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Strata Titles Act 1985

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318

Incorporating all amendments up to 2 June 2015

Date of Royal Assent ... ... ... ... ...22 May 1985
Date of publication in the Gazette... ... ...30 May 1985
English text to be authoritative ... ...P.U. (B) 171/1985 and 561/1986
Date of coming into operation ... ...1 June 1985

ACT 318
STRATA TITLES ACT 1985
(Click here to see Annotated Statutes of this Act)

Part I PRELIMINARY

SECTION

1.Short title

2.Application

3.Commencement

4.Interpretation

4A.Coming into operation of the Computerization System of Strata Titles in any Land Registry

4B.Coming into operation of the Electronic Land Administratopm System of Strata Titles in any Land Registry

5.Construction of the Act

Part II APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND

SECTION

6.Building or land capable of being subdivided into parcels

7.Original proprietor may apply for subdivision of a building or land

8.Circumstances in which it is compulsory to apply for a subdivision of a buidling or land

8A.Application for certificate of proposed strata plan

9.Application for subdivision of building, etc.

9A.Application for subdivision in the case of phased developments

9B.Application for subdivision in the case of low-cost building

10.Conditions for approval

10A.(Deleted)

10B.(Deleted)

11.Withdrawal of applications

12.Powers of Director of Lands and Mines in relation to applications

13.Action by Director of Survey after approval of subdivision

14.Issue of strata titles to individual parcels

14A.(Deleted)

Part III REGISTRATION OF STRATA TITLES

SECTION

15.Preparation and maintenance of strata register

16.Documents of strata title

17.Effect of opening of book of strata register

17A.Limited common property and subsidiary management corporations allowed

18.Share units of parcels

19.Provisional share units of a provisional block

19A.Transfer of ownership of strata titles

Part IV PROVISIONAL BLOCK: ISSUANCE OF STRATA TITLES

SECTION

20.Circumstances in which it is compulsory for a proprietor of provisional strata title to apply for strata title

20A.Application for certificate of proposed strata plan

20B.Application for subdivision of building, etc.

21.Power of Director of Lands and Mines in relation to application

22.Action by Director of Survey after approval

22A.(Deleted)

22B.(Deleted)

23.Modification of strata register, issue of fresh documents of title and cancellation of provisional document of title

Part V SUBDIVIDED BUILDINGS: DIVISION AND AMALGAMATION OF PARCELS

SECTION

24.Interpretation

25.Power to divide and amalgamate parcels

26.Effect of division or amalgamation

27.Conditions for approval of division or amalgamation

28.Application for approval

29.Action by Director of Survey

30.Land Administrator to transmit application to Director of Lands and Mines

31.Power of Director of Lands and Mines in relation to application for division or amalgamation

32.Preparation of new certified strata plan by Director of Survey

33.Modification of strata register and issue of fresh documents of title

33A.Effect of registration in respect of common property created upon division or amalgamation

Part VI RIGHTS AND OBLIGATIONS ATTACHING TO INDIVIDUAL PARCELS AND PROVISIONAL BLOCKS

SECTION

34.Rights of proprietor in his parcel and common property

35.Rights of support, service and shelter

36.Share unit entitlements

37.Restrictions on voting rights

38.Power of court where no person is able to vote in respect of a parcel

Part VII - (Deleted)

SECTION

39.(Deleted)

40.(Deleted)

40A.(Deleted)

41.(Deleted)

41A.(Deleted)

42.(Deleted)

43.(Deleted)

44.(Deleted)

45.(Deleted)

46.(Deleted)

47.(Deleted)

48.(Deleted)

49.(Deleted)

50.(Deleted)

51.(Deleted)

52.(Deleted)

53.(Deleted)

53A.(Deleted)

54.(Deleted)

55.(Deleted)

55A.(Deleted)

Part VIII TERMINATION OF SUBDIVISION OF SUBDIVIDED BUILDING

SECTION

56.Power of court when subdivided building is damaged

57.Termination of subdivision

Part IX PROVISIONS FOR LOW-COST BUILDINGS

SECTION

58 - 67.(Deleted)

Part IXA - (Deleted)

SECTION

67A.(Deleted)

67B.(Deleted)

67C.(Deleted)

67D.(Deleted)

67E.(Deleted)

67F.(Deleted)

67G.(Deleted)

67H.(Deleted)

67I.(Deleted)

67J.(Deleted)

67K.(Deleted)

67L.(Deleted)

67M.(Deleted)

67N.(Deleted)

67O.(Deleted)

67P.(Deleted)

67Q.(Deleted)

67R.(Deleted)

67S.(Deleted)

67T.(Deleted)

67U.(Deleted)

67V.(Deleted)

67W.(Deleted)

67X.(Deleted)

Part X MISCELLANEOUS

SECTION

68.(Deleted)

69.No dealing in accessory parcel independent of a parcel

70.No dealing in provisional block

71.(Deleted)

72.(Deleted)

73.Other rights and remedies not affected by this Act

74.Jurisdiction of the Magistrate's Court

75.Legal proceedings

76.(Deleted)

77.(Deleted)

78.(Deleted)

79.Limitation Ordinance not to extend to common property.

80.Power of entry by public or local authority

80A.Prosecution

81.Power of State Authority to make rules

82.Transitional provisions

83.Repeal and amendment of provisions of the National Land Code

84.Amendment of Forms

85.Transitional provision with respect to rules, orders, etc.

First Schedule

Second Schedule

Third Schedule

Fourth Schedule

Fifth Schedule

Sixth Schedule

An Act to facilitate the subdivision of building or land into parcels and the disposition of titles thereto and for purposes connected therewith.

[Peninsular Malaysia and Federal Territory-- 1 June 1985, P.U.(B) 276/1985]

WHEREAS it is desired to introduce in the form of a Strata Titles Act a uniform legislation within the States of Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor, Terengganu, the Federal Territory of Kuala Lumpur, the Federal Territory of Putrajaya and the Federal Territory of Labuan;

AND WHEREAS it is now expedient for the purpose only of ensuring uniformity of law and policy to make with respect to tenure of parcels in a building or land, registration of titles relating to parcels in a building or land, transfer of parcels in a building or land, leases and charges in respect of parcels in a building or land, and easements and other rights and interests in parcels in a building or land;

Now, therefore pursuant to the provisions of Clause (4) of Article 76 of the Constitution, BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and the Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/1.Short title

Part I PRELIMINARY

1. Short title

This Act may be cited as the Strata Titles Act 1985.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/2.Application

2. Application

This Act shall apply only to Peninsular Malaysia, the Federal Territory of Putrajaya and the Federal Territory of Labuan.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/3.Commencement

3. Commencement

(1) This Act shall come into force in each State on such date as the Minister may, with the approval of the National Land Council, by notification in the Gazette, appoint.

(2) This Act shall come into force in the Federal Territory on such date as the Minister may, by notification in the Gazette, appoint.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/4.Interpretation

4. Interpretation

In this Act, unless the context otherwise requires--

"accessory parcel"

means any parcel shown in a strata plan as an accessory parcel which is used or intended to be used in conjunction with a parcel;

"aggregate share units"

(Deleted by Act A1450);

"board",

(Deleted by Act A1450)

"building",

in relation to a lot which is to be developed in stages, includes any building partially completed or to be erected within the lot as shown or specified in any proposed strata plan submitted for approval;

"by-laws",

(Deleted by Act A1450)

"certificate of proposed strata plan"

means the certificate certifying the proposed strata plan prepared under section 8A or 20A, as the case may be;

"certificate of completion and compliance"

has the meaning assigned to it under section 3 of the Street, Drainage and Building Act 1974 [Act 133];

"certified strata plan"

means the plan prepared under section 13 or 22, as the case may be and certified by the Director of Survey;

"Commissioner"

means the Commissioner of Buildings appointed under section 4 of the Strata Management Act 2013 [Act 757];

"common property"

means so much of the lot as is not comprised in any parcel (including any accessory parcel), or any provisional block as shown in a certified strata plan;

"council"

(Deleted by Act A1450);

"delineation plan"

means a plan showing the delineation of land parcels;

"Director of Survey"

means the Director of Survey and Mapping for the State or the Federal Territory and includes a Deputy Director of Survey and Mapping;

"floor area",

in relation to a parcel, means the area occupied by that parcel;

"form",

followed by a number, means the form in the First Schedule identified by that number;

"initial period",

(Deleted by Act A1450);

"land parcel"

means a unit delineated within the lot in which is comprised a building of not more than four storeys which is held under a strata title; which may have shared basement, comprises accessory parcels and common property;

"land surveyor"

means the Director of Survey appointed under the National Land Code or a land surveyor licensed to practise as such under any law for the time being in force in relation to survey;

"location plan"

means a location plan under 8A(3) or 20A(3), as the case may be;

"low-cost building"

means any building certified by the State Authority under section 9B;

"management corporation",

in relation to any subdivided building or land shown in a certified strata plan, means the management corporation established under section 17;

"managing agent"

(Deleted by Act A1450);

"management fund"

(Deleted by Act A1450);

"Minister"

means the Minister charged with the responsibility for land matters;

"original proprietor"

means the proprietor of the lot immediately before the subdivision of building;

"parcel",

in relation to a subdivided building, means one of the individual units comprised therein, which (except in the case of an accessory parcel) is held under separate strata title, and in relation to a subdivided land, means one of the individual units of land parcel;

"prescribed"

means prescribed by rules made by the State Authority under section 81;

"proprietor"

refers to a parcel proprietor, that is to say, a person or body for the time being registered as the proprietor of a parcel, as well as to the proprietor of a provisional block, that is to say, a person or body for the time being registered as the proprietor of a provisional block unless expressly provided otherwise;

"provisional block"

means--

(a) in relation to a subdivided building, a block in respect of a building proposed to be, or in the course of being, erected on building or land, for which a separate provisional strata title is applied for;

(aa) in relation to a subdivided land, a block in respect of the proposed land parcels, for which a separate provisional strata title is applied for;

(b) in relation to a certified strata plan, such a block shown therein, for which a provisional strata title is to be registered; and

(c) in relation to a book of strata register, such a block shown therein, for which a provisional strata title has been registered;

"provisional share units"

means the share value allotted to a provisional block shown in the strata register;

"provisional strata title"

means the title registered and issued under section 16 in respect of a provisional block;

"purchaser"

means any person or body who purchases a parcel or who has any dealing with a developer in respect of the acquisition of such parcel;

"Registrar"

means

(a) in relation to strata titles which are dependent on Registry titles, the Registrar of Titles or Deputy Registrar of Titles for the State; and

(b) in relation to strata titles which are dependent on Land Office titles, the Land Administrator for the District;

