3 - Badrul Hisham, Dev Process

development process
In context of current development laws
seminar on preparation for lam part 3

professional exams
badrul hisham mohamad said | 23 march 2019
badrul@badrulhisham.com
exams & the real world
50% Architect
aim to overcome this small hurdle in order to be able to
take the big leap to becoming a 100% architect
answer all questions

topics
topics to be shared in the talk

.
1. laws of the land
1. governments in Malaysia
2. laws related to development
3. national land code & strata titles act
4. street, drainage and building act
2. development process
development process
exams & the real world
Don’t over do
law of diminishing returns _ if one input is
increased, there will be a point the output will start
to decrease, if all other factors constant
answer all questions
topics

.
1. laws of the land
governments roles in law development process

governments in malaysia
FEDERAL CONSTITUTION
Perlembagaan Persekutuan
Mengandungi pindaan terkini - P.U.(A) 164/2009
Hal Perkara undang-undang persekutuan dan Negeri

74. (1) Tanpa menjejaskan apa-apa kuasa untuk membuat undang-undang yang
diberikan kepadanya oleh mana-mana Perkara lain, Parlimen boleh membuat
undang-undang mengenai apa-apa perkara yang disebut satu persatu dalam
Senarai Persekutuan atau Senarai Bersama (iaitu Senarai Pertama atau Ketiga yang
dinyatakan dalam Jadual Kesembilan).
(2) Tanpa menjejaskan apa-apa kuasa untuk membuat undang-undang yang
diberikan kepadanya oleh mana-mana Perkara lain, Badan Perundangan sesuatu
Negeri boleh membuat undang-undang mengenai apa-apa perkara yang disebut
satu persatu dalam Senarai Negeri (iaitu Senarai Kedua yang dinyatakan dalam
Jadual Kesembilan) atau Senarai Bersama.
Ketidakselarasan antara undang-undang persekutuan dengan undang-

undang Negeri
75. Jika mana-mana undang-undang Negeri tidak selaras dengan sesuatu undang-
undang persekutuan, maka undang-undang persekutuan itu hendaklah mengatasi
undang-undang Negeri dan undang-undang Negeri itu adalah tidak sah setakat
yang tidak selaras itu.
laws & developments
FEDERAL CONSTITUTION
Mengandungi pindaan terkini - P.U.(A) 164/2009
Jadual Kesembilan . Senarai II — Senarai Negeri

2. Kecuali mengenai Wilayah Persekutuan Kuala Lumpur, Labuan dan Putrajaya,
tanah termasuk—
(a) Pemegangan tanah, hubungan antara tuan tanah dengan penyewa; pendaftaran
hakmilik dan surat ikatan yang berhubungan dengan tanah; penerokaan, pemajuan
tanah dan pemuliharaan tanah; sekatan sewa;
(b) Tanah Simpanan Melayu atau, di Negeri Sabah dan Sarawak, tanah simpanan
anak negeri;
(c) Permit dan lesen untuk mencari gali bagi lombong; pajakan melombong dan
perakuan melombong;
(d) Pengambilan tanah secara paksa;
(e) Pindah hakmilik tanah, gadai janji, pajakan dan gadaian berkenaan dengan
tanah; isemen ; dan
(f) Rad; harta karun tidak termasuk benda purba.
3. Kecuali mengenai Wilayah Persekutuan Kuala Lumpur, Labuan dan Putrajaya,
pertanian dan perhutanan, termasuk—
(a) Pertanian dan pinjaman pertanian; dan
(b) Hutan.
laws & developments

• Constitution of Malaysia _ supreme law for

FEDERAL the land.
GOVERNMENT • Federal Laws enacted by parliament apply
throughout the country
Exceptions; the National Land Code governs the peninsula
on most land matters. In Sabah, the main legislation is
the Sabah Land Ordinance; in Sarawak, the Sarawak Land
Code.
STATE
GOVERNMENTS • State Laws enacted by state legislative
assemblies for the particular state; often
referred to as enactments or ordinances
e.g. Land, Minerals & Natural Resources and Religions
LOCAL • Local Governments can

GOVERNMENTS create rules and by-laws
e.g. Local Plans, Development Controls
laws & developments

topics

.
1. laws of the land
3. national land code
laws of the land development process

laws related to development
LAWS TO BE WELL ACQUAINTED WITH
Act 56 - National Land Code, 1965

Act 117 - Architects Act, 1967
Act 118 - Housing Development (Control and Licensing) Act, 1966
Act 127 - Environmental Quality Act, 1974
Act 133 - Street, Drainage & Building Act, 1974
Section 133 . By-Laws of Act 133 - Uniform Building By-Laws, 1984
Act 138 - Registration of Engineers Act, 1976
Act 139 - Factories and Machinery Act, 1967
Act 171 - Local Government Act, 1976
Act 172 - Town and Country Planning Act, 1976
Act 318 - Strata Titles Act, 1985
Act 341 - Fire Services Act, 1988
Act 418 - Waters Act, 1920
Act 447 - Electricity Supply Act, 1990
Act 486 - Land Acquisition Act,1960
Act 508 - Sewerage Services Act, 1993
Act 514 - Occupational Safety and Health Act, 1994
Act 520 - Construction Industry Development Board Act, 1994
Act 757 - Strata Management Act, 2013
Act 588 - Communications and Multimedia Act, 1988
laws related to development
SUBJECT MATTERS
NATIONAL LAND CODE, 1965

Ownership – Form of Title, Category of Land Use and Express Conditions and
Restrictions in Interest of the said land.
Conversion of Category of Land Use from Agriculture into Building or Industry.
Amalgamation or Sub-division exercise or Surrender and Re-alienation of the
land.
LAND ACQUISITION ACT, 1960

