Malaysia legislation
Section 4
Section 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;
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“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;
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“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].
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“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 being registered as the proprietor of a provisional block unless expressly provided otherwise;
“provisional block” means—
(a)
in relation to a subdivided building, a block in respect of a building proposed to be, or in the course of being, erected on building or land, for which a separate provisional strata title is applied for;
(aa) in relation to a subdivided land, a block in respect of the proposed land parcels, for which a separate provisional strata title is applied for;
(b)
in relation to a certified strata plan, such a block shown therein, for which a provisional strata title is to be registered;
and
(c)
in relation to a book of strata register, such a block shown therein, for which a provisional strata title has been registered;
“provisional share units” means the share value allotted to a provisional block shown in the strata register;
“provisional strata title” means the title registered and issued under section 16 in respect of a provisional block;
“purchaser” means any person or body who purchases a parcel or who has any dealing with a developer in respect of the acquisition of such parcel;
“Registrar” means—
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(a)
in relation to strata titles which are dependent on Registry titles, the Registrar of Titles or Deputy Registrar of Titles for the State; and
(b)
in relation to strata titles which are dependent on Land Office titles, the Land Administrator for the District;
“rent” has the meaning assigned to it under section 5 of the National
Land Code and includes any annual sum payable to the State Authority of any parcel or provisional block pursuant to section 4C by way of rent and any fees due to the State Authority in respect of any arrears of rent provided by rules under section 81;
“schedule of parcels” means the schedule of parcels or amended schedule of parcels prepared under the Strata Management Act 2013;
“share units”, in respect of a parcel, means the share units determined for that parcel as shown in the strata register;
“special building” means any building occupied before June 1996 or any building occupied from June 1996 to 11 April 2007, as classified by the State Authority as such;
“storey” means any horizontal division of a building whether or not on the same level throughout and whether above or below the surface of the ground;
“storey plan” means a storey plan under subsection 8A(4) or 20A(4), as the case may be;
“strata plan”—
(a)
in relation to a subdivided building, means a location plan and a storey plan and includes a plan of division or amalgamation of any parcels shown in a certified strata plan; and
(b)
in relation to a subdivided land, means a location plan and a delineation plan, and includes a plan of division or amalgamation of any parcels shown in a certified strata plan,
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and in the case of land parcel with shared basement, includes a storey plan;
“strata register” means the register of strata titles maintained under the provisions of section 15;
“strata roll”, in relation to a subdivided building or land, means the roll maintained under the Strata Management Act 2013;
“strata title” means the title issued under section 16;
“subdivided building or land” means a building or land as subdivided under Part II or Part IV, as the case may be;
“subsidiary management corporation” in relation to limited common property means the subsidiary management corporation created under section 17A;
“super structure stage” means the stage upon the completion of building works as duly certified in accordance with the relevant by-laws make under the Street, Drainage and Building Act 1974 [Act 133];
“unanimous resolution” means a resolution which is passed at a duly convened general meeting of a management corporation of which at least twenty-one days’ notice specifying the proposed resolution has been given and against which no vote is cast.
Coming into operation of the Computerization System of Strata
Titles in any Land Registry