Malaysia legislation
Section 27
Section 27
The Director shall not approve a division or amalgamation unless the following conditions are satisfied:
(a)
that the proposed division or amalgamation would not contravene any restriction in interest to which any of the affected parcels is subject;
(b)
that the proposed division or amalgamation would not be contrary to the provisions of any written law for the time being in force, and that any requirements imposed with respect to the division or amalgamation by or under any such law have been complied with;
(c)
that no item of land revenue is outstanding in respect of any affected parcel;
(d)
that consent in writing to the making of the application has been obtained from every person who at the time when the approval was applied for, was entitled to the benefit of—
(i)
a charge of an affected parcel;
(ii)
a lease of an affected parcel or any part thereof, other than, in the case of a division, a part corresponding
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precisely with or included within one of the new parcels;
(iii)
a charge of such a lease; or
(iv)
a lien over an affected parcel or such a lease;
(da) that, where the division or amalgamation results in the creation of additional common property or new common property, the written consent of the management corporation and the approval from the relevant authorities to the making of the application has been obtained;
(e)
that where an amalgamation is proposed, each new parcel will have adequate internal means of communication not passing through common property;
(f)
that, where a division is proposed, each new parcel will have adequate means of access not passing through another parcel;
and
(g)
that the proposed share units assigned to the new parcels by the proprietor in his application in Form 6 are equitable.
Application for approval