Laws

Acts Relating to Land

· Strata Title Act 1985

· Temporary Occupation Licence

· Application Process for Disposal of Land by Alienation for Land Administrator

· Registration Process of Final Title

· Application Process for Variation of Conditions

· Application Process for Subdivision

· Application Process for Partition

· Application Process for Amalgamation

· Application Process for Surrender and Re-Alienation

· Registration Process for Transfer

· Registration Process for Charge to Secure Principal Sum

· Registration Process for Order for Sale by Court

· Registration Process for Order for Sale by Land Administrator

· Other references on laws relating to land

Strata Title Acts 1985

10. 10. Application for the approval of the DLM/LC to subdivide a building must be made in Form 1 STA to District Land Administrator. This is specified in section 10 (1) STA

: Application must be accompanied by;

• (A) Fee as prescribed in the in the rules under section 81 STA (Section 10(1)(i) STA)The fees prescribed by State Authority for States of Peninsular Malaysia and gazetted as rules for respective state.
• : (B) Three copies of Building Plans approved by the planning authority (see section 10(1)(aa) STA). If the approved plan and specifications by the planning authority is not available, and as such certification by an architect or professional engineer as required under section 9(1)(b)(i) cannot be submitted, the application must be accompanied by:
  • i. building plan certified by an architect (an architect registered under Architects Act 1967-see section 10(6A)(a) STA that the plan as having been drawn according to the actual features of the building and as truly representing those features, AND
  • ii. in addition, the certificate of a duly authorised officer of the appropriate local planning authority that the building as represented by the plans 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.

The planning authority mentioned in subsection (b)(ii) (please see section 10(1)(aa) STA is the respective local authority. If the land is situated within a Town Council/ Municipal Hall, then the planning authority is the respective Town Council/Municipal Hall.Likewise, if the land is situated within a District Council, then the planning authority is the respective District Council.The local planning authority mentioned under section 10(6A)(b) STA is the local planning authority as defined under section 2(1) Town and Country Planning Act, 1967 (Act 172) (Town and country Planning Act, 1967). According to that section, local planning authority in relation to an area, shall be construed

as provided in section 5 Act 172) and, in relation to any land or building means,

     “………..in which the land or building is situated;

• The local planning authority, as so construed, for the area in which the land or building is situated. “

Whereas section 5(1) Town and Country Planning Act, 1967 says that every local authority shall be the local planning authority for the area of the local authority. Therefore, the real local planning authority is any of these:

1. Town Council
2. Municipal Council
3. Municipal
4. District council
5. City Hall
6. Town board
7. Local Council
8. Rural Board, or
9. Any other authority under written law,

Within the area where the building is been constructed.For Kuala Lumpur Federal Territory, the planning law in force is Federal Terrirory (Planning) Act 1982 (Act 267). The local planning authority for the territory is the Commissioner of the City of Kuala Lumpur appointed under Federal Capital Act 1960.

• (C) Three (3) copies of Strata Plan which comprise-

• i. location plan.
• ii. storey plan for every storey in every building.

Location plan and storey plan containing such details as are specified in sections10 (2) and section 10 (3) respectively and  certified by a land surveyor as follows: contained the particulars as mentioned in section 10(2) and section 10(3) and must be certified by a land surveyor as follows:

             i. that the land surveyor has made a comparison to the plan-

• a) to the original plans of the building prepared by the architect or professional engineer responsible for its construction, or
• b) for cases under section 10(6A), to the plan of the building mentioned under section 10(6A)(a).
• c) amendments, if any, to the building plan in the above paragraph, any amendment that has been approved.

1991. 
      ii. In relation to Storey Plan, that the boundaries of the parcels shown on the plan follow features of permanent construction appearing in the building.According to DGLM, the method of numbering based on Circular Director General of Survey and Mapping No 2/1991. The methods are as follows:

• a) Every building must be assigned with serial number beginning with alphabet ‘M’, that is M1,M2 …
• b) Every provisional block must be assigned with serial number beginning with alphabet ‘P’, that is P1,P2 …..
• c) Every storey above ground level of the building must be assigned with serial number (for every building) beginning with the ground level storey as the first storey, that is T1,T2, and……
• d) Every storey below ground level (that is underground) must be assigned with serial number (in a building) beginning with alphabet ‘B’, starting from the storey from the first storey downward.
• e).. Every mezzanine storey must be assigned with number (that is storey number where it is located) beginning with alphabet ‘N’.
• f). To number the parcel, only one number must be used for every strata scheme. Every parcel must be assigned with a serial number systematically starting from the lowest storey (including the underground storey), in upward arrangement. The allocation of numbers must be in line with nthw building number.Parcel number cannot be used again.
• . g) For multi-storey building, every parcel must be assigned with number based on the parcel on lowest storey of the building.
• h) To number the accessory parcel, only one serial number should be used for every strata scheme. Every accessory parcel must be assigned with serial number beginning with alphabet ‘A’. The number cannot be used again. The assignment of accessory parcel number must be made arrabged as follows:
  • (i) staring with the accessory parcel located outside the building.
  • (ii) followed by all accessory parcel in the building, ……., starting from the lowest storey.
  • (iii) In the case of multi-storey accessory parcel, every accessory parcel must be assigned with a number based on the accessory parcel of the lowest storey.
• (D) Certificate by the Land Siurveyor, Registered Architect or a Professional Engineer mentioned in section 9(1)(a), and section (9)(1)(b)(i) STA, and if required, certificate by a land surveyor mentioned in section 9(2)(a) STA
• (E) In the case where the certification by land surveyor isrequired under section 9(1)(a)(ii), a permit as specified in section 9(1)(a) (thai is a permit Form 4D in section 75C NLC) issued by the District Land Administrator on behalf of the State Authority for the use of air space over state land or reserved land of every eave,awning or balcony.
• (F) Three copies of certified strata plan as required by section 10(1)(cb), if the land is held under qualified title. The plan must be certified by the Director of Survey. The newly amended provision in section 10(1)(cb) on 1 August 1996 via Act A951 came into force on 2 August 1996 was recently approved by the Dewan Rakyat on 23 April 1996.
• (G) Written consents from Person Entitled to the Benefit of: 
  • i) charges of the land
  • ii) leases of the whole or any part of the land,
  • iii. Charge on any lease, or
  • iv. Lien holder of the land or of the lease when applying for approval to subdivide the building.

• (H) Subject to the provision of section 10(7) (that is if the document of title of the land is in custody of the chargee or lien-holder), the Issue Document of Title to the land. The land proprietor must submit the document together with the application Form1.