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National Land Code (Revised - 2020)

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Enacted
2020
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National Land Code (Revised - 2020) is Malaysia Act, cited as Act 828 2020, currently marked in force and first recorded in 2020.

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Contents

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  1. PreambleAn Act to amend and consolidate the laws relating to land and land tenure, the registration of title to land and of dealings therewith and...
  2. PreambleWHEREAS it is desired to introduce in the form of a National Land Code a uniform land system within the States of Johore, Kedah, Kelantan,...
  3. Section 1Short title
  4. Section 2Application
  5. Section 3Commencement
  6. Section 4Savings
  7. Section 5Interpretation
  8. ChapterChapter 1—Powers of the Federation and of Federal Officers
  9. TextDirector General of Lands and Mines (Federal) and other
  10. Section 6Federal Officers
  11. Section 7Delegation of Minister’s powers to Director General
  12. Section 8General powers of Director General
  13. Section 9National Land Council: initiation of action with respect to certain matters
  14. Section 10Regulation of procedure, etc., of Survey and Mapping Department
  15. ChapterChapter 2—Powers of the States and of State Officers
  16. Section 11Administrative areas
  17. Section 12State Director and other State Officers
  18. Section 12(1) There shall be established a Land Executive Committee for the Federal Territory consisting of—
  19. Section 12“Land Executive Committee, Registrar and other officers
  20. Section 13Delegation of powers of State Authority to State Director, etc.
  21. Section 14Power of State Authority to make rules
  22. Section 15General powers of State Director, etc.
  23. ChapterChapter 4;
  24. Section 16Actions by and against the State Authority
  25. Section 17Power to require removal, etc., of trees
  26. Section 18Power to consolidate notices, orders and notifications
  27. (c)administer oaths and affirmations, examine any witness on oath or affirmation, summon any person before him, take and record the evidence o...
  28. (d)with the approval of the State Secretary, inspect and take copies of any documents available in any public office in the State;
  29. (e)by a notice in Form 2b, require any person or body—
  30. (i)to produce for inspection or any other purpose provided under this Act, any document of title, or other document relating to land, in his p...
  31. (f)require any application made to him pursuant to the provisions of this Act to be supported by such affidavit or statutory declaration as he...
  32. (g)exercise all other powers conferred on him by this Act, and all such powers ancillary or incidental thereto as may be reasonably necessary...
  33. (2)The Director of Survey and Mapping, the Deputy Director of Survey and Mapping and any other Survey Officer may for the purposes of this Act...
  34. (3)Any other officer appointed under subsection 12(1) and authorized by the State Director either generally or specially in that behalf may fo...
  35. ChapterChapter 3—General provisions relating to officers, etc.
  36. Section 19Information to be kept secret
  37. Section 20Purchase of land by officers, etc.
  38. Section 21Officers to be public servants
  39. Section 22Protection of officers
  40. ChapterChapter 4—Provisions relating to enquiries
  41. Section 23Interpretation
  42. Section 24Conduct of enquiry
  43. Section 25Time and place of enquiry
  44. Section 26Enquiry to be open to public
  45. Section 27Notice of enquiry
  46. Section 28Cancellation and postponement of enquiries, and change of venue
  47. Section 29Hearing of enquiry
  48. Section 30Veracity of evidence
  49. Section 31Substance of evidence and reasons for decision to be recorded
  50. Section 32Inspection of record of evidence, etc.
  51. Section 33No alteration, etc., of decision or order
  52. Section 34Re-opening of enquiry
  53. Section 35Death etc., of Land Administrator
  54. Section 36Former applications
  55. Section 37Appeal
  56. Section 38Costs of enquiry
  57. Section 39Application of Penal Code
  58. ChapterChapter 1—Property in land and powers of disposal
  59. Section 40Property in State land, minerals and rock material
  60. Section 41Powers of disposal of State Authority, and rights in reversion, etc.
  61. Section 42Powers of disposal
  62. Section 43Persons and bodies to whom land may be disposed of
  63. Section 44Extent of disposal: general
  64. Section 45Extent of disposal: minerals, rock material and forest produce
  65. Section 46Reversion, etc., to the State Authority
  66. Section 47Buildings to vest in State Authority on reversion, etc.
  67. Section 48No adverse possession against the State
  68. Section 49Effect of advance or retreat of sea, etc.
  69. Section 50Power of State Authority to vary provisions, extend time, etc.
  70. ChapterChapter 2—Classification and use of land
  71. TextClassification
  72. Section 51Classification of land
  73. Section 52Categories of land use and application thereof to lands alienated under this Act
  74. Section 53(1) This section applies to all land alienated before the commencement of this Act other than land which, immediately before that commencem...
  75. Section 54Application of categories of land use to lands alienated before commencement
  76. Section 55Application of section 53 to lands approved before commencement
  77. Section 56Application of section 54 to lands approved before commencement
  78. ChapterChapter 3—Rights of access to, and use of, alienated lands
  79. Section 57General
  80. Section 58Nature and extent of rights
  81. Section 59Notice of intended works
  82. Section 60Objection to intended works
  83. Section 61Compensation
  84. ChapterChapter 1—Reservation of land
  85. Section 62Power of reservation of State land
  86. Section 63Power to lease reserved land
  87. Section 64Revocation of reservation
  88. ChapterChapter 2—Temporary occupation of land
  89. Section 65Power to licence temporary occupation of State land, mining land and reserved land
  90. Section 66Issue of temporary occupation licences
  91. Section 67Duration, conditions, etc., and form of temporary occupation licences
  92. Section 68Temporary occupation licences not capable of transfer or transmission on death
  93. Section 69Combined temporary occupation licence and permit under
  94. ChapterChapter 3
  95. (1)Without prejudice to the generality of subsection 65(2), the purposes for which a temporary occupation licence may be issued shall include...
  96. (2)So far as it authorizes the extraction and removal of rock material from land, a temporary occupation licence shall, notwithstanding that i...
