|
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);
(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 a case where the certificate is one under subparagraph
(ii), a subsisting permit or permits issued under section 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
of completion and compliance;
(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 application.
(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.
21. Power of Director of Lands and Mines in relation to
application.
(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.
22. Action by Director of Survey after approval.
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.
22A. Failure to apply under section 20.
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.
22B. Failure to pay amount demanded.
(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 fifty
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.
23. Modification of strata register, issue of fresh documents
of titles 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.
Back
|
Next
|
