Tuesday, February 20, 2018

Reserved Land, Right of Way (R.O.W.) and Permit

What is the difference between a Reserved Land, Right of Way (R.O.W.) and Permit on land matter ?
  • Reserved Land 
    • Created for a specific public usage as mention in the gazetted or stated in the certified plan
    • Perpetual until revocation
    • Dimension, location or area are mentioned in detail 
    • Example of Reserved Land
      • Road Reserved, Drainage Reserved, Transmission Line Rentice Reserved, Forest Reserved, Green Space Reserved 
  • Right of Way (R.O.W.)
    • Created for the benefit of state authority, proprietor, occupier of any alienated land and for public use
    • Perpetual or until the failure to comply with the condition of rights or inexpedient by Land Administrator
    • Example of Right of Way (R.O.W.)
      • Public and private Right of Way 
  • Permit 
    • Permit is a temporary rights given for the usage as mention in the permit
    • A specific duration or time 
    • Example of Permit
      • Air Space Permit, Extraction and Removal of Rock Material Permit, Permit for Occupation of State Land (T.O.L.)
(Photo show the forest reserved stated in a Certified Plan (Pelan Akui))

Can a combination of the above exist in the same plot of land ? Yes.
A plot of land gazetted as forest reserved with a public R.O.W. for access and given a permit for extraction and removal of rock material. Combination of different type of approval above are needed to cater for different usage and rights.
(Photo show the different ROW on a section of road)

Why there are DBKL, JPS, JKR Right of Way (R.O.W.) ?
Different authorities have jurisdiction on certain area of land. DBKL have rights of maintenance of road reserved, JPS on water ways and drainage reserved. Generally, the term of R.O.W. are being used to demarcate the area of jurisdiction by these authorities.
Confusion always happened on where does the R.O.W. lies if the drainage and road are located side by side. Where does the R.O.W. located ? The actual boundary ?
Unless there are a plans that show specifically the boundary lies, different authorities will dispute the area of jurisdiction.

Sunday, February 4, 2018

Let's save and preserve Old FMS Survey Office

Old FMS Survey Office was built in 1910 to serve as the Survey Department of the Federated Malay States (F.M.S.). Designed by Brigadier General Arthur Benison Hubback C.M.G. (1871-1948), the building "cinque-foil' shaped arches and Munghal-inspired onion shaped dome together with a 400 foot long arched facade occupied the intersection of Jalan Raja and Jalan Tun Perak. Gazetted as heritage building back in October 1983, this building
A simple plaque stand the front of the building currently. Without it, most people will not know the rich history of this building.

Brief description of the building in both Bahasa Malaysia and English.
Location plan of the building with their surrounding.




Currently, the building is left abandoned and the condition is getting worst and no maintenance can be seen done on it. Recently, it was reported of a cave in one of the dome's spires and this show how critical the situation had become. Now the building is under the purview of Ministry of Tourism and Culture (Why ?), lets hope that the fund (approximately RM150 million) will soon be given to start the process of restoration.
I hope that upon completion of the restoration process, it will host the next International Surveyor Conference to commemorate the building 100+ years rich history. Let the surveyor to walk back in the same building as what happened back in 1910.
Let's save and preserve the Old FMS Survey Office! A 100+ year of Malaya history or maybe a 100+ Malaya surveying history. The root of surveying in Malaya.

More information on late Brigadier General Arthur Benison Hubback C.M.G. here :-
http://www.thehubbacks.org

More information on the current situation of the building by "The Star" newspaper :-
https://www.thestar.com.my/metro/community/2017/07/11/broken-pieces-of-history-dozens-of-heritage-buildings-in-the-capital-are-at-risk-of-irreversible-dam/

Old Survey Office Photo was taken from :-
https://sites.google.com/site/pamhericon/home/old-selangor-unmasked-kl-klang

Friday, January 26, 2018

Revocation of individual strata rent implementation

Previously, back in March 2017, there are gazetted that the individual rent for strata parcel will be implemented in 1st January 2018, however in the last few days of 2017, the revocation of that date was gazetted with no new date for it.
Why this implementation is important ? With the implementation of individual rent for strata parcel, a big problem with transfer of strata title can be solved. If you have experience selling your strata title to another owner, most of the time you can have problem with the quit rent payment. Without a quit rent receipt for that particular year, you can't really complete or present the transfer of strata title to the land office. Most of the time, the management corporation / developer delay the payment of quit rent until most of the proprietor pay up their portion of quit rent before payment to land office.

Now, there won't be any indication of when is the new date for the implementation of the new quit rent system for strata proprietor, so what the good news ? As a proprietor, you can further delay your payment to your management corporation but for the seller or buyer, expect more delay before completing your transfer.

Links to download :-
https://drive.google.com/open?id=1R9NLCMQmAGN7h6ofJeZniY-CZ_cHWMOK
https://drive.google.com/open?id=1k48GTxIY6RdmGE2yJqdwLKEliMwZxPO3

http://www.federalgazette.agc.gov.my/outputp/pub_20180103_P.U.(B)611.pdf
http://www.federalgazette.agc.gov.my/outputp/pub_20170331_P.U.%20(B)%20174%20-%20Draf%20Warta%20Cukai%20Petak_PenangMelakaSelangorWPKL_warta.pdf


Wednesday, January 24, 2018

LJT Circular 1/2018



Previously, I had posted a LAM Circular on Strata Title matter and now Lembaga Jurukur Tanah (LJT) had issued a new circular dated 23rd January 2018 to address the requirement of a undertaking letter to Architects from the Licensed Land Surveyor.