"schedule of parcels",

means the schedule of parcels or amended schedule of parcels prepared under the Strata Management Act 2013;

"share units",

in respect of a parcel, means the share units determined for that parcel as shown in the strata register;

"special building"

means any building occupied before June 1996 or any building occupied from June 1996 up to 11 April 2007, as classified by the State Authority as such;

"special account"

(Deleted by Act A1450);

"special resolution"

(Deleted by Act A1450);

"storey"

means any horizontal division of a building whether or not on the same level throughout and whether above or below the surface of the ground;

"storey plan"

means a storey plan under section 8A(4) or 20A(4), as the case may be;

"strata plan"

(a) in relation to a subdivided building, means a location plan and a storey plan, and includes a plan of division or amalgamation of any parcels shown in a certified strata plan; and

(b) in relation to a subdivided land, means a location plan and a delineation plan, and includes a plan of division or amalgamation of any parcels shown in a certified strata plan, and in the case of land parcel with shared basement, includes a storey plan;

"strata register"

means the register of strata titles maintained under the provisions of section 15;

"strata roll",

in relation to a subdivided building or land, means the roll maintained under the Strata Management Act 2013;

"strata title"

means the title issued under section 16;

"subdivided building or land"

means a building or land as subdivided under Part II or Part IV as the case may be;

"subsidiary management corporation"

in relation to limited common property means the subsidiary management corporation created under section 17A;

"super structure stage"

means the stage upon the completion of building works as duly certified in accordance with the relevant by-laws make under the Street, Drainage and Building Act 1974 [Act 133]

"unanimous resolution"

means a resolution which is passed at a duly convened general meeting of a management corporation of which at least twenty one days' notice specifying the proposed resolution has been given and against which no vote is cast.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/4A.Coming into operation of the Computerization System of Strata Titles in any Land Registry

4A. Coming into operation of the Computerization System of Strata Titles in any Land Registry

(1) The Minister may, with the approval of the National Land Council, by notification in the Gazette, appoint a date for the coming into operation of the Computerization System of Strata Titles in any Land Registry.

(2) For the purpose of subsection (1), the term "Land Registry" means the office of the Registrar of Titles for the State.

(3) Upon the coming into operation of the Computerization System of Strata Titles in any Land Registry--

(a) the provisions of the Fifth Schedule shall apply; and

(b) the provisions of this Act in so far as they relate to the forms of document of title, the procedure for the preparation and registration of any document of title, any dealing in parcel and any entry or endorsement of any note, memorial, or any correction or cancellation thereof on any document of title shall be read with the modifications, amendments, additions, deletions, substitutions or adaptations as provided in the Fifth Schedule.

(4) The Minister may, with the approval of the National Land Council, by order published in the Gazette, amend or substitute any of the Forms in the Fifth Schedule.

(5) Except as provided in paragraph (3)(b), all other provisions of this Act shall remain in operation and continue to be applicable to every document of title, instrument or other document prepared under the Computerization System of Strata Titles.

(NOTE : Substitute for subsection (2) the following subsection: " (2) For the purpose of subsection (1), the term "Land Registry" means the office of the Registrar of Titles for the State.". [P.U. (A) 458/2009].)

(NOTE : IN exercise of the powers conferred by section 4A of the Strata Titles Act 1985 [Act 318], the Minister, with the approval of the National Land Council, appoints 1 April 2010 as the date on which the section comes into operation in the Land Registry in the State of Penang. [P.U. (B) 155/2010].)

(NOTE : In exercise of the powers conferred by section 4A of the Strata Titles Act 1985, the Minister, with the approval of the National Land Council, appoints 1 March 2012 as the date of coming into operation of the Computerization System of Strata Titles in the Office of the Registrar of Titles in the State of Selangor [P.U. (B) 333/2014].)

(NOTE : In exercise of the powers conferred by section 4A of the Strata Titles Act 1985, the Minister, with the approval of the National Land Council, appoints 2 January 2015 as the date of coming into operation of the Computerization System of Strata Titles in the Office of the Land Administrator in the State of Selangor [P.U. (B) 555/2014].)

(NOTE : IN exercise of the powers conferred by section 4A of the Strata Titles Act 1985[Act 318], the Minister, with the approval of the National Land Council, appoints 11 December 2014 as the date of coming into operation of the Computerization System of Strata Titles in the Land Registry in the State of Malacca. [P.U. (B) 46/2015].)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/4B.Coming into operation of the Electronic Land Administration System of Strata Titles in any Land Registry

4B. Coming into operation of the Electronic Land Administration System of Strata Titles in any Land Registry

(1) The Electronic Land Administration System of Strata Titles shall come into operation in any Land Registry upon notification in the Gazette pursuant to subsection 5D(1) of the National Land Code.

(2) For the purpose of subsection (1)--

(a) "Disaster Recovery Centre" means a centre of backup and recovery system set up by the State Authority for the continuity of business operation of the Electronic Land Administration System;

(b) "Land Registry" includes--

(i) in the case of strata titles held or to be held dependent on Registry titles, the office of the Registrar of Titles for the State;

(ii) in the case of strata titles held or to be held dependent on Land Office titles, the office of the Land Administrator for the District; and

(iii) in times of disaster as specified by the State Authority, the Disaster Recovery Centre.

(3) Upon the coming into operation of the Electronic Land Administration System for Strata Titles in any Land Registry--

(a) the provision of the Sixth Schedule shall apply in so far as they relate to the forms of document of strata title, the procedure for the preparation and registration of any document of strata title, any dealing and any entry or endorsement of any note, memorial or memorandum or any correction or cancellation thereof on any document of strata title;

(b) other provisions of this Act which relate to the Electronic Land Administration System shall be read with modifications, amendments, additions, deletions, substitutions or adaptations as provided in the Sixth Schedule; and

(c) the provision of the Fifth Schedule shall cease to be operative.

(4) The Minister may, with the approval of the National Land Council, by order published in the Gazette, amend the Sixth Schedule.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/5.Construction of the Act

5. Construction of the Act

(1) This Act shall be read and construed with the National Land Code as if it forms part thereof.

(2) The National Land Code and the rules made thereunder, in so far as they are not inconsistent with the provisions of this Act or the rules made thereunder, or are capable of applying to parcels, shall apply in all respects to parcels held under the strata titles.

(3) Notwithstanding subsection (1) and (2), the Yang di-Pertuan Agong may, from time to time, by order provide--

(a) for the non-application of any provision of the National Land Code to this Act; or

(b) for the application of any provision of the National Land Code to this Act subject to such variations, modifications, adaptations, additions or deletions as may be specified in the order.

(4) In the application of subsection (1) to the Federal Territory, the National Land Code shall be read as modified by the Yang di-Pertuan Agong under section 7 of the Constitution (Amendment) (No. 2) Act 1984 [Act A585]

(5) Any reference to the State Authority in this Act in its application in the Federal Territory and in the operation of the National Land Code as modified under subsection (4), shall be construed as a reference to the Minister charged with the responsibility for land in the Federal Territory.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/6.Building or land capable of being subdivided into parcels

Part II APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND

6. Building or land capable of being subdivided into parcels

(1) Any building having two or more storeys on alienated land held as one lot under final title (Registry title) shall be capable of being subdivided into parcels; and any land on the same lot shall also be capable of being subdivided into parcels each of which is to be held under a strata title or an accessory parcel.

(1A) Any alienated land having two or more buildings held as one lot under final title (Registry title) shall be capable of being subdivided into land parcels each of which is to be held under a strata title or as an accessory parcel.

(2) Notwithstanding subsection (1), the State Authority may, by rules, published in the Gazette, prohibit the subdivision of buildings or land of any class or description as may be specified in such rules.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/7.Original proprietor may apply for subdivision of a building or land

7. Original proprietor may apply for subdivision of a building or land

The original proprietor of any alienated land on which there is any building or land which is capable of being subdivided under section 6 may, subject to the provisions of this Act, apply for the subdivision thereof to the Director.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/8.Circumstances in which it is compulsory to apply for subdivision of a building or land

8. Circumstances in which it is compulsory to apply for subdivision of a building or land

(1) The original proprietor of any alienated land on which there is a building capable of being issued with strata titles shall, within the period specified in subsections (2) and (3), apply in accordance with subsections 8A(1) and 9(1) for the subdivision of the building or land if at any time he has sold or agreed to sell any parcel in such building or land to any person.

(2) The period within which the requirements of subsection 8A(1) shall be complied with is as follows:

(a) in the case where the sale of, or agreement to sell, any parcel of the building or the first of such sales or agreements takes place and the document that certifies the super structure stage is issued after the commencement of this Act, the period is three months from the date of issuance of the document that certifies the super structure stage;

(b) in the case where the building is completed after the commencement of this Act and the sale of, or agreement to sell, any parcel of the building or the first of such sales or agreements took place before the commencement of this Act, the period is three months from the date of issuance of the certificate of completion and compliance;

(c) in the case where the building is completed and the sale of, or agreement to sell, any parcel of the building or the first of such sales or agreements takes place after the commencement of this Act, the period is three months from the date of the issuance of the certificate of completion and compliance or the sale of, or agreement to sell, any parcel of the building or the first of such sales or agreements took place whichever is the later;

(d) in the case where the building was completed and the sale of, or agreement to sell, any parcel of the building or the first of such sales or agreements took place before the commencement of this Act, the period is three months from the date of the commencement of this Act;

(e) in the case where the building was completed before the commencement of this Act and the sale of, or agreement to sell, any parcel of the building or the first of such sales or agreements takes place after the commencement of this Act, the period is three months from the date of the sale of, or agreement to sell, any parcel of the building or the first of such sales or agreements took place.

(3) The original proprietor of any alienated land on which the building or land had been issued with the certificate of proposed strata plan under subsection 8A(8), shall apply for subdivision in accordance with subsection 9(1) within a period of one month from the date of issuance of the certificate of proposed strata plan.

(4) The period specified in subsection (2) may, on an application made before its expiry, be extended once by the Director of Survey for any further period not exceeding one month.

(5) The period specified in subsection (3) may, on an application made before its expiry, be extended once by the Director for any further period not exceeding one month.

(6) The application for the approval of the Director shall be treated as not being in accordance with subsection 8A(1) if the application is defective by reason of any material non-compliance with any of the requirements of subsection 9(1) pertaining to the application.

(7) Where an application is not made within the period specified in subsections (2) and (3), and, within the period of such extension granted in respect of a building or land under subsection (4) or (5), the original proprietor shall be guilty of an offence.

