Land Code (Strata) Act

its committee constituted under its Rules; or

in the case of a strata corporation, where there are less than four proprietors, the proprietor or proprietors who comprise the strata corporation,

“common property” means common property within the meaning of paragraph (c) of subsection (1) of section 8;

“Court” means the High Court of Brunei Darussalam;

“land” includes land of any tenure, any building or parts thereof, the air space above the surface, the surface of the land and such of the subsoil as is occupied by any buildings and related structures, but excludes the right to all minerals and mineral products including oil and gas;

“Land Office” means the Land Departments;

“lot” means the whole of a separate area of land having a government survey lot number and registered with the Land

Office;

“Minister” means the Minister of Development;

“original proprietor” means in relation to land being subdivided under this Act, the person who is immediately before the certification of a strata plan by the Commissioner, the proprietor of a lot and includes any successor in title, whether by operation of law or otherwise, of the original proprietor;

“principal unit” means a unit that is designed for separate use or occupation, whether in conjunction with any accessory unit or not, as a place of residence or business or otherwise and that is shown on strata plan as a principal unit;

“proprietor”, in relation to any unit, means the person for the time being registered as proprietor of the stratum estate in the unit, provided that in sections 37, 38 and 49, where a person is in actual occupation of a unit under a binding agreement for sale and purchase, unless the context otherwise requires, the term

“proprietor” means that person;

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“recognised valuer” means an appropriately qualified valuer recognised by the Commissioner;

“Register” means the Register of land established in accordance with section 7 of the Land Code (Chapter 40);

“registered land” means land which has been brought under the provisions of the Land Code (Chapter 40) by being included in a folio of the Register and held by the registered proprietor in perpetuity or for a limited term of years;

“relevant authority” means any one or more Government or statutory authorities empowered to approve plans for development or subdivision of any land or plans relating to the construction of any building or to serve any notice or order requiring any repair work or act to be carried out under the Town and Country Planning (Development Control) Act (Chapter 143),

Municipal Boards Act (Chapter 57) or under any other written law;

“Rules”, in relation to any strata corporation, means the rules applicable to that strata corporation prescribed by or under sections 46 and 47;

“strata corporation”, in relation to the units and common property shown on a strata plan means the strata corporation which is created under this Act on the certification of a strata plan by the Commissioner;

“strata plan” means a plan that has been or is intended to be certified under section 9;

“stratum estate” means a stratum estate within the meaning of subsection (2) of section 9;

“subsidiary strata title” means a subsidiary strata title issued by the Commissioner under subsection (1) of section 21 in respect of a principal unit and where applicable, one or more accessory units on a strata plan;

“supplementary record sheet”, in relation to any strata plan and strata corporation, means the supplementary record sheet set up and filed in the Land Office under section 25 in relation to that strata plan and strata corporation;

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“Surveyor General” means the officer appointed as the head of the Survey Department and includes any person for the time being lawfully exercising his powers;

“to register” means to register under the Land Code (Chapter 40)

or this Act by entry in the appropriate register kept by the Land

Office;

“unanimous resolution”, in relation to a strata corporation, means —

a resolution which is passed unanimously at a general meeting of the strata corporation at which every proprietor is present and votes either in person or by proxy;

a resolution which is passed unanimously at a general meeting of the strata corporation by every proprietor who is present, and votes either in person or by proxy and agreed to within 28 days after the date of the meeting, by every other proprietor who was entitled to be present and vote at the meeting or by his successor in title if he has ceased to be a proprietor after the meeting; or

where there is only one proprietor, a decision of that proprietor.

“unit”, in relation to any land, means a part of the land consisting of a space of any shape situated on or above the surface of the land, or below the surface of the land to the extent that any buildings or related structures occupy the subsoil, or partly in one such situation and partly in another or others, all the dimensions of which are limited, and that is designed for separate ownership;

“unit entitlement”, in relation to any unit, means the unit entitlement assigned to that unit under subsection (1) of section 13, section 51, 52 or 60;

Application of Act.

Subject to the provisions of this Act, every original proprietor of land may subdivide that land in accordance with the provisions of this Act into —

Land Code (Strata)

Notwithstanding anything in subsection (1), no land may be subdivided under this Act if the land is held by the original proprietor for a term of less than 20 years as at the date of certification of the strata plan by the Commissioner.

Effect of certification of strata plan.

The subdivision of land so as to provide for units shall be effective upon certification of a strata plan by the Commissioner.

