LAND LAW AND SURVEY REGULATION (SGHU 3313) · document (upon receipt from PT/PTD). The items to be...

LAND LAW AND SURVEY REGULATION (SGHU 3313)

WEEK 8-STRATA TITLES-6

SR DR. TAN LIAT CHOON07-5530844

016-4975551

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OUTLINE

• Preparation Of Certified Strata Plan [PA(B)] (New)

• Application For Subdivision Or Amalgamation Of Parcel(New)

• Preparation Of Special Plan For Limited CommonProperty (KPUP Bil. 1/2017)

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PREPARATION OF CERTIFIED STRATA PLAN PA(B)

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Information On Certified Strata Plan

1) The certified strata plan PA(B) must be prepared for eachsubdivision of building, building or land, land, subdivision ofparcel and amalgamation of parcels.

2) PA(B) shall be made available after the application ofsubdivision of building approved and the fee set by PTG hasbeen paid by the applicant.

3) PA(B) provided by LLS shall contain the same information andscale as the CPS except the LLS declaration certification, theinformation of the PA(B) and in black and white (diagram).

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4) If the PA(B) has been prepared for the subdivision oramalgamation of the parcels, the new PA(B) number shall benoted in red in the existing parcel in PA(B) in the same floor,then the explanatory note shall be made as follows:

“Nota:

Petak ____________ dalam Tingkat No. ____________dipecahkan / disatukan dalam Pelan Akui Strata ______”

This note should be noted on the existing certified strata plan.

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5) The PA(B) format must follow the rules set by the Department.

6) An empty space of 10 centimetres long and 5 centimetres wideshould be provided in the upper right corner of the plan for thesignature of the photocopy certificate for each strata title plan.

7) To expedite and facilitate the checking process, LLS shall ensurethat the number of PA(B) provided is equal to the number ofCPS without regard to the Index Plan for Floor Plan or MarkingPlan.

8) All PA(B) shall be kept by the Director of Survey.

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Certification of Licensed Land Surveyor on PA(B)

Saya _______________________________ seorang Juruukru Tanah yang dilesenkan dibawah Akta Juruukur Tanah Berlesen 1958 [Akta 458], memperakui bahawapengukuran dari mana pelan ini telah disediakan, telah dijalankan dan ditanda di atastanah oleh saya atau di bawah arahan saya sendiri secara langsung di lapangansemata-mata mengikut Peraturan-peraturan Juruukur Tanah Berlesen, dan bahawapelan ini secara tepat mewakili pengukuran yang telah disempurnakan pada ......haribulan ................ 20 .......

Bahawa saya bertanggungjawab sepenuhnya ke atas salah betulnya ukuran ini.

Bertarikh ................... haribulan ...................... 20 .............

..................................................................................Juruukur Tanah yang dilesenkan di bawah Akta 458

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Other Information On PA(B)

1) PA(B) number.2) Strata scheme number.3) Field book number.4) Survey file number.5) District Land Office file number.6) File number of Lands and Mines Office.7) standard sheet number.8) "Approved by" and the name of the Director of Survey.9) Spaces other than parcels and accessory are parcels are

common properties.

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Certified Strata Plan For Subdivision Of Building And

Provisional Block

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Certified Strata Plan For Subdivision Of Land

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Certified Strata Plan For Subdivision Of Land And

Provisional Block

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Certified Strata Plan For Subdivision Of Land With

Shared Basement

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Certified Strata Plan For Completed Provisional Block

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APPLICATION FOR SUBDIVISION OR AMALGAMATION OF PARCEL

(NEW)

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Application For Subdivision Or Amalgamation Of Parcel

a) Application for strata for the purpose of subdivision oramalgamation of parcels involving parcels, land parcels or landparcels with shared basement is referring to the application undersection 28(2)(b) STA 1985 (as attachment).

1) Form 6 (subdivision of parcel) or Form 7 (amalgamation ofparcels).

2) Appointment letter of LSS.3) Original copy of approved building plan by PBT for the purpose of

subdivision or amalgamation of parcels.4) 4 copies of the proposed strata plan for the purpose of

amalgamation or subdivision of parcels.5) Certification from Professional Architect or Professional Engineers.6) Written consent from management corporation (if additional

common property exists).7) LJT declaration certificate.8) Field book.

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b) Upon receipt of a subdivision or amalgamation application ofparcels, the Director of Survey shall:

1) Open a file by retaining the original scheme number.

2) Check the proposed strata plan and carry out any field workwork.

