STATUTORY DEFINITIONS


STATUTORY DEFINITIONS
*Terms*	*Statutes*	*Definition*
accessory parcel	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"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;
accessory parcel	ACT 663 BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 2. Interpretation.	"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	ACT 318 STRATA TITLES ACT 19854. Interpretation.	"aggregate share units" means the sum of the share units of the parcels (including a provisional block) shown in an approved strata plan;
alienated land	Act 56_65 NATIONAL LAND CODE 5. Interpretation.	"alienated land" means any land (including any parcel of a sub-divided building) in respect of which a registered title for the time being subsists, whether final or qualified, whether in perpetuity or for a term of years, and whether granted by the State Authority under this Act or in the exercise of powers conferred by any previous land law, but does not include mining land;
allocated share units	ACT 663 BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 2. Interpretation.	"allocated share units" means the share units to be assigned to each parcel by a developer's licensed land surveyor.
annual value	ACT 171 LOCAL GOVERNMENT ACT 1976 2. Interpretation.	"annual value" means the estimated gross annual rent at which the holding might reasonably be expected to let from year to year the landlord paying the expenses of repair, insurance, maintenance or upkeep and all public rates and taxes: Provided that - (a) in estimating the annual value no account shall be taken of any restrictions or control on rent in so far as it limits the rent which may be required by a landlord or recovered from a tenant of a holding; (b) in estimating the annual value of any holding in or upon which there is any machinery used for any or all of the following purposes - (i) the making of any article or part of an article; (ii) the altering, repairing, ornamenting or finishing of any article; (iii) the adapting for sale of any article, the enhanced value given to the holding from the presence of such machinery shall not be taken into consideration, and for the purposes of this paragraph "machinery" includes steam engines, boilers or other motive power belonging to such machinery; (c) in the case of any land - (i) which is partially occupied or partially built upon; (ii) which is vacant, unoccupied or not built upon; (iii) with an incomplete building; or (iv) with a building which has been certified by the local authority to be abandoned or dilapidated or unfit for human habitation, the annual value shall be, in the case of subparagraph (i), either the annual value as hereinbefore defined or ten per centum of the open market value thereof at the absolute discretion of the Valuation Officer, and in the case of subparagraphs (ii), (iii) and (iv) the annual value shall be ten per centum of the open market value thereof as if, in relation to subparagraphs (iii) and (iv), it were vacant land with no buildings thereon and in all cases the local authority may, with the approval of the State Authority, reduce such percentages to a minimum of five per centum; (d) where in respect of any particular holding, in the opinion of the Valuation Officer, there is insufficient evidence to base a valuation of annual value upon, the Valuation Officer may apply such methods of valuation as in his opinion appears appropriate to arrive at the annual value;
annual value	PU(A) 115/1994 SEWERAGE SERVICES (CHARGES) REGULATIONS 1994 2. Interpretation.	annual value" — (a) in respect of premises, means the basis for assessment of rates used by the relevant local authority under the Local Government Act 1976; or (b) in respect of subdivided premises, means the said annual value apportioned under regulation 6; [Subs. PU (A) 627/96]
Body	ACT 663 BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 2. Interpretation.	"Body" means the Joint Management Body established under section 4;
building	ACT 663 BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 2. Interpretation.	"building" means any object erected on the development area, and includes the common property of the building;
	Act 56_65 NATIONAL LAND CODE 5. Interpretation.	"building" includes any structure erected on land;
	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"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;
Building Authority	ACT 117 ARCHITECTS ACT 1967 (REVISED 1973) 2. Interpretation.	"Building Authority" means any local authority required under any written law to approve building plans;
Building Maintenance Account	ACT 663 BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 2. Interpretation.	"Building Maintenance Account" means the Building Maintenance Account opened and maintained under section 16;
Building Maintenance Fund	ACT 663 BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 2. Interpretation.	."Building Maintenance Fund" means the Building Maintenance Fund that the Body is required by section 22 to maintain;
