Malaysia legislation

Section 2

of Land (Subsidiary Title) Enactment 2026

Section 2

In this Enactment, unless the context otherwise requires —

“accessory parcel” means any parcel shown in an index plan and storey plan as an accessory parcel which is used or intended to be used in conjunction with a parcel;

“architect” means a person who is registered as an architect under the Architects

Act 1967 [Act 117];

“authorized officer” means a public officer authorized by the Director under section 29;

“building” means any completed building, partially completed building or building to be erected on land and capable of being subdivided into parcels under section 4;

“certificate of fitness for occupation” means any certificate issued under any written laws for the purpose of certifying that the building has been completed and is safe and fit for occupation;

“certified plan” means the certified plan prepared for a building under section 9;

“Collector” has the meaning assigned to it in section 4 of the Land Ordinance [Cap.

68];

“Commissioner” means the Commissioner of Building Management appointed under the Building Management Enactment 2026;

“common property” means so much of the lot as is not comprised in any parcel and includes —

(a)

the pipes, wires, cables, ducts or other utilities which are used or capable of being used or enjoyed, by occupiers of two or more parcels within that building or are used or capable of being used for the use or enjoyment of the common property;

(b)

conduit or the cubic space enclosed by a structure enclosing pipes, wires, cables, ducts or other utilities mentioned in paragraph (a);

(c)

any structural element of the building which includes an internal or external load-bearing component of the building that is essential to the stability of the building or part of the building, but does not include any inter-floor slab between parcels, door, window or party wall unless otherwise described in the certified plan as comprised in part of, or shown as capable of being or meant to be, an external wall of a building;

and

(d)

the waterproof membrane attached to an external wall or a roof but excluding such membranes attached to any roof deck, terrace or other external space that is included within a parcel or an accessory parcel to such parcel;

“comprehensive resolution” means a resolution which is passed with at least eighty percent of the total voting rights at a duly convened general meeting of a management corporation;

“development parcel” in relation to a phased development, means a parcel in respect of a building proposed to be, or in the course of being, erected on a building or land, for which a provisional subsidiary title may be issued;

“Director” has the meaning assigned to it in section 4 of the Land Ordinance;

“document of subsidiary title” means any document of subsidiary title registered and issued in electronic form or otherwise under this Enactment;

“Government surveyor” has the meaning assigned to it in section 2 of the

Surveyors Ordinance 1960 [No. 22 of 1960];

“index plan” means an index plan under paragraph 6(2)(b);

“landed parcel” means a unit delineated within the land subdivided under Part II, which is comprised of a building held under a subsidiary title, which may have a basement;

“lease” means any title issued under the Land Ordinance or any previous land law, but shall not include a Provisional Lease, Native Title, Field Register or temporary occupation licence;

“lot” in relation to a subdivided building or land, means the land which comprise the whole or several portions of non-contiguous land held under the lease where the building is erected or the landed parcel is situated, as the case may be, and a lot number has been assigned by the Director;

“management corporation” has the meaning assigned to it in section 2 of the

Building Management Enactment 2026;

“Minister” means the Minister charged with the responsibility for matters relating to natural resources;

“owner” in relation to a subdivided building or land, means the owner of the lease to the lot immediately before the subdivision and includes the executor or administrator of an insolvent estate, trustee in bankruptcy, liquidator, receiver and manager or such other successor in title as may be conferred by any written law;

“owner of the subsidiary title” means the owner of a parcel issued with a subsidiary title;

“parcel” means —

(a)

in relation to a subdivided building or building intended to be subdivided, one of the individual units comprised in such building;

(b)

in relation to a subdivided land, one of the individual units of a landed parcel;

and its accessory parcel;

“particulars of parcel” means the particulars of the parcels set out in Form A of the Schedule;

“provisional subsidiary title” means the provisional subsidiary title issued under section 11, 12 or 13;

“register of subsidiary title” means any register of subsidiary title maintained and kept in electronic form or otherwise under section 15;

“registered surveyor” has the meaning assigned to it in section 2 of the

Surveyors Ordinance 1960;

“Registrar” has the meaning assigned to it in section 4 of the Land Ordinance;

“schedule of parcels” has the meaning assigned to it in section 2 of the Building

Management Enactment 2026;

“storey plan” means a storey plan under paragraph 6(2)(c);

“subdivided building or land” means a building or land as subdivided under

Read in full context — Land (Subsidiary Title) Enactment 2026 →