If development involves acquisition of land by the Government for public use or
of economic benefits to the public.
UNIFORM BUILDING BY-LAWS, 1984-1988 [version 1984 vs 2012]
STRATA TITLES ACT, 1985

Preparation of titles for stratified commercial and residential developments
HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT, 1966

Residential landed and stratified properties – design & construction
considerations and certifications on Sale & Purchase Agreement.
topics

.
1. laws of the land
nlc development process

national land code, 1965
LEGISLATIONS ON LAND ADMINISTRATION
LAND MATTER IS A STATE MATTER

In Peninsular Malaysia, land matter is governed by the states. Land matters
form part of the State List in the Ninth Schedule in the Federal Constitution
1957.
NLC is applicable to Peninsular Malaysia; except Melaka & Penang have
additional acts.
In Sabah, the main legislation is the Sabah Land Ordinance and in Sarawak,
the Sarawak Land Code.
NLC vested land administration to the State Director of Land and Mines
[Pengarah Tanah dan Galian], Registrar of Titles and Director of Survey and
Mapping.
Land Administrator at district land offices manage land matters at mukim level in
the district or sub-district.
NLC allows the State Authority, the DUN [but normally the State EXCO], to
enacts laws or make decisions on land matters that apply strictly to its
state only.
background on nlc
LEGISLATIONS ON LAND ADMINISTRATION
LAND MATTER IS A STATE MATTER

Section 4 NLC shall
UNLESS expressly provided to the contrary,
NOT affect the provisions of the following laws -
(a) any law for the time being in force relating to customary tenure;
(b) any law for the time being in force relating to Malay reservations or Malay
holdings;
(c) any law for the time being in force relating to mining;
(d) any law for the time being in force relating to sultanate lands;
(e) any law for the time being in force relating to wakaf or bait-ul-mal;
(f) the Trengganu Settlement Enactment, 1356;
(g) the Padi Cultivators (Control of Rent and Security of Tenure) Ordinance,
1955;
(h) the Kelantan Land Settlement Ordinance, 1955;
(i) the Land (Group Settlement Areas) Act, 1960;
(ia) the Perlis Land Settlement Enactment 1966; or
(j) any law for the time being in force relating to exemptions from the
payment of land revenue;
and, in the absence of express provision to the contrary, if any provision of this
Act is inconsistent with any provision of any such law, the latter provision shall
prevail, and the former provision shall, to the extent of the inconsistency, be
void.
background on nlc
TERMS DESCRIPTION DETAILS
Document Of Title Grant or Lease Grant / Mukim Grant / State Lease / Mukim Lease /
Hakmilik Sementara
Registrar Registrar for Registrar of Titles @ Pejabat Tanah & Galian for
Document Of the State or Land Administrator @ Pejabat Tanah
Title for the Mukim
Category of Land Use 3 categories Agriculture, Building and Industry
Express Conditions Syarat Nyata Imposed Usage of Land on title by the State, e.g.
Residential, School & Petrol Station
Restrictions in Sekatan Imposed Restrictions on title by the State, e.g. in
Interests Kepentingan Subdivide, Partition, Amalgamate & Dealings -
Transfer, Lease & Tenancies, Lien, Charges,
Easements & Caveats
Implied Conditions As per Category Required compliance with conditions stated in NLC
of Land Use and cannot be removed except by law
Record of Details in Geran; Rekod Ketuanpunyaan will confirm last owner
Proprietorship, A Pelan Tanah recorded in Geran. Rekod Urusan shows any lease
Of Dealings and Other will also be or mortgage. Perkara Lain Yang Melibatkan
Matters Affecting the attached Hakmilik shows Caveat, Lien
Title
PT No No PT | Nombor Temporary File Number for Qualified Title
Pejabat Tanah registered with the Land Office
Lot No No Lot | Nombor Lot Number on Final Title after Survey
Lot dalam Geran
Certified Plan CP | Pelan Final Title plan as prepared upon survey and
Perakui adopted and kept by JUPEM
some nlc terms to familiarise with

DEFINITIONS [S5]
"alienate"
means to dispose of State land in perpetuity or for a term of years, in consideration
of the payment of rent, and otherwise in accordance with S76 or, when used in
relation to the period before the commencement of this Act, to dispose of State land
in perpetuity or for a term of years under a previous land law (not being a law
relating to mining);
"alienated land"
means any land (including any parcel of a sub-divided building) in respect of which
a registered title for the time being subsists, whether final or qualified, whether in
perpetuity or for a term of years, and whether granted by the State Authority under
this Act or in the exercise of powers conferred by any previous land law, but does
not include mining land;
selected definitions in nlc

DEFINITIONS
“conversion of land use"

[S124] Power of State Authority to vary conditions, etc., on application of
proprietor.
The proprietor of any alienated land may apply to the State Authority:
(a) the alteration of any category of land use
• Additional premium is imposed on the conversion of land use. Basis for the
computation of premium is provided in State Land Rules
(b) the rescission of any express condition or restriction in interest or the
removal of expression "padi", or any other expression; or
(c) the removal from the document of title of the expression "rubber", "Kampung" or
express conditions pertaining to land use;
(d) the amendment of any express condition or restriction in interest or the
imposition of any new express condition or restriction in interest:

DEFINITIONS [S5]
“easement"
S282(1) means any right granted by one proprietor to another for the beneficial
enjoyment of his land, i.e. any right to do something in, over or upon the land, e.g.
access road or; something should not be so done.
"land"
includes-
that surface of the earth and all substances forming that surface;
the earth below the surface and all substances therein;
all vegetation and other natural products, whether or not requiring the periodical
application of labour to their production, and whether on or below the surface;
all things attached to the earth or permanently fastened to any thing attached to
the earth, whether on or below the surface; and
land covered by water;

