75CGAmendment of building title plans

75CG Amendment of building title plans

[Section 75CG of Part XI Inserted by No. 10 of 2000, s. 8, Applied:28 Apr 2000]

(1)  If there is –

(a) a lateral or vertical extension or diminution of the building comprised in a building title plan that is not intended to operate under the Strata Titles Act 1998 ; or

(b) an alteration in the number of floors in that building –

the Recorder of Titles must amend the description of the building comprised in the plan in accordance with an application made –

(c) jointly by the Council, the registered proprietor of the building and his or her mortgagees who are registered under the Land Titles Act 1980 ; or

(d) by any one or more of the persons referred to in paragraph (c) , after service of the application on the other or others of them.

(2)  The Recorder must not make an amendment under subsection (1) unless he or she is satisfied that it is in accordance with the extension or diminution of, or alteration made to, the building.

(3)  Where the Recorder refuses to amend the description of a building in accordance with an application made under subsection (1) , section 144 of the Land Titles Act 1980 applies, with the necessary modifications, as if the applicant was a proprietor, or the applicants were proprietors, who had made an application of a kind referred to in subsection (1) of that section which the Recorder had refused to grant.

(4)  A mortgage of a building comprised in a building title plan that is not intended to operate under the Strata Titles Act 1998 is to be secured on the building as it is from time to time described in the plan.