Section 5 — STRATA MANAGEMENT ORDINANCE, 2019

(a)

a strata subdivision plan prepared and submitted under section 6(1)(b) of the Strata (Subsidiary Titles)

Ordinance, 2019 [Cap. 75/2019], has been filed with the

Commissioner under this Part;

(b)

in the case of a phased development, a proposed quantum of provisional share unit for each provisional block prepared and submitted under section 7(2)(e) of the Strata

(Subsidiary Titles) Ordinance, 2019 [Cap. 75/2019], has been filed with the Commissioner; and

(c)

in the case of a development involving housing accommodation, the developer has complied with all the requirements under the Housing Development (Control and

Licensing) Ordinance, 2013 [Cap. 69], and any regulations made under that Ordinance.

(2)

The developer shall also not sell any parcel or proposed parcel in any provisional block unless the developer has filed with the Commissioner the strata subdivision plan prepared and submitted under section 17 of the Strata (Subsidiary Titles)

Ordinance, 2019 [Cap. 75/2019], showing the proposed allocation of the provisional share units among the new parcels in the provisional block.

(3)

A strata subdivision plan filed under this section shall—

(a)

comprise an index plan, storey plan and delineation plan and proposed schedule of parcels as specified in sections 6 and 7(2) of the Strata (Subsidiary Titles) Ordinance, 2019

[Cap. 75/2019];

(b)

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;

19

(c)

contain a certificate by the land surveyor appointed by the developer that the buildings or lands parcels shown in the strata subdivision plan are capable of being subdivided under the provisions of the Strata (Subsidiary Titles)

Ordinance, 2019 [Cap. 75/2019];

(d)

contain a certificate prepared by the architect or engineer appointed by the developer that the buildings or lands parcels to be constructed in accordance with the approved building plans, are capable of being subdivided under the provisions of the Strata (Subsidiary Titles)

Ordinance, 2019 [Cap. 75/2019]; and

(e)

contain such details as may be required by the

Commissioner.

(4)

After the filing of the strata subdivision plan for a development with the Commissioner, the Commissioner shall, as soon as practicable,—

(a)

notify the developer concerned in writing that the requirements in subsection (3) have been complied with; or

(b)

where such requirements have not been complied with, notify the developer concerned of such non-compliance.

(5)

The proposed share units of each parcel or proposed parcel as shown in the strata subdivision plan 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 strata subdivision plan 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, until such time as the certified strata plan has been filed pursuant to the Strata (Subsidiary Titles) Ordinance, 2019 [Cap.

75/2019].

(6)

A copy of the strata subdivision plan filed with the

Commissioner under this Part shall be 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.

(7)

Any developer who fails to comply with subsections

(1)

, (2) or (6) shall be guilty of an offence and shall, upon conviction, be punished with a fine not exceeding five hundred

20

thousand ringgit or imprisonment for a term not exceeding five years or to both.

(8)

Any developer who—

(a)

knowingly makes or produces or causes to be made or produced any false or fraudulent certification that purports to comply with the requirement of subsection (3)(c) or (d); or

(b)

negligently makes or produces or causes to be made or produced any false certification that purports to comply with the requirement of subsection (3)(c) or (d), shall be guilty of an offence and shall, upon conviction, be punished with a fine not exceeding two hundred and fifty thousand ringgit or imprisonment for a term not exceeding three years or to both.