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Application checking process

1) Preliminary checkinga) Preliminary checking on copy of documents must be made to

ensure some of the conditions before the original applicationis received.

b) Items in the appendix below should be checked within 14days from the date of receipt of the document.

c) The Director of Survey shall notify the LJT and copy torespective JTB of whether the application is acceptable foradvanced checking or not during the period by submitting theform as in the appendix.

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Application checking process

2) Advanced checkinga) Documents found proper during the preliminary checking

should continue to advanced checking. This checking isconducted thoroughly based on the copy or originaldocument (upon receipt from PT/PTD). The items to bechecked are as in the appendix below.

b) In found any mistake, the application documents will bepromptly returned to the LLS for correction action.

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Advice to PTG/PTD

1) The Director of Survey shall advise the PTG/PTD on theapplication whether it is proper or not after received theoriginal application and to notify the amount of the feepayable to be collected.

2) Example of a comment letter as in the attachment belowwhere each strata plan does not need to be signed and onlysufficient by including the certificate as in the attachmentbelow. Copy of the letter must be distributed to LLS anddeveloper concerned for notification.

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Action After Approval Of Application For Subdivision Or Amalgamation Of Parcel

Once an application for approved subdivision of parcel oramalgamation of parcels that received from PTG, the Directorof Survey shall approve PA(B).

Once PA(B) is approved, the Director of Survey shall:

1) Updating the relevant lists.2) Updates the PA strata number on the existing/old PA strata

with red colour.3) Provides a copy of PA strata for the Registrar to replace the

existing PA strata.4) Provides a copy of the PA strata for each parcel involved with

the subdivision or amalgamation to be attached by theRegistrar on the issue document of title.

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PREPARATION OF SPECIAL PLAN FOR LIMITED COMMON

PROPERTY (KPUP BIL. 1/2017)

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With Different Heights

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Establishment Of Sub-MC

Subsection 17A(1) STA 1985 provides MC to fix such limitedcommon property (LCP) and establish one or more sub-MConly for the purpose of representing different interests forparcel owners through a comprehensive resolutionconducted under the provisions of the SMA.

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Establishment Of Sub-MC

Subsection 17A(2) The STA 1985 provides that LCP designatedthrough a comprehensive resolution approved by MC shall:

describe, identify or designate the boundaries or area of thelimited common property within a special plan;

determine each parcel contained in the special plan that theowner of the parcel is entitled to the exclusive benefit of thelimited common property; and

comply with such other particulars as may be prescribed by theDirector of Survey.

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Responsibility Of Licensed Land Surveyor

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Prepare PK(HBT).

Ensure that the proposed PK(HBT) can obtain acomprehensive resolution in accordance with theprovisions of the STA 1985.

The preparation of PK(HBT) shall be based on thecertified building plan and approved building plan.

Responsibility Of Licensed Land Surveyor

LLS in carrying out the survey to meet the provisions of subsection 17A(2)of the STA 1985 shall measure all common properties and identify the LCPto be created as common property which is not LCP but shall bemaintained under MC. LLS should pay attention to the following:

Existing common property not shown in certified building plan [PA(B)],e.g. play grounds, mail boxes and others;

Additional common property that MC has established and obtain theapproval of local authorities, such as surau, gymnasium and others;

LCP to be created but not in compliance with existing boundaries; and Un-survey common property or LCP, e.g. roof, fire prevention system,

air conditioning riser, electrical/telephone cables and others.

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Responsibility Of Licensed Land Surveyor (Field Work)

Height determination of each floor

(1) Height measurements of each floor shall be made andrecorded to the nearest 0.01 meter.

(2) The floor level difference between the floor (eitherbelow or above) through the staircase or any suitable partsof the building, is measured using electronic distancegauges such as the distometer, range finder, total station.Use of steel measuring tape is also allowed.

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Determining Horizontal Dimension For LCP

(1) Determination of Boundary(a) The LCP boundary means the boundary established to determine LCPafter the PA(B) is approved and obtain a comprehensive resolution carriedout in accordance with the provisions of the STA 1985.

(b) In case of any modification to the existing building without theapproval of the relevant authority, the boundary of the common propertyshall be referred to the boundary limit of the common property based onpermanent structure features as required by subparagraph 8A(1)(d)(ii )STA 1985. It is desirable to note that the permanent structure features ofthe building still exist to enable the determination of the boundaries ofthe existing parcel to determine the LCP boundary.

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(2) The permanent structure features of the building shall beconstrued as covering all types of durable construction and areeligible for boundary limit references. It should be noted thatstructures that not full builds are also acceptable as boundarylimits.

For extreme example, a metal strip or epoxy paint that isplanted/marked on a permanent floor is also acceptable as apermanent building structure feature.

(3) Measurement of LCP horizontal dimensions shall be madeand recorded to the nearest 0.01 meter.