building or land intended for subdivision into parcels	ACT 663 BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 2. Interpretation.	"building or land intended for subdivision into parcels" means (a) any building or buildings having two or more storeys in a development area and intended to be subdivided into parcels; and any land on the same lot intended to be subdivided into parcels to be held under a separate strata title or for which an application for subdivision has been made under the Strata Titles Act 1985 [Act 318]; or (b) any development area having two or more buildings intended to be subdivided into land parcels as defined in the Strata Titles Act 1985;
by-laws	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"by-laws" , in relation to a subdivided building or land, means the by-laws which are in operation in respect of that building or land made under section 44 and as provided for in the Third Schedule;
charges	ACT 663 BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 2. Interpretation.	“charges” means any money collected by the owner, developer, Body or managing agent from the purchaser for the maintenance and management of a building or land intended for subdivision into parcels and common property;
commercial premises	PU(A) 115/1994 SEWERAGE SERVICES (CHARGES) REGULATIONS 1994 2. Interpretation	."commercial premises" means any premises used wholly or partly for trade, business, provision of services or facilities or any other activity, whether for profit or otherwise;
Committee	ACT 663 BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 2. Interpretation.	"Committee" means the Joint Management Committee established under section 11;
common internal sewerage piping	ACT 655 WATER SERVICES INDUSTRY ACT 2006 2. Interpretation	."common internal sewerage piping" means the pipes, private connection pipes, channels, conduits or similar structure, fixtures and other apparatus for the conveyance of sewage within or from more than one premises but under the common management and maintenance of owners or occupiers or a management corporation of the premises serviced by the internal sewerage piping up to the point of connection to a sewer, sewage treatment works or a septic tank or up to such other point of connection as may be determined by the Commission, but does not include the sanitary system in a building;
common property	ACT 663 BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 2. Interpretation.	“common property”, in relation to a development area, means so much of the development area as is not comprised in any parcel, such as the structural elements of the building, stairs, stairways, tanks, sewers, pipes, wires, cables and ducts that serve more than one parcel, the exterior of all common parts of the building, playing areas, open spaces, landscape areas, walls and fences, and all other facilities and installations and any part of the land used or capable of being used or enjoyed in common by all the occupiers of the building;
common property	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"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 an approved strata plan
communal septic tank	ACT 655 WATER SERVICES INDUSTRY ACT 2006 2. Interpretation.	"communal septic tank" means a septic tank which treats sewage from two or more premises through a common internal sewerage piping;
Controller	ACT 118 HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966 3. Interpretation.	"Controller" means the Controller of Housing appointed under section 4;
conveyance on sale	ACT 378 STAMP ACT 1949 (CONSOLIDATED AND REVISED 1989) 2. Interpretation	"conveyance on sale" includes every instrument and every decree or order of any Court, whereby any property, or any estate or interest in any property, upon the sale thereof is transferred to or vested in a purchaser or any other person on his behalf or by his direction;
co-proprietorship	Act 56/65 NATIONAL LAND CODE 5. Interpretation.	"co-proprietorship" has the meaning assigned thereto by sub-section (1) of section 342, and "co-proprietor" shall be construed accordingly; 342. Meaning of co-proprietorship, and when it arises. (1) In this Act "co-proprietorship" means the holding of alienated land by two or more persons or bodies in undivided shares. (2) All alienated land vested in two or more persons or bodies shall be held by them as co-proprietors unless, pursuant to section 344 or 346, or the corresponding provisions of any previous land law, they are registered as trustees or representatives.
developer	ACT 133 STREET, DRAINAGE AND BUILDING ACT 1974 3. Interpretation.	"developer" means any person, body of persons, company, firm or society who or which engages in or carries on or undertakes the business of developing or providing monies for development or purchasing or partly developing and providing monies for purchasing buildings;
	ACT 663 BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 2. Interpretation.	"developer" means any person or body of persons (by whatever name described), who develops any land for the purpose of accommodation including accommodation for commercial and industrial use and includes the executors, administrators and successors in title or permitted assigns of such person or body of persons;
	ACT 133 STREET, DRAINAGE AND BUILDING ACT 1974 11. Paving, etc. of private streets. 14. Widening of private streets. 15. Repair of private streets.	For the purpose of this section "developer" means the developer of lands belonging to persons who would be frontagers.
