Malaysia legislation
Section 11
Section 11
(a)
the approved certified strata plan, in triplicate;
(b)
a certification by a land surveyor that the building or buildings are situated wholly within the boundaries of the lot in question, but discounting any eave, awning, and any balcony not forming part of the proposed parcel, which projects over road or statutory reserve to which there subsists a permit or easement issued under Land Code [Cap. 81 (1958
Ed.)], in respect of every such eave, awning and balcony.
(c)
a certification by a land surveyor that the share unit assigned to each parcel by the proprietor in the schedule of parcels is in accordance with section 12 (3);
(d)
in the case of any building approved under the
Buildings Ordinance, 1994 [Cap. 8], a certification by an architect or an engineer that the building was constructed in accordance with such approval, stating therein the date and reference number of the approval;
(e)
the issue document of title to the lot, or in the case of section 19(3), the issue document of provisional subsidiary title, or in the case of Second Schedule, the document of subsidiary title;
(f)
the proposed name of the management corporation, the address for the service of documents thereon;
(g)
a certificate issued under the Buildings Ordinance,
1994 [Cap. 8], stating that the building is fit for occupation or use; and
(h)
if any, a permit or easement issued under Land
Code [Cap. 81 (1958 Ed.)], in respect of any eave, awning and balcony not forming part of the proposed parcel, which projects over road or statutory reserve;
(2)
The certified strata plan shall be filed under this provision if the documents under subsection (1) have been submitted and the following conditions are satisfied—
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(a)
the issue document of title to the lot has a remaining lease term of not less than twenty years;
(b)
there are no arrears in respect of land rents or rates;
and
(c)
the sublessee of a sublease of the whole or any part thereof, other than a part corresponding precisely with or included within, one of the parcels to be created on the subdivision, or of any charge of the land or a sublease, has consented in writing to the filing of the certified strata plan.
(3)
Upon receiving the submission made under subsection (1), the Superintendent, if satisfied that the approved certified strata plan and other documents submitted therewith are in order and if the conditions specified in subsection (2) are satisfied, shall transmit copies of such plan and other documents to the Registrar who shall cause a note of the filing thereof to be endorsed on the Register.
(4)
Upon filing of certified strata plan under subsections
(1)
and (2), as soon as the fees chargeable in connection with the preparation and registration of documents of subsidiary title to the individual parcels have been paid, the Superintendent shall require the Registrar to open a book of subsidiary register in accordance with the provisions of section 14, and to prepare and register the documents of subsidiary title in accordance with the provisions of section 15.
Share units of parcels