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STRATA TITLES ACT 1985
ACT 318
(Amendment enforced from 12 April 2007)

Disclaimer: These laws are here for your convenience. Great care is exerted to assure correctness. However, the contents of this library and its maker will assume no liabilities. Persons who need to rely on the text of the Acts and Regulations for legal and other purposes may obtain the Government Printer's official printed version.

1. First Schedule: Forms

• Form 1 - Application for subdivision of building or building and land

• Form 1A - Application for subdivision of land

• Form 2 - Strata Register Index

• Form 3 - Strata Register Statement Book for the Title No

• Form 4 - Strata Title

• Form 4A - Provisional Strata Title - Dealings Prohibited

• Form 5 - Application for the issue of separate strata titles upon completion of building in respect of a provisional strata title

• Form 6 - Application for division of parcel

• Form 7 - Application for amalgamation of parcels

• Form 7A - Warrant of Attachment

• Form 7B - Notice and Inventory

• Form 8 - Notification of intended termination of subdivision of subdivided building.

2. Second Schedule - PROVISIONS FOR MANAGEMENT CORPORATION
    

3. Third Schedule - BY-LAWS FOR THE REGULATION OF SUBDIVIDED BUILDINGS
    

4. Fourth Schedule - REPEAL AND AMENDMENT OF PROVISIONS OF THE NATIONAL LAND CODE
    

5. Fifth Schedule (Section 4A) & Forms

STRATA TITLES ACT 1985
ACT 318
 

Date of Royal Assent: 22 May 1985
Date of publication in the Gazette: 30 May 1985
Date of coming into force: 1 June 1985
 

Preamble

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

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, Trengganu, the Federal Territory of Kuala Lumpur and the Federal Territory of Putrajaya;

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 Duli Yang Maha Mulia 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:

PART I - PRELIMINARY

1.  Short Title.

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

2.  Application.

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

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.

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4.  Interpretation.

In this Act, unless the context otherwise requires-

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"provisional block" means-

(b) in relation to an approved 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;

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"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;

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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 -

(a) in the case of strata titles which are dependent on Registry titles, the office of the Registrar of Titles of the State; and

(b) in the case of strata titles which are dependent on Land Office titles, the office of the Land Administrator for the District.

(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.

5.  Construction of the Act.

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

(3) Notwithstanding subsections (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.

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PART II - APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND

6.  Building or land capable of being subdivided into parcels.

(1) Any building  two or more storeys on alienated land held as one lot under final title (whether Registry or Land Office 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 to be held under a strata title or an accessory parcel.

7.  Proprietor of alienated land may apply for subdivision of a building or land.

(1) The 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.

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

(1) The proprietor of any alienated land on which there is a completed building capable of being subdivided under section 6 shall, within the period specified in subsection (2), apply in accordance with section 10 for the subdivision of the building if at any time he has sold or agreed to sell any parcel in such building to any person.

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

(i) if the sale of, or agreement to sell, any parcel of the building, or the first such sales or agreements, took place before that date, the period is six months from that date;

(ii) if the sale of, or agreement to sell, any parcel of the building, or the first of such sales or agreements, took place after that date, the period is six months from that date of the sale or agreement or the first of such sales or agreements;

(b) in the case of a building completed on a date before the commencement of this subsection-

(i) if the sale of, or agreement to sell, any parcel of the building, or the first of such sales or agreements, took place after that date, the period is six months from that date;

(ii) if the sale of, or agreement to sell, any parcel of the building, or the first of such sales or agreements, took place after that date, the period is six months from that date or six months from the date of sale or agreement or the first of such sales or agreements, whichever is the longer.

(3) In the case of any building erected on a date after the commencement of this subsection, the proprietor of any alienated land-

(a) on which there shall be completed buildings, or completed buildings and land, capable of being subdivided under subsection 6(1); or

(b) which is capable of being subdivided under subsection 6(1A), shall, within the period specified in subsection (4) and upon the issuance of certificate of completion and compliance, apply in accordance with section 10 for the subdivision of the building into parcels, the subdivision of building and land into parcels, or the subdivision of land into parcels, whichever is applicable, if at any time he has sold or agreed to sell any parcel in such building or land to any person or body.