(8) The original proprietor who is guilty of an offence under subsection (7) shall, on conviction, be liable to a fine of not less than ten thousand ringgit but not more than one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both and, in the case of a continuing offence, to a further fine of not less than one hundred ringgit but not more than one thousand ringgit for every day during which the offencecontinues to be committed.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/8A.Application for certificate of proposed strata plan

8A. Application for certificate of proposed strata plan

(1) For the purpose of subsection 9(1), the original proprietor of any alienated land on which the building or land is capable of being issued with strata titles shall apply for a certificate of proposed strata plan to the Director of Survey by submitting Form 10 together with the following:

(a) fees for the survey carried out or caused to be carried out under subsection 8A(8);

(b) except in a case falling under paragraph (c), the original copy of the building plans approved by the local planning authority;

(c) if the original copy of the building plans approved by the local planning authority are not available, the application under this subsection shall be accompanied by--

(i) plans of the building, certified by a Professional Architect or by a land surveyor as having been drawn according to the actual features of the building and as truly representing those features; and

(ii) a certification by a duly authorized officer of the appropriate local planning authority that the building as represented by the plans mentioned in subparagraph (i), was erected with planning permission but the plans and specifications by reference to which that permission was given are no longer available, and that the local planning authority is nevertheless satisfied that the building as so represented satisfies planning requirements;

(d) a proposed strata plan comprising a location plan, storey plan and delineation plan, containing such details as are specified in subsections (2), (3), (4), (5), (6) and (7) respectively, and certified by a land surveyor as follows:

(i) that he has made a comparison of the plans to the approved building plans prepared by a Professional Architect registered under the Architects Act 1967 [Act 117] or a Professional Engineer registered under the Registration of Engineers Act 1967 [Act 138] responsible for its construction, or in a case falling under paragraph (c), to the building plans which have been drawn and certified by the Professional Architect or by the land surveyor;

(ii) in the case of a storey plan, that the boundaries of the parcels shown thereon follow features of permanent construction appearing in the building;

(iii) that the building or buildings are situated wholly within the boundaries of the lot in question, but discounting any eave, awning, and any balcony not forming part of a proposed parcel, which projects over a road reserve to which there subsists a permit or permits issued under section 75Aof the National Land Code in respect of every such eave, awning and balcony;

(iv) that each of the proposed parcels has--

(A) an adequate means of access not passing through another parcel; and

(B) an adequate means of internal communication not passing through the common property;

(v) that it has been certified by a land surveyor that the position of each provisional block as delineated on the location plan is wholly within the boundaries of the lot in question;

(e) in the case of any building or land parcels for the erection of which planning permission was required, a certification by the Professional Architect or by the Professional Engineer referred to in subparagraph (1)(d)(i) that the building was constructed in accordance with the plans and specifications by reference to which that permission was given; and the plans and specifications of the buildings state the date on which such permission was given and the reference number, if any;

(f) a certified copy of the final title of the lot;

(g) a certified copy of the document that certifies the super structure stage for the case under paragraph 8(2)(a);

(h) a certified copy of the certificate of completion and compliance or certificate of fitness for occupancy, as the case may be, except in the case under paragraph 8(2)(a); and

(i) a certified copy of the schedule of parcel or amended schedule of parcels, as the case may be, filed with the Commissioner under the Strata Management Act 2013 except in the case under paragraphs 8(2)(b) and (d).

(2) For the purpose of subdivision under subsection 6(1A), the proposed strata plan shall comprise a location plan and a delineation plan, and in the case of subdivision of land with shared basement, includes a storey plan showing the proposed accessory parcels and common property.

(3) Every location plan shall--

(a) specify the lot number, the title number of the land comprised therein and the area thereof;

(b) delineate the boundaries and boundary marks of the lot and the position of all buildings thereon, showing which of these buildings are to be subdivided and in the case of an application for subdivision of land into land parcels, delineate the boundaries and boundary marks of the lot and the parcels showing the position of all the buildings thereon;

(c) in the case for subdivision of building, and subdivision of land into land parcels with shared basement, include a vertical section of each such building or shared basement, as the case may be, showing--

(i) the floor and ceiling of each storey; and

(ii) the height of each storey; and

(d) contain such other details as may be determined by the Director of Survey.

(4) Every storey plan shall--

(a) specify the lot number and the title number of the land comprised therein, and the building and numbered storey thereof to which the plan relates;

(b) delineate, subject to the provisions of paragraphs (7)(a) and (b), each proposed parcel and define the boundaries thereof by reference to floors and walls showing the horizontal dimensions, without it being necessary to show the bearing;

(c) indicate in respect of each such parcel the number by which it is described in the proposed strata plan;

(d) specify the floor area of each parcel;

(e) distinguish such parts as are not to be included in any of the parcels but are to become part of a common property; and

(f) contain such other details as may be determined by the Director of Survey.

(5) Every delineation plan shall--

(a) specify the lot number and the title number of the land comprised therein, and the land parcel to which the plan relates;

(b) delineate each proposed land parcel by reference to the lot boundary showing the bearing and distance of each boundary;

(c) indicate in respect of each such land parcel the number by which it is described in the proposed strata plan;

(d)specify the area of each land parcel;

(e) distinguish such parts as are not to be included in any of the land parcels but are to become part of the common property; and

(f) contain such other details as may be determined by the Director of Survey.

(6) Every proposed strata plan shall--

(a) show a legend of--

(i) all parcels;

(ii) all common property; and

(iii) all accessory parcels, and specify therein the parcels they are made appurtenant to, irrespective of whether the accessory parcels are contiguous to those specified parcels; and

(b) contain such other particulars as may be determined by the Director of Survey.

(7) Where an accessory parcel--

(a) consists of a building or parts thereof and is bounded by external walls, floors and ceilings, the dimensions and boundaries of such accessory parcel shall be shown in the proposed strata plan in accordance with the requirements of subsections (3), (4) and (5);

(b) does not consist of a building or parts thereof--

(i) the external boundaries of the accessory parcel shall be ascertained from the building plans approved by the planning authority, and the accessory parcel shall be up to a reasonable height or to the extent of any projection above or encroachment below ground level by another part of the lot; and

(ii) the proposed strata plan shall show a diagram of the accessory parcel with similar dimensions as those shown on the approved plans mentioned in subparagraph (i).

(8) The Director of Survey shall thereupon check the location plan, storey plan and delineation plan, whichever is applicable, carry out or cause to be carried out such survey of the land, any of the buildings thereon or any of the parcels, and shall--

(a) issue a certificate of proposed strata plan to the applicant if he is satisfied that the plans are in order;

(b) issue a copy of such certificate to the Land Administrator for the purpose of section 8; and

(c) notify the Land Administrator of the amount of fees to be collected in respect of the plans caused to be prepared in the event of the approval of the application.

(9) Where an application under subsection (1) involves a provisional block or blocks by virtue of section 9A, the following requirements relating to the provisional block or blocks shall, in addition to the requirements of section 9 relating to the particular building or buildings or land to be subdivided, be observed in making the application:

(a) the application shall be accompanied by the original copy of the building plans approved by the planning authority for the building or buildings to be, or in the course of being, erected;

(b) the location plan shall include a legend, and shall delineate the position of each provisional block, showing in accordance with the approved building plans, the vertical section and dimension of the building or shared basement for land parcel, if any;

(c) the application shall be accompanied, as forming part of the proposed strata plan, by a storey plan in respect of each provisional block, which shall delineate the external boundaries, and show, in accordance with the approved building plans, the horizontal dimensions of the building or shared basement for land parcel, if any, to which the provisional block relates, without it being necessary to show any bearings; and

(d) the proposed strata plan shall, in respect of a provisional block or blocks in respect of land--

(i) delineate the proposed block by reference to the lot boundary showing the bearing and distance of each boundary;

(ii) specify the area for provisional block or blocks; and

(iii) contain such other details as may be determined by the Director of Survey.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/9.Application for subdivision of building, etc.

9. Application for subdivision of building, etc.

(1) An application for the approval of the Director for the subdivision of building, building and land, under subsection 6(1) and subdivision of land under subsection 6(1A) shall be made in Form 1 to the Land Administrator and shall be accompanied by--

(a) such fees as may be prescribed;

(b) such fees as so notified by the Director of Survey under paragraph 8A(8)(c);

(c) a certificate of the proposed strata plan;

(d) the classification certificate of a low-cost building issued undersubsection 9B(3), if any;

(e) the written consents to the making of the application of every person who, at the time of the application, is entitled to the benefit of a lease of the whole or any part thereof, other than a part corresponding precisely with, or included within, one of the parcels to be created upon subdivision;

(f) the proposed name of the management corporation, and the address for the service of documents thereon, required to be supplied pursuant to subsection 15(3);

(g) the issue document of title of the lot;

(h) a certified copy of the certificate of completion and compliance or certificate of fitness for occupancy, as the case may be, except in the case under paragraph 8(2)(a); and

(i) a certified copy of the schedule of parcels or amended schedule of parcels, as the case may be, except in the case under paragraphs 8(2)(b) and (d).

(2) No application under subsection (1) shall be made unless--

(a) the land is held under final title;

(b) the use of the land is not contrary to the land category and conditions; and

(c) the land is not subject to any charge or lien.

(3) Upon receipt of an application under subsection (1), the Land Administrator shall endorse or cause to be endorsed, a note of the making thereof on the register document of title.

(4) The Land Administrator shall thereupon if he is satisfied that the application and the other documents presented therewith are in order, transmit them to the Director together with his recommendations for approval or rejection.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/9A.Application for subdivision in the case of phased developments

9A. Application for subdivision in the case of phased developments

An application under subsection 9(1), except where it relates to a low-cost building, shall include an application for the issue of provisional strata title for a provisional block in respect of a building or land, being a building or land capable according to subsection 6(1) or (1A) of being subdivided, proposed to be, or in the course of being, erected on the lot in question.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/9B.Application for subdivision in the case of low-cost buildings

9B. Application for subdivision in the case of low-cost buildings

(1) The State Authority may, on an application by a proprietor of any alienated land or at any time on its own motion, having regard tothe location, nature of construction and the cost of the building, classify it to be a low-cost building.

(2) Without prejudice to subsection (1), the State Authority may prescribe the classification for any type of building to be a low-cost building.

(3) Upon classifying any building to be a low-cost building, the State Authority shall issue a certificate to the proprietor of the alienated land.

(4) Upon receipt of the certificate issued by the State Authority, the proprietor of the alienated land shall apply for the subdivision of the building under subsection 9(1).

