PLANNING AND DEVELOPMENT ACT 2005 - SECT 140

PLANNING AND DEVELOPMENT ACT 2005 - SECT 140

140 .         Saving of some agreements entered into without approval under s. 136

        (1)         Where an agreement to sell or grant an option to purchase, or to lease or grant or lease and grant a licence to use or occupy any portion of a lot has been entered into without the approval of the Commission having been first obtained as required under this Division, that agreement is to be taken not to have been entered into in contravention of this Division if —

            (a)         the agreement is entered into subject to the approval of the Commission being obtained; and

            (b)         an application for the approval of the Commission is made within a period of 3 months after the date of the agreement.

        (2)         Nothing in this Division renders the agreement illegal or void by reason only that the agreement was entered into before the approval of the Commission was obtained.

        (3)         Without prejudice to the operation of section 141, the agreement referred to in subsection (1) has no effect, unless and until the Commission gives its approval —

            (a)         within a period of 6 months after the date of the agreement or within such further period as is stipulated in that agreement; or

            (b)         within such further period as is stipulated in a subsequent agreement in writing made —

                  (i)         by all the parties to the first-mentioned agreement; or

                  (ii)         when the subsequent agreement is made after the death of any of those parties, by the surviving party or parties and the legal personal representative of any deceased party.