(4) The period within which the requirement of subsection (3) shall be complied with is as follows:

(a) if the sale of, or agreement to sell, any parcel of the building took place before the building is erected, the period is six months from the date of erection;

(b) if the sale of, or agreement to sell, any parcel of the building took place after the building was erected, the period is six months from the date of the sale or agreement.

(5) For the purpose of subsection (1) or (3), an application for the approval of the Director for the subdivision of a building or land shall be treated as not being in accordance with section 10 if the application is defective by reason of any material non-compliance with any of the requirements of that section pertaining to the application.

(6) The period specified in subsection (2) or (4) may, on an application made before its expiry, be extended once by the Director for any further period not exceeding three months.

(7) Where an application is not made within the period specified in subsection (2) or (4) and in the case of subsection (6) within the period of such extension granted in respect of a building or land, the original proprietor shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit but not more than one hundred thousand ringgit and 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.

(8) For the purposes of-

(a) subsection (2), the date on which a building is completed shall be the date on which it is certified by any local authority to be fit for occupation or use, or certified in accordance with the provisions of any written law for the time being in force; and

(b) subsection (4), the date shall be the date on which the certificate of completion and compliance is issued by the relevant architect certifying that the construction of the building has been duly completed.

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9.  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 it has been certified by a land surveyor-

(ii) that, discounting any eave, awning, and any balcony not forming part of a proposed parcel, which project over a road reserve, the building or buildings are so situated;

and, in a case where the certificate is one under subparagraph (ii), that there subsists a permit or permits issued under section 75A of the National Land Code in respect of every such eave, awning and balcony;

(b) that, in the case of any building or land into parcels for the erection of which planning permission was required-

(i) it has been certified by an architect registered under the Architects Act, 1967 or by a professional engineer registered under the Registration of Engineers Act, 1967 that the building was constructed in accordance with the plans and specifications by reference to which that permission was given, stating therein the date on which such permission was given and the reference number thereof (if any); or

(ii) the case falls under subsection (6A) of section 10 and the requirements of that subsection have been satisfied;

(d) 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;

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

(f) 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-

(i) (Deleted by Act A753);

(ii) 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;

(iii) [Deleted. ACT A1290]

(iv) [Deleted. ACT A1290]

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

(h) that each of the proposed parcels has-

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

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

(i) 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;

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

(k) that, where the land is held under qualified title as specified in subsection (2) of section 7, the final title to the land has been registered;

(l) except for special building, that the building or land to be subdivided into parcels have been certified by the local authority to be fit for occupation or use or certified in accordance with the provisions of any written law for the time being in force.

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(2) In the case of an application involving a provisional block or blocks by virtue of subsection (1) of section 10A, the Director shall not approve the subdivision of any building to which the application relates unless the following additional conditions are also 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 is equitable; and

(c) that the proprietor 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, has paid to the Director in respect of each provisional block a deposit of such reasonable amount as the Director may require, and 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, certificate of completion and compliance has not been issued.

10.  Application for subdivision of building or land.

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

(a) such fee as may be prescribed;

(aa) except in a case falling under subsection (6A), the building plans approved by the planning authority, to be submitted in triplicate;

(b) a proposed strata plan comprising a location plan, storey plan and delineation plan, to be submitted in triplicate containing such details as are specified in subsection (2), (3) and (3A) respectively and certified by a land surveyor as follows:

(i) that he has made a comparison of the plans to the original plans of the building and any approved amendments thereto prepared by the architect or professional engineer responsible for its construction, or, in a case falling under subsection (6A), to the plans of the building mentioned in paragraph (a) of that subsection; and

(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;

(c) the certificates of a land surveyor referred to in paragraph 9(1)(a), and Professional Architect or Professional Engineer referred to in subparagraph 9(1)(b)(i), and where applicable, the certificate of a land surveyor referred to in paragraph 9(2)(a);

(ca) a permit or permits referred to in paragraph (a) of subsection (1) of section 9, in a case where the certificate of a land surveyor is one under subparagraph (ii) of that paragraph;

(cb) in a case where the land is held under qualified title as specified in subsection (2) of section 7, the certified plan of the land as approved by the Director of Survey, to be submitted in triplicate;

(d) 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-

(i) a charge of the land;

(ii) 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;

(iii) a charge of such a lease; or

(iv) a lien over the land or any such lease;

(1A) For the purpose of subsection 6(1A), the proposed strata plan shall comprise a location plan and a delineation plan showing the proposed parcels.