The certification by the Commissioner of a strata plan shall have the effect of creating in each unit a stratum estate, which shall comprise —

Every stratum estate in a unit shall be for such term of years as shall be approved by the Commissioner but that period shall not exceed —

Subject to the provisions of this Act, upon the creation of a stratum estate in a unit, that estate may devolve or be transferred, leased,

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charged or settled in accordance with the Land Code (Chapter 40) and any transfer, lease, charge or settlement shall have the same effect as if the stratum estate were an estate under the Land Code for a term of years but none of the component parts of a stratum estate shall, except as provided in section 22, be capable of devolving or being dealt with independently of the others.

Notwithstanding anything in subsection (1), any proprietor of a unit may grant an easement over the unit in favour of any other unit or any other registered land.

No easement granted under subsection (2) shall be granted for a period in excess of the term of years of the stratum estate in the unit concerned.

No easement granted under subsection (2) shall bind the chargee of a unit unless —

When a unit is being transferred, leased, charged, settled or otherwise dealt with pursuant to subsection (1), it shall be described in the instrument evidencing the transaction as “Unit No. .......... on Strata Plan

No...........”.

Consequences of certification of strata plan.

After certification of a strata plan by the Commissioner and until its cancellation or expiry by lapse of time, the following provisions shall apply —

Subject to subsection (1), the certification by the Commissioner of a strata plan or any plan dealing with a unit shown on a strata plan, shall not —

Subsections (1) and (2) bind a person holding a charge over the reversionary estate of an original proprietor in the lot.

Lots comprising strata plan.

A strata plan shall —

A unit —

Subject to any explicit statement to the contrary in a strata plan, the following principles apply to the definition of a unit by strata plan —

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The common property comprises —

An application for certification of a strata plan by the

Commissioner shall be in Form l set out in the First Schedule and must be accompanied by —

The applicant must provide evidence to the satisfaction of the

Commissioner that any person with a charge or easement registered in relation to the lot consents to the application.

The applicant must furnish the Commissioner with such other information as the Commissioner may require.

On receipt of an application in accordance with this section, the

Commissioner shall reassess and determine the rent payable to the

Government under the Land Code (Chapter 40) to be effective from the approval of the strata plan by the Commissioner, in respect of the land to which that plan relates.

Building encroachments.

If it appears from a strata plan that any part of a building encroaches over land not included in the lot of the original proprietor, the application will only be accepted if —

Unless the encroachment is over State land, the Commissioner shall, on the certification of the strata plan, enter the encroachment on any relevant subsidiary strata title.

Any consent given in relation to the encroachment is binding on present and subsequent owners and occupiers of the land.

Effect of certificate of approval.

approve the survey definition incorporated in the plan;

approve for the purposes of this Act, the definition of all the units and common property shown on the plan;

assign a strata plan number;

render the plan the property of the State.

Unit entitlement.

of subsection (1) of section 14 and endorsed on a strata plan shall have effect to —

For the purpose of determining the matters specified in section 18, before the strata plan is approved by the Surveyor General, there shall be assigned to every principal unit and every accessory unit a unit entitlement, to be fixed by a recognised valuer on the basis of the relative value of the unit in relation to each of the other units on the strata plan.

Subject to sections 51, 52 and 60, no change shall be made in the unit entitlement of any unit after the strata plan is approved by the Surveyor

General.

Specified matters relating to unit entitlement.

the proprietor’s share in the common property in accordance with section 22;

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the extent of the proprietor's liability for damages and costs under section 29;

the extent of the proprietor’s obligation under section 31 in respect of service charges levied by the strata corporation or the managing agent and of his rights under that section in a distribution of any surplus money or personal property;

the proprietor’s voting rights on a poll pursuant to rule 27 of the Second Schedule;

subject to subsection (4) of section 60, the proportion in which money and other assets, if any, received or held by the strata corporation for distribution among the proprietors is to be distributed among them in accordance with subsection (2) of section 56.

Certification of strata plan by the Commissioner.

application is made for the certification of a strata plan by the Commissioner in accordance with this Act,

the requirements made by or under this Act in relation to the application have been satisfied; and

the plan conforms with the requirements of this Act and has been approved by the Surveyor General, the plan shall be certified by the Commissioner by endorsing a certificate in the prescribed form on the strata plan, certifying that the subdivision into stratum estates is in accordance with the requirements and provisions of this

Act.

Effect of certification on easement.

The certification by the Commissioner of a strata plan shall have no effect on any easement or restriction as to user to which the lot to which the plan relates is subject or on any easement or restriction as to user which is appurtenant to the lot to which the plan relates.

The Commissioner shall require all such easements and restrictions as to user to be recorded by diagrams, words or otherwise on the

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strata plan, but shall not note them on any subsidiary strata title issued under section 21.

Issue of strata titles.

On the certification of a strata plan, the Commissioner shall —

The subsidiary strata titles shall be endorsed with the amount of the annual rental payable to the Government as determined in accordance with subsection (4) of section 14.

