National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 3 · Implied conditions
Section 116
Feedback & supportWhere any alienated land is subject by virtue of any provision of this Act to the category “building”, the following implied conditions shall, subject to subsection (3), apply thereto:
alienated land
“alienated land” means any land (including any parcel of a subdivided building) in respect of which a registered title for the time being subsists, whether final or qualified, whether in perpetuity or for a term of years, and whether granted by the State Authority under this Act or in the exercise of powers conferred by any previous land law, but does not include mining land;
that, unless on the relevant date such a building already existed on the land, there shall within two years of that date be erected thereon a building suitable for use for one or more of the purposes specified or referred to in subsection (4);
that no part of the land shall be used for agricultural or industrial purposes (except in so far as the erection or maintenance of any building for a purpose or purposes falling within paragraph (4)(f) or (g) may constitute such a use);
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
that every building thereon (whensoever erected) shall be maintained in repair;
in repair
“in repair”, in relation to any building or part of a building, means in such state of repair as that in which a prudent owner might reasonably be expected to keep his property;
that no such building shall be demolished, altered or extended without the prior consent in writing of the appropriate authority.
In subsection (1) “relevant date” means the date on which any part of the land first became subject to the category.
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Provisions of the
National Land Code
Modification
Provisions of the
National Land Code
Modification
Paragraph 116(4)(f)
In its application to the Federal Territory of Kuala
Lumpur, the reference to the “State Authority” shall be construed as reference to the “Minister charged with the responsibility for lands in the Federal Territory”.
In its application to the Federal Territory of Putrajaya, reference to “State Authority” shall be construed as reference to “Minister charged with the responsibility for lands in the Federal Territory”.
Minister
“Minister” means the Minister charged with the responsibility for lands;
In its application to the Federal Territory of Labuan, references to the “State Authority” shall be construed as references to the “Minister charged with the responsibility for lands in the Federal Territory”.
National Land Code
National Land Code 209
The conditions specified in subsection (1) shall be implied in the case of any land to the extent only that they are not inconsistent with any express conditions to which the land is for the time being subject.
The purposes referred to in paragraph (1)(a) are the following:
residential purposes;
administrative or commercial purposes, or the purposes of passenger transport;
the purposes of exhibiting, selling by retail, repairing or otherwise dealing in any goods or commodities, or of providing any services;
the purposes of providing educational, medical, sanitary or other welfare facilities;
the purposes of entertainment, refreshment or recreation;
any purpose which the State Authority may prescribe for the purposes of this section by rules under section 14;
any purpose which the State Authority may think fit to authorize in the circumstances of any particular case;
any purpose incidental to a purpose falling within any of the preceding paragraphs.