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(4) Adequate horizontal dimension measurements aremade up to the surface of the wall (party wall).

(5) The wall thickness shall be determined and illustrated onthe diagram in the field book such as Circular of DirectorGeneral of Survey and Mapping No..1 Year 2015 (PKPUP1/2015).

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(6) Survey for all common property shall be made toidentify and set boundaries or LCP area. The measurementsshall be made in detail on each of the relevant particularsand specified their usage in the field book.

Examples of usage include electric substation, swimmingpool, visitor car/motor parking and disabled peopleparking, guard house, play ground, garbage center,clubhouse (gymnasium, laundry, shop, surau, multi-purposehall etc.) and access (staircase, escalator, corridors, flyover,elevators and others).

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(7) Where LCP located in or above the building (podium orflat roof) to be created does not follow the existingboundary, a permanent structure or appropriate boundarymarking shall be established to determine the limitbetween LCP and another LCP.

(8) In the case that LCP is located on the ground and doesnot follow the existing boundary, the boundary mark suchas pipe or spike is planted together with the distance andbearing measured in accordance with PKPUP 1/2015 todetermine the limit between a LCP and another LCP.

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(9) The LCP area involving the entire building, tower orpodium where the outer wall being part of LCP shall beshown in PK(HBT) together with the note describing the LCPboundary to the outer wall.

(10) Un-Survey common property or LCP shall be describedto determine which party shall be responsible for theirmanagement.

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Responsibility Of LLS In Preparation Of Special Plan For Limited Common PropertyThe duties and responsibilities of LLS in advisory servicespertaining to the creation of LCP is to prepare the PK(HBT)proposal for a comprehensive resolution in accordance with theprovisions of the STA 1985.

LLS has to file an application letter for LCP file number, field booknumber and PK(HBT) number to the Director of Survey bysubmitting-• LLS appointment letter from MC; and• Copy of LJT declaration certificate.

JTB should provide PK(HBT) based on PA(B) and approvedbuilding plan.

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Responsibility Of LLS In Preparation Of Special Plan For Limited Common Property

Before LLS submits a letter to JUPEM, the following items shouldbe noted:

• MC is seeking a resolution to spend a sum for sub-MCassignment;

• Strata title has been transferred to the owner who is entitledto receive it;

• The remaining strata scheme still in provisional block not beconsidered;

• The amount of eligible voting owners should hold more thantwo-thirds of the total share units;

• Each propose sub-MC has two (2) or more parcel owners; and• Proposal of PK(HBT) must be provided before voting.

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Special Plan For Limited Common Property

PK(HBT) shall be provided for:

• Condition in which a subdivision of building, PK(HBT) shallcontain a location plan, floor plan, limited commonproperty table and a summary of limited commonproperty schedule; while

• Condition in which the subdivision of land, and in thecase of land parcel with shared basement, PK(HBT) shallcontain a location plan, marking plan, limited commonproperty table and a summary table of limited commonproperty schedule, including floor plan.

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The Location Plan should contain:

(1) Title, scale and north point;(2) The name of the state or federal territory;(3) The name of the district or jajahan;(4) The name of the town or village or mukim;(5) Section number/presint;(6) Lot number together with certified plan number (PA);(7) Scheme number;(8) Land title number; and(9) Lot area.(10) Boundary marks and boundary lot without bearing and distance;

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(11) Adjacent lots boundary, abuttal, adjacent lot numbers andstreet name;

(12) The Site Plans shall be drawn to scale and shall indicate theinformation-(a) The horizontal end of each building with its numbers eitherabove or below the surface of the earth with a thick black line;(b) Horizontal ends of each tower block with a thick black linealong with the identification alphabet in the correct order in thecase of a building containing more than one tower block;

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(13) The elevation of the buildingElevation, usually taken from the front view of everybuilding based on approved building plan or building plandrawn under paragraph 8A(1)(c), STA 1985, shall be drawnon a suitable scale in a continues black line as well asindicating:

(a) title including building number and scale;(b) floor and ceiling of each floor and floor number;(c) the height of each floor to the nearest 0.1 meter; and(d) any other information necessary.

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Floor plan should be provided for each floor of a buildingwith common property.

Floor plan should contain:(1) Title including building number, tower identificationalphabet, floor number, parcel number, accessory parcelnumber and scale;(2) North point; and(3) Colour note of common property and LCP;

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Floor plan are drawn to scale and should indicate:

(1) Each boundary of the parcel and accessory parcel withcontinues black line;(2) The proposed LCP area shall be shown with differentcolour hatch lines for each proposed sub-MC;(3) Any balcony which is not part of a parcel shall be shownin a dashed line and the statement “balcony";(4) Each parcel number;

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(5) Each accessory parcel number and is linked to a parcelnumber in brackets;

(6) Space for the use of common property as a whole shallbe indicated in which the position and every usage arespecified in detail.

