Malaysia legislation

Section 10

of STRATA (SUBSIDIARY TITLES) ORDINANCE, 2019

Section 10

(a)

approve the strata subdivision plan if the conditions specified in section 9 are satisfied; or

(b)

in any other case, reject the strata subdivision plan.

(2)

Where he has approved the strata subdivision plan submitted under section 6, the Superintendent shall—

(a)

carry out or cause to be carried out by a land surveyor such survey of the lot in question, and any of the parcels thereon, as he may consider desirable; and

(b)

from the relevant approved strata subdivision plan, prepare or cause to be prepared by a land surveyor, with such modifications as he may consider necessary in the light of any such survey, a certified strata plan complying with the requirements of subsection (3), and containing such details as specified in the Land Surveyors Ordinance, 2001 [Cap. 40]

and Land Surveyors (Conduct of Cadastral Land Surveys)

Rules, 2003 [Swk. L.N. 137/2003].

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(3)

The certified strata plan prepared pursuant to subsection

(2)

(b)

shall, on as many folios as the Superintendent may consider most suitable for the purpose, be a plan delineating the parcels and every such plan shall also contain—

(a)

an index plan showing vertical section of the building, showing the floors, ceilings, height and position therein of the storeys to which it relates;

(b)

a delineation plan of the lot in question, showing the position of every subdivided building or land thereon;

(c)

a storey plan showing the boundaries of each of the proposed parcels within the storey;

(d)

a schedule of parcels showing all the accessory parcels, and specify therein the parcels they are made appurtenant to, and show the share units in whole numbers of each proposed parcel and the total share units of all the parcels; and

(e)

such other details as the Superintendent may require.

(4)

For the purposes of the preparation of any such plan under subsection (3), the common boundary of any parcel or accessory parcel with any other parcels or accessory parcels, or with any part of the building or land which is not included in any of the parcels or accessory parcels, shall, except in so far as it may have been otherwise provided in the relevant approved strata subdivision plan, be taken to be the centre of the floor, wall or ceiling, as the case may be, or in the case of land parcels, the boundary at ground level may be defined by their demarcation on the land.

(5)

For the purpose of this section, the certified strata plan in respect of a provisional block shall contain a plan showing the position of each provisional block and the vertical section and dimension of the building or shared basement for land parcels, if any.

(6)

The certified strata plan prepared under subsection (2)(b)

shall be submitted for approval of the Government surveyor under the Land Surveyors Ordinance, 2001 [Cap. 40].

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Filing of certified strata plan