(5) No building erected in a provisional block shall be classified to be a low-cost building.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/10.Conditions for approval

10. Conditions for approval

(1) The Director shall not approve the subdivision of any building or land into parcels unless the following conditions are satisfied:

(a) that the Director of Survey has issued the certificate of proposed strata plan;

(b) that the subdivision would not contravene any condition or restriction in interest to which the land comprised in that lot is for the time being subject;

(c) that the subdivision would not be contrary to the provisions of any written law for the time being in force and that any requirements imposed with respect thereto by or under any such written law have been complied with;

(d) that no item of land revenue is outstanding in respect of the land;

(e) that consent in writing to the making of the application has been obtained from every person who at the time when approval was applied for, was entitled to the benefit of a lease of the whole or any part thereof, other than a part corresponding precisely with, or included within, one of the parcels to be created upon subdivision;

(f) that, where the land on which the building or buildings stand is held for a term of years, there still remains a period of not less than twenty-one years to run;

(g) that the land on which the building or buildings stand is not subject to any charge or lien;

(h) that the proposed share units assigned to the parcels by the proprietor of the lot in his application in Form 1 are equitable; and

(i) that the land is held under final title.

(2) In a case of an application involving a provisional block or blocks by virtue of section 9A, the Director shall not approve the subdivision of any building to which the application relates unless the following additional conditions are satisfied:

(a) that it has been certified by a land surveyor that the position of each provisional block as delineated on the location plan is wholly within the boundaries of the lot in question;

(b) that the quantum of provisional share units assigned to each provisional block by the proprietor of the lot in his application in Form 1 are equitable; and

(c) that the proprietor--

(i) has given the date by when he undertakes that the construction of the building or each building to which the provisional block or blocks relate will be completed;

(ii) has paid to the Director in respect of each provisional block a deposit of such reasonable amount as the Director may require; and

(iii) has furnished a written statement to the effect that he agrees that the amount be forfeited to the government in the event that, by that date or by such later date as the Director may allow, the construction of the building to which the provisional block relates is not completed or, if completed, the certificate of completion and compliance has not been issued.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/10A.Application for subdivision in the case of phased developments

10A. Application for subdivision in the case of phased developments

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/10B.Application for subdivision in the case of low-cost building

10B. Application for subdivision in the case of low-cost building

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/11.Withdrawal of applications

11. Withdrawal of applications

(1) An application under subsection 9(1) shall not be capable of being withdrawn except with the concurrence of the Director; and the Director shall not give his concurrence unless he is satisfied that the withdrawal is not, or will not be, detrimental to the interests of any person who has purchased or agreed to purchase any parcel of the building in question.

(2) Where the application under subsection 9(1) is withdrawn, the Director shall notify the Registrar or Land Administrator who shall cancel or cause to be cancelled the note thereof endorsed on the register document of title pursuant to subsection 9(3).

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/12.Powers of Director of Lands and Mines in relation to applications

12. Powers of Director of Lands and Mines in relation to applications

(1) On receiving any application made under section 9, the Director shall--

(a) approve the subdivision if it appears to him that the conditions specified in section 10 are satisfied; and

(b) in any other case, reject the application.

(2) Where he has approved any application for subdivision of building or land, the Director shall request the Director of Survey to prepare or cause to be prepared a certified strata plan.

(3) Where he has rejected any such application, the Director shall--

(a) notify the Land Administrator who shall forthwith inform the proprietor and shall cancel or cause to be cancelled the note thereof endorsed on the register document of title pursuant to subsection 9(3); and

(b) refund all fees for the preparation and registration of strata titles.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/13.Action by Director of Survey after approval of subdivision

13. Action by Director of Survey after approval of subdivision

(1) Upon receipt of the request by the Director and upon being informed that the fees referred to in paragraph 8A(8)(c) have been duly paid, the Director of Survey shall--

(a) from the relevant proposed strata plan, prepare or cause to be prepared a certified strata plan complying with the requirements of subsection (2), with such modifications as he may consider necessary;

(b) file the certified strata plan in his office;

(c) prepare one copy of the certified strata plan for retention by the Registrar;

(d) prepare additional copies of the certified strata plan, or copies of the various folios thereof as mentioned in subsection (4), for the purpose of attaching them to the issue documents of title to the parcels which are to be created on the subdivision; and

(e) transmit to the Director, the copies so prepared, together with the approved application and other accompanying documents.

(2) The certified strata plan referred to in paragraph (1)(a)shall be a plan delineating, on as many folios as may be considered most suitable for the purpose, the storeys of the building or buildings to be subdivided, and the parcels within each storey and every folio shall contain also--

(a) a plan of the land, showing the position of every building thereon; and

(b) except for land parcels, a vertical section of the building or buildings to be subdivided, showing the position therein of the storey or storeys to which it relates.

(c) (Deleted by Act A1450)

(3) For the purposes of the preparation of any such certified strata plan, the boundary of any parcel of a building with any other parcel, or with any part of the building which is not included in any of the parcels, shall, except in so far as it may have been otherwise provided in the relevant storey plans, be taken to be the centre of the floor, wall or ceiling, as the case may be, or in the case of land parcels, the boundary shall be defined by its demarcation on the land.

(4) The number of additional copies of the certified strata plan to be prepared pursuant to paragraph (1)(d) shall be as follows:

(a) where any such plan consists of one folio only, the number of copies shall be equal to the number of parcels shown thereon; and

(b) where any such plan consists of two or more folios, the number of copies of each folio to be so prepared shall be equal to the number of parcels shown on that folio.

(5) For the purposes of this section, the certified strata plan in respect of a provisional block shall contain a plan showing the position of the provisional block and the vertical section and dimension of the building or shared basement for land parcel, if any.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/14.Issue of strata titles to individual parcels

14. Issue of strata titles to individual parcels

Upon receiving from the Director of Survey the documents referred to in paragraph13(1)(e), and upon being informed by the Land Administrator that the fees for preparation and registration of strata titles have been paid, the Director shall direct the Registrar to open a book of the strata register in accordance with the provisions of section 15 and prepare, register and issue strata titles in accordance with the provisions of section 16.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/14A.Failure to pay amount demanded

14A. Failure to pay amount demanded

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/15.Preparation and maintenance of strata register

Part III REGISTRATION OF STRATA TITLES

15. Preparation and maintenance of strata register

(1) The Registrar shall prepare and maintain for the purposes of this Act a register of strata titles to be known as the strata register.

(2) The strata register shall consist of a series of books, each relating to one lot, and every such book shall contain--

(a) an index in Form 2 to the individual parcels and, if any, appurtenant accessory parcels and to the individual provisional block, if any, comprised in the lot;

(b) a statement in Form 3 which subject to subsections (4), (5) and (6) shall--

(i) set out, or where appropriate summarize so far as they relate to matters capable of affecting any of those parcels or provisional blocks, all express conditions, restrictions-in-interest, memorials, endorsements and other entries which appeared on the register document of title to the lot at the time the statement was authenticated by the Registrar; or

(ii) confirm that there were no such entries;

(c) a copy of the certified strata plan prepared under paragraph 13(1)(a); and

(d) a register document of title in Form 4 in respect of a parcel and in Form 4a in respect of a provisional block.

(3) The name of the management corporation, and the address for the service of documents thereon, required to be stated in the index in Form 2 shall be supplied to the Registrar by the proprietor of the lot.

(3A) Where the proprietor of the lot, after being given reasonable notice by the Registrar, fails to supply the name of the management corporation or the address for service of documents thereon as required by subsection (3), the Registrar--

(a) as regards the name of the management corporation, shall himself determine the name to be stated in the index in Form 2; or

(b) as regards the address for service, shall cause to be stated in the index in Form 2 the postal address of any building erected within the lot.

(4) For the purposes of the statement in Form 3, no account shall be taken of any lease, tenancy or any caveat relating to a part of the building which corresponds precisely with, or is included within one of the parcels created on the subdivision, or of any charge of, or lien over, such a lease; but any such lease, tenancy, caveat or charge shall be endorsed on the register document of title to the parcel in question.

(5) The Registrar shall, in the case of private caveats or Registrar's caveats appearing on the register document of title to the lot, if satisfied that such caveats affect only particular parcels created on the subdivision, endorse such caveats on the register documents of title to the parcels in question, and endorse or cause to be endorsed, a note of the cancellation of such caveats on the register document of title to the lot.

(6) Where the Registrar is unable to ascertain to his satisfaction the caveats which affect the particular parcels, he may, instead of setting out or summarizing them, endorse a statement in Form 3 to the effect that the lot is so subject to the caveats entered on the register document of title to the lot:

Provided that the Registrar may at any time thereafter, if it can be ascertained to his satisfaction that any of such caveats relate to particualr parcels, endorse such caveats on the register documents of title to the parcels in question and endorse or cause to be endorsed, a note of the cancellation of such caveats on the register document of title to the lot.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/16.Documents of strata title

16. Documents of strata title

(1) The Registrar shall prepare documents of strata title in respect of--

(a) a parcel in Form 4; and

(b) a provisional block in Form 4A, if any.

(2) The documents of strata title to be prepared by the Registrar in respect of any parcel or provisional block under subsection (1) shall consist of--

(a) a register document of title in Form 4 in respect of a parcel and in Form 4A in respect of a provisional block;

(b) an issue document of title, consisting of a copy of the register document to which shall be attached the copy of the certified strata plan or of the relevant folio of that plan prepared under paragraph 13(1)(d):

Provided that, in the case of a parcel created on the division or amalgamation of any existing parcels, the plan to be attached to the issue documents of title shall be such as may be prepared in accordance with Part V of this Act.

(3) Every document of strata title shall be prepared in the name of the person last registered as proprietor of the lot in question, or where it relates to a parcel created as mentioned in the proviso to subsection (2) in the name of the person last registered as proprietor of the existing parcel or parcels.

(4) (Deleted by Act A753).

(5) The registration of the register documents of strata title shall consist of their authentication under the hand and seal of the Registrar; and the date of registration shall be inscribed by him on every document.

(6) The provisions of sections 89 to 91 of the National Land Code shall apply to documents of strata title as they apply to documents of final title:

Provided that where any parcel is subject to a charge or lien, nothing in section 90 of the National Land Code shall be taken to authorize the issue of the document of title thereto to the proprietor of the parcel.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/17.Effect of opening of book of strata register

17. Effect of opening of book of strata register

(1) On authenticating the statement in Form 3 required to be contained in any book of the strata register, the Registrar shall make on the register document of title and the issue document of title to the lot in question a memorial to the effect that the book has been opened, and that the common property is vested in the management corporation coming into existence by virtue of subsection (3), and shall return the issue document of title to that corporation.

(2) No entry shall thereafter be made on either of the documents of title except one affecting the common property.

(3) Upon the opening of a book of the strata register in respect of a subdivided building or land there shall, by the operation of this section, come into existence a management corporation consisting of all the parcel proprietors including in the case of phased development, the proprietor of the provisional block or blocks and the Registrar shall issue a certificate certifying the establishment of the management corporation as a body corporate constituted under this Act on the day specified in the certificate.

