STRATA TITLES ACT 1985  (ACT 318)

Part IV
 PROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPON COMPLETION OF BUILDING

20. Application for strata titles upon completion of buildings.
21. Power of Director of Lands and Mines in relation to application.
22. Action by Director of Survey after approval.
22A. Failure to apply under section 20.
22B. Failure to pay amount demanded.
23. Modification of strata register, issuer of fresh documents of titles and cancellation of provisional document of title.

(1) The proprietor of a provisional strata title shall, as soon as a building in respect of that title has been completed and certified by the public or local authority to be fit for occupation or use, but in any case within six months from the date the building is so certified, make an application for the approval of the Director for the issue of separate 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);

(c) a storey plan in triplicate in respect of each storey of the completed building, duly certified by a land surveyor as required under paragraph (b) of subsection (1) of section 10 and containing such details as are specified in subsection (3) of that section;

(ca) a certificate by a land surveyor -

(i) that the building is situated wholly within the boundaries of the lot in question; or

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

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

.(cb) a certificate by a land surveyor-

(i) that the building is situated wholly within the boundaries of its position as delineated in the location plan in compliance with paragraph (b) of subsection (2) of section 10A; or

(ii) that, discounting any eave, awning, and any balcony which does not form part of a proposed parcel. the building is so situated;

(d) a certificate issued by a public or local authority stating that the building is fit for occupation or use;

(e) a statement showing the proposed allocation of the provisional share units among the new parcels; and

(f) the issue document of provisional strata title.

(3) Upon receipt of the 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 of the provisional block; and

(b) refer the application to the Director of Survey and transmit to him a copy of the plan submitted under subsection (2).

(4) The Director of Survey, upon receiving the copy of the plan transmitted by the Land Administrator shall check the said plan and carry out or cause to be carried out such survey of the building or 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 applications.

(5) 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.

(1) The Director shall, upon being satisfied that -

(a) the building has been completed in accordance with the approved building plan and any approved amendments thereto;

(aa) there has been no change in the number of parcels comprised in the building and the total floor area of the building, as indicated in the building plans submitted pursuant to paragraph (a) of subsection (2) of section 10A, and there has been no change in the total share units for the parcels from the quantum of provisional share units shown pursuant to paragraph (d) of subsection (2) of section 10A;

(b) the proposed allocation of share units among the new parcels is equitable;

(c) there is adequate means of access to each parcel not passing through another parcel; and

(d) there is adequate means of internal communication not passing through the common property, approve the application.

(2) Where he has approved any application, 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 (4) of section 20 and fees for the preparation and registration of strata titles.

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 (b) of subsection (2) of section 21 have been duly paid, the Director of Survey shall take 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 (c) of subsection (2) of section 20, 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.

Where an application under subsection (1) of section 20 is not made within the period specified in that subsection, or within that period as extended under subsection (2) of that section, the proprietor of the provisional strata title 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 one thousand ringgit for each day the offence continues to be committed.

(1) If the proprietor of the provisional strata title fails to pay any amount demanded pursuant to subsection (2) of section 21 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 one thousand ringgit and to a further fine not exceeding fifty 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.

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.