Strata Management Act 2013 · Updated to 8 Feb 2013 · Part III · Dealings in Building or Land Intended for Subdivision Into Parcels
6. Schedule of parcels to be filed with the Commissioner before sale of any parcel
Official textFrom Laws of Malaysia Online, unchanged
A developer of any building or land intended for subdivision into parcels in a development area shall not sell any parcel or proposed parcel unless—
building or land intended for subdivision into parcels
“building or land intended for subdivision into parcels” means— (a) any building or buildings having two or more storeys in a development area and intended to be subdivided into parcels, and any land on the same lot intended to be subdivided into parcels to be held under a separate strata title; or (b) any development area having two or more buildings intended to be subdivided into land parcels as defined in the Strata Titles Act 1985;
a schedule of parcels showing the proposed share units of each parcel or proposed parcel and the total share units of all the parcels has been filed with the Commissioner under this Part; and
in the case of any phased development, the schedule of parcels filed with the Commissioner shows the proposed quantum of provisional share units for each provisional block.
In the case of any phased development, the developer shall also not sell any parcel or proposed parcel in any provisional block unless the developer has filed with the Commissioner an amended schedule of parcels showing the proposed allocation of the provisional share units among the new parcels in the provisional block.
provisional block
“provisional block” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;
A schedule of parcels filed under subsection (1) or an amended schedule of parcels filed under subsection (2) shall—
comprise a location plan, storey plan and delineation plan as specified in section 8a of the Strata Titles Act 1985;
show a legend of all parcels, all common properties and all accessory parcels, and in the case of accessory parcels, specify in the legend the parcels they are made appurtenant to;
contain a certificate by the developer’s licensed land surveyor that the buildings or land parcels shown in the schedule of parcels or amended schedule of parcels, as the case may be, are capable of being subdivided under the provisions of the Strata Titles Act 1985;
contain a certificate by the developer’s architect or engineer that the buildings or land parcels to be constructed in accordance with the approved plans and specifications and any amendments to the plans and specifications under the Street, Drainage and Building Act 1974 [Act 133]
and any by-laws made under that Act, prepared by the developer’s architect or engineer, are capable of being subdivided under the provisions of the Strata Titles Act 1985; and
contain such other details as may be specified by the
Commissioner.
The proposed share units of each parcel or proposed parcel as shown in the schedule of parcels filed with the Commissioner under subsection (1), and the proposed allocation of the provisional share units among the parcels in a provisional block as shown in the amended schedule of parcels filed with the Commissioner under subsection (2) shall be deemed to be the allocated share units assigned to each parcel for the purpose of Part IV of this
share units
“share units” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;
Act, until such time as the share units of each parcel have been approved by the Director pursuant to section 18 of the Strata
Director
“Director” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;
Titles Act 1985.
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A copy of the schedule of parcels or an amended schedule of parcels, as the case may be, filed with the Commissioner under this Part shall be—
Commissioner
“Commissioner” means the Commissioner of Buildings appointed under subsection 4(1), and includes any Deputy Commissioner and other officers appointed under subsection 4(1) to exercise the powers or perform the duties imposed on the Commissioner;
exhibited at all times in a conspicuous position in any office and branch office of the developer and at such place where sale of a parcel is conducted; and
submitted to the Director in any application for subdivision of building or land under the provisions of the Strata
Titles Act 1985.
Any developer who fails to comply with subsection (1),
or (5) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Any person who—
knowingly makes or produces or causes to be made or produced any false or fraudulent certification that purports to comply with the requirement of paragraph (3)(c) or
; or
negligently makes or produces or causes to be made or produced any false certification that purports to comply with the requirement of paragraph (3)(c) or (d), commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding two hundred and fifty thousand ringgit or to both.
Terms defined in s 2
allocated share units
Defined · s 2“allocated share units” means the share units assigned to each parcel intended for subdivision by the developer’s licensed land surveyor or in a case where share units have not been so assigned, means the share units assigned under section 8. Construction of the Act
building or land intended for subdivision into parcels
Defined · s 2“building or land intended for subdivision into parcels” means— (a) any building or buildings having two or more storeys in a development area and intended to be subdivided into parcels, and any land on the same lot intended to be subdivided into parcels to be held under a separate strata title; or (b) any development area having two or more buildings intended to be subdivided into land parcels as defined in the Strata Titles Act 1985;
by-laws
Defined · s 2“by-laws” means the by-laws which are in operation in respect of the building or land intended for subdivision into parcels or the subdivided building or land, and the common property as— (a) prescribed by the regulations made under section 150 for regulating the control, management, administration, use and enjoyment of the building or land intended for subdivision into parcels or the subdivided building or land, and the common property; or (b) provided for in any additional by-laws made under section 32, 70 or 71;
Commissioner
Defined · s 2“Commissioner” means the Commissioner of Buildings appointed under subsection 4(1), and includes any Deputy Commissioner and other officers appointed under subsection 4(1) to exercise the powers or perform the duties imposed on the Commissioner;
Director
Defined · s 2“Director” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;
licensed land surveyor
Defined · s 2“licensed land surveyor” means a surveyor licensed under the Licensed Land Surveyors Act 1958;
provisional block
Defined · s 2“provisional block” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;
provisional share units
Defined · s 2“provisional share units” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;
share units
Defined · s 2“share units” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;
Part IV
Strata Management Before Existence of
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Part V
Strata Management After Existence of
Chapter 6
Part VI
Part VII
Part VIII
Insurances
Part IX
Disputes and Strata Management Tribunal
Part X
Part XI