(4) The management corporation existed by virtue of subsection (3) shall be known by the name appearing in the book of the strata register relating to a subdivided building or land, and shall be a body corporate, having perpetual succession and a common seal and which may sue and be sued.

(5) In the case where a certificate certifying the establishment of the management corporation was not issued during the opening of a strata book, the management corporation may apply to the Registrar for a certificate certifying that the management corporation has been established in Form 9.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/17A.Limited common property and subsidiary management corporations allowed

17A. Limited common property and subsidiary management corporations allowed

(1) The management corporation may designate limited common property and create one or more subsidiary management corporations only for the purpose of representing the different interests of parcel proprietors by way of comprehensive resolution conducted under the Strata Management Act 2013.

(2) Limited common property designated by a comprehensive resolution passed by the management corporation shall--

(a) describe, identify or define the boundaries or area of the limited common property in the special plan;

(b) specifies each parcel comprised in that special plan whose proprietors are entitled to the exclusive benefit of the limited common property; and

(c) conform with any other details as may be prescribed by the Director of Survey.

(3) The management corporation shall make an application in Form 9 for the approval of the Director for the issue of certificate of subsidiary management corporation for the designated limited common property and shall be accompanied by--

(a) such fee as may be prescribed;

(b) a copy of the comprehensive resolution together with a certificate signed by the Commissioner certifying the receipt of the same filed with him by the management corporation; and

(c) a special plan prepared under subsection (2), and any approved amendments thereto.

(4) Upon receipt of the application, the Director shall then refer the application to the Director of Survey and the Director of Survey shall thereupon check the special plan and shall--

(a) advise the Director as to whether the plans are in order; and

(b) notify the Director of the amount of fees to be collected in respect of such work been done.

(5) The Director shall thereupon if he is satisfied that the application and the other documents presented therewith are in order, accept and issue a certificate certifying that the subsidiary management corporation is a body corporate constituted under this Act on the day specified in the certificate.

(6) The subsidiary management corporation may sue and be sued.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/18.Share units of parcels

18. Share units of parcels

Every parcel shall have a share value as approved by the Director and expressed in whole numbers to be known as share units.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/19.Provisional share units of a provisional block

19. Provisional share units of a provisional block

Every provisional block shall have a share value as approved by the Director, which shall be expressed in whole numbers and taken as provisional share units.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/20.Circumstances in which it is compulsory for a proprietor of provisional strata title to apply for strata title

Part IV PROVISIONAL BLOCK: ISSUANCE OF STRATA TITLES

20. Circumstances in which it is compulsory for a proprietor of provisional strata title to apply for strata title

(1) The proprietor of provisional strata title shall, within the period specified in subsections (2) and (3), apply in accordance with subsections 20A(1) and 20B(1) for the subdivision of the building or land capable of being issued with strata titles, if at any time he has sold or agreed to sell any parcel in such building or land to any person.

(2) The period within which the requirement of subsection (1) shall be complied with is as follows:

(a) in the case where the sale of, or agreement to sell, any parcel of the building or the first of such sales or agreement takes place and the document that certifies the super structure stage is issued after the commencement of this Act, the period is three months from the date of the issuance of the document that certifies the super structure stage;

(b) in the case where the building is completed after the commencement of this Act and the sale of, or agreement to sell, any parcel of the building or the first of such sales or agreement took place before the commencement of this Act, the period is three months from the date of the issuance of the certificate of completion and compliance;

(c) in the case where the building was completed and the sale of, or agreement to sell, any parcel of the building or the first of such sales or agreement took place before the commencement of this Act, the period is three months from the date of the commencement of this Act;

(d) in the case where the building was completed before the commencement of this Act and the sales of, or agreement to sell, any parcel of the building or the first of such sales or agreement takes place after the commencement of this Act, the period is three months from the date the sales of, or agreement to sell, any parcel of the building or the first of such sales or agreement takes place.

(3) Where the proprietor of provisional strata title has not sold or agreed to sell any parcel in such building or land to any person and such building or land has been issued with certificate of completion and compliance or certificate of fitness for occupation, the proprietor of provisional strata title shall--

(a) in the case where the certificate of completion and compliance or certificate of fitness for occupation is issued after the commencement of this Act, apply for the issuance of the certificate of proposed strata plan to the Director of Survey within three months from the issuance of the certificate of completion and compliance or certificate of fitness for occupation;

(b) in the case where the certificate of completion and compliance or certificate of fitness for occupation was issued before the commencement of this Act, the proprietor of provisional strata title shall, within three months from the commencement of this Act, apply for the issuance of the certificate of proposed strata plan to the Director of Survey.

(4) The proprietor of provisional strata title of the building or land which had been issued with the certificate of proposed strata plan under subsection 20A(8), shall apply for the subdivision under subsection 20B(1) within the period of one month from the date of the issuance of the certificate of proposed strata plan.

(5) The period specified in subsections (2) and (3) may, on an application made before its expiry, be extended once by the Director of Survey for any further period not exceeding one month.

(6) The period specified in subsection (4) may, on an application made before its expiry, be extended once by the Director for any further period not exceeding one month.

(7) The application for the approval of the Director shall be treated as not being in accordance with subsection (1) if the application is defective by reason of any material non-compliance with any of the requirements of subsection 20B(1) pertaining to the application.

(8) Where an application is not made within the period specified in subsections (2), (3) and (4) or within the extended period granted under subsection (5) or (6) in respect of a building or land, the original proprietor shall be guilty of an offence.

(9) The proprietor of provisional strata title who commits any offence under subsection (7) or (8) shall, on conviction, be liable to a fine of not less than ten thousand ringgit but not more than one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both and, in the case of a continuing offence, to a further fine of not less than one hundred ringgit but not more than one thousand ringgit for every day during which the offence continues to be committed.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/20A.Application for certificate of proposed strata plan

Part IV PROVISIONAL BLOCK: ISSUANCE OF STRATA TITLES

20A. Application for certificate of proposed strata plan

(1) The proprietor of the provisional strata title shall, as soon as a building or land is capable of being issued with strata titles, make an application for the approval of the Director of Survey for the issuance of the certificate of proposed strata plan to the parcels within a period of three months from the issuance of the certificate and shall submit a proposed strata plan to the Director of Survey by submitting Form 10 together with the following:

(a) fees of such survey carried out or caused to be carried out under subsection (8) as determined by the Director of Survey;

(b) except in a case falling under paragraph (c), the original copy of the building plans approved by the local planning authority;

(c) if the original copy of the building plans approved by the local planning authority are not available, the application under this subsection shall be accompanied by--

(i) plans of the building, certified by a Professional Architect or by a land surveyor as having been drawn according to the actual features of the building and as truly representing those features; and

(ii) a certification by a duly authorized officer of the appropriate local planning authority that the building as represented by the plans mentioned in subparagraph (i) was erected with planning permission but the plans and specifications by reference to which that permission was given are no longer available, and that the local planning authority is nevertheless satisfied that the building as so represented satisfies planning requirements;

(d) a proposed strata plan comprising a location plan, storey plan and delineation plan, containing such details as are specified in subsections (2), (3), (4), (5), (6) and (7) respectively and certified by a land surveyor as follows:

(i) that he has made a comparison of the plans to the approved building plans prepared by a Professional Architect registered under the Architects Act 1967 [Act 117] or a Professional Engineer registered under the Registration of Engineers Act 1967 [Act 138] responsible for its construction, or, in a case falling under paragraph (c), to the building plans which have been drawn and certified by the Professional Architect or by the land surveyor;

(ii) in the case of a storey plan, that the boundaries of the parcels shown thereon follow the features of permanent construction appearing in the building;

(iii) that the building or buildings are situated wholly within the boundaries of the lot in question, but discounting any eave, awning, and any balcony not forming part of a proposed parcel, which projects over a road reserve, to which there subsists a permit or permits issued under section 75Aof the National Land Code in respect of every such eave, awning and balcony;

(iv) that each of the proposed parcels has--

(A) an adequate means of access not passing through another parcel; and

(B) an adequate means of internal communication not passing through the common property; and

(v) that it has been certified by a land surveyor that the position of each provisional block as delineated on the location plan is wholly within the boundaries of the lot in question;

(e) in the case of any building or land parcels for the erection of which planning permission was required, a certification by the Professional Architect or by the Professional Engineer referred to in subparagraph (d)(i) that the building was constructed in accordance with the plans and specifications by reference to which that permission was given, and the plans and specifications stating the date on which such permission was given and the reference number, if any;

(f) a certified copy of the provisional strata title;

(g) a certified copy of the document that certifies the super structure stage, as the case may be;

(h) a certified copy of the schedule of parcels and amended schedule of parcels, as the case may be; and

(i) a certified copy of the certificate of completion and compliance or certificate of fitness for occupancy, as the case may be.

(2) For the purpose of subdivision under subsection 6(1A), the proposed strata plan shall comprise a location plan and a delineation plan, and in the case of subdivision of land with shared basement, includes a storey plan showing the proposed accessory parcels and common property.

(3) Every location plan shall--

(a) specify the lot number, the title number of the land comprised therein and the area thereof;

(b) delineate the boundaries and boundary marks of the lot and the position of all buildings thereon, showing which of these buildings are to be subdivided and in the case of an application for subdivision of land into land parcels, delineate the boundaries and boundary marks of the lot and the parcels showing the position of all the buildings thereon;

(c) in the case of subdivision of building, and subdivision of land into land parcels with shared basement, include a vertical section of each such building or the shared basement as the case may be showing--

(i) the floor and ceiling of each storey; and

(ii) the height of each storey; and

(d) contain such other details as may be determined by the Director of Survey.

(4) Every storey plan shall--

(a) specify the lot number and the title number of the land comprised therein, and the building and numbered storey thereof to which the plan relates;

(b) delineate, subject to the provisions of paragraphs (7)(a) and (b), each proposed parcel and define the boundaries thereof by reference to floors and walls showing the horizontal dimensions, without it being necessary to show the bearing;

(c) indicate in respect of each such parcel the number by which it is described in the proposed strata plan;

(d) specify the floor area of each parcel;

(e) distinguish such parts as are not to be included in any of the parcels but are to become part of the common property; and

(f) contain such other details as may be determined by the Director of Survey.

(5) Every delineation plan shall--

(a) specify the lot number and the title number of the land comprised therein, and the land parcel to which the plan relates;

(b) delineate each proposed land parcel by reference to the lot boundary showing the bearing and distance of each boundary;

(c) indicate in respect of each such land parcel the number by which it is described in the proposed strata plan;

(d) specify the area of each land parcel;

(e) distinguish such parts as are not to be included in any of the land parcels but are to become part of the common property; and

(f) contain such other details as may be determined by the Director of Survey.