  97. ChapterChapter 3—Removal of rock material
  98. Section 70Power to permit extraction, removal and transportation of rock material
  99. Section 71Issue of permits
  100. Section 72Duration, conditions, etc., and form of permits
  101. Section 73Permits not capable of transfer or transmission on death
  102. Section 74Deposits in respect of permits
  103. Section 75Effect of permits on conditions affecting land
  104. ChapterChapter 4—Permit to use air space above
  105. TextState land and reserved land
  106. (a)such fee as may be prescribed;
  107. (b)details of the structure to be erected and maintained, and a plan thereof as approved by the appropriate planning authority; and
  108. (c)in the case of an application involving the use of air space for the purpose of erecting a structure on or over reserved land, a letter of...
  109. (2)The State Authority may, if it is satisfied that it is necessary in the circumstances of the case to allow the air space to be used for the...
  110. (2)A permit issued under this Chapter may be cancelled by the State Authority at its discretion at any time before the date of expiry of the p...
  111. (3)Where a permit is cancelled under subsection (2), there shall be paid to the person or body to which it was issued such compensation as may...
  112. ChapterChapter 1—Introductory
  113. Section 76Meaning of alienation
  114. (a)for a term not exceeding ninety-nine years; (aa) in perpetuity—
  115. (i)where the Federal Government requires the State Authority to cause a grant in perpetuity to be made to the Federal Government or to a publi...
  116. (ii)where the State Authority is satisfied that the land is to be used for a public purpose; or
  117. (iii)where the State Authority is satisfied that there are special circumstances which render it appropriate to do so;
  118. (b)in consideration of the payment of an annual rent;
  119. (c)in consideration, unless the State Authority thinks fit to exempt therefrom in any particular case, of the payment of a premium;
  120. (d)subject, unless the State Authority otherwise directs pursuant to subsection 52(5), to a category of land use determined in accordance with...
  121. (1)substitute for paragraph (a) the following paragraph: “(a) for a term not exceeding ninety-nine years, provided that any alienation exceedi...
  122. (2)delete subparagraph (aa)(i);
  123. (3)in the proviso, substitute for the words “by the State Authority before the commencement thereof” the words “under any previous land law be...
  124. (e)subject to such conditions and restrictions in interest as may be imposed by the State Authority under, or are applicable thereto by virtue...
  125. Section 77Titles under which land may be alienated
  126. (1)The titles under which State land may be alienated under this Act are—
  127. (a)Registry title and Land Office title (being forms of final title); and
  128. (b)qualified title.
  129. (2)Land may be alienated under qualified title at any time after its alienation has been approved by the State Authority, but may not be alien...
  130. (a)it has been surveyed in accordance with section 396 (whether for the purposes of the alienation in question or on some previous occasion);...
  131. (b)having been surveyed under any previous land law, it is shown on a certified plan prepared on that survey and adopted by the Director of Su...
  132. (3)Of the said forms of final title—
  133. (a)Registry title shall be appropriate in the case of—
  134. (i)town or village land; 100 Act 828 National Land Code 143 Provisions of the National Land Code Modification Section 77 In its application to...
  135. (1)in paragraph (1)(a)—
  136. (a)delete the words “and Land Office title”; and
  137. (b)substitute for the word “forms” the word “form”;
  138. (2)in subsection (2), substitute for the words “either of the forms” the words “the form”;
  139. (3)delete subsection (3) and its proviso.
  140. (ii)any lot of country land exceeding four hectares in area; and
  141. (iii)any part of the foreshore or seabed; and
  142. (b)Land Office title shall be appropriate in the case of any lot of country land not exceeding four hectares in area: Provided that—
  143. (i)the State Authority may if it thinks fit, on approving the alienation of any country land, direct that the land shall ultimately be held un...
  144. (ii)the foregoing provisions shall have effect subject to section 11 of the Land (Group Settlement Areas) Act 1960, under which Land Office tit...
  145. Section 77a(Deleted by Act A615).
  146. Section 78How alienation is effected
  147. (1)The alienation of State land under final title shall be effected in accordance with the provisions of Chapter 3.
  148. (2)The alienation of State land under qualified title shall be effected in accordance with the provisions of Chapter 2 of Part Eleven.
  149. (3)The alienation of State land shall take effect upon the registration of a register document of title thereto pursuant to the provisions ref...
  150. ChapterChapter 2—Approval of land for alienation
  151. Section 79General provisions relating to approvals
  152. Section 80Supplementary provisions relating to approvals
  153. Section 81Items of land revenue payable on approval
  154. Section 82Power to require payment of deposit
  155. ChapterChapter 3—Alienation under final title
  156. TextSurvey for purposes of alienation under final title
  157. Section 84Recomputation of items of land revenue after survey
  158. Section 85Register and issue documents of title
  159. Section 86Form of documents for Registry title
  160. Section 87Form of documents for Land Office title
  161. Section 88Registration of register documents of title
  162. Section 89Conclusiveness of register documents of title
  163. Section 90Issue of issue documents of title
  164. Section 91Exemption of documents of title from stamp duty
  165. Section 92Indefeasibility of final title, and rights of dealing, etc.
  166. (2)The Director of Survey and Mapping may if he thinks it necessary or desirable to do so in the circumstances of any particular case authoriz...
  167. (3)Where it appears to the Director of Survey and Mapping that the area enclosed by the boundaries determined on any such survey is substantia...
  168. (4)No person to whom any land is alienated under this Act shall have any claim against the State Authority on the ground that the area in fact...