development area	ACT 663 BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 2. Interpretation.	"development area" means any alienated land held as one lot under final title( whether Registry or Land Office title) on which building or land intended for subdivision into parcels is constructed or is in the course of construction;
document of title	Act 56/65 NATIONAL LAND CODE 5. Interpretation.	"document of title", in relation to any alienated land, means both the register document of title and the issue document of title relating thereto, save that, in the case of land held under qualified title in respect of which no application for an issue document of title has been made by the proprietor, it means the register document of title only;
document of title	ACT 171 LOCAL GOVERNMENT ACT 1976 2. Interpretation.	"documents of title" means grants, leases of State land, certificates of title qualified titles, entries in the Mukim register, mining leases or mining certificates and other documents evidencing title or registration of land kept by a Register of Titles or a Collector of Land Revenue;
dwelling-house	ACT 133 STREET, DRAINAGE AND BUILDING ACT 1974 3. Interpretation.	"dwelling-house" includes a building or tenement wholly or principally used, constructed or adapted for use for human habitation;
final document of title		"final document of title" means any document of title relating to land held under final title, or prepared for the purpose of its being so held;
fire-fighting equipment or fire safety installation	ACT 341 FIRE SERVICES ACT 1988 2. Interpretation.	"fire-fighting equipment or fire safety installation" means any equipment or installation for- (a) extinguishing, fighting, preventing, or limiting a fire; (b) giving warning of a fire; (c) providing access to any premises or place or to any part thereof for the purpose of extinguishing, fighting, preventing, or limiting a fire; (d) providing emergency power supply in the event of normal power failure; (e) providing emergency lighting for purposes of escape from buildings; (f) giving direction towards an escape route or place of refuge; or (g) providing adequate, safe egress for the purpose of evacuation or exit of occupants in the event of fire;
fire-hazard	ACT 341 FIRE SERVICES ACT 1988 2. Interpretation.	"fire-hazard" means- (a) any unlawful alteration to any building such as might render escape from any part thereof in the event of a fire materially more difficult or less easy than it would be if the alteration had not been made; (b) the overcrowding of any place of public entertainment or public gathering such as might render escape from any part thereof in the event of a fire difficult; (c) any removal or absence from any building of any fire-fighting equipment or fire safety installation that is required by law to be provided in the building; (d) the presence within or outside any building of any fire-fighting equipment or fire safety installation or any facility, installed in accordance with the requirement of any written law or as required by the Fire Services Department, that is not in efficient working order; (e) inadequate means of exit from any part of a building to any place, whether within or outside the building, that provides safety to persons in the event of a fire; or (f) any other matter or circumstance that materially increases the likelihood of a fire or the danger to life or property that would result from the outbreak of a fire, or that would materially hamper the Fire Services Department in the discharge of its duties in the event of a fire;
floor area	ACT 172 TOWN AND COUNTRY PLANNING ACT 1976 2. Interpretation."	floor area" means the total area of floor space within a building, as measured between the external sides of walls or, in the case of party walls, between the centres of such walls;
	ACT 267 FEDERAL TERRITORY (PLANNING) ACT 1982 2. Interpretation.	"floor area" means the total area of floor space within a building measured between the external sides of walls or in the case of party walls, between the centre of the party walls;
	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"floor area", in relation to a parcel, means the area occupied by that parcel
homebuyer	ACT 118 HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966 PART VI- TRIBUNAL FOR HOMEBUYER CLAIMS	16A. Meaning of "homebuyer". For the purpose of this Part, "homebuyer" means a purchaser and includes a person who has subsequently purchased a housing accommodation from the first purchaser of the housing accommodation.
house	PU(A) 70/2004 PESTICIDES (PEST CONTROL OPERATOR) RULES 2004 2. Interpretation.	"house" means any building or structure and its contents which are used by man for any purpose, and includes warehouses, hotels, residential premises, restaurants and farm houses;
	ACT 452 EMPLOYEES PROVIDENT FUND ACT 1991 2. Interpretation.	house "house" means any dwelling house built or being built and includes a flat, condominium or shop house built or being built for the purpose of dwelling or partly for dwelling and partly for carrying on a business, trade or profession therein;
	ACT 133 STREET, DRAINAGE AND BUILDING ACT 1974 3. Interpretation.	"house" includes dwelling-house, warehouse, office, counting-house, shop, school, and any other building in which persons are employed;
housing accommodation	ACT 118 HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966 3. Interpretation.	"housing accommodation " includes any building, tenement or messuage which is wholly or principally constructed, adapted or intended for human habitation or partly for human habitation and partly for business premises and such other type of accommodation as may be prescribed by the Minister from time to time to be a housing accommodation pursuant to section 3A;
housing developer	ACT 118 HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966 3. Interpretation.	"housing developer" means any person, body of persons, company, firm or society (by whatever name described), who or which engages in or carries on or undertakes or causes to be undertaken a housing development;
housing development	ACT 118 HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966 3. Interpretation.	"housing development" means to develop or construct or cause to be constructed in any manner whatsoever more than four units of housing accommodation and includes the collection of moneys or the carrying on of any building operations for the purpose of erecting housing accommodation in, on, over or under any land; or the sale of more than four lots of land or building lots with the view of constructing more than four units of housing accommodation;
Housing Development Account	ACT 118 HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966 3. Interpretation.	"Housing Development Account" means an account opened and maintained by a licensed housing developer pursuant to section 7A;
housing lot	ACT 118 HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966 3. Interpretation.	"housing lot" means any piece of land surveyed or otherwise, to which a lot number has been assigned to it and which is subject to the category "building" in accordance with the National Land Code 1965 (Act 56/65);