It shall not be necessary in the certificate of the subsidiary strata title referred to in paragraph (a) of subsection (1) to mention the quantum of the undivided share in the common property to which the proprietor is entitled by virtue of section 22.

The Commissioner shall —

The common property shall be held by the proprietors of all the units as tenants in common in shares proportional to the unit entitlement in respect of their respective units, provided that nothing in this subsection shall affect the interests among themselves of the proprietors of a stratum estate in an individual unit.

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Where the same person is proprietor of all the units, subsection

shall apply as if there were different proprietors for each of the units.

The proprietors of all the units may lease part of the common property or may grant an easement over the whole or any part of it.

No lease or easement under subsection (3) shall be for a period of years in excess of the term of years of the stratum estates in the development.

Every lease or easement under subsection (3) is subject to section 23 of the Land Code (Chapter 40) which shall apply accordingly.

Dealing with accessory unit.

Except where it is transferred to the proprietor of a principal unit shown on the same strata plan, no accessory unit or any interest in it may be sold, leased, charged or otherwise disposed of or dealt with except as part of a sale, lease, charge, disposition or other dealing which includes a principal unit or a corresponding interest in a principal unit, provided that the proprietor of a principal unit included in the subsidiary strata title as an accessory unit may let the accessory unit on a weekly tenancy or on a tenancy determinable at the will of either of the parties by one month’s notice in writing.

No subsidiary strata title relating to an accessory unit shall be issued except as part of a subsidiary strata title relating to a principal unit.

No principal unit which is for the time being included in the same subsidiary strata title as an accessory unit, not being a subsidiary strata title issued under paragraph (a) of subsection (1) of section 21 and no interest in any such principal unit, may be sold, leased, charged or otherwise disposed of or dealt with except as part of a sale, lease, charge, disposition or dealing which includes the accessory unit or a corresponding interest in the accessory unit, as the case may be, or where there is a concurrent sale of the accessory unit in accordance with subsection (1).

Where any accessory unit is being transferred independently of a principal unit to a person who is the proprietor of a principal unit shown on the same strata plan, the memorandum of transfer in respect of the accessory unit shall contain a request to the Commissioner for the accessory unit to be included in the subsidiary strata title for the principal unit; and upon registration of the instrument of transfer the accessory unit shall become subject to all charges then affecting the principal unit.

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Where an accessory unit is for the time being included in the subsidiary strata title as principal unit, the accessory unit may not be transferred apart from the principal unit while it remains subject to any charge.

Notwithstanding anything to the contrary in the Land Code

(Chapter 40), any purported sale, lease, charge, disposition or dealing with any unit in contravention of subsection (1) or (3) shall be void and of no effect, provided that nothing in this subsection shall affect the devolution of any unit upon the death of the proprietor of that unit to the administrator of that proprietor.

Rights attaching to units and common property.

The common property and each unit on a strata plan shall, by virtue of this section, have as appurtenant thereto all such rights of support, shelter, protection and the passage or provision of water, sewerage, drainage, gas, electricity, oil, garbage, air and all other services of whatsoever nature including cable telephone, radio, television and communication services over the common property and every other unit on the strata plan as may from time to time be necessary for the reasonable use or enjoyment of the common property or unit, as the case may be.

The common property and each unit on a strata plan shall, by virtue of this section, have as appurtenant thereto —

The rights created by this section shall carry with them all ancillary rights necessary to make them effective and enforceable as if they were easements.

Nothing in this section shall affect any land other than the land to which the strata plan relates.

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Supplementary record sheet.

The Commissioner shall, as soon as it becomes necessary for the purposes of this Act to do so, set up in relation to any strata plan record and strata corporation, a supplementary record sheet on which he shall note appropriate memorials relating to —

Every supplementary record sheet shall be filed in the same manner as a subsidiary strata title and the number of the supplementary record sheet shall be entered on the strata plan or recorded copy thereof.

Reference to new strata plan.

In any case where, under any of the provisions of this Act, a new strata plan is approved by the Surveyor General under the same number as a previous strata plan —

The Commissioner shall —

On the certification of a strata plan by the Commissioner, the original proprietor of the lot to which the plan relates shall become a strata corporation.

Thereafter the proprietor for the time being of all the units comprised in the strata plan shall, by virtue of this Act, be the strata corporation.

The strata corporation shall have the designation “Strata

Corporation Number” (the registered number and Registry of the strata plan).

The strata corporation shall have perpetual succession and a common seal.

Strata corporation to be body corporate.

The strata corporation shall be capable of suing and being sued in its corporate name and of doing and suffering all that bodies corporate may do and suffer.

Without restricting the generality of subsection (1), the strata corporation may sue in respect of damage or injury to the common property caused by any person, whether that person is a unit proprietor or not.

Proceedings against proprietors and strata corporations.