(6) Every proposed strata plan shall--

(a) show a legend of--

(i) all parcels;

(ii) all common property; and

(iii) all accessory parcels, and specify therein the parcels they are made appurtenant to, irrespective of whether the accessory parcels are contiguous to those specified parcels; and

(b) contain such other particulars as may be determined by the Director of Survey.

(7) Where an accessory parcel--

(a) consists of a building or parts thereof and is bounded by external walls, floors and ceilings, the dimensions and boundaries of such accessory parcel shall be shown in the proposed strata plan in accordance with the requirements of subsections (3), (4) and (5);

(b) does not consist of a building or parts thereof--

(i) the external boundaries of the accessory parcel shall be ascertained from the building plans approved by the planning authority, and the accessory parcel shall be up to a reasonable height or to the extent of any projection above or encroachment below ground level by another part of the lot; and

(ii) the proposed strata plan shall show a diagram of the accessory parcel with similar dimensions as those shown on the approved plans mentioned in subparagraph (i).

(8) The Director of Survey shall thereupon check the location plan, storey plans and delineation plans, whichever is applicable, carry out or cause to be carried out such survey of the land, any of the buildings thereon or any of the parcels, and shall--

(a) issue a certificate of the proposed strata plan to the applicant if he is satisfied that the plans are in order;

(b) issue a copy of that certificate to the Land Administrator for the purpose of section 20B; and

(c) notify the Land Administrator of the amount of fees to be collected in respect of the plans caused to be prepared in the event of the approval of the application.

(9) For the purpose of subdivision under subsection 6(1A), the proposed strata plan shall comprise a location plan and a delineation plan, and in the case of a shared basement, includes a storey plan showing the proposed parcels and common property.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/20B.Application for subdivision of building, etc.

Part IV PROVISIONAL BLOCK: ISSUANCE OF STRATA TITLES

20B. Application for subdivision of building, etc.

(1) The proprietor of provisional strata title shall make an application for approval to the Director within one month from the issuance of the certificate of proposed strata plan using Form 5 to the Land Administrator and shall be accompanied by--

(a) such fees as may be prescribed;

(b) such fees as so notified by the Director of Survey under paragraph 20A(8)(c);

(c) a certificate of the proposed strata plan;

(d) the issue document of provisional strata title;

(e) a certified copy of the certificate of completion and compliance or certificate of fitness for occupancy, as the case may be, except in the case under paragraph 20(2)(a); and

(f) a certified copy of the schedule of parcels or amended schedule of parcels, as the case may be, except in the case under paragraphs 20(2)(b) and (d).

(2) Upon receipt of an application under subsection (1), the Land Administrator shall endorse or cause to be endorsed, a note of the making thereof on the register document of provisional strata title.

(3) The Land Administrator shall thereupon if he is satisfied that the application and other documents presented therewith are in order, transmit them to the Director together with his recommendation for approval or rejection.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/21.Power of Director of Lands and Mines in relation to application

21. Power of Director of Lands and Mines in relation to application

(1) On receiving an application made under section 20B, the Director shall--

(a) approve the subdivision if it appears to him that the conditions specified in section 10 are satisfied; or

(b) in any other case, reject the application.

(2) Where he has approved an application for subdivision of building or land, the Director shall--

(a) request the Director of Survey to prepare or cause to be prepared a certified strata plan; and

(b) notify the Land Administrator of the approval and direct him to collect from the proprietor, fees as notified by the Director of Survey under paragraph 20A(8)(c) and fees for the preparation and registration of strata titles as may be prescribed under any written law.

(3) Where he has rejected an application for subdivision of building or land, the Director shall--

(a) notify the Land Administrator who shall forthwith inform the proprietor and shall cancel or cause to be cancelled the note thereof endorsed on the register document of provisional strata title under subsection 20B(2); and

(b) refund all fees for the preparation and registration of strata titles.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/22.Action by Director of Survey after approval

22. Action by Director of Survey after approval

Upon receipt of the application and the accompanying documents from the Director and upon being informed by the Land Administrator that the survey fees referred to in paragraph 21(2)(b) have been duly paid, the Director of Survey shall take such action as specified in section 13 in respect of--

(a) the preparation of a new certified strata plan incorporating the changes made to the original certified strata plan by the storey plan referred to in paragraph 20A(1)(d) , for filing in his office in place of the original certified strata plan; and

(b) the preparation of a copy of the new certified strata plan for retention by the Registrar and additional copies thereof for attaching to the issue documents of title of the new parcels,

and shall transmit them to the Director the copies so prepared, together with the application and other accompanying documents.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/22A.Failure to apply under section 20

22A. Failure to apply under section 20

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/22B.Failure to pay amount demanded

22B. Failure to pay amount demanded

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/23.Modification of strata register, issue of fresh documents of title and cancellation of provisional document of title

23. Modification of strata register, issue of fresh documents of title and cancellation of provisional document of title

(1) Upon receiving from the Director of Survey the copies of the new certified strata plan and the other accompanying documents and upon being informed by the Land Administrator that the fees for preparation and registration of strata titles have been paid, the Director shall direct the Registrar to take action as specified in subsection (2).

(2) On being directed by the Director, the Registrar shall--

(a) replace the copy of the original certified strata plan in the relevant book of the strata register with the copy of the new certified strata plan prepared for his retention;

(b) amend the schedule of share units of the parcels and make such other alterations in the relevant book of the strata register as are necessary to take account of the changes as a result of the completion of the building;

(c) prepare, register and issue in accordance with the provisions of section 16, strata titles in respect of the new parcels;

(d)endorse on the register document of title in respect of the former provisional block a statement to the effect that strata titles (specifying the title numbers thereof) have been issued to the new parcels in the completed building; and

(e) destroy the issue document of provisional strata title.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/24.Interpretation

Part V SUBDIVIDED BUILDINGS: DIVISION AND AMALGAMATION OF PARCELS

24. Interpretation

In this Part, unless the context otherwise requires, the words--

"affected",

in relation to a parcel, means affected or intended to be affected by a division or amalgamation;

"amalgamation"

means an amalgamation of parcels;

"application"

means an application to divide or amalgamate parcels;

"division"

means a division of a parcel;

"new",

in relation to a parcel, means resulting or intended to result from a division or amalgamation.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/25.Power to divide and amalgamate parcels

25. Power to divide and amalgamate parcels

(1) A parcel proprietor may, with the approval of the Director--

(a) divide his parcel into two or more new parcels, each to be held by him under a separate strata title; or

(b) where he holds two or more contiguous parcels, amalgamate them to form one parcel to be held by him under a single strata title.

(2) For the purposes of paragraph (1)(b) any two or more parcels shall be taken to be contiguous if each of them shares at least one boundary, including a boundary which consists of a floor or ceiling, with another of them.

(3) Where the division of a parcel or the amalgamation of two or more parcels results in the creation of any additional or new common property, the proprietor shall obtain the written consent of the management corporation and the approval from the relevant authorities before making the application under section 28 for the approval of the Director.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/26.Effect of division or amalgamation

26. Effect of division or amalgamation

(1) On a division, the number of share units of each parcel shall be a whole number allotted by the proprietor of the divided parcel as approved by the Director:

Provided that the total number of share units of all the new parcels shall be equal to the number of share units of the divided parcel.

(2) On an amalgamation, the number of share units of the new parcel shall be a number equal to the total number of share units of the amalgamated parcels.

(3) Subject to subsections (1) and (2), the Strata Management Act 2013 shall apply in relation to a new parcel in a subdivided building or land as if the new parcel were one of the parcels which came into existence when the building or land was subdivided.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/27.Conditions for approval of division or amalgamation

27. Conditions for approval of division or amalgamation

The Director shall not approve a division or amalgamation unless the following conditions are satisfied:

(a) that the proposed division or amalgamation would not contravene any restriction in interest to which any of the affected parcels is subject;

(b) that the proposed division or amalgamation would not be contrary to the provisions of any written law for the time being in force, and that any requirements imposed with respect to the division or amalgamation by or under any such law have been complied with;

(c) that no item of land revenue is outstanding in respect of any affected parcel;

(d) that consent in writing to the making of the application has been obtained from every person who at the time when the approval was applied for, was entitled to the benefit of--

(i) a charge of an affected parcel;

(ii) a lease of an affected parcel or any part thereof, other than, in the case of a division, a part corresponding precisely with or included within one of the new parcels;

(iii) a charge of such a lease; or

(iv) a lien over an affected parcel or such a lease;

(da) that, where the division or amalgamation results in the creation of additional common property or new common property, the written consent of the management corporation and the approval from the relevant authorities to the making of the application has been obtained;

(e) that where an amalgamation is proposed, each new parcel will have adequate internal means of communication not passing through common property;

(f) that, where a division is proposed, each new parcel will have adequate means of access not passing through another parcel; and

(g) that the proposed share units assigned to the new parcels by the proprietor in his application in Form 6 are equitable.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/28.Application for approval

28. Application for approval

(1) Any application for the approval of the Director to a division or an amalgamation shall be made in writing in Form 6 or 7, as the case may be, to the Land Administrator and shall be accompanied by--

(a) such fee as may be prescribed;

(b) a plan in triplicate, duly certified by a land surveyor and showing all the details of the division or amalgamation;

(c) a statement from the applicant of the number of share units of the new parcel or parcels;

(d) all such written consents to the making of the application as are required under paragraph 27(d);

(da) the written consent of the management corporation and the approval from the relevant authorities to the making of the application as required under paragraph 27(da); and

(e) the issue documents of title of the affected parcel or parcels.

(2) Upon receiving any application, the Land Administrator shall--

(a) endorse or cause to be endorsed a note of the making of the application on the register document of title to each affected parcel; and

(b) refer the application to the Director of Survey and transmit to him a copy of the plan submitted under subsection (1).

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/29.Action by Director of Survey

29. Action by Director of Survey

The Director of Survey shall, upon receiving a copy of the plan transmitted by the Land Administrator, check the said plan and carry out or cause to be carried out such survey of the affected parcel or parcels as he may consider desirable and advise the Land Administrator as to whether the plans are in order and notify him of the amount of fees to be collected upon approval in respect of such survey and for the preparation of plans.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/30.Land Administrator to transmit application to Director of Lands and Mines

30. Land Administrator to transmit application to Director of Lands and Mines

Upon receiving the advice of the Director of Survey, the Land Administrator shall transmit to the Director, the application and its accompanying documents together with his recommendations.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/31.Power of Director of Lands and Mines in relation to application for division or amalgamation

31. Power of Director of Lands and Mines in relation to application for division or amalgamation

(1) The Director, upon receiving the application and its accompanying documents from the Land Administrator, shall-

(a) approve the division or amalgamation to which the plan relates if it appears to him that the conditions specified in section 27 are satisfied; and

(b) in any other case, reject the application.

