Malaysia legislation
Section 6
Section 6
(a)
such fee as may be prescribed by the Director;
(b)
a strata subdivision plan comprising an index plan, storey plan, delineation plan and the proposed schedule of parcels, in triplicate for the proposed parcels and duly certified by a land surveyor as follows:
(i)
that he has made a comparison of the strata subdivision plan to the approved building plan and any approved amendments thereto under the Buildings
Ordinance, 1994 [Cap. 8];
(ii)
in the case of a storey plan, that the boundaries of the proposed parcels shown thereon defined by reference to features of permanent construction appearing in the building;
(iii)
that the boundaries of all the proposed parcels shown thereon have been endorsed by the proprietor to be correct and in accordance with what was sold or agreed to be sold by the proprietor;
13
(iv)
that each of the proposed parcels has—
(A)
an adequate means of access not passing through another parcel; and
(B)
an adequate means of internal communication not passing through the common property;
(v)
that the position of each building or land intended to be subdivided into parcels as delineated on the delineation plan is within the boundaries of the lot in question;
(vi)
that the proposed share unit assigned to each proposed parcel by the proprietor is in accordance with section 12(3); and
(vii)
shall contain such other certifications as may be required by the Superintendent;
(c)
an approved building plan and any approved amendments thereto under the Buildings Ordinance, 1994
[Cap. 8], in triplicate; and
(d)
contain such other details as the Superintendent may require.
(2)
Every index plan shall—
(a)
specify the number of the lot and the title number of the lot comprised therein;
(b)
include a locality plan showing the boundaries of the lot, its number, area, the abuttals and adjoining lot numbers, roads and all other relevant details as may be required;
(c)
include a vertical section of each building, define by reference to permanent construction of floors or ceilings and showing the height of each storey; and
(d)
contain such other details as the Superintendent may require.
(3)
Every storey plan shall—
14
(a)
specify the number of the lot, the title number of the lot comprised therein, and the building and numbered storey thereof to which the plan relates;
(b)
define by reference to walls of permanent construction (but without it being necessary to show any bearings) the boundaries of each of the proposed parcels within the storey;
(c)
indicate in respect of each proposed parcel the index-letter or number in the form as may be determined by the Director;
(d)
specify the total area of each proposed parcel;
(e)
distinguish such parts of the storey as are not to be included in any of the proposed parcels but are to become part of the common property;
(f)
show a legend of all the proposed parcels and common property; and
(g)
contain such other details as the Superintendent may require.
(4)
Every delineation plan shall—
(a)
specify the number of the lot and the title number of the lot comprised therein;
(b)
delineate the boundaries and boundary marks of the lot in question and the position of all buildings thereon, showing which of those buildings are to be subdivided into building parcels, and in the case of a land to be subdivided into land parcels, delineate the boundaries and boundary marks of the lot in question and the land parcels, showing the position of all the buildings thereon by reference to the lot boundary showing the bearings and distances of each boundary;
(c)
indicate in respect of each proposed building the index-letter or number in the form as may be determined by the Director;
(d)
specify the superficial area on the ground of each proposed building;
15
(e)
distinguish such parts of the ground as are not to be included in any of the proposed buildings but are to become part of the common property;
(f)
show a legend of all the proposed buildings, proposed land parcel and common property; and
(g)
contain such other details as the Superintendent may require.
(5)
Every proposed schedule of parcels shall—
(a)
show the number of the lot, the title number of the lot comprised therein, and the building and numbered storey thereof to which the schedule relates;
(b)
show all the accessory parcels, and specify therein the proposed parcels they are made appurtenant to, irrespective of whether the accessory parcels are contiguous to those specified proposed parcels;
(c)
show the proposed share units in whole numbers of each proposed parcel and the total share units of all the proposed parcels; and
(d)
contain such other details as the Superintendent may require.
(6)
Where an accessory parcel—
(a)
consists of a building or parts thereof and is bounded by external walls, floors and ceilings, the dimensions and boundaries of such accessory parcel shall be shown in the plans in accordance with the requirements of subsections (2),
(3)
and (4); or
(b)
does not consist of a building or parts thereof, the external boundaries of the accessory parcel shall be ascertained from the approved building plan and any approved amendments thereto under the Buildings Ordinance, 1994
[Cap. 8], and the accessory parcel shall be up to a reasonable height or to extent of any projection above or encroachment below ground level by another part of the parcel.
16
Procedure for strata subdivision plan approval in the case of phased development