Malaysia legislation

Section 3

of STRATA (SUBSIDIARY TITLES) ORDINANCE, 2019

Section 3

Interpretation and construction

“accessory parcel” means any parcel shown in a certified strata plan as an accessory parcel which is appurtenant to and used or intended to be used in conjunction with a parcel provided always that its usage shall be as approved by the

Authority;

“approved building plan”

means the plans and specifications for a building prepared by a qualified person and approved under the Buildings Ordinance, 1994 [Cap. 8];

“approved certified strata plan” means the certified strata plan approved by the Government surveyor;

“approved strata subdivision plan” means a strata subdivision plan approved by the Superintendent under section 10;

“architect” means an architect registered under the

Architects Act 1967 [Act 117];

“Authority” means the State Planning Authority established under section 228(1) of the Land Code [Cap.

(1958 Ed.)];

“building” includes any completed building, partially completed building or building to be erected within a lot as shown or specified in a strata subdivision plan and when used with reference to a management corporation, the subdivided building or land for which the management corporation is established;

“building parcel” means an individual parcel in a building subdivided under Part II, held under a subsidiary title;

“certificate of incorporation” means a certificate certifying that a management corporation or subsidiary management corporation is a body corporate constituted under this

Ordinance on the day specified in the certificate;

“certified strata plan” means, in relation to a subdivided building or land, a certified strata plan prepared for a parcel under section 10(2);

“Commissioner” means the Commissioner of Buildings as defined under the Strata Management Ordinance, 2019

[Cap. 76/2019];

“common property” means, in relation to a subdivided building or land,—

(a)

so much of the lot not comprised in or appurtenant to any parcel (including any accessory parcel) or any provisional block as shown in the certified strata plan; and

(b)

unless otherwise described as comprised in or appurtenant to any parcel and shown as capable of being and meant to be comprised in or appurtenant to such parcel, includes—

(i)

foundations, columns, beams, supports, roofs, corridors, stairways, fire escapes, entrances and exits of the building;

(ii)

visitor car parks, incinerators, recreational and communal facilities and gardens for the use of or serving the subdivided building or land;

(iii)

storage places, rooms and other facilities shown in the certified strata plan for use by the management corporation;

(iv)

lifts, escalators, service pipes, cables ducts and installations for water, electricity, telephones, gas and telecommunication services and facilities, existing for common use;

(v)

all facilities described as common property in the certified strata plan; and

(vi)

all other parts of the subdivided building or land not comprised in any parcel necessary or convenient to the existence and maintenance and for the reasonable usage and safety of the common property;

“comprehensive resolution” has the same meaning assigned to it in the Strata Management Ordinance, 2019

[Cap. 76/2019];

“Court” means the High Court in Sabah and Sarawak;

“Director” means the Director of Lands and Surveys,

Sarawak, and includes his Deputy;

“document of subsidiary title” means the document of subsidiary title prepared under section 15;

“document of title” has the same meaning assigned to it in the Land Code [Cap. 81 (1958 Ed.)];

“engineer” means an engineer registered under the

Registration of Engineers Act 1967 [Act 138];

“Government” means the Government of Sarawak;

“Government surveyor” has the same meaning assigned to it in the Land Surveyors Ordinance, 2001 [Cap. 40], and

includes a surveyor appointed under section 3 of the Land

Code [Cap.81 (1958 Ed.)];

“issue document of title” has the meaning assigned to it in the Land Code [Cap. 81 (1958 Ed.)];

“land” has the same meaning assigned to it in the Land

Code [Cap. 81. (1958 Ed.)];

“land parcel” means an individual parcel delineated within a land subdivided under Part II, in which is comprised of a building which is held under a subsidiary title, which may have a shared basement, comprises accessory parcels and common property;

“land surveyor” means any person who has been issued with a licence to practice in Sarawak as a land surveyor under the Land Surveyors Ordinance, 2001 [Cap. 40];

“limited common property” means, in relation to a subdivided building or land, such part of the common property in a lot that is—

(a)

in the case of common property to be comprised in a certified strata plan, designated in the sale and purchase agreement of any proposed parcel in the lot, for the exclusive benefit of the purchasers of two or more (but not all) of those proposed parcels in the lot; or

(b)

in the case of common property comprised in a certified strata plan, designated in the limited common property plan or a comprehensive resolution referred to in section 23(1)(a) for the exclusive benefit of the subsidiary proprietors of two or more (but not all)

parcels in that certified strata plan, but does not include—

(i)

the foundations, columns, beams, supports, walls, roofs of, and any window installed in any external wall of, any building within that parcel; and

(ii)

any chute, pipe, wire, cable, duct and other facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, not comprised in

any parcel or proposed parcel and necessary for the common use of the occupiers of all parcels or proposed parcels in that parcel;

“limited common property plan” means a plan prepared for such part of the common property designated as limited common property under section 23(2);

“lot” means an alienated land having a government survey lot number which has been approved for development pursuant to Part X of the Land Code [Cap. 81. (1958 Ed.)]

and capable of being subdivided into parcels under section 4;

“management corporation” means, in relation to a subdivided building or land, the management corporation established under section 21;

“Minister” means the Minister for the time being charged with the responsibility for resource planning;

“new certified strata plan” means, in relation to a subdivided building or land, the new certified strata plan prepared for a parcel under section 19 or the Second Schedule;

“parcel” means, in relation to a subdivided building or land, a parcel of a subdivided building or land;

“proprietor” means, in relation to a subdivided building or land, the proprietor of the lot immediately before the issuance of the subsidiary titles;

“provisional block” means—

(a)

in relation to a subdivided building, a block consisting of the proposed building parcels to be erected on a building or lot, for which a provisional subsidiary title is applied for; or

(b)

in relation to a subdivided land, a block consisting of the proposed land parcels, for which a separate provisional subsidiary title is applied for;

“provisional share units” means the share value allotted to a provisional block pursuant to section 12;

“provisional subsidiary title” means the document of subsidiary title issued under section 15 to any of the provisional blocks;

“Register” has the same meaning assigned to it in the

Land Code [Cap. 81. (1958 Ed.)];

“Registrar” means a Registrar appointed under section 3

of the Land Code [Cap. 81 (1958 Ed.)];

“schedule of parcels” means a schedule showing the parcel number, area and share units of each parcel and the total share units of all the parcels; or in the case of provisional block shows the proposed quantum of provisional share units for each provisional block;

“share units” means the share units specified for a parcel in the book of subsidiary register relating thereto;

“special resolution” has the same meaning assigned to it in the Strata Management Ordinance, 2019 [Cap. 76/2019];

“storey” means any division of a building whether or not on the same level throughout, and whether above or below the surface of the ground;

“strata subdivision plan” means a strata subdivision plan prepared and submitted under section 6;

“strata subdivision plan approval” means a strata subdivision plan submitted for the approval of the

Superintendent under section 6;

“subsidiary management corporation” means, in relation to a limited common property, the subsidiary management corporation constituted for that limited common property under section 23(4);

“subdivided building” means a building subdivided into building parcels under Part II;

“subdivided land” means a land subdivided into land parcels under Part II;

“subsidiary proprietor” means the proprietor of a parcel;

“subsidiary register” means the register of subsidiary title prepared and maintained under section 14;

“subsidiary title” means strata title issued under Part III to any of the individual parcel subdivided pursuant to Part II;

“Superintendent” means the Superintendent of Lands and

Surveys of the Division in which the lot is situated.

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