You are on page 1of 1

Tutorial 3.

3 Question 1
Amendment of Strata Titles Act 1985 (Act 318) which includes the insertion of a new Part IVa to
enable the implementation of rent of parcel or provisional block and any matters connected
therewith. Hence, this Is important to GDSB as they have plans to launch a new project called
“Serene Living” involving 5 blocks of 10 storey condominiums, that will include residences,
commercial parcels, a club house for residents, recreation facilities etc.
First, in the New Amendment of s.23B , it states that The quit rent payable for each parcel or
provisional block is now “a debt due to the State Authority” and recoverable by action. Next, s.23H
the non-payment of quit rent will be grounds for forfeiture proceedings by the State Authority.
And upon forfeiture, the parcel or provisional block will be vested and registered in a transferee,
which will hold it for the benefit of the State Authority. Furthermore, s.23P (1) - Any party
aggrieved by the forfeiture may file an appeal within three months. Moreover, s.57A and the new
Seventh Schedule - A provision is now made for the formal acquisition of the whole or part of
subdivided building or land under the Land Acquisition Act 1960. Finally, new s.17B- The
Management Corporation will now be registered as the proprietor of the common property and the
custodian of the issue document of title of the lot.
Under the Strata Management Act however, there is requirement of Certificate of Share Unit
Formula (SijilFormula Unit Syer). This is where Developers must obtain a Certificate of Share
Unit Formula (or SiFUS) to be issued by the Land Office (PTG). This new insertion is in line with
the spirit of the Strata Acts i.e. to achieve passing of strata title with delivery of vacant possession.
Next would be the Schedule of Parcel whereby Section 6 of SMA 2013 makes it compulsory for
developers of any building or land intended for subdivision to file a Schedule of Parcels with the
Commissioner of Building before proceeding with sales of any parcel. Developers are not at liberty
to unilaterally change the plan or legends. Any amendment to the Schedule of Parcels can be made
only (i) as per the requirement of local authority or (ii) with agreement of all purchasers of the
development. In case of such changes, developers must submit within 30 days from the date of
alteration or revision of building plans an amended schedule of parcels. Furthermore, to promote
transparency in the development industry, the new strata laws requires a copy of the Schedule of
Parcels to be exhibited at a conspicuous position in any office or branch office of developers and
at such place where the sale of parcels is conducted.
Next would be on the Super Structure Stage. Once a development reaches it super structure stage,
the developer must begin the process of applying for subdivision of building or land. Furthermore,
Certificate of Proposed Strata Plan (CPSP). This new insertion has been made under section 8A
of STA 1985 whereby developers must now apply for and obtain a Certificate of Proposed Strata
Plan from Director of Survey in JUPEM. This certificate certifies the proposed strata plan which
further facilitates the application of subdivision of building or land.
Moreover, would be the Application for Subdivision. Under the revived section 8, STA 1985 the
original proprietor of the land or building must apply for subdivision of building or land 3 months
from the date of issuance of document certifying the super structure stage. Besides complying with
the time frame of application, developers must also ensure (i) the land is held under final title;
(ii)use of the land is not contrary to the land category and conditions; and (iii) the land is not
subject to any charge or lien, before making an application for subdivision of building or land.