DEFINITIONS [S5]
"pre-computation plan"
means a plan of the layout of lots prepared by Director of Survey and Mapping or
licensed land surveyor showing the intended new boundaries and areas of those
lots which are based on computation from existing survey data and other relevant
data, where the linear mis-closure of the computation is not less than one part in
four thousand;

DEFINITIONS [S5]
"qualified title"
means title issued before survey;
Qualified Title or Hakmilik Sementara is issued with boundaries of the land being
provisional based on earlier survey.
S176 – 177 Purposes and effect of qualified title & Forms of Qualified
Title
QT may be issued in Form 11A as a Registry title or in Form 11B as a Land
Office title.
1. to enable land to be alienated in advance of survey;
2. to enable title to be issued in advance of survey:
to the individual portions into which any alienated land is to be sub-
divided or partitioned pursuant to Chapter 1 or 2 of Part Nine, or
to the combined area to be formed by the amalgamation of any such
lands pursuant to Chapter 3 of that Part.
3. QT confers on the proprietor the like rights to final title, except:
the boundaries are provisional & established by an earlier survey, and
unless otherwise provided for under this Act, the land cannot be sub-
divided or partitioned, or included in any amalgamation, nor shall any
building thereon be capable of subdivisions.
DEFINITIONS [NLC]
“requisition for survey"

A requisition for survey to the Director of Survey and Mapping as pre-requisite to:
ALIENATION UNDER QUALIFIED TITLE
[S181] Procedure prior to registration and issue of qualified title.
QUALIFIED TITLE IN CONTINUATION ON SUB-DIVISION, PARTITION AND
AMALGAMATION OF LANDS HELD UNDER FINAL TITLE
[S183] Sub-division.
“reserved land"
means land for the time being reserved for a public purpose in accordance with the
provisions of section 62 or of any previous land law;
[S62] The State Authority may reserve any State land for any public purpose but
shall gazette to describe
[1] the reserved land
[2] the purpose for the reserve
[3] designate the public officer controlling the reserved land and
[4] be conclusive evidence that the land is reserved for a public purpose.

DEFINITIONS [S5]
“state land"
means all land in the State (including so much of the bed of any river, and of the
foreshore and bed of the sea, as is within the territories of the State or the limits of
territorial waters)
other than -
(a) alienated land;

(b) reserved land;
(c) mining land;
(d) any land which, under the provisions of any law relating to forests (whether
passed before or after the commencement of this Act) is for the time being
reserved forest;

LAY DEFINITIONS ON TITLES
"title"
In lay terms, there are 4 types of land titles that freehold or leasehold properties
may be held under:
1. Master Title
2. Block Title
3. Individual Title
4. Strata Title
Master Title
Refers to a comparatively bigger piece of land in which more than 1 unit of
property is constructed and is registered in the name of developer.
Properties such as condominium, apartment and office lots are built on the
master title. The developer will then submit to the Land Office for subdivision of
the master title.
Eventually each unit will be issued with Strata Title.
Common area of the building such as facilities area, playground, visitor parking
etc will still be covered under Master Title.
extract from
http://www.themalaysiaproperty.com/freehold-or-leasehold/
Malaysia Property Counsellor 08.03.2017

LAY DEFINITIONS ON TITLES
"title"
Block Title
Rare and a smaller scale of a Master Title. It is a land title issued to a block of
property which consists of few units of property.
For example, a 5-storey shop with each storey owned by different owners is
issued with only a land title, and such land title is a Block Title.
Individual Title
Land title is issued under NLC for land and landed properties, e.g. residential,
commercial properties, that are commonly not multi-storey.
Strata Title
Land title is issued under the Strata Title Act. The title is issued after
subdivision of the master title for properties such as condominium, apartment,
shop lots.
Gated and guarded landed houses are issued with Strata Titles instead of
Individual Titles as they share common properties and facilities.
extract from
http://www.themalaysiaproperty.com/freehold-or-leasehold/
Malaysia Property Counsellor 08.03.2017

DEFINITIONS [S5]
"final title"
means Registry title, Land Office title and subsidiary title; i.e. all forms of title other
than qualified title;
Final Title or Hakmilik Kekal is issued when the land has been surveyed as per
S396 and the boundaries determined on the survey.
S396 Survey Procedures

1. its boundaries have been determined by right-lines;
2. its boundaries as so determined have been demarcated on the surface of
the land by boundary marks or, if by reason of the configuration thereof or for
any other cause the placing of boundary marks on the actual line if the
boundary is to any extent impossible or impracticable, boundary marks have
been so placed to enable that line to be ascertained;
3. the area enclosed by its boundaries as so determined has been calculated;
4. a lot number has been assigned thereto by the Director of Survey and
Mapping; and
5. a certified plan, showing the situation of the land, the position of its boundaries
as so determined and of the boundary marks placed thereon and the area and
lot number thereof, has been approved by the Director of Survey and
Mapping.

DEFINITIONS [S5]
"grant" [geran]
means a register document of title held in perpetuity;
1. “Grant" - a register document of title in Form 5B to land held under Registry
[state Registrar Of Titles @ PTG] title in perpetuity;
2. "Mukim Grant" - a register document of title in Form 5D to land held under
Land Office [Land Administrator @ PT] title in perpetuity;
3. Land alienated and registered as a Grant or Mukim Grant is a Freehold land

and is held in perpetuity i.e. for an indefinite period

DEFINITIONS [S5]
"lease" [pajakan]
means a registered lease or sub-lease of alienated land.
1. "State Lease" - a register document of title in Form 5C to land held under
Registry [state Registrar Of Titles @ PTG] title for a term of years;
2. "Mukim Lease" - a register document of title in Form 5E to land held under
Land Office [Land Administrator @ PT] title for a term of years;
3. Land alienated and registered as a State Lease or Mukim Lease is a

Leasehold land and is held on a lease period for a term of years, not
exceeding 99 years, i.e. for a definite period. Upon expiry of the period of
lease, the land shall be reverted to the state.