Where any proceedings are brought in any court of competent jurisdiction under the provisions of any written law or in tort or in respect of an alleged breach of any statutory duty and it is required by law that the proceedings be brought against the owner or occupier of any particular

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parcel of land or premises, the provisions of this section shall apply notwithstanding any written law or rule of law to the contrary.

For the purposes of any proceedings to which this section applies —

The amount of any judgment including costs given jointly and severally as provided in subsection (2), may be recovered as a debt by the strata corporation from the proprietor or proprietors against whom judgment is given in an action in any court of competent jurisdiction.

Where the defendant in any proceedings to which this section applies is the strata corporation, the proprietors of the units at the time when judgment is entered shall be deemed to have jointly guaranteed to the plaintiff the payment by the strata corporation of the full amount awarded by way of judgment.

The liability of each such proprietor under subsection (4) shall be limited to an amount equal to such part of the total sum payable by the strata corporation in accordance with the judgment, less the amount which the strata corporation can recover under any policy of insurance, and less any amount paid by a proprietor against whom judgment is given pursuant to subsection (2) or recovered from him pursuant to subsection (3), as is proportionate to the unit entitlement of his unit.

Any amount recovered from a proprietor pursuant to subsection

, after satisfaction of the judgment by the strata corporation shall, subject

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to any right of set-off, be refunded to those proprietors who have made a payment under subsection (4) in proportion to the amount of their payments.

Where any proprietor pays to the plaintiff any sum which he is liable to pay under the provisions of subsection (4), that proprietor shall be entitled to recover the same as a debt in an action in any court of competent jurisdiction from the strata corporation.

Nothing in subsection (7) shall prevent the strata corporation in such an action from claiming any sum due to it from that proprietor under the provisions of this Act by way of set-off.

If the strata corporation at a general meeting so resolves, any sum payable by it in accordance with the provisions of this section may be paid out of any general fund established by it.

Powers and duties of strata corporation.

subject to the provisions of this Act, carry out any duties imposed on it by the Rules of the strata corporation;

insure and keep insured all buildings and other improvements on the land to their replacement value including demolition costs and architects fees against fire, flood, explosion, wind, storm, hail, aircraft and other aerial devices dropped therefrom, impact, riot and civil commotion, malicious damage caused by burglars and others, and earthquake;

effect such other insurance as it is required by law to effect or as it may consider expedient;

subject to sections 54 to 6l and section 64, forthwith apply insurance money received by it in respect of damage to any building or improvements in rebuilding and reinstating the said building or improvements so far as the rebuilding or reinstatement may lawfully be effected;

pay the premiums in respect of any policies of insurance effected by it;

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keep the common property including any roof, external wall or other structure forming part of the common property in a state of good repair;

comply with any notice or order duly served on it by any municipal board, government department or relevant authority requiring repairs to or work to be performed in respect of the land or any building or improvements thereon;

subject to this Act, control, manage and administer the common property and do all things reasonably necessary for the enforcement of the Rules;

do all things reasonably necessary for the enforcement of any lease or licence under which the land is held;

do all things reasonably necessary for the enforcement of any contract of insurance entered into by it under this section.

Funding, service charges and insurance.

The strata corporation shall also —

The strata corporation may distribute any money or personal property in its possession and surplus to its current requirements among the proprietors for the time being according to their unit entitlements.

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For the purposes of effecting any policy of insurance under the provisions of section 30, the strata corporation shall be deemed to have an insurable interest in all the buildings and other improvements on the land.

Any policy of insurance authorised by this section and effected by the strata corporation in respect of any buildings or other improvements on the land shall not be liable to be brought into contribution with any other policy, except another policy authorised by this section in respect of the same building or improvements.

General powers of strata corporation.

Subject to the provisions of this Act, the strata corporation shall have all such powers as are reasonably necessary to enable it to carry out the duties imposed on it by this Act by its Rules, provided that the strata corporation shall not have power to carry on trading activities.

Subject to subsection (1), the strata corporation may enter into such contracts and other arrangements for the management of the strata corporation as it may consider necessary or desirable with any person or company recognised by the Commissioner.

Nothing in the Companies Act (Chapter 39) shall apply to a strata corporation established in accordance with this Act.

Voting at meetings.

At any meeting of strata corporation or of the committee, a power of voting —

A proprietor’s voting rights shall not be affected by reason only of the fact that his interest in a unit is subject to a registered charge but, on

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giving written notice to the strata corporation, the chargee shall be entitled to exercise those rights —

Where for any reason it is impracticable to obtain the exercise by any person of his power of voting or where it is not known by whom the power of voting is exercisable, the Court, on the application of the strata corporation or of any interested party, may by order —

On making any order under this section, the Court may make such provision as it thinks necessary or expedient to give effect to the order and may provide for the payment of costs as it thinks fit.

