Malaysia legislation
Section 20
Section 20
(2)
The period within which the requirement of subsection (1) shall be complied with is as follows:
(a)
in the case where the sale of, or agreement to sell, any parcel of the building or the first of such sales or agreement takes place and the document that certifies the super structure stage is issued after the commencement of this Act, the period is three months from the date of the issuance of the document that certifies the super structure stage;
(b)
in the case where the building is completed after the commencement of this Act and the sale of, or agreement to sell, any parcel of the building or the first of such sales or agreement took place before the commencement of this
Act, the period is three months from the date of the issuance of the certificate of completion and compliance;
(c)
in the case where the building was completed and the sale of, or agreement to sell, any parcel of the building or the first of such sales or agreement took place before the commencement of this Act, the period is three months from the date of the commencement of this Act;
Strata Titles 45
(d)
in the case where the building was completed before the commencement of this Act and the sales of, or agreement to sell, any parcel of the building or the first of such sales or agreement takes place after the commencement of this
Act, the period is three months from the date the sales of, or agreement to sell, any parcel of the building or the first of such sales or agreement takes place.
(3)
Where the proprietor of provisional strata title has not sold or agreed to sell any parcel in such building or land to any person and such building or land has been issued with certificate of completion and compliance or certificate of fitness for occupation, the proprietor of provisional strata title shall—
(a)
in the case where the certificate of completion and compliance or certificate of fitness for occupation is issued after the commencement of this Act, apply for the issuance of the certificate of proposed strata plan to the Director of
Survey within three months from the issuance of the certificate of completion and compliance or certificate of fitness for occupation;
(b)
in the case where the certificate of completion and compliance or certificate of fitness for occupation was issued before the commencement of this Act, the proprietor of provisional strata title shall, within three months from the commencement of this Act, apply for the issuance of the certificate of proposed strata plan to the Director of Survey.
(4)
The proprietor of provisional strata title of the building or land which had been issued with the certificate of proposed strata plan under subsection 20A(8), shall apply for the subdivision under subsection 20B(1)
within the period of one month from the date of the issuance of the certificate of proposed strata plan.
(5)
The period specified in subsections (2) and (3) may, on an application made before its expiry, be extended once by the Director of
Survey for any further period not exceeding one month.
46 Laws of Malaysia ACT 318
(6)
The period specified in subsection (4) may, on an application made before its expiry, be extended once by the Director for any further period not exceeding one month.
(7)
The application for the approval of the Director shall be treated as not being in accordance with subsection (1) if the application is defective by reason of any material noncompliance with any of the requirements of subsection 20B(1) pertaining to the application.
(8)
Where an application is not made within the period specified in subsections (2), (3) and (4) or within the extended period granted under subsection (5) or (6) in respect of a building or land, the original proprietor shall be guilty of an offence.
(9)
The proprietor of provisional strata title who commits any offence under subsection (7) or (8) shall, on conviction, be liable to a fine of not less than ten thousand ringgit but not more than one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both and, in the case of a continuing offence, 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.
Application for certificate of proposed strata plan