DEFINITIONS [S5]
“subsidiary register"
means the register of subsidiary title maintained under the provisions of the Strata
Titles Act 1985 and includes a strata register as defined in section 4 of that Act;
“subsidiary title"
means title issued under this Act to any of the individual parcels within a building
which has been subdivided pursuant to the Strata Titles Act 1985 [including a strata
title];

TYPE OF TITLES FOR ALIENATION [S77]
“registry title" with Registrar Of Titles @ Pejabat Tanah & Galian [PTG]
(a) Registry title shall be appropriate in the case of-
(i) town or village land,
(ii) any lot of country land exceeding four hectares [10 acres] in area, and
(iii) any part of the foreshore or sea-bed;
and
“land office title" with Land Administrator @ Pejabat Tanah [PT]

(b) Land Office title shall be appropriate in the case of any lot of country land, not
exceeding four hectares [10 acres] in area;
Provided that-
(i) the State Authority may if it thinks fit, on approving the alienation of any country
land, direct that the land shall ultimately be held under Registry title notwithstanding
that its area does not exceed four hectares, and
(ii) the foregoing provisions shall have effect subject to section 11 of the Land
(Group Settlement Areas) Act, 1960, under which Land Office title is required to be
issued in respect of all holdings under that Act.
registry title vs land Office title

REGISTER DOCUMENT OF TITLE / HAKMILIK
application for title type of holding pre-survey post-survey
FREEHOLD QUALIFIED TITLE

FINAL TITLE 5B
TITLE @ Pegangan Selama- HSD Hakmilik
GN Geran Negeri
Lamanya Sementara 11A
LAND & MINES
OFFICE
PTG Hakmilik LEASEHOLD
QUALIFIED TITLE
Pendaftar Negeri Pegangan Selama FINAL TITLE 5C
HSD Hakmilik
Tempoh Tahun PN Pajakan Negeri
Sementara 11A
Tertentu
FREEHOLD QUALIFIED TITLE

FINAL TITLE 5D
Pegangan Selama- HSM Hakmilik
GM Geran Mukim
TITLE @ Lamanya Sementara 11B
LAND OFFICE
PT Hakmilik
LEASEHOLD
Pentadbir Tanah Pegangan Selama
QUALIFIED TITLE FINAL TITLE 5E
HSM Hakmilik
Tempoh Tahun PM Pajakan Mukim
Sementara 11B
Tertentu
type of titles under nlc

QUALIFIED TITLE 11A QUALIFIED TITLE 11B
HSD Hakmilik Sementara HSM Hakmilik Sementara
qualified title | hakmilik sementara . Form11 @ Sch 14

qualified title | hakmilik sementara . Form11 @ Sch 14

FINAL TITLE 5B FINAL TITLE 5C
GN Geran Negeri PN Pajakan Negeri
final title | hakmilik kekal . Form 5 @ Sch 14

FINAL TITLE 5D FINAL TITLE 5E
GM Geran Mukim PM Pajakan Mukim



PRINCIPLES
S40All Land, Minerals and Rocks belong to the State
S41State has powers to dispose [S42-45] and revert [S46-47] land
DISPOSAL
S42
1. Power of State to Alienate [S51-61],
2. Reserve & Lease [S62-64],
3. Permit Temporary Occupation [S65-69],
4. Permit Extract & Removal of Rock [S70-75] and,
5. Permit use of Air Space [S75A-75G]
except for Mining & Forest produce [governed under different laws] and
Reducing Agricultural Land < 0.4 ha [1 acre]
REVERSION
S46 Land revert to state upon Expiry of Term, proprietor’s Death without
successors and Surrender [Part 12 - S195-204]
powers of state under nlc

CLASSIFICATION OF LAND [S51]
LAND
Classification land above foreshore &

of Land shore-line sea-bed
town land village land country land

Land Above
[state [state [all other
Shore-line
declared] declared] land]
classification of land + category of land use

CATEGORIES OF LAND USE [S52 + S121 & S122]
LAND USE
Category of Land Use AGRICULTURE BUILDING INDUSTRY
S121 S122 S122

[1] required [1] set area of [1] set area of
cultivation of building [plinth or building [plinth or
EXPRESS particular crop(s) ratio] ratio]
[2] prohibition of [2] type, design, [2] type, design,
CONDITIONS cultivation of height & height &
as may be imposed particular crop(s) structure of structure of
by State Authority [3] fixing dates of building building
under clearing, [3] dates of [3] dates of
S121 & S122 cultivate, sow, commence or commence or
harvest etc complete of complete of
[4] limit area for building building
buildings [4] building use [4] building use
Implied Conditions
as spelt out under as per S115 as per S116 as per S117
S115, S116 & S117
category of land use + express & implied conditions

CATEGORIES OF LAND USE [S52 + S115 – S117]
LAND USE
Category of Land Use AGRICULTURE BUILDING INDUSTRY
Express Conditions State Authority State Authority State Authority

S121 & S122 May Impose May Impose May Impose
S116
S115
[1] Building
[1] No buildings S117
erected within 2
except related to [1] Industry
years of
agriculture purposes only
alienation
[2] Commence [2] Industry
[2] No
IMPLIED cultivation within operational
agricultural or
12 months & fully within 3 years of
CONDITIONS industrial use
cultivated within alienation
[3] building
S115, S116 & S117 3 years of [3] No
maintained
alienation demolitions,
[4] No
[3] maintained alterations &
demolitions,
good husbandry extensions
alterations or
[4] continuously without approval
extensions
cultivated
without approval
category of land use + express & implied conditions

