Malaysia legislation
Section 6
Section 6
(2)
Any application for the approval of the Director for the subdivision of any building or land shall be made in writing in Form A of the Schedule and shall be accompanied by
—
(a)
such fee as may be prescribed;
(b)
index plan in triplicate containing the details specified in subsection (4) and certified in accordance with subsection (6);
(c)
in relation to each storey of each building, storey plan in triplicate containing the details specified in subsection (5) and certified under subsection (6);
(d)
a certified true copy of the lease to the lot;
(e)
a certified true copy of the schedule of parcels filed with the Commissioner under the Building Management Enactment 2026;
(f)
the particulars of parcel;
(g)
an original copy of the building plans approved by the local authority, but if such approved building plans are not available, the application shall be accompanied by —
(i)
building plans certified by an architect as having been drawn according to the actual features of the building and as truly representing those features; and
(ii)
a copy of the certificate of fitness for occupation for the building;
(h)
a copy of certificate of the super structure stage certified by the architect;
(i)
payment certificate issued by the Surveyors Board for the building or land subdivision survey;
(j)
where the land is subject to charge, the chargee’s consent in writing to the making of the application; and
(k)
such other documents as may be prescribed.
(3)
The documents under subsection (2) may be submitted in any other manner as may be determined by the Director.
(4)
Every index plan shall —
(a)
specify the number of the lot and the title number of the land comprised therein;
(b)
delineate the boundaries and boundary marks of the land and the position of all buildings on such land, showing which of those buildings are to be subdivided;
11
(c)
specify the total area of each building which is to be subdivided;
(d)
include a vertical section of each building, showing the floors and ceilings, and the height of each storey; and
(e)
contain such other details as may be determined.
(5)
Every storey plan shall —
(a)
specify the number of the lot, the title number of the land comprised in such lot, and the numbered building and numbered storey thereof to which the plan relates;
(b)
define (but without necessary to show any bearings) the boundaries of each of the proposed parcels within the storey;
(c)
indicate in respect of each such parcel the number by which it is described in Form A of the Schedule;
(d)
specify the total area of each such parcel;
(e)
distinguish such parts of the storey as are not to be included in any of the parcels but are to become part of the common property; and
(f)
contain such other details as may be determined.
(6)
The registered surveyor shall certify —
(a)
in relation to an index plan, that the plan is correct; and
(b)
in relation to a storey plan, that the plan has been compared by him with the original plans of the building made by the architect responsible for its construction and that the boundaries of the parcels shown in such storey plan are as defined in accordance with paragraph (5)(b), and that the boundaries of all the proposed parcels shown in such index plan and storey plan have been acknowledged by the owner to be correct and in accordance with the parcels that was sold or intended to be sold by the owner.
(7)
The Director shall, upon receiving an application under subsection (2), cause a note of the making of such application to be endorsed on the lease.
(8)
Where an accessory parcel consists of a building or parts of a building and is bounded by external walls, floors and ceilings, the dimensions and boundaries of such accessory parcel shall be shown in the index plan and storey plan in accordance with the requirements of subsections (4) and (5).
(9)
Where an accessory parcel does not consist of a building or parts of a building
—
(a)
the external boundaries of the accessory parcel shall be ascertained from the approved building plans by the local authority, and the accessory parcel shall be up to reasonable height or to the extent of any projection above or encroachment below the ground level by another part of the lot; and
(b)
the proposed index plan and storey plan shall show a diagram of the accessory parcel with similar dimensions as those shown on the approved building plans mentioned in paragraph (a).
12
(10)
Where the application under subsection (2) involves a development parcel, such application shall, in addition to the other requirements under this section, be accompanied with the owner’s written statement that he agrees to undertake the development on the development parcel and to complete the development by a specified date subject to any conditions, including any restriction on future development as may be determined and imposed by the Director.
(11)
An application for subdivision of building or land in relation to a development parcel shall, subject to such necessary modification as may be determined by the Director, be made in accordance with the provisions of this section.
(12)
Any person providing data incidental to the processing of the subsidiary title or provisional subsidiary title shall provide an accurate information to any officer exercising his duties under this Enactment.
(13)
Any person who contravenes subsection (12) commits an offence and shall, on conviction —
(a)
where the person is not a body corporate, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both; or
(b)
where the person is a body corporate, be liable to a fine not exceeding five hundred thousand ringgit.