(2) Every location plan shall-

(a) specify the number of the lot, 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) except for the application for subdivision of land into land parcels, include a vertical section of each such building showing-

(ii) the height of each storey;

(e) contain such other details as may be prescribed.

(3) Every storey plan shall-

(a) specify the number of the lot 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 (a) and (b) of subsection (5), 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 Form 1;

(d) specify the approximate 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 common property;

(f) (Deleted by Act A753);

(g) contain such other details as may be prescribed.

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(3A) Every delineation plan shall -

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

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

(c) indicate in respect of each such parcel the number by which it is described in Form 1 or 1A, as the case may be;

(d) specify the 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 common property; and

(f) contain such other details as may be prescribed.

(4) Every proposed strata plan shall show a legend of-

(a) all parcels;

(b) all common property; and

(c) 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;

(d) (Deleted by Act A753).

(5) 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 (2) and (3);

(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).

(6) Every proposed strata plan shall-

(a) show the proposed share units in whole numbers of each parcel and the total share units of all the parcels; and

(b) contain such other particulars as may be prescribed by rules made under section 81.

(6A) If the plans and specifications by reference to which planning permission for the erection of the building was given are not available, so that it is not possible to give the certificate required by subparagraph (i) of paragraph (b) of subsection (1) of section 9, the application under subsection (1) shall be accompanied-

(a) in lieu of the building plans mentioned in paragraph (aa) of that subsection, by plans of the building, in triplicate, 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

(b) in addition to the other matters required under subsection (1), by the certificate of a duly authorised officer of the appropriate local planning authority that the building as represented by the plans mentioned in paragraph (a) 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.

(7) An application under subsection (1) may be submitted without the issue document of title to the lot if that document is in the hands of any person as chargee or lien-holder, and in any such case, the application shall be accompanied by a copy of a request by the proprietor served on that person for the production of the document at the Land Office within fourteen days of the date thereof.

(8) Upon receipt of any 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, and shall then-

(a) refer the application to the Director of Survey;

(b) in the case where the land is held under qualified title as specified in subsection (2) of section 7, take appropriate action in respect of the conversion of the qualified title to final title; and

(c) in the case where the building to be subdivided has not yet been certified to be fit for occupation or use, forthwith inform the applicant to obtain the certificate of fitness for occupation from the local authority within the time specified.

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

(a) advise the Land Administrator as to whether the plans are in order;

(b) notify the Land Administrator of the amount of fees to be collected upon approval of the application in respect of such survey; 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.

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(10) 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:

Provided that no application shall be so transmitted without the issue document of title of the lot and accordingly in a case falling within subsection (7), if that document is not duly produced at the Land Office, the Land Administrator shall, if he is unable to secure its production, prepare or cause to be prepared, title in continuation (or where appropriate, a duplicate issue document of title only) under Chapter 3 of Part Ten of the National Land Code as if the circumstances were as specified in paragraph 166(1)(c) of the Code:

And provided further that where the land is held under qualified title, the final title thereto has been registered by the registering authority.

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

(1) An application under section 10, except where it relates to a low-cost building, shall include an application for the issue of a provisional strata title for a provisional block in respect of a building, being a building capable according to section 6 (1) of being subdivided, proposed to be, or in the course of being, erected on the lot in question:

Provided that no land shall be included in the application for the issuance of a provisional strata title for the provisional block.

(2) Where an application under section 10 involves a provisional block or blocks by virtue of subsection (1), the following requirements relating to the provisional block or blocks shall, in addition to the requirements of section 10 relating to the particular building or buildings to be subdivided, be observed in making the application:

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

(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 dimensions of the building to which the provisional block relates;

(c) the application shall be accompanied, as forming part of the proposed strata plan, by a storey plan in triplicate 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 to which the provisional block relates, without it being necessary to show any bearings; and

(d) the proposed strata plan shall show the proposed quantum of provisional share units for each provisional block.

