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:
(a) in the case of a building completed on a date
after the commencement of this subsection-
(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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