(2) Where the Director has rejected an application, he shall notify the Land Administrator who shall forthwith inform the proprietor and shall cancel or cause to be cancelled the note thereof endorsed on the register document of title under paragraph 28(2)(a).

(3) Where the Director has approved a division or an amalgamation, he shall--

(a) transmit to the Director of Survey the application and other accompanying documents; and

(b) notify the Land Administrator of the approval and direct him to collect from the proprietor, fees as notified by the Director of Survey under section 29, and fees for the preparation and registration of strata titles.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/32.Preparation of new certified strata plan by Director of Survey

32. Preparation of new certified strata plan by Director of Survey

The Director of Survey shall, upon receiving the approved application and other accompanying documents, and upon being informed by the Land Administrator that the amount demanded in respect of his fees has been duly paid, take such action as specified in section 13 in respect of-

(a) preparation of a new certified strata plan incorporating the changes made by the division or amalgamation, for filing in his office in place of the original certified strata plan; and

(b) preparation of a copy of the new certified strata plan for retention by the Registrar and additional copies thereof for attaching to the issue documents of title, and shall transmit to the Director, the copies so prepared, together with the application and other accompanying documents.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/33.Modification of strata register and issue of fresh documents of title

33. Modification of strata register and issue of fresh documents of title

(1) Upon receiving from the Director of Survey the copies of the new certified strata plan and other accompanying documents, and upon being informed by the Land Administrator that the fees in respect of the preparation and registration of strata title to the new parcel or parcels have been duly paid, the Director shall direct the Registrar to take action as specified in subsection (2).

(2) On being directed by the Director, the Registrar shall--

(a) replace the copy of the original certified strata plan in the relevant book of the strata register with the copy of the new certified strata plan prepared for his retention;

(b) amend the schedule of share units of the parcels and make such other alterations in the relevant book of the strata register as are necessary to take account of the changes made by the division or amalgamation; and

(c) issue title in continuation to the new parcel or parcels as if he were issuing title in continuation to land subdivided or amalgamated under Chapter 1 or 3 of Part Nine of the National Land Code.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/33A.Effect of registration in respect of common property created upon division or amalgamation

33A. Effect of registration in respect of common property created upon division or amalgamation

Upon the registration of the strata title or titles to the new parcel or parcels upon the division or amalgamation, the parts of any parcel which are created as common property shall be deemed to form part of the common property in relation to all the parcels comprised within the subdivided building.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/34.Rights of proprietor in his parcel and common property

Part VI RIGHTS AND OBLIGATIONS ATTACHING TO INDIVIDUAL PARCELS AND PROVISIONAL BLOCKS

34. Rights of proprietor in his parcel and common property

(1) Subject to this section and other provisions of this Act, a proprietor shall have--

(a) in relation to his parcel (in the case of a parcel proprietor), the powers conferred by the National Land Code on a proprietor in relation to his land; and

(b) in relation to the common property, the right of user which he would have if he and the other proprietors were co-proprietors thereof.

(2) No rights in an accessory parcel shall be dealt with or disposed of independently of the parcel to which such accessory parcel has been made appurtenant.

(3) No rights in the common property shall be disposed of by a proprietor except as rights appurtenant to a parcel; and any disposition of a parcel by a proprietor shall without express reference include a like disposition of the rights in the common property which are appurtenant to the parcel.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/35.Rights of support, service and shelter

35. Rights of support, service and shelter

(1) In favour of and against each parcel proprietor there shall be implied a right of support and a right of service.

(2) Each parcel proprietor shall be entitled to have his parcel sheltered by all such parts of the subdivided building as are capable of affording shelter and may, for the purpose of replacing, renewing or restoring any such shelter, enter upon the common property or any other parcel.

(3) The rights and obligations mentioned in subsections(1) and (2) shall be effective without memorial or notification in the strata register, and there shall be implied in respect of them such ancillary rights and obligations as are reasonably necessary to make them effective.

(4) In this section--

"right of support"

means a right to subjacent and lateral support by the common property and by every other parcel capable of affording support;

"right of service"

means rights to the passage or provision of water, sewage, drainage, gas, electricity, garbage, artificially cooled or heated air and other services (including telephone, radio and television services) through or by means of pipes, wires, cables or ducts.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/36.Share unit entitlements

36. Share unit entitlements

The value of each parcel, except in the case of an accessory parcel where no share value shall be allotted, shown in the schedule of share units shall be taken as the share unit entitlement, and in the case of a provisional block the value shall be taken as the provisional share unit entitlement. The share units of a parcel or the provisional share units in the case of a provisional block as specified in the strata title or in the provisional strata title, as the case may be, shall determine--

(a) the voting rights of the proprietors; and

(b) (deleted by Act A1450)

(c) the proportion payable by each proprietor of the contribution levied by the management corporation according to the Strata Management Act 2013.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/37.Restrictions on voting rights

37. Restrictions on voting rights

Where a proprietor is for any reason unable to control his property, the powers of voting conferred on him by the Strata Management Act 2013 shall be exercisable by the person who is for the time being authorized by law to control that property.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/38.Power of court where no person is able to vote in respect of a parcel

38. Power of court where no person is able to vote in respect of a parcel

Where a court of competent jurisdiction on the application of the management corporation or a proprietor, is satisfied that there is no person who is able to vote in respect of a parcel, the court--

(a) shall, in cases where a unanimous resolution is required; and

(b) may, in any other case, appoint a Public Trustee or some other fit and proper person to exercise such of the powers of voting attached to the parcel by the Strata Title Management Act 2013, as the court may determine.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/39.Establishment of management corporation

Part VII MANAGEMENT OF A SUBDIVIDED BUILDING

39. Establishment of management corporation

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/40.Restrictions and responsibilities imposed on management corporation during initial period

40. Restrictions and responsibilities imposed on management corporation during initial period

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/40A.Transfer of ownership of strata titles

40A. Transfer of ownership of strata titles

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/41.Duty of original proprietor to convene first annual general meeting

41. Duty of original proprietor to convene first annual general meeting

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/41A.Determination of contributions payable during initial period

41A. Determination of contributions payable during initial period

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/42.Ownership of common property and custody of issue document of title

42. Ownership of common property and custody of issue document of title

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/43.Duties and powers of management corporation

43. Duties and powers of management corporation

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/44.By-laws for the regulation of a subdivided building or land

44. By-laws for the regulation of a subdivided building or land

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/45.Management fund

45. Management fund

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/46.Special account

46. Special account

(Deleted by Act 1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/47.Acquisition of additional land, grant and acceptance of easements, etc.

47. Acquisition of additional land, grant and acceptance of easements, etc.

(Deleted by Act 1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/48.Omitted or Deleted Section

48. Omitted or Deleted Section

(Deleted by Act A753).

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/49.Rating

49. Rating

(Deleted by Act 1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/50.Director may appoint managing agent to exercise or perform certain powers, etc.

50. Director may appoint managing agent to exercise or perform certain powers, etc.

(Deleted by Act 1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/51.Appointment of administrator for management corporation

51. Appointment of administrator for management corporation

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/52.The recovery of sum as debt due to management corporation

52. The recovery of sum as debt due to management corporation

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/53.Recovery of sums due

53. Recovery of sums due

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/53A.Recovery of sums by attachment of movable property

53A. Recovery of sums by attachment of movable property

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/54.Service of documents

54. Service of documents

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/55.Breaches of provisions of this Part

55. Breaches of provisions of this Part

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/55A.Failure to pay contributions

55A. Failure to pay contributions

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/56.Power of court when subdivided building is damaged

Part VIII TERMINATION OF SUBDIVISION OF SUBDIVIDED BUILDING

56. Power of court when subdivided building is damaged

(1) When a subdivided building is damaged but is not totally destroyed, a court of competent jurisdiction on the application of the management corporation, a parcel proprietor, or a registered chargee of any parcel, may by order, settle a scheme for the reinstatement or the continued use of the building in whole or in part and any such scheme may include provision for the transfer of the interests of the proprietors of parcels which have been wholly or partially destroyed to the other parcel proprietors in proportion to their share units.

(2) In the exercise of its powers under subsection (1), the court may make such orders as it deems necessary or expedient for giving effect to the scheme, including orders--

(a) directing the application of insurance moneys received by the management corporation in respect of damage to the building;

(b) directing payment of money by the management corporation or by the parcel proprietors or some or one or more of them;

(c) directing such amendment or replacement of the certified strata plan and such consequential amendment or replacement of the strata register as the court thinks fit; and

(d) imposing such terms and conditions as the court thinks fit.

(3) Where an application is made under subsection (1), any insurer who has effected insurance on the building to which the application relates (or on any part thereof) shall have the right to appear on the hearing of the application.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/57.Termination of subdivision

57. Termination of subdivision

(1) The management corporation, where--

(a) the building is totally destroyed; or

(b) the parcel proprietors seek to demolish the building or, in the case of a building which has been partially destroyed, the remaining parts of the building; or

(c) there is only one proprietor for all the parcels, may be directed by unanimous resolution to take action to terminate the subdivision of the building; and, subject to any order of a court of competent jurisdiction made under subsection (7), the management corporation if so directed shall lodge with the Registrar a notification in Form 8 together with the issue documents of title of the land and the parcels and of provisional blocks, if any.

(2) On receipt of a notification under subsection (1) the Registrar shall make a memorial of the notification in the register and the strata register, and shall inform the Director of Survey that he has done so.

(3) On the making of a memorial under subsection (2) in respect of a subdivided building--

(a) the subdivision shall be terminated and the proprietors shall cease to be proprietors of the parcels and provisional blocks; and

(b) the management corporation shall become the proprietor of the lot as the trustee of the former proprietors.

(4) Where the management corporation becomes the proprietor of the lot under subsection (3)-

(a) any registered charge on a parcel which existed immediately before the termination of the subdivision shall be converted into a personal obligation of the chargor to pay to the chargee what is due under the charge;

(b) each of the former proprietors shall continue to be a member of the corporation, having the same voting rights as he had immediately before the termination of the subdivision;

(c) the management corporation shall hold and manage the lot for the benefit of the former proprietors;

(d) the former proprietors may by unanimous resolution direct the management corporation to transfer the lot to any one or more of the former proprietors or to any other person or body; and

(e) the management corporation shall distribute any profits arising from its proprietorship of the lot, including any purchase money received on a transfer, to the former proprietors proportionately based on the open market capital values of the parcels immediately before the termination of the subdivision ascertained in a valuation report prepared and certified by a registered valuer under the Valuers, Appraisers and Estate Agents Act 1981 [Act 242].

