Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Malaysia Strata Title Governance: An Overview Legislative Creation of Special Building in Malaysia

Author(s): Nurul Sal Shabila Izanda, Nurul Sal Shabila Izanda, Aminah Mohsin

Strata Titles was first introduced into Peninsular Malaysia in National Land Code 1965 (Act 56) (NLC 1965) as subsidiary titles. Strata Titles Act 1985 (Act 318) (STA 1985) has been established with the increasing of multi-stories mixed development. Strata Titles is a document of title which endorsed by the land administrator for the whole parcels of a subdivided multi-unit of the building. Strata Titles Act 1985 has experienced some modifications and amendments to meet the current development and socio-economic demands in stratified development. Despites of its amendments and modifications, one of the most important current discussions in stratified development for old-stratified scheme is the absence of strata title due to the non-issuance and transference of strata title to parcel owner (or purchaser) of old-stratified scheme. Thus, Strata Titles (Amendment) Act (STAA) 2007 has been amended following by Strata Titles (Amendment) Act (STAA) 2016 to constitute ‘special building’ for strata title application of old-stratified scheme. However, it highlights there is no standard of rules and guidelines of strata title application for special building that can be implemented for all states throughout Peninsular Malaysia includes Federal Territory of Labuan as there is non-significant increasing in number of applications of strata title for special building as certain States do not show any improvement in application number since special building been introduced. The purpose of this paper is to present an overview background of legal contexts of strata title application for special building. The research method used is the qualitative research in which it will rely on the analysis of the relevant statutes, rules, regulations, books, journals, articles, thesis, monograph, research grants reports, seminar papers, electronic materials and data internet.

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