The Court may cancel, vary, modify or discharge any order made by it under this section.

Court’s powers where unanimous resolution required.

Any service charge levied in accordance with the provisions of paragraph (c) of subsection (1) of section 31 shall be due and payable in accordance with the terms of the relevant determination; and so much of the amount as from time to time becomes payable may be recovered as a debt by the strata corporation in an action in any court of competent jurisdiction from the person who was the proprietor of the unit at the time when the amount became payable or, subject to the provisions of section 42, from the proprietor of the unit at the time when the proceedings are instituted.

Notwithstanding anything to the contrary in any other written law, any judgment of a court of competent jurisdiction given in recovery proceedings in accordance with subsection (1) may be registered against the subsidiary strata title to the unit of the proprietor or former proprietor against whom judgment has been given, and upon registration shall constitute a charge against the land subject only to any existing registered charge.

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Cost recovery for work by strata corporation.

Where the strata corporation does any repair, work or act which it is required or authorised by or under this Act or any other written law to do, whether or not the repair, work or act is done pursuant to any notice or order served on it by a relevant authority, but the repair, work or act is substantially for the benefit of one unit only or is substantially for the benefit of some of the units only or benefits one or more of the units substantially more than it benefits the others or other of them, any expense incurred by it in doing the repair, work or act shall, subject to subsection (2), be recoverable by it as a debt in any court of competent jurisdiction.

If any Court considers that it would be inequitable to apportion in accordance with subsection (1) the amount of the debt in proportion to the unit entitlements of the last-mentioned units, it may apportion that amount in relation to those units in such shares as it thinks fit, having regard to the relative benefits to those units.

Acts of omissions of proprietors.

The strata corporation shall on the application of a proprietor, any person authorised in writing by him or a purchaser or chargee of a unit, certify —

A certificate under subsection (1) issued in favour of any person dealing with the proprietor shall be conclusive evidence of the matters certified therein.

A certificate under subsection (1) may be issued by being signed by —

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In this Part, unless the context otherwise requires —

“chargee” means a chargee who, by virtue of subsection (2) of section 44, has an insurable interest in the property covered by a principal insurance policy;

“insurer” means an insurer in respect of a principal insurance policy;

“principal insurance policy”, in relation to the units and common property shown on a strata plan, means the policy of insurance effected by the relevant strata corporation in accordance with paragraph (b) of section 30.

Principal insurance policy.

The succeeding provisions of this section shall apply notwithstanding any written law or rule of law or agreement to the contrary.

Every unit proprietor and every person entitled as chargee by virtue of a registrable charge in respect of any unit, has an insurable interest in the property covered by the principal insurance policy.

The strata corporation shall inform the insurer and keep the insurer informed by notice in writing of the name and address of every proprietor and every chargee, provided that nothing in this subsection shall prevent any unit proprietor or chargee from giving such notice to the insurer.

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No principal insurance policy shall lapse or be cancelled, but shall remain in full force and effect until —

Notwithstanding anything in paragraph (a) of subsection (4), it shall be sufficient for the purposes of that paragraph if the insurer sends the required notice to a unit proprietor or chargee by registered post addressed to him at the last address of which notice has been given to the insurer under subsection (3).

In any case where the insurer considers that default has been made under the principal insurance policy, whether in respect of the payment of the premiums or otherwise, the insurer shall specify in the notice the default complained of and shall state that the lapsing or cancellation of the policy is conditional upon the default not being remedied before the date specified in the notice in accordance with paragraph (a) of subsection 4.

Unless as otherwise provided in this Act or unless by unanimous resolution all the proprietors otherwise resolve, all money paid by the insurer pursuant to the principal insurance policy shall be applied in or towards reinstatement and where it is to be so applied, no chargee shall be entitled to demand that any part of any such money be applied in or towards repayment of the mortgage debt.

Nothing in this section shall limit or affect the rights of any person in or to the proceeds of the principal insurance policy pursuant to any of the provisions of sections 54 to 61 or section 64.

Separate insurance on units.

Nothing in section 30, 31, 43 or 44 shall limit the right —

Any payment made under a charge redemption policy by the insurer shall be made to the chargees whose interests are noted on the policy in the order of their respective priorities.

No charge redemption policy shall be liable to be brought into contribution with any other policy of insurance except another charge redemption policy effected in respect of the same charge debt.

This section shall apply notwithstanding any rule of law to the contrary.

Except as otherwise provided by this Act, the control, management, administration, use and enjoyment of the units and the common property shown on a strata plan and the activities of the strata corporation that comprises the proprietors of those units shall, where there are more than one proprietor, be regulated by the Rules for the time being applicable to that strata corporation.