By quoting paragraph (3) of the LJT Circular :-
"3. Peranan Juruukur Tanah Berlesen 
Dengan penguatkuasaan surat pekeliling ini mana-mana Juruukur Tanah Berlesen yang terlibat dengan penyediaan pelan untuk tujuan menfailkan jadual petak TIDAK WAJIB mengeluarkan sebarang surat pengesahan kerana tindakan sedemikian adalah bertentangan dengan Seksyen 149, Akta Pengurusan Strata 2013 [Akta 757] "

Now, Licensed Land Surveyor are not required to provide any undertaking letter as mention in LAM Circular. The main reason are contradiction on the Section 149, Strata Management Act by providing this document.

Section 149, Strata Management Act (Act 757)
"Contracting out prohibited
149. (1) The provisions of this Act shall have effect notwithstanding any stipulation to the contrary in any agreement, contract or arrangement entered into after the commencement of this Act.
(2) No agreement, contract or arrangement, whether oral or wholly or partly in writing, entered into after the commencement of this Act shall operate to annul, vary or exclude any of the provisions of this Act. "

Hopefully, this will close the issue of undertaking letter requirement between the Licensed Land Surveyor and Architect. Else, Licensed Land Surveyor will need to request undertaking letter from the developer, land owner, architect, engineer and etc. and the whole saga start all over again.

Links to LAM Circular 5/2017
LAM Circular 5/2017

Links to download LJT Circular 1/2018
http://www.ljt.org.my/sites/default/files/files/Circular/cir12018.pdf
https://drive.google.com/file/d/1284N48SjljqcOdGOBWdGhu9oUMiONuti/view?usp=sharing

Links to LJT :-
http://www.ljt.org.my

Links to download Strata Management Act :-
https://drive.google.com/file/d/0B01GwkuUeyBrMFREVjZkMzJLZ3M/view?usp=sharing

Saturday, January 13, 2018

Sun Declination

It's a new year and Happy New Year. It's a bit late to say so after half a month pass by but never too late for anything.
This year I will share a contribution by Chai on the Sun Declination information. Thank you Chai and all reader can download it via the link below :-
https://drive.google.com/open?id=1jfbnOajdjtJw3DLsLDH9cwdSAbb7GFNe
All 3 (three) files in in excel format. If you have trouble downloading it contact me via leongdeikun@gmail.com or drop me a comments below.
Sharing is caring.

Sunday, December 24, 2017

LAM Circular 5/2017

 

In November, Board of Architects Malaysia (BAM) had issued a General Circular to their members which clarify some new requirement and fees in regards to the implementation of Strata Management Act 2013 (Act 757) (SMA).

In item (1) of the circular, BAM had further clarify that Schedule of Parcels (SOP) need to be filed to the commissioner before sales of "ANY PARCEL". This means that irregardless of whether the development is a residential, commercial or even industry if the developer/land owner would like to sell any parcel (to be issued with a strata title), then the need to filed a schedule of parcels are a requirement under the law rather than an option.

In item (2), BAM had clarify that it's member upon appointed as the PSP of the project shouldn't refuse to certify/comply with the requirement to make necessary declaration under the SMA.

In item (3) & (4), additional cost are chargeable for the works to certify the SOP at a rate of RM500.00 for each parcel. That is a great initiative by BAM that the additional work to certify the SOP prepared/drawn by the Licensed Land Surveyor, printed by the Licensed Land Surveyor and co-certify by the Licensed Land Surveyor shall be chargeable.

In addition to that, BAM had clarify that it is the duty of the Architect to supply a set of latest and approved Building Plans to the Licensed Land Surveyor. In my view, BAM should further clarify that the supplied set of Building Plans should be the ORIGINAL copy and not a colour photocopy as Land Office and JUPEM preferred the ORIGINAL copy being the submission copy.

By ending the circular with the following statement :-
"In view that the Licensed Land Surveyor shall take full responsibility for the accuracy of the information, the certifying Architect is to obtain a letter from the Licensed Land Surveyor confirming that the Licensed Land Surveyor is fully responsible and liable for the accuracy of the information before the Architect certifies on the said documents."

First of all, a great initiative and clarification by BAM with regards of SMA matter especially on SOP and this circular have cleared a lot of misunderstanding by both the Architect and Licensed Land Surveyor. 

Now that BAM had issued such a insightful circular, I surely hope that Land Surveyor Board (LJT) would issued a similar circular with regards of item (3), (4) and the final statement in the BAM circular 5/2017.

One of my proposal is the introduction of a fully responsible & liable professional preparation, printing and certification of documents cost of RM 500.00 for each parcel and accessory parcel, which imposes additional works on the Licensed Land Surveyor, for which the Licensed Land Surveyor is entitle to charge additional fees for the work done accordingly.

My next proposal is include the following requirement that the Architect shall take full responsibility for the accuracy of the information in the approved building plan, certifying Licensed Land Surveyor is to obtain a letter from the Architect confirming that the Architect is fully responsible and liable for the accuracy of the approved building plan that were provided during the filing of SOP to the commissioner before the Licensed Land Surveyor certifies on the said documents.

I sincerely hope LJT would published a followup circular to this matter as it will guide all the Licensed Land Surveyor on the next step of action. 

Alternative links to download the Circular 5/2017 (google drive):-

Links to Board Of Architects Malaysia :-

Wish everyone a Happy Holiday and a Merry Christmas.

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) :-