Tuesday, December 12, 2017

NLC Underground Land (Minimum depth) 2017

Recently gazetted National Land Code (Underground Land) (Minimum depth) Regulation 2017 is a short regulation that explain the minimum depth of underground land for different type of land category. 
A minimum depth of 6m for agriculture land, 10m for building land and 15m for industrial land. A new interesting clause was added is the item 

Non-application 
  1. (3)(b)"based on the usage of the underground land or the requirement for the development of the underground land or other matters affecting the underground land relating to the usage or requirement for development of the underground land. "
Which means, the requirement of the minimum depth can be overrule based on the usage given by the state, hence any minimum depth of underground land can be alienated. 

Links to download (AGC) :-

Links to download (Google drive) :-

Monday, December 4, 2017

Strata Titles (Amendment of Fifth Schedule) Order 2017

A minor amendment to the Strata Titles forms dan tabulation was gazetted 29th November 2017 however the implementation and take effect on 1st January 2018.
The amendment was done to further update the tabulation with more information provided in the Schedule of parcel plus including the new rent (quit rent) for individual strata title information for future collection of quit rent directly from the strata title owner.
More information can be view via the link below.

Links to download (AGC) :-
http://www.federalgazette.agc.gov.my/outputp/pua_20171129_P.U.%20(A)%20368%202017.pdf

Alternative links :-
https://drive.google.com/open?id=1JFl1QbE-7aUHk611O2jUcw_LT1vlCl_n

Saturday, December 2, 2017

National Land Code Amendment 2016

Some of the basic information of the amendment are as below :-
Act 1516 : National Land Code (Amendment) Act 2016
Date of Royal Assent : 31st August 2106
Date of publication in the Gazette : 9th September 2016

Introduction of Section 90A, "Extension of land alienated for a term of years".
Prior to the introduction of Section 90A, there aren't any proper section or application process for the extension of land lease in National Land Code (NLC) so with this introduction, it will spell out all the processes, requirement, approval and payment for this processes. A timely amendment as many of the  leasehold land granted/approved after independence of Malaya are nearing the end of the lease term.
Section 90A (1)(8) also cater to the strata development with leasehold land title. The application can be made by the management corporation on the authority of a unanimous resolution. 
Points to take note that the application under Section 90A shall be made before the expiry of the leasehold land term. 
There aren't any specific explanation of what will happened to the land title, upon approval and payment of premium determine by the state authority, so I assume that the land title will be endorsed with a memorial that the term lease are extended. The land title will remain in effect and continue to be used until the new term expired. The land title number and details will remain except the date of leasehold term expired.
In the old practise, upon renewal of term of lease, a new title will be issued and all reference to the old title are broken. Problem will arise if the development is a strata development where all the strata title are reference to the land title and if the land title details had changes we will need to recall and register new strata title for all. 

Amendment of Section 204B, 204D, 204E, 204G, 204GA
Section 204 is one of the most versatile and most used in land development. There are some serious differences in interpretation of this section by different state authorities which causes a lot of confusion to the applicant. 
Major changes in the application are the requirement for the land to be surveyed and certified plan has been approved by Director of Survey and Mapping if the land are held under qualified title (Section 204B(2)). One of the major advantages of application done under Section 204 is you can apply using qualified title without survey works being done, this is to save time during the land development process. However, the state authorities may waive this requirement under their discretion.
Another confusion is the tenure of land being given back upon approval of land submitted under Section 204. In the new Section 204E(3A), clarification on the freehold land being submitted will be given back as freehold land upon approval except where the proprietor request otherwise. 
New Section 204E(3B), also allowed that state land to be alienated during the application which is a great help for applicant. Sometimes during land development, some small pockets of land part will be required to be alienated together as required by the authorities. In the old practise, logically Section 204 do not allowed for land alienation so the only option is to submit the application under Section 197 + Section 76. A great welcome to this introduction!

Introduction of Section 96A "Rent of land with subdivided building"
This section is to cater to the introduction of collection of rent for strata title properties. In the future, individual strata title will be charged rent individually and to avoid double rent payment as the land title are subjected to rent too, hence this section will exempt the land title to rent. 

There are many more amendment, however I just highlight some of the major amendment that effect land surveyor the most. For more information and leisure read, you can download the amendment via the links below.

Links to download :-

Monday, November 27, 2017

Why boundary marks are important !