(5) Notwithstanding the termination of a subdivision under this section, the relevant book of the strata register shall continue in existence while the management corporation remains the proprietor of the lot and may be used in evidence as a record of matters relating to the subdivision before its termination.

(6) Where the management corporation, having become the proprietor of the lot under subsection (3), transfers the lot in pursuance of a direction under paragraph (4)(d)--

(a) the management corporation shall continue in existence for so long as it is reasonably necessary to wind up its affairs and shall then cease to exist; and

(b) the Registrar shall cancel the relevant book of the strata register.

(7) A court of competent jurisdiction, if it is satisfied that the justice of the case so requires--

(a) may on the application of the management corporation, a parcel proprietor or the registered chargee of a parcel make an order--

(i) directing the management corporation to take action under subsection (1) notwithstanding the absence of a unanimous resolution; or

(ii) prohibiting the management corporation from taking action under that subsection notwithstanding a direction given by unanimous resolution; and

(b) where the management corporation has transferred the lot in pursuance of a direction under paragraph (4)(d), may on the application of the management corporation, a former proprietor or a former chargee make an order for the winding up of the affairs of the management corporation.

(8) In this section--

"former chargee"

means a person who, or a body which, immediately before the subdivision of a subdivided building is terminated under this section, is the registered chargee of a parcel in the building;

"former proprietor"

means a person who, or a body which, immediately before the subdivision of a subdivided building is terminated under this section, is the proprietor of a parcel in the building or of a provisional block on the land on which the building is situated.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/58 - 67.Omitted or Deleted Section

Part IX (Deleted by Act A1290)

58 - 67. Omitted or Deleted Section

(Deleted by Act A1290).

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67A.Strata Titles Board

Part IXA STRATA TITLES BOARD

67A. Strata Titles Board

(1) There shall be established a Strata Titles Board to hear and determine any disputes under this Act upon an application being made by a proprietor or management corporation or any other person or body having a registered interest in a parcel.

(2) Where, pursuant to an application under subsection (1) for an order which is not included under this Part, the Board may make such order as it deems just and expedient.

(3) The Board shall consist of a President and such number of Deputy Presidents and other members who shall be appointed by the Minister and the Minister may consult any relevant State Authority before making such appointment.

(4) Not more than twenty persons shall be appointed by the Minister to be members of the Board in addition to the President and Deputy Presidents of the Board.

(5) The names of the President, Deputy Presidents and members appointed under this section shall be notified in the Gazette.

(6) Except where otherwise provided by this Act, the Board shall, for the purpose of hearing and determining a dispute of which the Board has cognizance or any other matter with respect to which the Board has jurisdiction under this Act, be constituted by a division of the Board consisting of--

(a) the President or a Deputy President of the Board as chairman; and

(b) two other persons to be selected by the chairman from amongst the members of the Board appointed under subsection (4).

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67A.Strata Titles Board

Part IXA STRATA TITLES BOARD

67A. Strata Titles Board

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67B.Tenure of office

67B. Tenure of office

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67C.Continuation of hearing

67C. Continuation of hearing

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67D.Bar to actions

67D. Bar to actions

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67E.Allowances

67E. Allowances

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67F.Board to carry out its work expeditiously

67F. Board to carry out its work expeditiously

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67G.Proceedings of Board

67G. Proceedings of Board

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67H.Order revoking amendment of by-law

67H. Order revoking amendment of by-law

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67I.Order invalidating purported by-law

67I. Order invalidating purported by-law

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67J.Power of Board to invalidate proceedings

67J. Power of Board to invalidate proceedings

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67K.Order varying certain rates of interest

67K. Order varying certain rates of interest

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67L.Order where voting rights denied or due notice of item of business not given

67L. Order where voting rights denied or due notice of item of business not given

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67M.Order varying amount of insurance to be provided

67M. Order varying amount of insurance to be provided

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67N.Board may settle disputes on costs of repairs, etc.

67N. Board may settle disputes on costs of repairs, etc.

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67O.Order to make or pursue insurance claim

67O. Order to make or pursue insurance claim

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67P.Order to supply information or documents

67P. Order to supply information or documents

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67Q.Order with respect to certain consents affecting common property

67Q. Order with respect to certain consents affecting common property

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67R.General provisions relating to orders under this Part

67R. General provisions relating to orders under this Part

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67S.Representation before the Board

67S. Representation before the Board

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67T.Witness may be summoned before Board

67T. Witness may be summoned before Board

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67U.Board may administer oath or affirmation

67U. Board may administer oath or affirmation

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67V.Penalty for contravention of certain orders

67V. Penalty for contravention of certain orders

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67W.Time when order takes effect

67W. Time when order takes effect

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/67X.Appeal to High Court on point of law

67X. Appeal to High Court on point of law

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/68.Omitted or Deleted Section

Part X MISCELLANEOUS

68. Omitted or Deleted Section

(Deleted by Act A753).

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/69.No dealing in accessory parcel independent of a parcel

69. No dealing in accessory parcel independent of a parcel

No accessory parcel or any share or interests therein shall be dealt with independently of the parcel to which such accessory parcel has been made appurtenant as shown on the approved strata plan.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/70.No dealing in provisional block

70. No dealing in provisional block

(1) No provisional block or any share or interests therein shall be dealt with.

(2) Where any dealing of a provisional block has been registered, such registration shall not pass any title or interest in the said provisional block, and the Registrar shall, upon discovery of the registration, cancel the registration and no person or body affected by such cancellation shall be entitled to any compensation.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/71.Omitted or Deleted Section

71. Omitted or Deleted Section

(Deleted by Act A753).

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/72.Omitted or Deleted Section

72. Omitted or Deleted Section

(Deleted by Act A753).

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/73.Other rights and remedies not affected by this Act

73. Other rights and remedies not affected by this Act

Nothing in this Act shall affect any other rights or remedies which a proprietor or chargee of a parcel or a management corporation may have, in relation to any parcel or the common property, conferred by any other written law.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/74.Jurisdiction of the Magistrate's Court

74. Jurisdiction of the Magistrate's Court

Any offence under this Act may be tried by a Magistrate's Court and such Magistrate's Court shall, notwithstanding the provisions of the Subordinate Courts Act 1948 [Act 92] or any other written law, have power to impose the maximum penalty provided for by this Act.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/75.Legal proceedings

75. Legal proceedings

(1) Every application to the court under this Act shall be by summons in Chambers.

(2) Where there is provision for a sum to be recoverable by any person or any authority from any other person or authority the sum shall be recoverable by an action for debt in any court of competent jurisdiction.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/76.Management corporation as representative of proprietors in legal proceedings

76. Management corporation as representative of proprietors in legal proceedings

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/77.Power of management corporation to take proceedings as agent for proprietors in case of defects to parcels

77. Power of management corporation to take proceedings as agent for proprietors in case of defects to parcels

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/78.Costs in proceedings by proprietors against management corporation

78. Costs in proceedings by proprietors against management corporation

(Deleted by Act A1450)

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/79.Limitation Ordinance not to extend to common property.

79. Limitation Ordinance not to extend to common property.

No action shall be brought by any person claiming title by adverse possession to the common property of a lot or to any accessory parcel or any part thereof created under this Act, and the provisions of the Limitation Ordinance [Sabah Cap 72] relating to adverse possession shall not extend to such common property and accessory parcel

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/80.Power of entry by public or local authority

80. Power of entry by public or local authority

A public or local authority which is authorized by any written law to enter upon part of a lot for the purposes of exercising any power conferred on it, may enter upon any other part of that lot if it is necessary to do so in order to exercise that power.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/80A.Prosecution

80A. Prosecution

No prosecution shall be instituted for an offence under this Act or any rules made under this Act without the consent in writing of the Public Prosecutor.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/81.Power of State Authority to make rules

81. Power of State Authority to make rules

(1) The State Authority may, by notification in the Gazette, make rules not inconsistent with this Act, and in particular but without limiting the generality of the foregoing power, in respect of all or any of the following matters:

(a) the fees to be paid for any procedures or functions required or permitted to be done under this Act and the remission of such fees;

(b) the types of buildings, or the circumstances in which buildings are, to be classified as low-cost buildings;

(c) the types of buildings, or the circumstances in which buildings are, to be classified as special buildings;

(d) the formula for the proposed share units; and

(e) any matter which by this Act is required or permitted to be prescribed or is necessary or convenient to be prescribed for carrying out or giving effect to any provisions of this Act.

(2) Rules made under subsection (1) may provide for matters which differ in their application according to such factors as are specified in the rules.

(3) Rules made under subsection (1) may prescribe a penalty for any breach or contravention thereof of a fine not exceeding one thousand ringgit.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/82.Transitional provisions

82. Transitional provisions

(1) The State Authority may, for the purposes of applying the provisions of this Act to subdivided buildings, subsidiary titles, parcels, common property, management corporations and councils which were in existence prior to the commencement of this Act, with or without modifications, additions or exclusions to or in respect of any such subdivided buildings, subsidiary titles, parcels, common property, management corporations or councils and for purposes incidental thereto, make rules providing for such modifications, additions or exclusions and such transitional, consequential or saving provisions as the State Authority may deem to be necessary or expedient.

(2) Until rules are made under subsection (1), nothing contained in this Act shall apply to any subdivision of a building effected, or to any subsidiary title issued, or to any parcel, common property, management corporation or council in existence, prior to the commencement of this Act, and the provisions of the National Land Code shall continue to apply thereto in the same manner as before the commencement of this Act.

(3) Nothing contained in the Fourth Schedule shall affect the provisions of the National Land Code in their application to any subdivision of a building effected, or to any subsidiary title issued, or to any parcel, common property, management corporation or council in existence, prior to the commencement of this Act.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/83.Repeal and amendment of provisions of the National Land Code

83. Repeal and amendment of provisions of the National Land Code

(1) The provisions of the National Land Code as shown in Part I of the Fourth Schedule are repealed.

(2) The provisions of the National Land Code as shown in the first column of Part II of the Fourth Schedule are amended in the manner set out in the second column thereof.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/84.Amendment of Forms

84. Amendment of Forms

The Minister may, with the approval of the National Land Council, by order notified in the Gazette of the Federation, amend or substitute any of the Forms in the First Schedule.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318,,/85.Transitional provision with respect to rules, orders, etc.

85. Transitional provision with respect to rules, orders, etc.

Any rule, order, regulation, direction, notice or notification made, given or issued before the commencement of this Act under the provisions of the National Land Code repealed by subsection 83(1) shall, if it could have been made, given or issued under any corresponding provisions of this Act, continue in force, and have the like effect, as if it had been so made, given or, as the case may be, issued.

Unannotated Statutes of Malaysia - Principal Acts/STRATA TITLES ACT 1985 Act 318/STRATA TITLES ACT 1985 ACT 318/First Schedule