Revised Requirement on Owner's Consent for Applications to redevelop a Strata-Titled Dvelopment with a View to Collective Sale

Circular No : URA/PB/2008/05-DCD

Our Ref : DC/ADMIN/CIRCULAR/PB_08

Fax : 6227 4792

CIRCULAR TO PROFESSIONAL INSTITUTES

Who Should Know:
Architects, engineers, property developers, property consultant and lawyers

Effective Date:
3 March 2008

Objective

To inform applicants on the revised requirement on owners’ consent for applications involving collective sales.

Details

Existing

1. Under the Planning (Development) Rules, all development applications submitted to URA require the consent of owner(s) of the land. For submission of development application with a view to collective sales, applicant must provide documentary evidence certified by lawyers that either the collective sale has obtained approval from the Strata Title Board, or the submission has been consented by subsidiary proprietors who form at least 80% of the share value for developments more then 10 years old (or 90% of share value if the development is less than 10 years old).

Proposed changes

2. With the amendments to the Land Titles (Strata) Act [LT(S)A] in Oct 2007, provisions have been made to regulate the formation of the collective sale committee and its proceedings. In particularly, the amended LT(S)A would require 80% or 90% of proprietors (based on share value and strata area) who agree to the collective sale to appoint up to 3 persons from the sale committee to act as authorised representatives for any application to the Strata Title Board.

3. In view of the revised provision in the LT(S)A, URA will align and simplify our requirements for owners’ consent. We will deem the authorisation from the appointed representatives as “owners’ consent” for any planning application involving collective sale submitted to URA.

4. This new requirement will apply to developments that have signed the collective agreement on or after 4 Oct 2007 under the amended LT(S)A. For submissions to URA involving such developments, URA only requires the signatures of all the appointed representatives instead of documentary proof of consent of 80% (or 90%) of subsidiary proprietors. The submission is to be accompanied by a letter of consent from a solicitor declaring that the necessary percentage of consent has been obtained.

5. With this change, we have amended the form for Declaration of Owner’s Consent for development applications made with a view to a collective sale. The two forms are as follows :

• the new form DC/MCST/DCLN_B is to be used for developments that have signed the collective sale agreement on or after 4 Oct 2007 and are subject to the requirements of the amended LT(S)A; or

• the existing form DC/MCST/DCLN is for developments that have signed the collective sale agreement before the amendments to the LT(S)A took effect on 4 Oct 2007.

• The forms can be downloaded from our websitehttp://www.ura.gov.sg.

6. I would appreciate it if you could convey the contents of this circular to the relevant members of your organisation. If you or your members have any queries concerning this circular, please do not hesitate to call our DCD Enquiry Line at Tel: 6223 4811 or e-mail us at ura_dcd@ura.gov.sg. We would be pleased to answer queries on this, and any other development control matter. For your information, the past circulars to the professional institutes are available from our websitehttp://www.ura.gov.sg.

Thank You.

HAN YONG HOE
DIRECTOR (DEVELOPMENT CONTROL)
for CHIEF EXECUTIVE OFFICER
URBAN REDEVELOPMENT AUTHORITY

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