Subject to any amendment, the Rules applicable to each strata corporation shall be those set out in the Second Schedule and Third

Schedule.

Rules in the Second Schedule and Third Schedule.

The Rules in the Second Schedule may be amended, in relation to any strata corporation, by unanimous resolution of the proprietors and not otherwise.

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The Rules in the Third Schedule may be amended, in relation to any strata corporation, by resolution of the strata corporation, at a general meeting.

Any amendment of any rule shall relate to the control, management, administration, use or enjoyment of the units or the common property, to the regulation of the strata corporation, or to the powers and duties of the strata corporation other than those conferred or imposed by this

Act.

Notwithstanding anything in subsection (3), no powers or duties may be conferred or imposed by the Rules on the strata corporation which are not incidental to the performance of the duties or powers imposed on it by this Act or which would enable the strata corporation to acquire or hold any interest in land or any chattel real or to carry on business for profit.

No rule shall prohibit or restrict the devolution of units or any transfer, lease, mortgage or other dealing therewith, or destroy or modify any right or duty implied or created by this Act including any right, power or duty imposed or conferred upon the strata corporation by this Act.

No amendment of any rule pursuant to subsection (1) or (2) shall have effect until the strata corporation has lodged a notification thereof in

Form 5 set out in the First Schedule with the Commissioner and the

Commissioner has recorded it appropriately on the supplementary record sheet.

Obligations of strata corporation.

The strata corporation shall keep a record of the Rules in force.

The strata corporation shall, on the application of a proprietor or a person authorised by a proprietor to apply, supply to him a copy of the

Rules in force and may require him to pay a reasonable charge.

The strata corporation shall, on the application of any person who satisfies the strata corporation that he has a proper interest in so applying, make the Rules available for inspection.

Rules to be binding and enforceable.

The Rules shall be binding on —

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The strata corporation or any proprietor shall be entitled to apply to the Court for an order —

A variation plan shall be required whenever the following is proposed —

Subject to section 5, the provisions relating to the subdivision and consolidation of land contained in the Town and Country Planning

(Development Control) Act (Chapter 143) and any regulations made thereunder shall apply to the extent that such provisions are applicable with all necessary modifications whenever a variation plan is required under subsection (1).

Application for certification.

An application may be made to the Commissioner for the certification of a variation plan being a new strata plan in substitution for the existing strata plan. Every application shall be in Form 6 set out in the First

Schedule. The new strata plan shall be approved by the Surveyor General under the same number as the existing strata plan and the provisions of section 25 shall apply accordingly.

Subject to the provisions of this section, a variation plan shall comply with all the requirements of this Act as to strata plans and shall, in addition —

Where a variation plan involves the inclusion in a unit of part of the common property or the erection of one or more units on the common property, the unit entitlements of all units that will be on the land to which the plan relates shall be reassessed by a recognised valuer who shall, subject to payment to the recognised valuer of such fee as he may fix, assign to every such unit a new unit entitlement to be fixed by him on the basis of the relative value of the unit in relation to each other unit at the date on which the reassessment is made.

Notwithstanding anything in subsection (1), a recognised valuer may, in his discretion, make the reassessment as at the date on which the current unit entitlements were fixed in any case where he considers that the redevelopment is of a relatively minor nature.

Restrictions on approval.

A variation plan shall not be certified unless —

On the certification of a variation plan and the registration of any necessary transfers, the Commissioner shall —

On the certification of a variation plan, notice in writing of the redevelopment shall be given to the relevant authority.

Land Code (Strata)

Prior to the expiry of the strata plan, the Commissioner may cancel a strata plan upon the application of the proprietor of all the units shown on the plan.

Every such application to the Commissioner for cancellation of a strata plan shall be in Form 7 set out in the First Schedule and shall be accompanied by or have lodged in support of that application —

Before cancelling the strata plan, the Commissioner shall satisfy himself that all charges which have been assessed in respect of the units and the common property have been paid, and that any administrator has consented to the cancellation, and that no unit is subject to any charge, lease, sublease or easement registered against the title to the unit.

How plan cancellation is effected.

The cancellation of a strata plan shall be effected when a memorandum of cancellation has been appropriately entered by the

Commissioner —

The Commissioner shall, on cancelling a strata plan, give notice to every relevant authority that the plan has been cancelled and that the strata corporation is dissolved.

The Commissioner shall also cancel any relevant supplementary record sheet.

Consequences of cancellation.

Upon the cancellation of the strata plan —

Upon the cancellation of a strata plan, the strata corporation shall be deemed to be dissolved; and unless otherwise determined beforehand by unanimous resolution of the persons who were the proprietors immediately before the cancellation, all money including insurance money received by the strata corporation and other assets not being part of the buildings and other fixed improvements on the land shall, subject to any right of set-off, be distributed among those persons according to their unit entitlements immediately before the cancellation.