  169. ChapterChapter 1—General
  170. Section 93Rent to be a debt due to State Authority
  171. Section 94When rent due, and when in arrear
  172. Section 95Where rent payable
  173. Section 96Computation of rents
  174. ChapterChapter 2—Collection of arrears of rent
  175. Section 97Notice of demand
  176. Section 98Right of chargees, lessees, etc., to pay sum demanded
  177. Section 99Effect of payment of sum demanded
  178. Section 100Forfeiture for non-payment of sum demanded
  179. ChapterChapter 3—Revision of rent
  180. Section 101Power of State Authority to revise rents periodically
  181. Section 102Power in respect of lands alienated before commencement
  182. Section 103Interpretation and scope
  183. Section 104Conditions and restrictions in interest to run with the land
  184. Section 105Duration of conditions and restrictions in interest
  185. Section 106Time to be of the essence of fixed-term conditions of a positive character
  186. Section 107Extension of time for compliance with fixed-term conditions of a positive character
  187. Section 108Conflict with local by-laws, etc.
  188. ChapterChapter 2—Summary of conditions and restrictions in interest affecting alienated lands
  189. TextLands Alienated under This Act
  190. Section 109Conditions, etc., applicable on alienation
  191. Section 110Conditions, etc., applicable as from commencement
  192. Section 111Conditions, etc., applicable after category of land use imposed under section 54
  193. Section 112(1) This section applies to all land alienated under this Act pursuant to an approval given by the State Authority before the commencement...
  194. Section 113Manner in which changes may be effected
  195. ChapterChapter 3—Implied conditions
  196. TextBoundary Marks
  197. Section 114Implied conditions affecting all alienated land
  198. Section 116(1) Where any alienated land is subject by virtue of any provision of this Act to the category “building”, the following implied conditions...
  199. Section 116a(Deleted by Act A615). 147 Category: Industry Implied conditions affecting land subject to the category “industry”
  200. Section 117(1) Where any alienated land is subject by virtue of any provision of this Act to the category “industry”, the following implied conditions...
  201. Section 118Implied condition affecting agricultural land alienated under qualified title
  202. Section 119Implied condition affecting land alienated before commencement for padi cultivation
  203. ChapterChapter 4—Express conditions and restrictions in interest
  204. TextGeneral Powers Upon Alienation
  205. Section 120Imposition of express conditions and restrictions in interest on alienation under this Act
  206. Section 121Category: Agriculture
  207. Section 122Categories: Building and Industry
  208. Section 123Imposition of express conditions on land becoming subject to a category under section 54
  209. Section 124Power of State Authority to vary conditions, etc., on application of proprietor
  210. ChapterChapter 5—Enforcement of conditions
  211. Section 125When a breach of condition arises
  212. Section 126Breach of complex condition
  213. Section 127Liability to forfeiture for breach of condition
  214. Section 128Summary action to secure remedying of breach of condition
  215. Section 129Action to enforce forfeiture for breach of condition
  216. Section 130Forfeiture to take effect upon notification in the Gazette
  217. Section 131Effects of forfeiture
  218. Section 132Land not to be re-alienated, etc., during period for appeal against forfeiture
  219. Section 133(1) Any person or body who was the proprietor of any alienated land immediately before its forfeiture under this Act may at any time apply...
  220. Section 134Appeals against forfeiture
  221. ChapterChapter 1—Subdivision of lands
  222. TextPower of proprietor to subdivide with approval of State
  223. Section 135Director or Land Administrator
  224. Section 136Conditions for approval of subdivision
  225. Section 137Applications for approval
  226. Section 138Powers of Land Administrator or State Director in relation to applications
  227. Section 139Issue of title to subdivisional portions
  228. ChapterChapter 2—Partition of lands
  229. TextPowers of co-proprietors to partition with approval of State
  230. Section 140Director, Land Administrator or State Authority
  231. Section 141Conditions for approval of partition
  232. Section 142Applications for approval
  233. Section 143Powers of Land Administrator or State Director in relation to applications
  234. Section 143a(1) The State Authority may, upon giving due consideration to the application referred to it pursuant to subsection 142(5) and in the case...
  235. Section 144Issue of title to individual portions
  236. Section 145Power of Court to facilitate termination of co-proprietorship
  237. ChapterChapter 3—Amalgamation of lands
  238. TextPower of proprietor to amalgamate contiguous lots with approval of State Director or Land Administrator
  239. Section 146(1) Any person in whom two or more contiguous lots of alienated land are vested under separate Registry or Land Office titles may, with the...
  240. Section 147Conditions for approval of amalgamation
  241. Section 148Applications for approval
  242. Section 149Powers of Land Administrator or State Director in relation to applications
  243. Section 150Issue of title to combined area
  244. ChapterChapter 4—Subdivision of buildings 151—157. (Repealed by Act 318).
  245. TextPart Nine (A)—POWERS OF ATTORNEY
  246. (2)An application by a donee of a power of attorney under subsection (1) shall be accompanied by—
  247. (3)The donee of a power of attorney under subsection (1) shall, notwithstanding anything contained in the power of attorney, have the power to...
  248. (4)The Land Administrator may require from the donee of a power of attorney under subsection (1) or the donor thereof a statutory declaration...
  249. ChapterChapter 1—The registers
  250. Section 158Registry title—the register of grants and the register of State leases
  251. ChapterChapter 4, shall be bound up in a book of the appropriate series and serially numbered therein:
  252. TextProvided that where it is appropriate to issue a title in continuation in the form of multileaf title, the Registrar shall open two new series of books to be known respectively as—
  253. Section 159Land Office title—the Mukim Registers
  254. Section 160Saving for existing registers
  255. Section 160aDefinition of “new district”
  256. (a)the register of multileaf grants; and
  257. (b)the register of multileaf State leases.
  258. (2)The reference in subsection (1) to the registration of grants and State leases in continuation of title is a reference to their registratio...
  259. ChapterChapter 2—The subsidiary register 161—163. (Repealed by Act 318).
  260. TextNational Land Code 273
  261. ChapterChapter 3—Final title in continuation of final title
  262. TextIntroductory
  263. Section 164When title in continuation may be issued under this Chapter
  264. Section 165General provisions with respect to documents in continuation
  265. Section 166Circumstances in which title in continuation may be issued to land as a whole
  266. Section 167Preliminary procedure in circumstances described in paragraph 166(1)(a) or (e)
  267. Section 168Preliminary procedure in circumstances described in paragraph 166 (1)(c) or (d)
  268. Section 169Costs of issuing title in continuation to land as a whole
  269. Section 170Form and content of documents in continuation of title to land as a whole
  270. Section 171Preliminary procedure in cases of subdivision
  271. Section 172Preliminary procedure in cases of partition and amalgamation
  272. Section 173Form and content of documents in cases of subdivision, partition and amalgamation
  273. Section 174Cancellation, etc., of subsisting documents of title
  274. Section 175(1) Where the Registrar or Land Administrator is empowered to issue title in continuation to any land as a whole by reason of the circumsta...