ALIENATION
S77 Titles under which land may be alienated.
(1) The titles under which State land may be alienated under this Act are-
(a) Registry title and Land Office title (being forms of final title), and
(b) Qualified Title.
(2) Land may be alienated under qualified title at any time after its
alienation has been approved by the State Authority,
but may not be alienated under either of the forms of final title
aforesaid unless-
(a) it has been surveyed in accordance with the provisions of section 396
(whether for the purposes of the alienation in question or on some previous
occasion),
or
(b) having been surveyed under any previous land law, it
is shown on a
certified plan prepared on that survey and adopted by the
Director of Survey and Mapping for the purposes of this Act.

UNDERGROUND LAND [S92A – 92I]
DISPOSAL OF UNDERGROUND LAND IN FEDERAL TERRITORY
OF KUALA LUMPUR
S92B Specification of rights in respect of underground land upon

alienation.
Upon the alienation of any State land under this Act, the State Authority may -
specify the depth up to which the underground land directly and
immediately, below the alienated land may be used, and different depths
may be specified in respect of different parts of such underground land:
S92D Application for independent use or alienation of

underground land below alienated land.
Application to Federal Territory of Kuala Lumpur. In the application of the new Part
Five (A) to the Federal Territory of Kuala Lumpur-
(a) references therein to the State Authority shall be construed as references to the
Government of the Federation; and
(b) references therein to State land shall be construed as references to Federal
land.
Published as PU(A) 377/2017 | 30 November 2017

SUB-DIVISION & VARIATIONS [S124 – 124A]
S124 Power Of State Authority To Vary Conditions On Application Of

Proprietor
1. Alter category of land use,
2. Rescission [cancellation] of express condition or restriction in interest
3. Removal of expression pertaining land use e.g. kampong, rubber etc
4. Amendments or Imposition of new express condition or restriction interest
But may include directions for payments of premium, charges, new rent &
compliance with new requirements
S124A Simultaneous Application for Sub-division and Vary Conditions
Proprietor of land may apply simultaneously for subdivision of land
and change of category of land use, express condition and
restriction in interest etc subject to complying with new requirements as
set out in S124(5).
rights of proprietor under nlc

SUBDIVISION [S135]
S135 Power Of Proprietor To Sub-divide

1. The proprietor of any alienated land held under Registry or
Land Office title may subdivide the land into two or more
portions ("sub-divisional portions") to be held by him under separate
titles.
2. The approval required shall be given:
(a) by the State Director for land held under Registry title, and
(b) by the Land Administrator for land held under Land Office title
• proprietor agreed that as a consequence of subdivision, the land approved by

planning authority etc to be used for public purpose be surrendered in
accordance with S197 Applications for approval of surrender of whole.
• Example
A 3-acre Land owned by a person [or more] when subdivided, the owners will
own two or more plots of land under his name [their names] at whatever decided
divisions [breaking up the lot into more than 1 lots under the original owner(s)].

PARTITION [S140 & S141A]
S140 Powers Of Co-proprietors To Partition With Approval Of State

Director Land Administrator Or State Authority.
• Co-proprietors may apply to divide a piece of land under final title into 2 or more
portions so that each co-proprietor will obtain a separate title for his portion
under his name.
• each portion will reflect the proportions of ownership of the original final title
and;
• [S140] application submitted with consent of all co-proprietors
• [S141A] application submitted by any co-proprietor or the majority of co-
proprietors
• each partition will have a satisfactory means of direct access _ to a road, a river,
a part of the foreshore or a railway station, or by application for a Land
Administrator's right-of- way or over land which is to be treated as surrendered
to the State Authority. Exception, if the category of land use is “agriculture”, the
State may waive the requirement.
• Example
A 3-acre Land with 2 owners; with Owner A owning 2/3 of land and Owner B
owning 1/3 when partitioned, Owner A will own a 2-acre plot and Owner B will
own a 1-acre plot [breaking up the lot to separate ownership]

AMALGAMATION [S146]
S146 Power of proprietor to amalgamate contiguous lots with approval

of State Director or Land Administrator.
• Owner of 2 or more contiguous lots, i.e. sharing at least 1 common
boundary, of alienated land and vested under separate Registry or Land
Office titles may amalgamate those lots into one, to be held by him
under a single title
• the amalgamation only for lots situated in the same mukim, town or village
S147 Conditions for approval of amalgamation.
• State Authority to sanction amalgamation
(a) where the lots to be amalgamated are all held under Land Office title, and
their combined area will exceed four hectares;
(b) where the said lots are held partly under Registry title and partly under
Land Office title;
(c) where any dissimilarity exists between any of the said lots in any of the
following respects-
(i) the periods for which they are held;
(ii) the rates at which rent is payable;
(iii) the categories of land use, conditions and restrictions in interest.

SURRENDER AND RE-ALIENATION [S203]
S203 Applications For Surrender And Re-alienation

1. Land Administrator may approve the surrender of any two or
more contiguous lots held by same proprietor under Land
Office title on the terms that the land be immediately re-alienated to the
proprietor in different units, each of less than four hectares, and
each under the form of qualified title corresponding to Land Office title.
2. The said circumstances are as follows-
(a) that the lots in question are all situated in the same mukim, town or
village;
(b) that no dissimilarity exists between any of the lots as respects
the periods for which they are held, the rates at which rent is payable,
or the categories of land use, conditions and restriction in interest to
which they are subject;
(c) that the combined area of the lots exceeds four
hectares; and
(d) that none of the lots is subject to any registered interest or tenancy
exempt from registration protected by endorsement on the register
document of title.