Notwithstanding anything in subsection (2), the strata corporation shall be deemed to remain in existence to the extent that any debt is owing by it and in respect of any action pending against it, and the liability

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of the persons who were the proprietors immediately before the cancellation shall continue accordingly.

Application to Court for cancellation.

Where in respect of a strata plan, an application in that behalf is made to the Court by the Commissioner, the strata corporation, an administrator or the proprietor or one of the proprietors of a unit and the

Court is satisfied that, having regard to the rights and interests of any creditor of the strata corporation and of every person who has any interest in any unit or in the land or in any part of the land, it is just and equitable that the strata corporation be dissolved and the strata plan cancelled, the Court may make a declaration to that effect.

Without limiting the grounds upon which it may be just and equitable that the strata corporation be dissolved and the strata plan cancelled under subsection (1), the Court may make a declaration to that effect under this section if it is satisfied that the building subject to the strata plan —

A notice of any application made under subsection (1) shall be served on every person who has an interest as a proprietor of a unit and on the Commissioner, if the Commissioner is not the applicant and on every chargee, insurer and other person having any registered estate or interest in any unit or land to which the plan relates, and on any insurer who has effected insurance on the buildings or other improvements comprised in any unit or on the land or any part thereof; and the Commissioner shall thereupon enter on the supplementary record sheet a notification that the application has been so made. Any notification so entered shall be cancelled by the

Commissioner if the applicant so requests and advises that the application to the Court is not proceeding or if the Commissioner is satisfied that the Court has refused to make the declaration sought.

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On any application to the Court under subsection (1), the

Commissioner, any person having or claiming to have any estate or interest in any unit or in the land or in any part of the land and any insurer who has effected insurance on the building or other improvements comprised in any unit or on the land or any part thereof, shall have the right to appear and be heard.

Court may give directions.

Where the Court makes a declaration under subsection (1) of section 57, the Court may by order impose such conditions and give such directions including directions for the payment of money by or to the strata corporation and the distribution of the assets of the strata corporation and directions that any consent required by subsection (3) of section 54 as applied by subsection (4) of section 59 be dispensed with as it thinks fit for the purpose of giving effect to the declaration.

The Court may, at any time before the strata plan is cancelled under section 59, vary or modify the terms of any declaration or order made by it under section 57.

On any application under section 57, the Court may make such order for payment of costs as it thinks fit.

Cancellation by Commissioner.

Where the Court has made a declaration authorising the cancellation of a strata plan and all conditions and directions imposed or given by the Court have been complied with, any applicant for the declaration or his successor in title may, within 6 months after the date of the declaration, apply to the Commissioner for cancellation of the strata plan and the Commissioner shall cancel the plan accordingly.

Every such application to the Commissioner for cancellation of a strata plan under subsection (1), shall be in Form 8 set out in the First

Schedule and shall be accompanied by or have lodged in support thereof —

Where —

The following provisions of sections 54, 55 and 56 shall apply when an application is made to the Commissioner under this section —

Where any building or other improvement comprised in any unit or on any land to which a strata plan relates is damaged or destroyed but the strata plan is not cancelled, the Court may on the application of the

Commissioner, strata corporation, an administrator, the proprietor or one of the proprietors of a unit or a registered chargee of a unit, by order settle a scheme including any one or more of the following provision —

A notice of any application made under subsection (1) shall be served on the Commissioner, if the Commissioner is not the applicant, who shall thereupon enter on the supplementary record sheet a notification that application has been so made.

On any application to the Court under subsection (1), the

Commissioner, any person having or claiming to have any estate or interest in any unit or in the land or in any part of the land and any insurer who has effected insurance on the buildings or other improvements comprised in any unit or in the land or any part thereof, shall have the right to appear and be heard.

In the exercise of its powers under subsection (1), the Court may make such order as it considers expedient or necessary for giving effect to the scheme, including —

The Court may cancel, vary, modify or discharge any order made by it under this section.

On any application under this section the Court may make such order for payment of costs as it thinks fit.

Where the Court directs under subsection (4) that a new strata plan be prepared, it shall be approved by the Surveyor General under the same number as the existing plan and shall show the effect of the transfer of unit to the satisfaction of the Surveyor General and shall have endorsed on it a full amended schedule of unit entitlement prepared in accordance with subsection (8).

For the purposes of subsection (7), the unit entitlements of all remaining units to which the new strata plan relates shall be reassessed by a recognised valuer who shall, subject to the payment to the recognised valuer of such fee as he may fix, assign to every such unit a new unit entitlement to be fixed by him on the basis of the relative value of the unit in relation to each other unit at the date on which the re-assessment is made.