I bump into this photo sometime ago and I feel that it clearly show the importance of boundary markers in land management and ownership. In Malaysia context, all land belong to the state ruler (except federal state that belong to the Federation of Malaya/Malaysia i.e. Kuala Lumpur, Putrajaya) where some of the lands are demarcated and given to individual/company in form of land titles, there are too land that are gazetted as special uses.
Both land titles and gazetted land will require demarcation on the ground in forms of boundary marks to clearly shown the location, orientation and to compute the dimension and area of the land. All these information will be stated in hardcopy of plans (certified plans, pre-comp plans even sketches) or titles (qualified titles, final titles & TOL).
Without boundary markers, there will be challenge to prove the actual ownership of the land. In the photo above, if the farmer are unable to determine the boundary of their land, they won't be able to build a proper drainage to water their plants. By having that boundary marker clearly shown, all 3 farmers are able to construct a efficient drainage system on the edge of their boundary to maximise land usage without trespassing each other land.
In the context of house owner, the boundary marks normally are important to mark the location of their fencing or even the party wall.
In the context of state, a common state boundary marks are important to safeguard the legal ownership of the land, rivers, canals and transportation.
In the context of country, boundary marks will impact the economic benefits, security, and many more.
Do you know that licensed land surveyor are the only person (other than the Director of survey and Mapping) that are authorised to plant boundary markers for title survey purposes ?
Hence, I always advice land owner to appoint a licensed land surveyor for survey works irregardless of scope of survey works. Because in the end of the day, any dispute on the survey works done the land owner can always seek help from the Land Surveyor Board (LJT) or Department of Survey and Mapping (JUPEM) to be the 3rd party to advice as they regulate the activities of licensed land surveyor.

Friday, November 17, 2017

Equity & Equality

The above picture had shown the differences between both and we must take note that the impact by these two words ; Equality & Equity can gives when used. The usage are greatly highlighted in Strata Title Act during the approval of strata title especially in the calculation of share unit.
In the calculation of share unit, multiplying factor are given to individual parcel owner to determine their final share unit and by applying the concept of equitable, each parcel are given a fair multiplying  factor in regards of that particular strata development. Since all strata development aren't the same, by having different sets of multiplying factor will ensure fairness and equitable share unit for all parcel owner.

Let's take the example from the above picture (equity) ;
1. The adult are not given any boxes
2. The teenager are given 1 box
3. The kid are given 2 boxes
If each boxes represent a factor of 2 hence
The adult = 1
The teenager = 1 x 2 = 2
The kid = 1 x 4 = 4
If we put this into a strata development scenario, the adult being the residential parcel owner, the teenager being the office owner and the kid being the shopping mall owner then
Residential = 1
Office = 2
Shopping Mall = 4
So we can roughly determine the multiplying factor for each component in the strata development.
Why do the shopping mall have a higher factor than the residential ?
The shopping mall are cost/value higher in the development, it uses more of the common area and it generate revenue as it is business entity hence the shopping mall parcel should have a higher share unit ratio. (This is we assume both component having the same floor space)

From the above, we can see the importance of share unit calculation result from the equitable in share unit calculation are the major factor to approve the strata title application. (Section 10, STA)

Can we apply an equal factor to all ? In a normal single type of usage strata development we can use the same multiplying factor for all the parcel to determine the share unit, however there might by variation the final parcel share unit due to different floor space and accessory parcel.

As always, strata development is a community living so it is important to keep the balance of all the parcel owner in the development to ensure a successful and long lasting development. That will create more value to all parcel in the long run.

Wednesday, November 15, 2017

Strata Title (Amendment) Act 2016

Its been a year since the amendment was gazetted back in September 2016, so what are the new item that were introduced and address from this amendment ? Below are some of the major amendment that I should point out.

1. Definition of land parcel are further clarify as being a building of not more than four (4) storeys excluding shared basement. (Amendment of Section 4)

2. Exemption of CCC or CF for the application of strata title by Land Administrator

3. Deletion of Section 19A (Transfer of ownership of strata titles) - I can't understand the rational behind the deletion of this section, this section are introduced back in 2013 to encourage the original proprietor and purchaser to promptly complete the transfer the strata titles and ultimately getting enough quotas to setup the Management Corporation (MC). If the time given (30 days) are considered short, they could amend it to 90 days or even 180 days.

4. Introduction of quit rent for individual strata title 

5. Computerization of strata title and rent calculation

6. Acquisition of parcels and accessory parcels under Land Acquisition Act

Links to download via Malaysia Federal Gazette :-

Links to download from my record :-