Section 2

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.