STRATA TITLES ACT 1985

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 318 STRATA TITLES ACT 1985 As at 1 April 2021 2 STRATA TITLES ACT 1985 Date of Royal Assent … … Date of publication in the Gazette … 22 May 1985 … 30 May 1985 English text to be authoritative … … P.U. (B) 171 of 1985 and P.U. (B) 561 of 1986 Latest amendment made by P.U. (A) 128/2021 which came into operation on … … … 1 April 2021 PREVIOUS REPRINTS First Reprint … … … 2001 Second Reprint … … … 2006 3 LAWS OF MALAYSIA Act 318 STRATA TITLES ACT 1985 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Application 3. Commencement 4. Interpretation 4A. Coming into operation of the Computerization System of Strata Titles in any Land Registry 4 B. Coming into operation of the Electronic Land Administration System of Strata Titles in any Land Registry 4 C. Coming into operation of the rent of parcel or provisional block, etc. 5. Construction of the Act PART II APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND 6. Building or land capable of being subdivided into parcels 7. Original proprietor may apply for subdivision of a building or land 8. Circumstances in which it is compulsory to apply for subdivision of a building or land 8A. Application for certificate of proposed strata plan 4 Laws of Malaysia ACT 318 Section 9. Application for subdivision of building, etc. 9A. Application for subdivision in the case of phased developments 9 B. Application for subdivision in the case of low-cost buildings 10. Conditions for approval 10A. (Deleted) 10B. (Deleted) 11. Withdrawal of applications 12. Powers of Director of Lands and Mines in relation to applications 13. Action by Director of Survey after approval of subdivision 14. Issue of strata titles to individual parcels 14A. (Deleted) PART III REGISTRATION OF STRATA TITLES 15. Preparation and maintenance of strata register 16. Documents of strata title 17. Effect of opening of book of strata register 17A. Limited common property and subsidiary management corporations allowed 17B. Ownership of common property and custody of issue document of title 18. Share units of parcels 19. Provisional share units of a provisional block 19A. (Deleted) PART IV PROVISIONAL BLOCK: ISSUANCE OF STRATA TITLES 20. Circumstances in which it is compulsory for a proprietor of provisional strata title to apply for strata title 20A. Application for certificate of proposed strata plan 20B. Application for subdivision of building, etc. Strata Titles 5 Section 21. Power of Director of Lands and Mines in relation to application 22. Action by Director of Survey after approval 22A. (Deleted) 22B. (Deleted) 23. Modification of strata register, issue of fresh documents of title and cancellation of provisional document of title PART IVA COLLECTION OF RENT 23A. Interpretation 23B. Rent to be debt due to State Authority 23C. Determination and computation of rent 23D. Where rent payable 23E. Notice of demand 23F. Right of charges, lessees, etc., to pay sum demanded 23G. Effect of payment of sum demanded 23H. Forfeiture for non-payment of sum demanded 23I. Power of State Authority to revise rent periodically 23J. Effect of termination of subdivision PART IVB FORFEITURE AND VESTING 23K. Interpretation 23L. Reversion to State Authority and vesting to take effect upon notification in the Gazette 23M. Effect of forfeiture 23N. Parcel or provisional block not to be transferred during period for appeal against forfeiture 23O. Power of State Authority to annual forfeiture, etc. 23P. Appeal against forfeiture 6 Laws of Malaysia ACT 318 PART V SUBDIVIDED BUILDINGS OR LAND: DIVISION AND AMALGAMATION OF PARCELS Section 24. Interpretation 25. Power to divide and amalgamate parcels 26. Effect of division or amalgamation 27. Conditions for approval of division or amalgamation 28. Application for approval 29. Action by Director of Survey 30. Land Administrator to transmit application to Director of Lands and Mines 31. Power of Director of Lands and Mines in relation to application for division or amalgamation 32. Preparation of new certified strata plan by Director of Survey 33. Modification of strata register and issue of fresh documents of title 33A. Effect of registration in respect of common property created upon division or amalgamation PART VI RIGHTS AND OBLIGATIONS ATTACHING TO INDIVIDUAL PARCELS AND PROVISIONAL BLOCKS 34. Rights of proprietor in his parcel and common property 35. Rights of support, service and shelter 36. Share unit entitlements 37. Restrictions on voting rights 38. Power of court where no person is able to vote in respect of a parcel PART VII MANAGEMENT OF A SUBDIVIDED BUILDING 39—55A. (Deleted) Strata Titles 7 PART VIII TERMINATION OF SUBDIVISION OF SUBDIVIDED BUILDING OR LAND Section 56. Power of court when subdivided building or land is damaged 57. Termination of subdivision PART VIIIA EFFECT OF ACQUISITION OF SUBDIVIDED BUILDING OR LAND 57A. Procedure of taking formal possession of any subdivided building or land PART IX PROVISIONS FOR LOW-COST BUILDINGS 58—67. (Deleted) PART IXA STRATA TITLES BOARD 67A—67X. (Deleted) PART X MISCELLANEOUS 68. (Deleted) 69. No dealing in accessory parcel independent of a parcel 70. No dealing in provisional block 71. (Deleted) 72. (Deleted) 73. Other rights and remedies not affected by this Act 74. Jurisdiction of the Magistrate’s Court 75. Legal proceedings 8 Laws of Malaysia Section 76. (Deleted) 