STRATA TITLES (AMENDMENT) ACT 2016

This Act comes into operation in each State on a date to be appointed by the Minister, with the approval of the National Land

Council in relation to that State, by notification in the Gazette, and the Minister may, with the approval of the National Land

Council, appoint different dates for the coming into operation of different provisions of this Act.

This Act comes into operation in the Federal Territory of

Kuala Lumpur, the Federal Territory of Putrajaya and the Federal

Territory of Labuan on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates for the coming into operation of different provisions of this

Act.

STRATA TITLES (AMENDMENT) ACT 2016

Amendment of long title

in the definition of “land parcel”, by inserting after the words “four storeys” the words “(excluding shared basement)”;

in the definition of “original proprietor”, by inserting after the words “subdivision of building” the words “or land”; and

by inserting after the definition of “Registrar” the following definition:

‘ “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;’.

Amendment of section 4a

in paragraph 8(2)(b), by substituting for the words “of issuance of the certificate of completion and compliance”

the words “the building is completed”;

in paragraph 8(2)(c), by substituting for the words “of the issuance of the certificate of completion and compliance”

the words “the building is completed”;

by substituting for subsection (8) the following subsection:

“(8)  The original proprietor who is guilty of an offence under subsection (7) 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;

and

the court may order the original proprietor to apply for subdivision of building or land within a period specified in the order.”; and

by inserting after subsection (8) the following subsection:

“(9)  For the purposes of paragraphs (2)(b), (c),

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.”.

Amendment of section 8a

of a special building; or

Strata Titles (Amendment)

in any other circumstances where he deems fit, may give exemption to the documents in paragraphs (1)(e) and (h)

or require any other documents together with the application.”.

Amendment of section 9

by substituting for the words “building, building and land, under subsection 6(1) and subdivision of land under subsection 6(1a)” the words “building or land”; and

by substituting for paragraph (h) the following paragraph:

“(h) a certified copy of the certificate of completion and compliance or certificate of fitness for occupancy, as the case may be, except—

in the case under paragraph 8(2)(a);

in subsection (3)—

by substituting for the word “Registrar” the word

“Director”; and

in subsection (5), by substituting for the word “Registrar”

the word “Director”.

Amendment of section 17a

in paragraph 17a(2)(a), by inserting after the words “the special plan” the words “prepared by a land surveyor”;

in paragraph 17a(2)(c), by substituting for the word

“prescribed” the word “determined”; and

in paragraph 17a(3)(c), by substituting for the words

“and any approved amendments thereto” the words “as approved by comprehensive resolution”.

Strata Titles (Amendment)

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New section 17b

Subject to subsection (3), the management corporation shall, in relation to the common property, have the powers conferred by the National Land Code on a proprietor in relation to its land.

The management corporation—

Where an instrument is executed by the management corporation in the exercise of its powers under subsection (2), the instrument shall be accompanied by a document under the seal of the management corporation stating that—

The instrument executed under subsection (4) shall, in favour of the Registrar or a party to the transaction other than the management corporation, be conclusive evidence of the facts certified.”.

Deletion of section 19a

of a special building; or

in any other circumstances where he deems fit, may give exemption to the documents in paragraphs (1)(e) and (i)

or require any other documents together with the application.”.

Amendment of section 20b

by substituting for paragraph (e) the following paragraph:

“(e) a certified copy of the certificate of completion and compliance or certificate of fitness for occupancy, as the case may be, except—

in the case under paragraph 20(2)(a);

in paragraph (f), by substituting for the word “(d)” the word “(c)”.

New Parts IVa and IVb

the Land Administrator shall determine the amount of rent; and

the Registrar shall—

make a memorial on the register and issue documents of titles to the lot, the date that the rent of the lot ceased to be effective and rent of parcel or provisional block comes into operation, notwithstanding anything contained in the title of the lot; and

The Registrar shall make a memorial or an endorsement to the existing issue document of title of the lot and the existing issue document of strata title pursuant to subparagraph (b)(i)

or (ii) when those titles are produced to him.

The rent reserved in respect of parcel or provisional block shall becomes payable from the beginning of the calendar year.

In relation to the existing documents of strata titles, the rent of parcel or provisional block becomes payable from the beginning of the calendar year.

In relation to the documents of strata titles registered after the coming into operation of section 4c, the rent becomes payable from the beginning of the calendar year next following.

The rent payable in relation to any calendar year shall fall due in full on the first day of that year and, if not sooner paid, shall be treated for the purpose of this Act as becoming in arrears on the first day of June in that year.

Strata Titles (Amendment)

For the purpose of subsection (6), subsection 94(2) of the National Land Code and the modification as stated in paragraph 1 of the Twelfth Schedule to the National Land

Code shall be applicable.

For the purpose of paragraph (1)(a), the rent of parcel or provisional block—

Where the rent computed in relation to any parcel or provisional block is or includes a fraction of a ringgit, it shall be rounded up to one ringgit or to the nearest ringgit above the amount so computed, as the case may be.

The provisions of this section shall have effect subject to any remission or rebate of rent granted or allowed pursuant to rules made under paragraph 81(1)(aa) and to any authorization granted for the payment by installments or deferment of payment of any rent.

Where rent payable 23d.  The rent payable in relation to parcel or provisional block shall be paid by or on behalf of the proprietor at—

As soon as Form 11 is served on the proprietor, the

Land Administrator shall cause to be served on every chargee, lessee, sublessee, tenant, lien-holder, caveator and easement holder, a copy of Form 11.