  275. ChapterChapter 4—Replacement of register document of final title
  276. Section 175aPower to replace register document of title where the register is lost, etc.
  277. (1)Where any register document of final title (including the subsidiary register) is lost, or wholly or partially destroyed or any entry there...
  278. (a)cause a notice to be published in the Gazette in Form 10e; and
  279. (b)cause copies of the notice to be served on every person or body, if known, having a registered interest in the land registered in the origi...
  280. (2)Upon publication in the Gazette of the notice under subsection (1) no Registrar or Land Administrator shall—
  281. (a)accept for registration any instrument of dealings affecting; or
  282. (b)enter any private caveat or lienholder’s caveat under section 322 or 330 in respect of, land registered in the original register until the...
  283. (a)the proprietor of land registered in the original register or his representative and any person or body having a registrable interest in th...
  284. (b)any person or body who is in possession of the issue document of title to the land registered in the original register, shall deliver the s...
  285. (2)The Registrar or Land Administrator shall retain any issue document of title delivered to him pursuant to subsection (1) and shall acknowle...
  286. (2)The provisional register document of title to be prepared under subsection (1) shall—
  287. (a)in the case of land held under Registry title, consist of a Grant or State Lease, according as the land is held in perpetuity or for a term...
  288. (1)delete the words “or Land Administrator” wherever they appear;
  289. (2)in subsection (2)—
  290. (a)at the end of paragraph (a), insert the word “and”; and
  291. (b)delete paragraph (b);
  292. (3)in paragraph (3)(a), delete the words “is a certificate”.
  293. (b)in the case of land held under Land Office title, consist of a Mukim Grant or Mukim Lease, according as the land is held in perpetuity or f...
  294. (c)in the case of any parcel of a building held under subsidiary title, consist of a document in Form 4 in the First Schedule to the Strata Ti...
  295. (3)The provisional register document of title shall bear an endorsement of the word “provisional” in a prominent form and shall contain—
  296. (a)except in so far as they relate to matters which have ceased to be effective, the like memorials endorsements and other entries as are cont...
  297. (b)such entries relating to the name of proprietor, the name of any person or body having a registrable interest in the land, the nature and e...
  298. (4)Upon the completion of the preparation of the provisional register document of title, the Registrar or Land Administrator shall sign, seal...
  299. (a)cause a notice in Form 10h to be published in the Gazette;
  300. (b)cause copies of the notice to be served on every person or body who applied under paragraph 175b(1)(a), and to be published in accordance w...
  301. (1)in subparagraph (1)(c), delete the words “or Land Office, as the case may be”;
  302. (2)delete the words “or Land Administrator” wherever they appear.
  303. (c)cause the provisional register document of title to be opened for public inspection without payment at any time during normal office hours...
  304. (2)A note of the publication in the Gazette of the notice under subsection (1) shall be endorsed by the Registrar or Land Administrator on the...
  305. (a)has an interest in the land to which the provisional register document of title relates; and
  306. (b)wishes to object to any entry therein or to any omission thereof, may do so within a period of three months from the date of publication in...
  307. (2)The Registrar or Land Administrator shall as soon as may be after the expiry of the period specified in subsection (1), hold an enquiry int...
  308. (a)the proprietor and the person or body having registrable interest in the land whose name was entered in the provisional register document o...
  309. (b)the persons or bodies who lodged an objection under subsection (1), shall be entitled to be heard or to adduce evidence at such enquiry (an...
  310. (2)If there has been an objection under subsection 175e(1), the Registrar or Land Administrator shall after the final decision thereon give ef...
  311. (3)The provisional register document of title authenticated under subsection (1) or (2) shall be deemed to be register document of title prepa...
  312. (4)For the purpose of the issue of title under this Chapter, the issue document shall be in the form appropriate under this Act or the Strata...
  313. (5)Sections 89 to 91 shall apply to documents prepared under this Chapter as they apply to documents of final title prepared on alienation und...
  314. (6)On issuing any issue documents of title under this Chapter, the Registrar or Land Administrator shall make a memorial thereof on the regist...
  315. (6a)The former issue document of title shall thereupon be stamped with the word “CANCELLED”, signed and sealed and—
  316. (a)shall be destroyed on the expiry of one year after issuance of the issue document of title under this Chapter; or
  317. (b)shall be retained by the Registrar or the Director General of Lands and Mines for the purposes of research; or
  318. (c)shall be kept in any archive, library or museum.
  319. (7)In this section, “final decision” means the decision of the Registrar or Land Administrator in case where there is no appeal or the decisio...
  320. Section 176Purposes and effect of qualified title
  321. (1)The purposes of qualified title are—
  322. (a)to enable land to be alienated in advance of survey;
  323. (b)to enable title to be issued in advance of survey—
  324. (i)to the individual portions into which any alienated land is to be subdivided or partitioned pursuant to Chapter 1 or 2 of Part Nine; or 206...
  325. (1)substitute for subsection (1) the following subsection: “(1) The form of qualified title shall be a form corresponding to Registry title.”;
  326. (2)in paragraph (2)(a), delete the words “or 11b” and “or that corresponding to Land Office title”. Act 828 National Land Code National Land C...
  327. (ii)to the combined area to be formed by the amalgamation of any such lands pursuant to Chapter 3 of that Part.
  328. (2)Qualified title shall confer on the proprietor the like rights in every respect as those conferred (as mentioned in section 92) by final ti...
