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24. Interpretation.
In this Part, unless the context otherwise requires, the words-
"affected" , in relation to a parcel, means affected or intended
to be affected by a division or amalgamation;
"amalgamation" means an amalgamation of parcels;
"application" means an application to divide or amalgamate
parcels;
"division" means a division of a parcel;
"new", in relation to a parcel, means resulting or intended
to result from a division or amalgamation.
25. Power to divide and amalgamate parcels.
(1) A parcel proprietor may, with the approval of the Director-
(a) divide his parcel into
two or more new parcels, each to be held by him under a separate strata title;
or
(b) where he holds two or more
contiguous parcels, amalgamate them to form one parcel to be held by him under
a single strata title.
(2) For the purposes of paragraph (b) of subsection
(1) any two or more parcels shall be taken to be contiguous if each of them
shares at least one boundary, including a boundary which consists of a floor
or ceiling, with another of them.
(3) Where the division of a parcel or the amalgamation of
two or more parcels results in the creation of any additional or new common
property, the proprietor shall obtain the written consent of the management
corporation before making the application under section 28 for the approval
of the Director.
26. Effect of division or amalgamation.
(1) On a division, the number of share units of each parcel
shall be a whole number allotted by the proprietor of the divided parcel as
approved by the Director:
Provided that the total number of share units of all the new
parcels shall be equal to the number of share units of the divided parcel.
(2) On an amalgamation, the number of share units of the new
parcel shall be a number equal to the total number of share units of the amalgamated
parcels.
(3) Subject to subsections (1) and (2), Part VII shall apply
in relation to a new parcel in a subdivided building as if the new parcel were
one of the parcels which came into existence when the building was subdivided.
27. Conditions for approval of division or amalgamation.
The Director shall not approve a division or amalgamation
unless the following conditions are satisfied:
(a) that the proposed division
or amalgamation would not contravene any restriction in interest to which
any of the affected parcels is subject;
(b) that the proposed division
or amalgamation would not be contrary to the provisions of any written law
for the time being in force, and that any requirements imposed with respect
to the division or amalgamation by or under any such law have been complied
with;
(c) that no item of land revenue
is outstanding in respect of any affected parcel;
(d) that consent in writing
to the making of the application has been obtained from every person who at
the time when the approval was applied for, was entitled to the benefit of-
(i) a charge of an affected parcel;
(ii) a lease of an affected parcel or any part thereof,
other than, in the case of a division, a part corresponding precisely with
or included within one of the new parcels;
(iii) a charge of such a lease; or
(iv) a lien over an affected parcel or such a lease;
(da) that, where the division
or amalgamation results in the creation of additional common property or new
common property, the written consent of the management corporation to the
making of the application has been obtained;
(e) that where an amalgamation
is proposed, each new parcel will have adequate internal means of communication
not passing through common property;
(f) that, where a division
is proposed, each new parcel will have adequate means of access not passing
through another parcel;
(g) that the proposed share
units assigned to the new parcels by the proprietor in his application in
Form 6 are equitable.
28.
Application for approval.
(1) Any application for the approval of the Director to a
division or an amalgamation shall be made in writing in Form 6 or 7, as the
case may be, to the Land Administrator and shall be accompanied by-
(a) such fee as may be prescribed;
(b) a plan in triplicate, duly
certified by a land surveyor and showing all the details of the division or
amalgamation;
(c) a statement from the applicant
of the number of share units of the new parcel or parcels;
(d) all such written consents
to the making of the application as are required under paragraph (d)
of section 27;
(da) the written consent of
the management corporation to the making of the application as required under
paragraph (da) of section 27; and
(e) the issue documents of
title of the affected parcel or parcels;
(2) Upon receiving any application, the Land Administrator
shall-
(a) endorse or cause to be
endorsed a note of the making of the application on the register document
of title to each affected parcel; and
(b) refer the application to
the Director of Survey and transmit to him a copy of the plan submitted under
subsection (1).
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