Article 1: Task force to sort out problematic strata ownership cases, says Selangor MB

Introduction

Properties in multi-storey buildings, often known as stratified properties, typically have strata
titles. This typically indicates that the land belongs to the property's owners. Strata titles are
distinct, independent titles given to homes, apartments, or commercial buildings within a
development that has shared amenities including gated and guarded neighbourhood, security,
parking lots, and facilities managed by a common owner. When the strata title is issued, the
owner of the property is permitted to utilise it in the same manner as a property with an
individual title.

Developers are obligated to apply for the strata titles on behalf of the buyers under the Strata
Title Act of 1985. When purchasing a property or offering security for a loan, such as when
engaging in a sub-sale, a deed of assignment is necessary. The owner's financier will receive
the rights, interests, and title as a result. The strata title application process can begin in
accordance with the Strata Title Act as soon as the building's superstructure is complete. The
director of survey must receive the entire proposed strata plan three months following the
issuance of the Certification of Completion and Compliance (CCC) (JUPEM).

This enables the Certificate of Proposed Strata Plan (CPSP) application process to start. At
this point, the strata plan must include all accessory plots and common property dimensions.
The developer of purchaser property building has one month after the CPSP is granted to
apply for strata titles on behalf of buyers. The strata title for purchaser property unit can be
simply obtained by you as a homeowner from purchaser developer. Make sure purchaser Sale
and Purchase Agreement explains the specifics of the master title before purchasing
purchaser home (which represents the entire development of the property building).
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On Friday, 29 Jul 2022. Metro News has published an article to address dubious strata
ownership applications in Selangor, a task team has been established.

The task force's duties, according to Menteri Besar Datuk Seri Amirudin Shari, will include
monitoring problematic strata schemes, enforcing Section 8 of the Strata Titles Act 1985,
assisting list strata schemes that have not yet received strata titles, assisting, and coordinating
the necessary procedures for strata title applications, identifying problems and issues related
to non-strata schemes.

"According to a review by the Selangor Land and Mines Office, all fully submitted strata title
applications had been processed within the allotted time."

He said in the Selangor Legislative Assembly on Friday that the state government, through
the Land and Mines Office, "can take action under Section 8 of the Strata Title Act 1985
against any original landowner or developer who fails to submit a strata title application
within the prescribed period."

According to Amirudin, one of the measures adopted was to waive some collateral payments
or restrictions to facilitate the strata ownership application. Haniza then enquired as to
whether the state government would establish a fund to help buyers who desired strata
ownership but also had to pay comparatively high fines.

To permit the Memorandum of Transfer to be paid during the early stage, Amirudin stated
that the Housing and Local Government Ministry would suggest amending the Strata
Management Act.
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The Strata Titles Act of 1985 contains provisions for the division of joint property buildings
and land. It comprises the procedure for the application of subdivision, registration, issuing of
Strata Titles, management of the strata scheme following the issuance of Strata Titles and
also management of Strata Titles Board. The Department of Land and Mines, which is a
division of the Ministry of Natural Resources and Environment, is responsible for this Act.

The Strata Titles Act enters into force on the 1st June 1985. Before its beginning, applications
for individual title for parcels within a multi-storey structure were done using the provision
established in the National Land Code 1965. These parcels were given subsidiary title.

The National Land Code's weak and insufficient provision regarding the subdivision of
buildings was addressed by the creation of the Strata Titles Act, which also provides
additional references regarding the subdivision and management of multi-story buildings in
various parts, chapters, and schedules of the National Land Code. However, the National
Land Code's subdivision of buildings-related rules are nearly entirely duplicated in the Strata
Titles Act. The application of the strata titles method and procedure as well as the
management of multi-story buildings both received new components and general
improvements.

Since its establishment, the Strata Titles Act has undergone four (4) amendments: on
February 23, 1990 (Act A753), August 2, 1996 (Act A951), December 1, 2001 (Act A1107),
and April 12, 2007. (Act A1290). The most recent revisions introduced common property,
auxiliary parcels, and land parcel subdivision. The application for the Gated Community
Scheme, a brand-new home development concept, is made possible by these revisions. This
housing project consists of residences on one (1) lot, including bungalows, terrace homes,
and semi-detached homes, with common amenities including a clubhouse, swimming pools,
and open space. A wall or gate surrounds the dwelling area, creating a gated community with
restricted entrance access.
Conclusion

For structures or blocks that include many stories or levels of land that were constructed on
land that has been alienated, there is a type of ownership known as strata titles. The divided
unit is referred to as a "strata."

Strata Titles were first implemented in 1966 as part of the National Land Code 1965 to
enhance the rules governing multi-story building ownership. Previously, it is known as
subsidiary title with reference to the building built on alienated land. The Strata Titles
concept was expanded in the 2007 amendment to permit the use of land pieces on alienated
land. Individual parcels and communal property are handled as "self-governance" in the
Strata Titles Scheme by the Management Corporation. The title of every property, regardless
of whether it was an apartment, condominium, townhouse, business complex, or gated
community plan, showed who owned it. All the alienated land, excluding individual portions
and auxiliary parcels like stairs, roofs, gardens, and others, is referred to as common property.

Therefore, when owning a property or land Strata Title is absolutely important to legalize the
assets and banks will consider that property with the Title as collateral or security.
Ahmad, A., & Chan, J. (2022, July 29). Task Force to sort out problematic strata ownership
cases, says Selangor MB. The Star. Retrieved December 9, 2022, from
https://www.thestar.com.my/metro/metro-news/2022/07/29/task-force-to-sort-out-
problematic-strata-ownership-cases-says-selangor-mb

Ethel Khoo/The Edge MalaysiaFebruary 29, 2020 16:00 pm +08. (2020, February 29). Know
your stuff: The strata title and its significance. The Edge Markets. Retrieved December
9, 2022, from https://www.theedgemarkets.com/article/know-your-stuff-strata-title-and-
its-significance

User, S. (n.d.). jkptg. Jabatan Ketua Pengarah Tanah & Galian Persekutuan - Utama.
Retrieved December 9, 2022, from https://www.jkptg.gov.my/en/panduan/senarai-
undang-undang/akta-enakmen/akta-hakmilik-strata-1985