  329. (a)the boundaries of the land shown on the document of title thereto shall be provisional only except so far as any of them may have been esta...
  330. (b)unless otherwise provided for under this Act, the land shall not be capable of being subdivided or partitioned, or included in any amalgama...
  331. (3)The alienation of land under qualified title, and the issue of qualified title in cases of subdivision, partition and amalgamation, shall b...
  332. Section 177Forms of qualified title, and documents of title appropriate thereto
  333. (1)There shall be two forms of qualified title, that is to say—
  334. (a)a form corresponding to Registry title; and
  335. (b)a form corresponding to Land Office title: Provided that where it is appropriate to issue a title in continuation in the form of a multilea...
  336. (2)Documents of qualified title shall consist of—
  337. (a)a register document of title which shall be in Form 11a or 11b, according as the land in question is to be held under the form of qualified...
  338. (b)an issue document of title which shall be a copy of the register document.
  339. (3)(Deleted by Act A587).
  340. Section 178Preparation, registration and issue of documents of qualified title
  341. (1)Documents of qualified title shall be prepared, registered and issued by the Registrar in the case of the form of qualified title correspon...
  342. (2)The registration of register documents of qualified title shall consist of their authentication under the hand and seal of the Registrar or...
  343. (3)Sections 89 to 91 shall apply to documents of qualified title as they apply to documents of final title: Provided that, where any issue doc...
  344. Section 179Registers of qualified title
  345. (1)Registers of qualified title shall be prepared and maintained for the purposes of this Act by the Registrar and every Land Administrator. 2...
  346. (1)in subsection (1), delete the words “, and by the Land Administrator in the case of that corresponding to Land Office title”;
  347. (2)in subsection (2), delete the words “or Land Administrator, as the case may be” and “or Land Administrator”. Section 179 In its application...
  348. (1)in subsection (1), delete the words “and every Land Administrator”;
  349. (2)delete subsection (3);
  350. (3)in subsection (4), substitute for the words “subsections (2) and (3)” the words “subsection (2)”.
  351. (2)In the case of the Registrar—
  352. (a)a separate register shall be prepared and maintained in respect of each district within the State;
  353. (b)every such register shall consist of a series of books relating to land within the district held under the form of qualified title correspo...
  354. (c)every register document of title in Form 11a prepared by him for registration under this Act (whether on the alienation of land thereunder...
  355. (3)In the case of any Land Administrator—
  356. (a)a separate register shall be prepared and maintained in respect of each mukim within his district;
  357. (b)every such register shall consist of a series of books relating to land within the mukim held under the form of qualified title correspondi...
  358. (c)every register document of title in Form 11b prepared by him for registration under this Act (whether on the alienation of land thereunder...
  359. (4)The references in subsections (2) and (3) to the preparation of register documents in continuation of title are references to their prepara...
