Malaysia legislation
Section 11
Section 11
The principal Act is amended by substituting for section 10
the following section:
Quoted provision
Section 10
(a)
that the Director of Survey has issued the certificate of proposed strata plan;
(b)
that the subdivision would not contravene any condition or restriction in interest to which the land comprised in that lot is for the time being subject;
(c)
that the subdivision would not be contrary to the provisions of any written law for the time being in force and that any requirements imposed with respect thereto by or under any such written law have been complied with;
(d)
that no item of land revenue is outstanding in respect of the land;
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Strata Titles (Amendment)
(e)
that consent in writing to the making of the application has been obtained from every person who at the time when approval was applied for, was entitled to the benefit of a lease of the whole or any part thereof, other than a part corresponding precisely with, or included within, one of the parcels to be created upon subdivision;
(f)
that, where the land on which the building or buildings stand is held for a term of years, there still remains a period of not less than twenty-one years to run;
(g)
that the land on which the building or buildings stand is not subject to any charge or lien;
(h)
that the proposed share units assigned to the parcels by the proprietor of the lot in his application in
Form 1 are equitable; and
(i)
that the land is held under final title.
(2)
In a case of an application involving a provisional block or blocks by virtue of section 9a, the Director shall not approve the subdivision of any building to which the application relates unless the following additional conditions are satisfied:
(a)
that it has been certified by a land surveyor that the position of each provisional block as delineated on the location plan is wholly within the boundaries of the lot in question;
(b)
that the quantum of provisional share units assigned to each provisional block by the proprietor of the lot in his application in Form 1 are equitable; and
(c)
that the proprietor—
(i)
has given the date by when he undertakes that the construction of the building or each building to which the provisional block or blocks relate will be completed;
(ii)
has paid to the Director in respect of each provisional block a deposit of such reasonable amount as the Director may require; and
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(iii)
has furnished a written statement to the effect that he agrees that the amount be forfeited to the government in the event that, by that date or by such later date as the Director may allow, the construction of the building to which the provisional block relates is not completed or, if completed, the certificate of completion and compliance has not been issued.”.
Deletion of section 10a