On the certification of a strata plan to which subsection (7)

applies by the Commissioner and the registration of the necessary transfer of the unit which are intended to become part of the common property, the

Commissioner shall —

Every transfer of a unit or units to give effect to an order made under paragraph (b) of subsection (1) shall be in favour of the body corporate and shall be executed in such manner and in such form as the Court determines.

Court can hear applications together.

The Commissioner shall upon expiry of a strata plan, enter a memorial of expiry on —

The Commissioner shall, on the expiry of a strata plan, give notice to every relevant authority that the strata plan has been cancelled and that the strata corporation is dissolved.

The Commissioner shall also cancel any relevant supplementary record sheet.

For the purpose of subsection (1), the outstanding copies of the original extract and subsidiary strata titles for the stratum estates shall be delivered up to the Commissioner upon receipt by the original proprietor and the proprietors of the expired stratum estates of a notice from the

Commissioner requiring such delivery up.

Effect of expiry.

Upon expiry of the strata plan —

Upon expiry of a strata plan, the strata corporation shall be deemed to be dissolved and, unless otherwise determined beforehand by unanimous resolution of the persons who were the proprietors immediately before the cancellation, all property not being part of the buildings or fixed improvements and all money including insurance money received by the strata corporation shall, subject to any right of setoff, be distributed among those persons according to their unit entitlements immediately before the expiry.

Notwithstanding anything in subsection (2), the strata corporation shall be deemed to remain in existence to the extent that any debt is owing by it and in respect of any action pending against it, and the liability of the persons who were the proprietors immediately before the expiry shall continue accordingly.

The strata corporation shall either —

It shall be sufficient compliance with any written law which relates to the manner of service of any document which has to be served by any person on the strata corporation or its committee, if any person authorised to serve the document —

If the address for the service of documents on the strata corporation is at any time altered, the strata corporation shall forthwith send notice to the Commissioner of the alteration and the Commissioner shall enter a notification of the change of address on the supplementary record sheet. The Commissioner may prescribe the form of the notice to be given under this subsection.

For the purposes of this section, the term “document” includes any summons, notice, order and other legal process.

A notice or order requiring repairs to or work to be performed in respect of the land or any building or other improvements thereon which a relevant authority is required or authorised by any written law to serve shall, notwithstanding anything in the written law, be served on the strata corporation in the manner provided by this Act, and thereupon the notice or order shall be deemed to have been duly served and the strata corporation shall be deemed to be the person bound to comply therewith.

Application to cancel plan.

Any person including any relevant authority for whose benefit any requirement or duty is imposed on the strata corporation by this Act or any regulations made under this Act may apply to the Court for an order compelling the strata corporation to carry out the requirement or perform the duty, as the case may be, and on any such application the Court may make such order as it thinks proper.

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If default is made by the strata corporation in complying with any requirement or duty imposed on it by this Act or any regulations made under this Act, the strata corporation is guilty of an offence and liable on conviction to a fine not exceeding ten thousand dollars.

Power of entry.

The strata corporation shall cause a register to be kept of the proprietors for the time being of the units comprised in the strata plan.

Notwithstanding anything to the contrary in this Act, where the proprietor for the time being of any unit comprised in the strata plan transfers that unit to any other person, until the strata corporation is notified in writing of the transfer —

The strata corporation, a creditor of the body corporate or any person having a registered interest in a unit may apply to the Court for the appointment of an administrator.

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The Court may, in its discretion on cause shown, appoint an administrator for an indefinite period or for a fixed period on such terms and conditions as to remuneration or otherwise as it thinks fit. The remuneration and expenses of the administrator shall be an administrative expense for the purpose of paragraph (a) of subsection (1) of section 31.

Subject to subsection (7), the administrator shall, to the exclusion of the strata corporation and the committee, have and exercise the powers of the strata corporation and the committee and be subject to the duties of the strata corporation and the committee or such of those powers and duties as the Court orders.

The administrator may, in writing, delegate any of the powers so vested in him and at any time revoke such delegation.

The Court may, in its discretion on the application of the administrator or any other person referred to in subsection (1), remove or replace the administrator.

On any application made under this section the Court may make such order for the payment of costs as it thinks fit.

Nothing in this section shall permit an administrator to do anything which requires a unanimous resolution or prevent the passing of a unanimous resolution; but without restricting the generality of subsection

, the administrator shall, subject to any order of the Court, be entitled on his own initiative and to the exclusion of the strata corporation, to do any act which under the Rules may be done by special resolution only.

An administrator when appointed shall forthwith lodge with the

Commissioner a sealed copy of the Court making the appointment.

Regulations.

imposing fees and charges for anything authorised by this

Act;

prescribing forms for the purposes of this Act;

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providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration of this Act.