SURRENDER AND RE-ALIENATION [S204B]
S204B Power to Approve Surrender And Re-alienation

1. The State Authority may approve the surrender of any one or
more contiguous alienated lands held under final title or
qualified title or a combination thereof held by the same proprietor on the
terms that certain portions of the land be immediately re-alienated to the
proprietor in different portions and units or in different units.
2. In relation to land held under qualified title, an application for surrender
and re-alienation may only be entertained if the land has been
duly surveyed and certified plan has been approved by the Director of
Survey and Mapping.

LAND ADMINISTRATION PROCEDURE
Example of Land Administration Procedure
1 Submit Application Form to Land Office with land particulars and
fees payable.
2 Land Office refer application to relevant departments
for comments. [or PTG for Titles under Registry]
3 Land Administrator forward application to State Authority
with recommendations to approve or reject. [or State Director /
Registrar of Titles @ PTG]
4 Executive Council decides on the application and applicant will be
informed of decision.
5 If application is approved, applicant to pay all the fees
specified. Then, QT will be issued.
6 Land will be surveyed by JUPEM or a licensed surveyor.
7 A registered title will be issued to the proprietor.

APPLICATIONS FOR ARCHITECTS
CONVERSION, AMALGAMATION & SUBDIVISION

1. Any development proposal on a land with a Category of Land Use :
Agriculture must be converted to a more suitable category of either
Building or Industry. Even a land with a Category of Land Use : Building
must be converted to Industry if it is to be used as such.
2. A large piece of land needs to be sub-divided, and also converted, to enable
development to take place. Amalgamation of lots may also be in order.
3. Sub-division or Amalgamation can only be done on an alienated land
with Final Title, i.e. either a Registry Title or Land Office Title. Land with a
Qualified Title is no longer allowed to be sub-divided or amalgamated.
STRATA TITLE
1. Under Section 6(1) of Strata Titles Act, 1985, any building or land may
only be sub-divided if the land is alienated under a Final Title.
SURRENDER & RE-ALIENATION

1. To enable conversion, amalgamation & sub-division exercise
the land should also be on Final Title. Land on Qualified Titles must
be at the tail end of the process to obtain Final Title if to be entertained.
architect’s advise to client

topics

.
1. laws of the land
nlc & strata development process

strata developments
STRATA DEVELOPMENT PROCEDURES
On 1 June 2015, the Housing Development (Control & Licensing) Act 2012,
Strata Titles (Amendment) Act 2013 and Strata Management Act 2013 came
into force.
These Acts are supplemented by the Housing Development (Control &
Licensing) (Amendment) Regulations 2015 and Strata Management
(Maintenance & Management) Regulations 2015.
The Acts require developers to fulfil certain pre-requisites before
any sale of strata property, e.g. obtaining a CPSP from JUPEM, apply
subdivision / strata approval upon reaching “superstructure stage” and within a
month of CPSP, SiFUS and filing the Schedule of Parcels with COB.
This is to achieve Vacant Possession [VP] with Strata Title.
Added information can be obtained by reading the Building & Common Property
(Maintenance & Management) Act 2007 which address issues of maintenance
and management of high-rise buildings and their common properties by
developers, Joint Management Body and Management Corporations.
nlc to be read with strata titles act

strata developments
DEFINITIONS [STA 1985]
strata-title developable land

Under Section 6(1) of Strata Titles Act, 1985, any building or land may only be
sub-divided if the land is alienated under a Final Title.
strata scheme
A property development which divides buildings or land into parcels, boxes and
accessory parcels and common property and a management system has been set
up; e.g. flats, apartments, condominiums, townhouses and landed houses in gated
community schemes.
cluster housing
Officially known as strata-landed housing, cluster homes are landed homes with
shared common recreational facilities.
Uses strata title arrangement to define the extent of the communal facilities and
private areas. Maintenance of facilities through cost-sharing.
common terms in strata developments

strata developments
“strata register"
means the register of strata titles maintained under the provisions of section 15 of
the Strata Titles Act 1985;
REGISTRATION OF STRATA TITLES
Preparation and maintenance of strata register
15. (1) The Registrar shall prepare and maintain for the purposes of this Act a register of
strata titles to be known as the strata register.
(2) The strata register shall consist of a series of books, each relating to one lot,
(3) The name of the management corporation,
“strata title"
means the title issued under section 16 of the Strata Titles Act 1985;
Strata title is a registered proof of ownership for sub-divided property. For the
purpose of dealings: ie transfer, charge, lease and small estate distribution
DOCUMENTS OF STRATA TITLE
16. (1) The Registrar shall prepare documents of strata title in respect of—
(a) a parcel in Form 4; and
(b) a provisional block in Form 4A, if any.

