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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.
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.
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