  360. ChapterChapter 3.
  361. TextNational Land Code 311
  362. ChapterChapter 2—Alienation under qualified title
  363. Section 180Qualified title to be registered and issued upon approval of alienation
  364. Section 181Procedure prior to registration and issue of qualified title
  365. Section 182Rent to be paid on basis of approved area
  366. ChapterChapter 3—Final title and qualified title in continuation
  367. TextOn Subdivision, Partition and Amalgamation of
  368. Section 183Subdivision
  369. Section 184Partition
  370. Section 185Amalgamation
  371. Section 186Contents of documents prepared on subdivision, partition or amalgamation
  372. Section 187Power to issue title in continuation where register document full up, etc.
  373. Section 187aPower to replace register document of qualified title where the register is lost, etc.
  374. Section 188Cancellation, etc., of subsisting documents of title
  375. ChapterChapter 4—Conversion of qualified title into final title
  376. Section 189Conversion to take place after survey
  377. Section 190Procedure in case of land alienated under qualified title
  378. Section 191Procedure in case of land held under qualified title on subdivision, etc.
  379. Section 192Preparation, registration and issue of documents of final title
  380. Section 193Contents of documents of title
  381. Section 194Cancellation, etc. of subsisting documents of title
  382. Section 195Director or Land Administrator
  383. Section 196Conditions for approval of surrender
  384. Section 197Applications for approval of surrender of whole
  385. Section 198Procedure on applications
  386. Section 199Revesting of land and destruction of issue document
  387. Section 200Applications for approval of surrender of part
  388. Section 201Procedure on applications
  389. Section 202Revesting of part surrendered, and resurvey of part retained
  390. Section 203Applications for surrender and re-alienation, and procedure thereon
  391. Section 204Procedure for re-alienation
  392. Section 205Dealings capable of being effected, and persons capable of taking thereunder
  393. Section 206Need for proper instrument of dealing, duly registered
  394. Section 207Form of instruments of dealing
  395. Section 208Instruments to contain description, etc., of parties
  396. Section 209Instruments to contain proper description of land affected
  397. Section 210Execution of instruments of dealing
  398. Section 211Attestation of instruments of dealing
  399. Section 212Inclusion in one instrument of dealings affecting different lands
  400. Section 213Special provisions with respect to tenancies exempt from registration
  401. Section 214What may be transferred, and restrictions on exercise of powers
  402. Section 215Form, and effect generally, of transfer of land
  403. Section 216Additional provisions with respect to lands transferred subject to leases, charges, etc.
  404. Section 217Form and effect of transfer of undivided share
  405. Section 218Form of transfer of lease or charge
  406. Section 219Effect of transfer of lease or charge
  407. Section 220Form and effect of transfer of exempt tenancy
  408. ChapterChapter 1—Powers of leasing, etc.
  409. Section 221Power of proprietors to lease for terms exceeding 3 years
  410. Section 222Power of lessees and sublessees to sublet for terms exceeding 3 years
  411. Section 223Power of proprietors, lessees, etc., to grant tenancies not exceeding 3 years
  412. Section 224Calculation of terms of leases and tenancies
  413. Section 225General restrictions on powers conferred by this Chapter
  414. Section 226Additional restriction where land or lease subject to prior charge
  415. Section 227Effect of leases and tenancies
  416. Section 228Options for renewal, or for purchase of reversion
  417. ChapterChapter 2—Express and implied provisions
  418. Section 229Incorporation of agreements set out in Sixth Schedule
  419. Section 230Agreements implied in all leases and subleases
  420. Section 231Agreements by lessees and sublessees implied in absence of contrary intention
  421. Section 232Agreements by lessors and sublessors implied in absence of contrary intention
  422. Section 233Construction of implied agreements to keep “in repair”
  423. ChapterChapter 3—Forfeiture
  424. Section 234Power of forfeiture
  425. Section 237Relief against forfeiture
  426. Section 238Relief to persons and bodies having dependent interests
  427. ChapterChapter 4—Determination of leases and tenancies
  428. Section 239Surrender
  429. Section 240Determination otherwise than by surrender
  430. ChapterChapter 1—Creation of charges, and general provisions relating thereto
  431. Section 241Powers of charging
  432. Section 242Form of charges
  433. Section 244Custody of issue document of title or duplicate lease
  434. Section 246Tacking of further advances
  435. Section 247Postponement of charges
  436. Section 248Application of this Part to existing charges
  437. ChapterChapter 2—Implied provisions
  438. Section 249Agreements by chargor implied in all charges
  439. Section 251In every charge created under this Act, there shall, in the absence of any express provision therein to the contrary, be implied on the par...
  440. Section 252Construction of implied agreements to keep “in repair”
  441. ChapterChapter 3—Remedies of chargees: Sale
  442. TextIntroductory
  443. Section 253Purpose and scope of this Chapter
  444. Section 254Service of default notice, and effect thereof
  445. Section 255Special provision with respect to sums payable on demand
  446. Section 256Application to Court for order for sale
  447. Section 257Matters to be dealt with by order for sale
  448. Section 258Procedure prior to sale
  449. Section 259Procedure at sale
  450. Section 260Application to Land Administrator for order for sale
  451. Section 261Land Administrator to hold enquiry
  452. Section 262Provisions as to enquiry
  453. Section 263Order for sale, and matters to be dealt with thereby
  454. Section 264Procedure prior to sale
  455. Section 265Procedure at sale
  456. Section 266Right of chargor to tender payment at any time before sale
  457. Section 267Effects of sale
  458. Section 267aApplication of deposit upon failure to settle purchase price, etc.
  459. Section 268Application of purchase money
  460. Section 269Protection of purchasers
  461. ChapterChapter 4—Remedies of chargees: Possession
  462. TextLimited Application of Powers under this Chapter
  463. Section 270Limitation of powers to certain lands, and to first chargees only
  464. Section 271Power of chargee to take possession on any default by chargor
  465. Section 272Procedure for taking possession
  466. Section 273Duration of right to possession
  467. Section 274Position of chargee in possession
  468. Section 275Power of chargee in possession to grant leases and accept surrenders
  469. Section 276Provisions as to notices by chargees to receive rents
  470. Section 277Application of rents and profits by chargees in possession
  471. ChapterChapter 5—Discharge
  472. Section 278Discharge otherwise than by payment
  473. Section 279Discharge by payment to Registrar in cases of death, absence or disability
  474. ChapterChapter 6—Liens
  475. Section 281Creation, and effect, of liens
  476. ChapterChapter 1—Creation
  477. Section 282Meaning of “easement”
  478. Section 283Rights able to be granted as easements
  479. Section 284Necessity for express grant
  480. Section 285Restrictions on power to grant
  481. Section 286Form, and effect, of grants
  482. Section 287Enjoyment of easements by lessees, tenants and chargees in possession
  483. ChapterChapter 2—Release, extinguishment and cancellation
  484. Section 289Release of easement by dominant proprietor
  485. ChapterChapter 1—Presentation of instruments for registration
  486. Section 292Instruments capable of being registered, and method of presentation therefor
  487. Section 293Fees to accompany instruments so presented
  488. Section 294Documents to accompany instruments so presented
  489. Section 295Entry of instruments in Presentation Book
  490. Section 296Withdrawal of instruments
  491. ChapterChapter 2—Procedure generally
  492. TextRegistrar to determine fitness for registration, and register if fit and accompanied by necessary documents 297.
  493. Section 298Rejection or suspension for unfitness, or absence of certain documents
  494. Section 299Procedure in absence of other documents
  495. Section 300Instruments to be dealt with in order of presentation
  496. (a)subject to Part Nineteen, if the instrument is fit for registration, and accompanied by the documents required by section 294, to register...
  497. (b)if the instrument is not fit, or is not accompanied by the necessary documents, to proceed in accordance with section 298 or 299, as approp...
  498. ChapterChapter 3—Determination of fitness for registration
  499. TextWhen an instrument is fit for registration 301.
  500. Section 302Enquiries, etc., by Registrar
  501. (a)that it is one of the classes of instrument set out in subsection 292(1) as authorized to be so registered;
  502. (b)that it complies with—
  503. (i)the provisions of Part Thirteen as to the form, content, execution and attestation of instruments of dealing generally, and the persons and...
  504. (c)that the dealing which it effects is not contrary to any prohibition or limitation imposed by this Act or any other written law for the tim...
  505. (d)that it does not declare or, except as permitted by section 344, disclose the existence of any trust; and
  506. (e)that it is duly stamped in accordance with the provisions of the Stamp Act 1949: Provided that where a certificate of sale has been given t...
  507. (1)in the proviso, delete the words “or 265(4)”;
  508. (2)insert after the proviso, the following further proviso: “Provided further that any instrument executed and fit for registration under any...