77. (Deleted) 78. (Deleted) 79. Limitation Act 1953 not to extend to common property 80. Power of entry by public or local authority 80A. Prosecution 81. Power of State Authority to make rules 82. Transitional provisions 83. Repeal and amendment of provisions of the National Land Code 84. Amendment of Forms 85. Transitional provision with respect to rules, orders, etc. FIRST SCHEDULE SECOND SCHEDULE (Deleted) THIRD SCHEDULE (Deleted) FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE SEVENTH SCHEDULE ACT 318 9 LAWS OF MALAYSIA Act 318 STRATA TITLES ACT 1985 An Act to facilitate the subdivision of building or land into parcels, the disposition of titles and the collection of rent and for purposes connected therewith. [Peninsular Malaysia, the Federal Territory of Kuala Lumpur and the Federal Territory of Putrajaya—1 June 1985, P.U. (B) 276/1985; Federal Territory of Labuan—1 January 2010, P.U. (B) 454/2009] WHEREAS it is desired to introduce in the form of a Strata Titles Act a uniform legislation within the States of Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor, Terengganu and the Federal Territory of Kuala Lumpur, the Federal Territory of Putrajaya and Federal Territory of Labuan; AND WHEREAS it is now expedient for the purpose only of ensuring uniformity of law and policy to make with respect to tenure of parcels in a building or land, registration of titles relating to parcels in a building or land, transfer of parcels in a building or land, collection of rent, leases and charges in respect of parcels in a building or land, and easements and other rights and interests in parcels in a building or land; Now, therefore pursuant to the provisions of Clause (4) of Article 76 of the Constitution, BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and the Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: 10 Laws of Malaysia ACT 318 PART I PRELIMINARY Short title 1. This Act may be cited as the Strata Titles Act 1985. Application 2. This Act shall apply only to Peninsular Malaysia, the Federal Territory of Putrajaya and the Federal Territory of Labuan. Commencement 3. (1) This Act shall come into force in each State on such date as the Minister may, with the approval of the National Land Council, by notification in the Gazette, appoint. (2) This Act shall come into force in the Federal Territory on such date as the Minister may, by notification in the Gazette, appoint. Interpretation 4. In this Act, unless the context otherwise requires— “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; “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; Strata Titles 11 “certificate of proposed strata plan” means the certificate certifying the proposed strata plan prepared under section 8A or 20A, as the case may be; “certificate of completion and compliance” has the meaning assigned to it under section 3 of the Street, Drainage and Building Act 1974 [Act 133]; “certified strata plan” means the plan prepared under section 13 or 22, as the case may be and certified by the Director of Survey; “Commissioner” means the Commissioner of Buildings appointed under section 4 of the Strata Management Act 2013 [Act 757]; “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 a certified strata plan; “delineation plan” means a plan showing the delineation of land parcels; “Director” means the Director of Lands and Mines for the State or the Federal Territory and includes a Deputy Director of Lands and Mines; “Director of Survey” means the Director of Survey and Mapping for the State or the Federal Territory and includes a Deputy Director of Survey and Mapping; “Federal Territory” means the Federal Territory of Kuala Lumpur and the Federal Territory of Putrajaya; “floor area”, in relation to a parcel, means the area occupied by that parcel; “form”, followed by a number, means the form in the First Schedule identified by that number; 12 Laws of Malaysia ACT 318 “Land Administrator” means the Land Administrator for the District appointed under the *National Land Code [Act 828] and includes an Assistant Land Administrator appointed thereunder; “land parcel” means a unit delineated within the lot in which is comprised a building of note more than four storeys (excluding shared basement) which is held under a strata title which may have shared basement, comprises accessory parcels and common property; “land surveyor” means the Director of Survey appointed under the National Land Code or a land surveyor licensed to practise as such under any law for the time being in force in relation to survey; “location plan” means a location plan under subsection 8A(3) or 20A(3), as the case may be; “low-cost building” means any building certified by the State Authority under section 9B; “management corporation”, in relation to any subdivided building or land shown in a certified strata plan, means the management corporation established under section 17; “Minister” means the Minister charged with the responsibility for land matters; “original proprietor” means the proprietor of the lot immediately before the subdivision of building or land; “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; * NOTE— The National Land Code [Act No. 56 of 1965] has been revised as the National Land Code [Act 828]. Strata Titles 13 “prescribed” means prescribed by rules made by the State Authority under section 81; “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 bei