No, builders cannot sell freehold flats if they don't own the land and, with the plan they can't as the Land Council will not allow any acquisition for that purpose. What about if the builder is a member of the native population and owns the land, will still need the Land Coucil approval for the project and won't get it unless flats reserved for natives.

Defining Natives.... I know, inherit or prove you belong to the nation, time, culture, language, relations and the Land Council decides.