strata developments
”parcel”
“Parcel“ is one of the individual units within a subdivided building which (except in
the case of an accessory parcel) is held under separate strata title or in the case of
a subdivided land, means one of the individual units of land parcel;
“accessory parcel”
“Accessory Parcel” is any parcel which is used exclusively by the Parcel proprietor,
e.g. designated car park lot and air-cond balconies
“common property“
“Common Property” refers to any part of the lots which is not comprised in any
parcel, e.g. visitors parking, gym, pool, elevators and guard house

strata developments
“schedule of parcel“
Jadual Petak to be submitted by Developer / Land Surveyor to COB
(Commissioner of Building).
Endorsed by architect & surveyor as capable of being subdivided. Precondition for
Sales Permit
SiFUS
SiFUS is an acronym for SIJIL FORMULA UNIT SYER or the CERTIFICATE OF
SHARE UNIT FORMULA issued by PTG prior to the sale of strata properties
CPSP
The CERTIFICATE of PROPOSED STRATA PLAN is applied by a Licenced
Surveyor to JUPEM [Department of Survey and Mapping] after the completion of
superstructure.
JUPEM issues CPSP [Sijil Perakuan Pelan Cadangan Strata]

topics

.
1. laws of the land
ubbl development process

uniform building by-laws, 1984-1988
ACT 133
STREET, DRAINAGE & BUILDING ACT, 1974
Sections 70 (20 & 21) Issuance of CCC
(20) No certificate of completion and compliance shall be issued except by a principal
submitting person in accordance with the time, manner and procedure for the
issuance thereof as prescribed by this Act or any by-laws made thereunder.
(21) Before the issuance of a certificate of completion and compliance, it shall
be the duties and responsibilities of the principal submitting person to —
(a supervise the erection of the building to ensure that the erection is in
conformity with the approved plans and the requirements of the provisions of
this Act or any by-laws made thereunder;
(b) ensure that the building has been duly constructed and completed in
conformity with the approved plans and the requirements of this Act or
any by-laws made thereunder and that all technical conditions imposed by the
local authority has been duly complied with;
and
(c) ensure that the building is safe and fit for occupation.
sdba
ACT 133
Sections 70 (27) Issuance of CCC
(27) Any person who—
(a) is not the principal submitting person but issues a certificate of completion and
compliance;
(b) issues a certificate of completion and compliance without the relevant
forms as prescribed in any by-laws made under this Act;
(c) issues a certificate of completion and compliance in contravention of a
direction given by the local authority to withhold such issuance pending
rectification of any noncompliance;
(d) knowingly makes or produces or causes to be made any false or
fraudulent declaration, certificate, application or representation of any form
prescribed in any by-laws made under this Act;
(e) uses any forged, altered or counterfeit declaration, certificate, application
or representation of any form prescribed in any by-laws made under this Act
knowing the declaration, certificate, application or representation have been
forged, altered or counterfeited; or
sdba
ACT 133
Sections 70 (27) Issuance of CCC
(27) Any person who—
(f) occupies or permits to be occupied any building or any part thereof
without a certificate of completion and compliance,
shall be liable on conviction to a fine not exceeding two hundred

and fifty thousand ringgit or to imprisonment for a term not
exceeding ten years or to both.
sdba
UBBL version 2012
UBBL amendments 2012 have a number of additions and deletion.

The latest amendments have some major and minor amendments to some
critical by-laws.
Architects should ensure compliance with the latest UBBL used in the states
where they operate.
UBBL : PART I PRELIMINARY

UBBL : PART IA DEMOLITION OF BUILDING
UBBL : PART II SUBMISSION OF PLANS FOR APPROVAL
UBBL : PART III SPACE, LIGHT AND VENTILATION
UBBL : PART IV TEMPORARY WORKS IN CONNECTION WITH BUILDING
OPERATIONS
UBBL : PART V STRUCTURAL REQUIREMENTS
UBBL : PART VI CONSTRUCTIONAL REQUIREMENTS
UBBL : PART VII FIRE REQUIREMENTS
UBBL : PART VIII FIRE DETECTION, FIRE ALARM AND FIRE EXTINGUISHMENT
UBBL : PART IX MISCELLANEOUS
SCHEDULES
ubbl
UBBL version 2012
By Laws 2A – 2G DEMOLITION OF BUILDINGS

2A & 2B Apply to Demolition of a Building before Reconstruction and Preparation and
Submission of Demolition Plan.
Before demolition, Submitting Person [SP] to submit a detailed demolition plan
with a stability report complying MS2318:2010(P).
2C & 2E Power of Local Authority to reject Demolition Plan and Stability Report, if not in
accordance with Methods of Demolition as per MS2318:2010(P)
2D & 2F Notice of Commencement or Resumption [Form B] and Duties SP of SP until
completion of Demolition Work
By Law 5 SUPERVISION OF WORK

NO ERECTION of Building WITHOUT PRINCIPAL SUBMITTING PERSON [PSP] or SP or
person authorised by PSP/SP carry SUPERVISION of Setting Out and Erection of Building.
Erection of Building shall be under FULLTIME supervision of a CIDB accredited
CONSTRUCTION SITE SUPERVISOR.
NOTE: This condition should be inserted in the TENDER DOCUMENT UBBL.
completion of Demolition Work
By Law 7 WITHDRAWAL
or Change of Qualified Person / Principal Submitting Person
Refer By Law 2F for withdrawal of PSP/SP during Demolition Work
ubbl
UBBL version 2012
By Law 25(1) – (13) CCC

SP to issue CCC / Certificate of Completion and Compliance once ALL TECHNICAL
CONDITIONS imposed by the local authorities are complied;
Stage Certification FORMS G to G21 are certified and;
ALL ESSENTIAL SERVICES including Access Road, Landscape, Car Parks, Drains,
Sanitary, Water, Electrical, Communication, Fire Hydrants, Sewerage, Refuse Disposal and
Fire Lifts are in order
By Law 27 PARTIAL CCC

PSP may issue Partial CCC Form F1, provided essential services including Access Road,
Landscape, Car Parks, Drains, Sewerage, Refuse Disposal and Fire Lifts are in order.
By Law 28(1) OFFENCE

OFFENCE not to DEPOSIT CCC Form F/F1 and Forms G-G21 to local authorities and
LAM/BEM on time or fail to comply with notice issued by Local Authorities for non-
compliance.
Cross Refer to SDBA Section 70 (20) & (21)
ubbl
UBBL version 2012
By Laws 133 - 224 FIRE REQUIREMENTS &
By Laws 225 - 253 FIRE DETECTION, FIRE ALARM AND FIRE

