Malaysia legislation

Section 27

of Land (Subsidiary Title) Enactment 2026

Section 27

(2)

Each owner of the subsidiary title shall be entitled to have his parcel sheltered by all such parts of the subdivided building as are capable of affording shelter and may, for the purpose of replacing, renewing or restoring any such shelter, enter upon the common property or any other parcel.

(3)

The owners and occupiers of an adjoining building shall be deemed to enjoy the right of access or right of service through the shared staircase or common area if such building —

(a)

has a Building Subdivision Authorisation under the Building Management

Enactment 2026; and

(b)

shares a staircase or any common area for access or other right of service with such adjoining building.

(4)

The rights and obligations mentioned in subsections (1), (2) and (3) shall be effective notwithstanding the absence of any memorial or notification in the register of subsidiary title, and there shall be implied in respect of them such ancillary rights and obligations as are reasonably necessary to make them effective.

(5)

In this section —

“right of support” means a right to subjacent and lateral support by the common property and by every other parcel capable of affording support; and

“right of service” means rights to the passage or provision of water, sewage, drainage, gas, electricity, garbage, artificially cooled or heated air and other services, including telephone, radio and television services, through or by means of pipe, wires, cables or ducts.

No dealings to be registered on the document of subsidiary title if contributions and other charges unpaid

Section 27 — Land (Subsidiary Title) Enactment 2026