Malaysia legislation
Section 8
Section 8
(2)
The period within which the requirements of subsection 8A(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 agreements 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 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 agreements took place before the commencement of this Act, the period is three months from the date the building is completed;
(c)
in the case where the building is completed and the sale of, or agreement to sell, any parcel of the building or the first of such sales or agreements takes place after the commencement of this Act, the period is three months from the date the
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building is completed or the sale of, or agreement to sell, any parcel of the building or the first of such sales or agreements took place whichever is the later;
(d)
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 agreements took place before the commencement of this Act, the period is three months from the date of the commencement of this Act;
(e)
in the case where the building was completed before 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 agreements takes place after the commencement of this Act, the period is three months from the date of the sale of, or agreement to sell, any parcel of the building or the first of such sales or agreements took place.
(3)
The original proprietor of any alienated land on which the building or land had been issued with the certificate of proposed strata plan under subsection 8A(8), shall apply for subdivision in accordance with subsection 9(1) within a period of one month from the date of issuance of the certificate of proposed strata plan.
(4)
The period specified in subsection (2) may, on an application made before its expiry, be extended once by the Director of Survey for any further period not exceeding one month.
(5)
The period specified in subsection (3) may, on an application made before its expiry, be extended once by the Director for any further period not exceeding one month.
(6)
The application for the approval of the Director shall be treated as not being in accordance with subsection 8A(1) if the application is defective by reason of any material noncompliance with any of the requirements of subsection 9(1) pertaining to the application.
(7)
Where an application is not made within the period specified in subsections (2) and (3), and, within the period of such extension granted
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in respect of a building or land under subsection (4) or (5), the original proprietor shall be guilty of an offence.
(8)
The original proprietor who is guilty of an offence under subsection (7) shall, on conviction—
(a)
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; and
(b)
the court may order the original proprietor to apply for subdivision of building or land within a period specified in the order.
(9)
For the purposes of paragraphs (2)(b), (c), (d) and (e), the date on which the building is or was completed shall be the date on which the certificate of completion and compliance is issued, certified by any local authority to be fit for occupation or use, or certified in accordance with the provisions of any written law for the time being in operation.
Application for certificate of proposed strata plan