EXTINGUISHMENT
Covered under Talk on Fire
By Law 258 FAILURE TO BUILDINGS

(1) In the event of any failure to any building or part of the building, whether in the course
of erection or after completion, the principal submitting person or submitting person
who–
(a) submitted the plans, drawings or calculations for such building;
(b) supervised the setting out of such building;
(c) certified that the setting out was carried out in accordance with the approved site
plan;
(d) supervised the erection of such building;
(e) certified that the proper supervision of such building as carried out
shall within one week of the occurrence of such failure or such further period as may
be specified by the local authority within whose jurisdiction such building is situated–
(i) report such failure;
(ii) explain the cause of failure; and
(iii) if such failure occurred during the erection of such building, state the remedial
action taken.
ubbl
topics

.
1. laws of the land
development process development process

development process
IDENTIFY DEVELOPMENT STAKEHOLDERS
LAW OF
THE LAND
political building
POLICY POLICY
MAKERS MAKERS
planning
HOUSE BUYER CONTRACTORS
ASSOCIATIONS POLICY
MAKERS
CLIENT BUILDING
DEVELOPE APPROVING
AGENCIES
R
PURCHASERS CONSULTANTS
BANKERS SERVICE
PUBLIC PROVIDERS
financial
POLICY
MAKERS
development stakeholders
development process
DEVELOPER CONSULTANTS
BUILDING CONTROLLERS GOVERNMENTS
• LA / PBT • MINISTRIES & DEPARTMENTS
• JPBD • LAWS OF THE LAND
• PTG / PTD
• JKR
• JAS
• ROADS AND DRAINS_LA ENG DEPT
• JPS
• JPP & IWK
• SPAN & SYARIKAT BEKALAN AIR
• TNB
• SKMM / TELCO
• JPA
• JMG
• CIDB
• SIRIM [MS]
BUILDERS
• CONTRACTORS
• VENDORS
• MANUFACTURERS
PUBLIC FINANCE
• PURCHASERS • BANK NEGARA
• HBA • BANKERS
• LAWYERS
development stakeholders
development process
extract from KPKT slides
endorsing stakeholders
development process
development process
development process
sifus to strata title

development process
sifus & schedule of parcel to sale

development process
KM
BP
http://rehdainstitute.com/wp-
content/uploads/2016/11/Processes-on-
SiFUS-Strata-Title_Version02_20161028.pdf
SIFUS to JUPEM
& PTG
Schedule of
Licenced Surveyor Parcels at COB
1 month
processing to Within 3 AP/DL
issue months to
1 month Certificate of submit
processing Proposed Proposed SALE
Strata Title by Strata Plan by Strata Plan to
PTG JUPEM JUPEM
CONSTRUCTION
Apply Strata Superstructure

Title Stage
Strata Title CCC
VP
architect’s involvement in procedure

development process
WORK OUT THE WORK SEQUENCE
work sequence
development process
a developer’s timeline
development process
developer’s bar chart

development process
consultants’ bar chart

development process
consultants’ – contractor’s bar chart

development process
overall development process

thank you
for your attention
and all the best
badrul hisham mohamad said
badrul@badrulhisham.com
development process

3 - Badrul Hisham, Dev Process

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development process

In context of current development laws

seminar on preparation for lam part 3

answer all questions

topics to be shared in the talk

topics to be shared in the talk

governments roles in law development process

Hal Perkara undang-undang persekutuan dan Negeri

Ketidakselarasan antara undang-undang persekutuan dengan undang-

Jadual Kesembilan . Senarai II — Senarai Negeri

laws & developments

• Constitution of Malaysia _ supreme law for

LOCAL • Local Governments can

laws & developments

topics to be shared in the talk

laws of the land development process

Act 56 - National Land Code, 1965

NATIONAL LAND CODE, 1965

LAND ACQUISITION ACT, 1960

UNIFORM BUILDING BY-LAWS, 1984-1988 [version 1984 vs 2012]

STRATA TITLES ACT, 1985

HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT, 1966

topics to be shared in the talk

nlc development process

LAND MATTER IS A STATE MATTER

LAND MATTER IS A STATE MATTER

some nlc terms to familiarise with

selected definitions in nlc

“conversion of land use"

selected definitions in nlc

selected definitions in nlc

selected definitions in nlc

“requisition for survey"

selected definitions in nlc

(a) alienated land;

selected definitions in nlc

selected definitions in nlc

selected definitions in nlc

S396 Survey Procedures

selected definitions in nlc

3. Land alienated and registered as a Grant or Mukim Grant is a Freehold land

selected definitions in nlc

3. Land alienated and registered as a State Lease or Mukim Lease is a

selected definitions in nlc

selected definitions in nlc

“land office title" with Land Administrator @ Pejabat Tanah [PT]

registry title vs land Office title

application for title type of holding pre-survey post-survey

FREEHOLD QUALIFIED TITLE

FREEHOLD QUALIFIED TITLE

type of titles under nlc

qualified title | hakmilik sementara . Form11 @ Sch 14

qualified title | hakmilik sementara . Form11 @ Sch 14

final title | hakmilik kekal . Form 5 @ Sch 14

final title | hakmilik kekal . Form 5 @ Sch 14

final title | hakmilik kekal . Form 5 @ Sch 14

final title | hakmilik kekal . Form 5 @ Sch 14

powers of state under nlc

Classification land above foreshore &

town land village land country land

classification of land + category of land use

Category of Land Use AGRICULTURE BUILDING INDUSTRY

S121 S122 S122

category of land use + express & implied conditions