Examples include electric substation, swimming pool,car/motor parking and disabled people parking, guardhouse, play ground, garbage center, clubhouse, gymnasium,laundry, shop, surau, multipurpose hall and staircase,escalator, elevator and other;

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(7) Abuttal-abuttal and adjacent parcels number, together with specialplan folio number if all floors cannot be shown in a special plan folio;

(8) LCP boundary that are not follow existing boundary are indicatedby a dashed red line and indicate the distance within the nearest 0.1meter;

(9) Un-survey common property or LCP shall be specified to determinethe party to be responsible for its management. Example for roof, fireprevention system and air conditioning riser; and

(10) Any other information (if necessary).

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The marking plan for the land parcel shall be drawn to scaleand shall indicate the information-

(1) Title, scale and north point;(2) Boundary marks and land parcel boundaries;(3) Land parcel number;(4) For land parcel with shared basement, floor plan shallbe drawn for each basement floor and show all accessoryparcels;

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(5) The elevation to indicate the height of the sharedbasement shall be shown which is usually from the frontview of the housing scheme, if applicable;

(6) The proposed LCP area shall be shown with differentcolour hatched lines for each proposed sub-MC;

(7) Common property areas which are not recommended asLCP shall be indicated by yellow hatching;

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(8) LCP boundaries that are not followed the existingboundaries shall be shown with dashed red lines andshowing the bearing and distance;

(9) Un-survey common property or LCP may be described todetermine the party to be responsible for its management.Example, roof, fire prevention system and air conditionriser; and

(10) any other information (if necessary).

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The limited common property table for each LCP shall contain:

(1) Title with information of HBT;

(2) Parcel number;

(3) PK(HBT) number;

(4) The value of the unit share of each parcel;

(5) Substantial share units for all parcel owners entitled toexclusive benefits of LCP in each limited common property tableif it requires more than one schedule;

(6) Total share units of all parcel owners entitled to the exclusivebenefit of concerned LCP.

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Summary of Limited Common Property Table

Summary of limited common property table should beprovided to show a summary of share units for all parcelowners entitled to the exclusive benefit of each LCP in thescheme.


Summary of limited common property table shouldcontain:

(1) Title;

(2) LCP number;

(3) LCP information;

(4) Parcel numbers each LCP;

(5) The total number of parcel for each LCP;

(6) Total share units of all parcel owners entitled to theexclusive benefit of each LCP;

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(7) The percentage of the share units of all parcel ownersentitled to the exclusive benefit of each LCP;

(8) LCP location;

(9) Total number of parcel for the Scheme;

(10) Total share units of the Scheme; and

(11) Total number of share units shall be 100%.

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Index Plan For Floor Plan Or Marking Plan

If there is any floor level that results in the preparation of afloor plan or marking plan more than one (1) folio, LLSshould prepare an Index Plan to show the entire floor of therelevant floor plan or marking plan.

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The LLS Certification in PK HBT) is as follows:

Saya _________________ seorang Juruukur Tanah yang dilesenkan di bawahAkta Juruukur Tanah Berlesen 1958 [Akta 458], memperakui bahawapengukuran Harta Bersama Terhad dari mana pelan ini telah disediakanmenurut kehendak subseksyen 17A(2) Akta Hakmilik Strata 1985 [Akta 318],dijalankan oleh saya atau di bawah arahan saya sendiri secara langsung dilapangan, dan bahawa pelan ini mewakili pengukuran yang disempurnakanpada ........ haribulan ......................... 20..........

Bahawa saya bertanggungjawab sepenuhnya ke atas salah betulnya pelan ini.

Bertarikh ........ haribulan ......................... 20 ..........

..................................................................................Juruukur Tanah yang dilesenkan di bawah Akta 458

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The Certification of Director of Survey on PK (HBT) is as follows:

Pelan Khas ini telah disemak dan didapati TERATUR menurutkehendak subseksyen 17A(4) Akta Hakmilik Strata 1985 [Akta318].

Bertarikh ........ haribulan ......................... 20 ..........

...............................................................................(Nama Pengarah Ukur)Pengarah Ukur dan Pemetaan .........................

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SPECIAL PLAN FOR SUBDIVISION OF BUILDING

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SPECIAL PLAN FOR SUBDIVISION OF LAND

T H A N K YO U

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LAND LAW AND SURVEY REGULATION (SGHU 3313) · document (upon receipt from PT/PTD). The items to be...

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