Malaysia legislation
Section 5
Section 5
(2)
Where a building or land is issued with provisional subsidiary title —
(a)
under section 11 or 12, the owner shall, within three months after such building or land is capable of being issued with a subsidiary title; or
(b)
under section 13, the owner of the provisional subsidiary title shall, within twelve months after such building or land is capable of being issued with a subsidiary title, apply for the issuance of subsidiary title in accordance with section 6.
(3)
The period for applying a subdivision under subsection (1) are as follows:
(a)
in the case where the building is completed before the commencement of this Enactment, within six months from the date of commencement of this
Enactment, or before the sale of any parcel after the commencement of this
Enactment, whichever is the earlier; or
(b)
in the case where the building is erected after the commencement of this
Enactment, within three months from the date of the certificate issued by the architect certifying that the super structure for the building is completed.
(4)
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.
(5)
For the purpose of paragraph (3)(a), the date on which the building is or was completed shall be the date on which the certificate of fitness for occupation is issued.
(6)
For the purpose of paragraph (3)(b), the owner shall within one month from the certificate is issued by the architect, provide a copy of the said certificate to the Director.
(7)
The period specified in subsection (3) may, on an application made by the owner before the expiry of such period together with a prescribed fee, be extended once by the
Director for a period not exceeding six months.
(8)
Where an application is not made within —
(a)
the period specified under paragraph (2)(a);
(b)
the period specified under subsection (3); or
(c)
the extended period under subsection (7), the owner commits an offence and shall, on conviction, be liable to a fine of not less than two hundred fifty thousand ringgit but not more than one million ringgit and in the case of a continuing offence, to a further fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.
(9)
Where the owner of a provisional subsidiary title fails to apply for the issuance of subsidiary titles within the period specified in paragraph (2)(b), he commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.
(10)
The court may, in addition to any penalty provided for under subsection (8) or (9), order the owner to apply for subdivision of the building or land within a period specified in the order.
10
Application for subdivision of building or land