A note of the service of Form 11 under subsection (1)

shall be endorsed by or at the instance of the Land Administrator, on the register document of title to the parcel or provisional block to which the notice relates.

Right of chargees, lessees, etc., to pay sum demanded 23f.  (1)  The sum demanded in Form 11 may be paid to the

Land Administrator within the time specified in Form 11

by any of the following persons or bodies in addition to the proprietor:

Any sum paid by a chargee pursuant to subsection (1)

shall be added to, and deemed for all the purposes of this

Act to form part of, the first payment thereafter falling due to him under the charge.

Any sum so paid by any other person or body referred to in subsection (1)—

Any lessee, sublessee or tenant who incurs any additional liability, or suffers any deduction, under this section may recover the amount thereof either by civil action against the proprietor or by deduction from any rent then or thereafter payable by him under his lease, sublease or tenancy.

Effect of payment of sum demanded 23g.  If the whole of the sum demanded in Form 11 is paid to the Land Administrator within the time specified therein, the notice shall cease to have effect, and the Land

Administrator shall cancel, or cause to be cancelled, the note endorsed pursuant to subsection 23e(3) on the register document of title to the parcel or provisional block to which the notice relates.

Forfeiture for non-payment of sum demanded 23h.  (1)  The Land Administrator shall not during the period specified in Form 11 accept any payment by or on behalf of any person or body of a lesser amount than the sum thereby demanded.

The Land Administrator shall, at the expiration of the period stated in Form 11 the whole of that sum has not been paid to him, by order—

Any revision of rent under this section shall extend to all parcel or provisional block within the State except parcel or provisional block of any classes or description which the

State Authority may think fit to exempt.

On any revision of rent under this section, the State

Authority may—

In the exercise of the powers conferred by this section, the State Authority shall take no account of increases in parcel or provisional block values attributable due to improvements.

Strata Titles (Amendment)

Any revision of rent under this section shall be made at such time as the State Authority may, with the approval of the National Land Council, determine, but—

Where a revision of rent has been made under this section, the Registrar or Land Administrator shall, as soon as possible—

The Land Administrator shall, as soon as possible, after the publication of Form 12 in the Gazette—

The Registrar shall, after the publication in paragraph (2)(b), make a memorial to the effect that the parcel or provisional block has been forfeited and vested in the transferee on the register document of title and issue document of title.

Strata Titles (Amendment)

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Effect of forfeiture 23m.  Upon taking into effect of any forfeiture in relation to any parcel or provisional block under this Part—

The provision of subsection (1) shall be without prejudice to the power of the State Authority under section 23o to annul the forfeiture at any time on a petition by the former proprietor immediately before the forfeiture took effect.

Power of State Authority to annul forfeiture, etc.

in relation to the division of a parcel, the express conditions for the new parcels are not contrary to the express conditions of the affected parcel; or

in relation to amalgamation of parcels—

the express conditions for the affected parcels are not contrary with one another; and

in the shoulder note, by inserting after the word “building”

the words “or land”; and

in subsection (1), by inserting after the word “building”

the words “or land”.

Amendment of section 57

in subsection (1)—

by inserting before the words “may be directed by unanimous resolution” the words “after making sure that no land revenue is outstanding”; and

in subsection (2), by substituting for the words “the

Registrar” the words “and if the Registrar is satisfied, he”;

in subsection (3), by inserting after the word “building”

the words “or land”;

in subsection (4), by substituting for paragraph (d) the following paragraph:

“(d) the former proprietors may by unanimous resolution direct the management corporation—

to transfer the lot to any one or more of the former proprietors or to any other person or body; and

in subsection (6)—

in paragraph (a)—

by substituting for the words “wind up” the word “settle”; and

by deleting the word “and” after the words

“to exist;”; and

in subsection (8)—

in the definition of “former chargee”, by inserting after the word “building” wherever appearing the words “or land”; and

by substituting for the words “subdivided building” the words “subdivided building or land”; and

Strata Titles (Amendment)

by inserting after the words “parcel in the building” the words “or land”.

New Part VIIIa

Other provisions of this Act which relate to the forms of document of strata title, the procedure for the preparation and registration of any document of strata title, shall be read with modifications, amendments, additions, deletions, substitutions or adaptations as provided in the Seventh

Schedule.

The Minister may, with the approval of the National

Land Council, by order published in the Gazette, make any amendment to the Seventh Schedule.”.

Amendment of section 81

by inserting after paragraph (a) the following paragraphs:

“(aa) the calculation of rates of rent payable in relation to any parcel or provisional block;

(ab) the collection, remission, rebate, payment by installments, deferment of payment of rent, or any other incidental matters relating to rent of parcel or provisional block and forfeiture;”; and

by substituting for paragraph (c) the following paragraph:

“(c) the types of buildings, the circumstances in which buildings are, or any other factor relating to buildings, to be classified as special building;”.

Amendment of Fifth Schedule

in the heading, by inserting under the words “[Section 4a]”

the words “COMPUTERIZATION SYSTEM OF STRATA

TITLES”;

in paragraph 1, by inserting after the definition of “computer printed register document of title” the following definition:

‘ “existing document of strata register” means any strata register which includes the existing documents of strata register index, documents of strata register statements, copies of certified strata plans and every register document of strata title corresponding to each parcel and, if any, provisional blocks registered before or after the coming into operation of the

Computerization System of Strata Titles in any Land

Registry in accordance with section 4a;’; and

in subparagraph 5(6), by substituting for the words “existing document of title” the words “existing document of strata register”.

New Seventh Schedule