Section 4A — Land Subsidiary Title Enactment 1972

(1)

The owner of any lease on which there is a building capable of being subdivided under section 4 shall apply in accordance with section 6, within the specified period in subsection (4), for subdivision of the building if at any time he has sold or intended to sell any parcel in such a building to any person.

(2)

Upon such application the owner shall deposit the requisite survey fees with the

Surveyors Board.

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(3)

The owner shall obtain approval of the subdivision after the occupation certificate is issued.

(4)

The specified period required under subsection (1) is as follows:

(a)

for buildings completed on a date before the commencement of this section —

(i)

if the sale is made before the date of commencement of this section, the period is six months after the date of commencement of this section;

(ii)

if the sale is made after the date of commencement of this section, the period is six months from the date of sale; or

(b)

for buildings completed on a date after the commencement of this section

—

(i)

if any sale was made before the date of completion of the building, the period is before the building is certified as fit for occupation;

(ii)

if the sale is intended to be made after the date of completion of the building, the period is before any sale can be entered into.

(5)

For the purpose of subsection (1), the owner is deemed to have sold a parcel if by an agreement in writing, he has agreed to convey, transfer, assign or otherwise dispose of his estate or interest in the parcel to another person for valuable consideration or otherwise.

(6)

For the purpose of subsection (4), the date the building is deemed to be completed shall be the date on which it is certified by the relevant authority to be fit for occupation or use.

(7)

The specified period in subsection (4), may, on application made before its expiry, be extended once by the Director by any further period not exceeding 6 months.

(8)

In the case of non-compliance with subsection (1) the owner shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand ringgit and to a

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further fine not exceeding one thousand ringgit for each day the offence continues to be committed.

Conditions for approval of subdivision.