initial period	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"initial period", in relation to a management corporation, means the period commencing on the day on which the management corporation is formed and ending on the day on which there are proprietors, excluding the proprietor of the lot who is registered as the proprietor of a parcel or parcels or a provisional block or blocks the sum of whose share units is at least one-quarter of the aggregate share units
land parcel	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"land parcel" means a unit which is comprised therein a subdivided land on which there is a completed building of not more than four storeys which is held under a strata title
licensed housing developer	ACT 118 HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966 3. Interpretation..	"licensed housing developer" means any housing developer licensed under section 5 to engage in or carry on or undertake a housing development and includes the holder of any power of attorney of such housing developer duly created under the Powers of Attorney Act 1949 [Act 424]; [Am. Act A1142 - Prior text read - "means any housing developer licensed under section 5 to engage in or carry on or undertake a housing development;"]
lot	Act 56/65 NATIONAL LAND CODE 5. Interpretation.	"lot" means any surveyed piece of land to which a lot number has been assigned by the Director of Survey and Mapping;
low cost property	ACT 53 INCOME TAX ACT 1967 46A. Deduction for individual on interest expended.	"low cost property" means the only residential property owned by the individual and that property had been held by the individual for not less than five years and purchased by him for not more than RM42,000.00;
low-cost building	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"low-cost building" means any building certified by the State Authority under section 58; "management corporation", in relation to any subdivided building shown in an approved strata plan, means the management corporation established under section 39, 64 or 64A;
management corporation	ACT 663 BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 2. Interpretation.	"management corporation" means the management corporation established under the Strata Titles Act 1985;
management corporation	ACT 655 WATER SERVICES INDUSTRY ACT 2006 2. Interpretation.	"management corporation" has the meaning assigned to it in section 4 of the Strata Titles Act 1985 [Act 318];
management fund	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"management fund" means a management fund established under section 45, 63 or 66;
managing agent	ACT 663 BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 2. Interpretation.	"managing agent" means any person appointed by the Commissioner of Buildings under section 25;
managing agent	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"managing agent" means any person or body appointed by the State Authority under subsection 10B(6) or by the Commissioner of Buildings under section 50;
office-bearer	ACT 335 SOCIETIES ACT 1966 (REVISED 1987) 2. Interpretation.	"office-bearer" of a society means any person who is the president or vice-president, or secretary or treasurer of such society or any branch of a society, or who is a member of the committee or governing body thereof or of any branch thereof or who holds in such society or branch of a society any office or position analogous to any of those mentioned above;
original proprietor	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"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;
parcel	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"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;
property	ACT 663 BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 2. Interpretation.	“property” means any land on the development area, and includes any building or part of a building that has been erected or is being erected on the land, and also includes a building or land intended for subdivision into parcels;
proprietor	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"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;
purchaser	ACT 118 HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966 3. Interpretation.	"purchaser" means any person who purchases housing accommodation or who has any dealing with a licensed housing developer in respect of the acquisition of housing accommodation;
	ACT 663 BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 2. Interpretation.	“purchaser” means the purchaser of a parcel;
	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"purchaser" means any person or body who purchases a parcel or who has any dealing with a licensed developer in respect of the acquisition of such parcel;
share units	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"share units", in respect of a parcel, means the share units determined for that parcel as shown in the schedule of share units;
sinking fund	ACT 663 BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 2. Interpretation.	“sinking fund” means a special fund opened and maintained under section 24;
special account	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"special account", in relation to a management corporation, means the account established under section 46;
special building	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"special building" means any building occupied before June 1996
special resolution	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"special resolution" means a resolution which is passed at a duly convened general meeting of a management corporation of which at least fourteen days' notice specifying the proposed resolution has been given by the management corporation or by proprietors who together are entitled to not less than one-quarter of the aggregate share units and who together constitute not less than one-quarter of the membership of the management corporation;
strata titles	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"Strata titles" means the title issued under section 16
stakeholder	ACT 118 HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966 3. Interpretation.	"stakeholder" means any solicitor holding moneys as stakeholder for payment to a housing developer pursuant to sale and purchase agreements in respect of a housing development which the housing developer is engaged in, carries on or undertakes or causes to be undertaken;
unanimous resolution	ACT 318 STRATA TITLES ACT 1985 4. Interpretation.	"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.
water fittings	ACT 655 WATER SERVICES INDUSTRY ACT 2006 2. Interpretation.	"water fittings" includes pipes (other than the public mains), specials, taps, cocks, valves, ferrules, meters, sub-meters, cisterns, baths, water closets, hot water apparatus, soil pans and other similar apparatus or appliance used in connection with the supply and use of water;