions of any written law for the time being in
force, and that any requirements imposed with respect thereto by or under
any such written law have been complied with;
(e) that no item of land revenue
is outstanding in respect of the land;
(f) that consent in writing
to the making of the application has been obtained from every person who at
the time when approval was applied for, was entitled to the benefit of-
(i) (Deleted
by Act A753);
(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) (Deleted
by Act 1290)
(iv) (Deleted
by Act 1290)
(g) that the proposed share
units assigned to the parcels by the proprietor of the lot in his application
in Form 1 are equitable;
(h) that each of the proposed
parcels has-
(i) adequate means of access not passing through another
parcel; and
(ii) adequate means of internal communication not passing
through the common property;
(i) that, where the land on
which the building or buildings stand is held for a term of years, there still
remains a period of not less than twenty-one years to run;
(j) that the land on which
the building or buildings stand is not subject to any charge or lien.
(k) that, where the land is
held under qualified title as specified in subsection (2) of section 7, the
final title to the land has been registered;
(l) except for special building,
that the building or land to be subdivided into parcels have been certified
by the local authority to be fit for occupation or use or certified in accordance
with the provisions of any written law for the time being in force.
(a) that it has been certified
by a land surveyor that the position of each provisional block as delineated
on the location plan is wholly within the boundaries of the lot in question;
(b) that the quantum of provisional
share units assigned to each provisional block by the proprietor of the lot
in his application in Form 1 is equitable; and
(c) that the proprietor has
given the date by when he undertakes that the construction of the building
or each building to which the provisional block or blocks relate will be completed,
has paid to the Director in respect of each provisional block a deposit of
such reasonable amount as the Director may require, and has furnished a written
statement to the effect that he agrees that the amount be forfeited to the
Government in the event that, by that date or by such later date as the Director
may allow, the construction of the building to which the provisional block
relates is not completed or, if completed,
certificate of completion and compliance has
not been issued.