  509. ChapterChapter 4—Manner of registration
  510. Section 304How instruments to be registered, and time from which registration effective
  511. Section 305Other action by Registrar in connection with registration
  512. Section 307Additional endorsements to be made pursuant to section 305
  513. ChapterChapter 5—Powers of Attorney
  514. Section 309Documents to accompany instruments executed under power of attorney
  515. Section 310Procedure in respect of instruments so executed
  516. ChapterChapter 6—Cancellation of registration
  517. Section 312Summary of Registrar’s powers of cancellation
  518. Section 313Cancellation of leases and subleases on determination otherwise than by surrender
  519. Section 314Cancellation of charges discharged by payment
  520. Section 315Cancellation of easements where extinguished by merger, time-expired, obsolete, etc.
  521. ChapterChapter 7—Endorsement of exempt tenancies
  522. Section 316Applications for endorsement
  523. Section 317Procedure on application
  524. Section 318Cancellation of endorsement
  525. ChapterChapter 1—Caveats
  526. TextREGISTRAR’S CAVEATS
  527. Section 319Nature and effect of Registrar’s caveats
  528. Section 320Circumstances in which Registrar’s caveats may be entered
  529. Section 321Procedure with respect to Registrar’s caveats and duration thereof
  530. Section 322Nature and effect of private caveats
  531. Section 323Applications for entry of private caveats
  532. Section 324Procedure on applications
  533. Section 325Withdrawal of private caveats
  534. Section 326Removal of private caveats by Registrar
  535. Section 327Removal of private caveats by the Court
  536. Section 328Lapse of private caveats
  537. Section 329Compensation for wrongful caveats, and limitation on repeated applications
  538. Section 330Creation and effect of lienholders’ caveats
  539. Section 331Determination of lienholders’ caveats
  540. Section 332Nature and effect of trust caveats
  541. Section 333Creation of trust caveats and duration thereof
  542. ChapterChapter 2—Prohibitory orders
  543. TextMeaning of “prohibitory order”
  544. Section 334In this Chapter, “prohibitory order” means, where land or an interest in land held by a judgment debtor is to be sold in execution proceedi...
  545. Section 335Prohibitory orders ineffective until entered by Registrar
  546. Section 336Effect of prohibitory orders
  547. Section 337Sale of land or interest subject to prohibitory order
  548. Section 338Lapse of prohibitory order by expiry of time
  549. Section 339Other methods of determination
  550. Section 340Registration to confer indefeasible title or interest, except in certain circumstances
  551. ChapterChapter 1—Co-proprietorship
  552. Section 342Meaning of co-proprietorship, and when it arises
  553. Section 343Incidents of co-proprietorship
  554. ChapterChapter 2—Trusts
  555. Section 344Registration as trustee or trustees, and deposit of trust instrument
  556. Section 345Survivorship
  557. Section 346Registration of personal representatives
  558. Section 347Effects of registration
  559. Section 348Small estates distribution orders
  560. Section 349Registration of Director General of Insolvency
  561. Section 350Effect of disclaimer, discharge, etc.
  562. Section 351Reversion to or vesting in State Authority on proprietor’s death without successors
  563. Section 352Reversion to State Authority on abandonment of title by proprietor
  564. Section 353Resurvey of land alienated before commencement by reference to natural feature boundaries
  565. Section 354Procedure (including appeal) after resurvey, and provision as to costs
  566. Section 375Safe keeping of registers, etc.
  567. Section 376Supply of forms, and issue of guidance notes, etc.
  568. Section 377Marking of instruments, and power to require thumbprints, etc.
  569. Section 378Changes of name by proprietors, etc.
  570. Section 379Changes of address by proprietors, etc.
  571. Section 380Correction of errors in documents of title, etc.
  572. Section 381Cancellation of obsolete entries, and bringing of documents of title up to date
  573. Section 382Supplementary provisions as to amendments, corrections and cancellations
  574. Section 383Certified copies of documents of title, etc.
  575. Section 385Official searches
  576. Section 388Land Administrator’s rights of way
  577. Section 389Characteristics of Land Administrator’s rights of way
  578. Section 390Creation of right
  579. Section 391Procedure on creation of right
  580. Section 393Compensation
  581. Section 394Sharing of right by adjacent proprietors
  582. Section 395Extinction of right
  583. Section 396Manner in which survey is to be carried out
  584. Section 397Control and supervision of officers
  585. Section 398Powers of Director of Survey and Mapping
  586. Section 399Duties of Director of Survey and Mapping
  587. Section 400Notice to secure attendance for purpose of pointing out boundaries, etc.
  588. Section 401Notice to clear boundaries
  589. Section 404Removal and alteration of boundary marks
  590. Section 405Replacement of boundary marks which are damaged, etc.
  591. Section 405aReplacement of survey reference marks which are damaged, etc.
  592. Section 406Compensation for damage
  593. ChapterChapter 2—Deposited plans
  594. TextNature of deposited plan 410.
  595. Section 411Description of land by reference to deposited plan
  596. Section 412Copies of deposited plans
  597. Section 415(1) A transferee, or a person lawfully entitled to do so on his behalf, may apply to the Registrar—
  598. Section 416Substitution of transferee for transferor in documents of entitlement
  599. Section 417General authority of the Court
  600. Section 418Appeals to the Court
  601. Section 419Power of Registrar and Land Administrator to refer questions to the Court
  602. Section 420Registration of vesting orders
  603. Section 421Taking of proceedings in name of proprietor, etc.
  604. Section 422Any person who—
  605. Section 424Penalty for failure to produce documents
  606. Section 425Unlawful occupation, etc., of State land, reserved land or mining land
  607. Section 426Unlawful extraction or removal of rock material
  608. Section 426aPower of arrest, seizure, etc.
  609. Section 427Unlawful grazing of animals
  610. Section 428Obstruction of Land Administrators’ rights of way, roads and other public places
  611. Section 431Methods of service
  612. Section 432Substituted service
  613. Section 433e(1) Subject to any written law, a person or body desiring to convey or dispose of, in a manner other than those specified in subsection 433...
  614. Section 433hNon-application of this Part, etc.
  615. Section 434Determination, and payment, of compensation under this Act
  616. Section 435Rules relating to rice cultivation
  617. Section 437Form of Presentation Book
  618. Section 438Repeal and amendment of existing laws
  619. Section 439Modifications for Penang and Malacca
  620. Section 441Any rule, order, regulation, direction, notice or notification made, given or issued before the commencement of this Act under any previous...