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

(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 to the location, nature of construction and the cost of the building, classify it to be low-cost building.

(2) Without prejudice to subsection (1), the State Authority may by rules made under section 81, classify any type of building to be a low-cost building.

(3) Upon classifying any building to be a low-cost building under subsection (1) or (2), 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 section 10.

(5) No building erected in a provisional block shall be classified under subsection (1) or (2) to be a low-cost building.

(6) The State Authority may, upon an application by the management corporation or on its own motion, appoint a managing agent to exercise the powers and discharge the duties and functions of a management corporation, and any expenses incurred by the managing agent may be charged on the management fund of the management corporation.

11.  Withdrawal of applications.

An application under subsection (1) of section 10 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.

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

(1) On receiving any application made under section 10, the Director shall-

(a) approve the subdivision if it appears to him that the conditions specified in section 9 are satisfied; and

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

(2) Where he has approved any application for subdivision of building, the Director 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 subsection (9) of section 10 and fees for the preparation and registration of strata titles.

(3) Where he has rejected any such application, the Director 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 pursuant to subsection (8) of section 10.

13.  Action by Director of Survey after approval of subdivision.

(1) Upon receipt of the approved application and the other documents presented therewith and upon being informed by the Land Administrator that the fees referred to in paragraph (b) of subsection (2) of section 12 have been duly paid, the Director of Survey shall-

(a) from the relevant location plan, storey plans and delineation plans, 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 subdivisions; 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 (a) of subsection (1) 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;

(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; and

(c) a schedule showing the approved share units of each parcel and the total number of share units of all the parcels.

(3) For the purposes of the preparation of any such certified strata plan, the common 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 (d) of subsection (1) 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 of the block.

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14.  Issue of strata titles to individual parcels.

Upon receiving from the Director of Survey the documents referred to in paragraph (e) of subsection (1) of section 13, 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.

14A.  Failure to pay amount demanded.

(1) If the original proprietor fails to pay any amount demanded pursuant to subsection (2) of section 12 within one month of being served with the demand, he shall be guilty of an offence, and liable on conviction to a fine not exceeding five thousand ringgit and to a further fine not exceeding five hundred ringgit for each day the offence continues to be committed.

(2) The period specified in subsection (1) may, on application made before its expiry, be extended once by the Director by any further period not exceeding one month.

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 subsection (4), (5) and (6) shall-

(i) set out, or where appropriate summarise so far as they relate to matters capable of affecting any of those parcels or provisional blocks, all express conditions and restrictions-in-interest 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 (a) of subsection (1) of section 13; and

(d) the register document of title to each parcel and each 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 or tenancy 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 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, the caveats shall remain in 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 particular 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.

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

(b) a provisional block, 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-

(i) the copy of the certified strata plan or of the relevant folio of that plan prepared under paragraph (d) of subsection (1) of section 13; and

(ii) where appropriate, a copy of the statement in Form 3:

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 titles 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 authorise the issue of the document of title thereto to the proprietor of the parcel.

17.  Effect of opening of book of strata register.

(1) On authenticating if applicable the statement in Form 3 required to be contained in any book of the strata register, the Registrar shall make on the register and issue documents 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 and shall return the issue document to that corporation.

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

(3) (Deleted by Act 1290)

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.

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.

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PART IV - PROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPON COMPLETION OF BUILDING

20.  Application for strata titles upon completion of building.

(1) The original proprietor of a provisional strata title shall, as soon as a building in respect of that title has been completed and a certificate of completion and compliance has been issued, but in any case within six months from the date the building is so issued, make an application for the approval of the Director for the issue of separate strata titles to the parcels in the completed building.

(1A) The period specified in subsection (1) may, on application made before its expiry, be extended once by the Director by any further period not exceeding three months.

(2) The application shall be made in writing in Form 5 to the Land Administrator and shall be accompanied by-

(a) such fee as may be prescribed;

(b) a certificate of an architect registered under the Architects Act, 1967 or of a professional engineer registered under the Registration of Engineers Act, 1967 that the provisional block has been completed in accordance with the approved building plan, and any approved amendments thereto;

(ba) a copy of the approved building plan and approved amendments thereto referred to in paragraph (b);