  621. Section 444Any instrument executed before the commencement of this Act and effecting any dealing permitted under the instrument may be presented for r...
  622. Section 445Power of State Authority to make additional transitional provisions, etc.
  623. Section 447Saving for rules of court, and procedure in cases not provided for
  624. (a)certified by the Director of Survey and Mapping as a true and correct plan of the land;
  625. (b)identified by a reference number allotted to it by the Director of Survey and Mapping;
  626. (c)dated; and
  627. (d)deposited in the office of the Director of Survey and Mapping.
  628. PreambleWhereas it is necessary for me to inspect the following document/s relating to land, that is to say: .........................................
  629. Schedule(1) This licence shall commence on ……………………………………………… and expire on *31 December/ ……………...…………………………………. (2) This licence *is not capable/i...
  630. Schedule(1) This licence is for a term of …………………expiring …………………….. (2) The maximum quantity of rock material which may be extracted shall be— (i)...
  631. Schedule(1) This permit shall commence on .................................................. and expire on *31 December/ ……….…........................
  632. ScheduleSchedule Of Land District …………………………………………………..…………………………... *Town/Village/Mukim …………………………………..………………………….. Lot No. …………………………………..Area of...
  633. Schedule*Town/Village/Mukim of …………………………………………............… Description and No. of Title Lot No. Area Remarks For Official Use Only (A) Rent for t...
  634. Schedule*Town/Village/Mukim …………………*Lot/Parcel/L.O. No. …...………..… Description and No. of Title ……………………Area ………………...……… *Delete as appropriate 46...
  635. ScheduleDistrict *Town/Village/ Mukim Description and No. of Title *Lot No./ Area *Delete as appropriate National Land Code Form 10f [Subsection 17...
  636. ScheduleDistrict *Town/Village/ Mukim Description and No. of Title *Lot No./ Area *Delete as appropriate 469 National Land Code 713 Provisions of t...
  637. ScheduleDistrict *Town/Village/ Mukim Description and No. of Title *Lot No./ Area Registered proprietor Particulars of interest, if any *Delete as...
  638. ScheduleDistrict *Town/Village/ Mukim Description and No. of Title *Lot No./ L.O. Area *Delete as appropriate National Land Code Form 11a [Section...
  639. Schedule*Town/Village/Mukim ……………………………………………………………… *Lot/L.O. No. ……..…………………………………………………...……………. Description and No. of Title ………………………………………………...
  640. ScheduleDistrict *Town/Village/ Mukim Description and No. of Title *Lot No./ Area *Delete as appropriate For Official Use Only (A) Rents for the cu...
  641. ScheduleDistrict *Town/Village/ Mukim Description and No. of Title *Lot No./ Area *Delete as appropriate For Official Use Only (A) Rents for the cu...
  642. ScheduleSCHEDULE OF LAND *AND INTEREST *Town/ Village/ Mukim *Lot/ Parcel/ Description and No. of Title Share of land (if any) Registered No. of *l...
  643. Schedule*Town/ Village/ Mukim *Lot/Parcel/ Description and No. of Title *Lease/Tenancy/ Charge (if any) over land in *Part I/Part II Part I (Servie...
  644. Schedule*Town/ Village/ Mukim *Lot/ Parcel/ L.O. Description and No. of Title *Lease/ Tenancy/ Charge (if any) over land in *Part I/ Part II Part I...
  645. Schedule*Town/ Village/ Mukim *Lot/ Parcel/ Description and No. of Title Part I (Servient Land) (1) (2) (3) Part II (Dominant Land) *Delete as appr...
  646. Schedule*Town/Village/Mukim .................................*Lot/Parcel/L.O. No. ............................ Description and No. of Title...........
  647. Schedule*Town/Village/Mukim .................................*Lot/Parcel/L.O. No. ............................ Description and No. of Title...........
  648. ScheduleTown/Village/Mukim.........................................*Lot/L.O. No. ................................ Description and No. of Title........
  649. ScheduleMukim ..................................................*Lot/L.O. No. ...……................................. Description and No. of Title.....
  650. ScheduleWhere the address of the person claiming under this statutory vesting is outside the Federation, an address within the Federation for the s...
  651. ScheduleWhere the address of the person claiming under this statutory vesting is outside the Federation, an address within the Federation for the s...
  652. Schedule– Form 5Ee In its application to the Federal Territory of Labuan, this Form is deleted. National Land Code National Land Code 957 [Bar Code...
  653. Schedule(1) This licence shall commence on ……………. and expire on *31 December/ …………………………………………………………………………………..…… (2) This licence *is not capable/...
  654. Schedule(1) This licence is for a term of ……………….. expiring ……………… (2) The maximum quantity of rock material which may be extracted shall be— (i) …...
  655. Schedule(1) This permit shall commence on ………………………………….. and expire on *31 December/…………………………………………………………………..…… (2) No rock material may be extr...
  656. Schedule(1) This permit shall commence on ……………………………...….. and expire on ………………………………………………………..………………………… (2) The air space over the *State land/...
  657. ScheduleFull stop at the end of the Ordinances, Enactments and Proclamation omitted paragraph 6(1)(xvi) Twelfth Schedule paragraph 2 Words “subpara...

Common questions

What is National Land Code (Revised - 2020)?
National Land Code (Revised - 2020) is Malaysia Act, cited as Act 828 2020, currently marked in force and first recorded in 2020.
Is National Land Code (Revised - 2020) still in force?
Yes — National Land Code (Revised - 2020) is currently in force.
When did National Land Code (Revised - 2020) take effect?
National Land Code (Revised - 2020) was first recorded in 2020.
How many sections does National Land Code (Revised - 2020) have?
National Land Code (Revised - 2020) contains 391 sections.
Where can I read the official version of National Land Code (Revised - 2020)?
The official text of National Land Code (Revised - 2020) is published at lom.agc.gov.my.

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