Professional Documents
Culture Documents
RESEARCH COVERS:
• LAND LAW
• SUBMISSION PROCESS
• H.D.A
• STRATA
Prepared by:
AR RIDHA RAZAK
RESEARCH SOURCES:
Website
1. Sarawak Ministry of Housing - http://www.minhousing.sarawak.gov.my
2. Sarawak Ministry of Resource Planning and Environment - http://www.kpps.sarawak.gov.my
3. Land and Survey Department Sarawak - http://www.landsurvey.sarawak.gov.my
4. Majlis Bandaraya Kuching Selatan- http://www.mbks.gov.my
5. Miri City Council - http://www.miricouncil.gov.my/
6. Sarawak Housing & Real Estate Assosiation - http://sheda.org.my/
7. PAM Sarawak Chapter Website- Letter from DBKU, MIRI, PADAWAN on Occupational Permit flow chart (2014)
ARTICLES
1. ADMINISTRATION OF PROPERTY DEVELOPMENT IN SARAWAK NONI HARIANTI JUNAIDI* ASSOC. PROF DANI SALLEH COLLEGE OF
LAW, GOVERNMENT & INTERNATIONAL STUDIES
2. LAND ADMINISTRATION, LAND MANAGEMENT AND SPATIAL INFORMATION IN SARAWAK, MALAYSIA SUDARSONO OSMAN, HUI
URG KUEH, MALAYSIA
3. THESIS- MASTER PROJECT REPORT UTM ON DELAY FOR ISSUANCE OF CFO IN SARAWAK BY COLLINE ANAK JOHN SITIN (2009)
4. L&S NEW GUIDELINES AND SIMPLIFIED APPLICATION PROCESS FOR EXTENSION OF LANDED RESIDENTIAL BUILDINGS
SLIDES
1. LAND LAWS AND CREATION OF NATIVE CUSTOMARY RIGHTS (NCR) BY YBHG. DATUK J.C FONG (SARAWAK STATE ATTORNEY
GENERAL)
2. HOUSING DEVELOPMENT LICENSE APPLICATION REQUIREMENTS AND ADMINISTRATION OF HOUSING DEVELOPMENT ACCOUNT
(HDA) BY MINISTRY OF HOUSING SARAWAK
3. HOUSING DEVELOPMENT (CONTROL & LICENSING) ORDINANCE 2013 & REGULATIONS 2014 & REGULATIONS (AMENDMENTS)
2015: RATIONALES & SCOPE OF CHANGES by Permanent Secretary Ministry of Housing Sarawak
INTRODUCTION
LAW GOVERNING SARAWAK
MALAYSIA
On the 16 September 1963, Sabah & Sarawak has officially join Malaya to become Malaysia. Among the agreed terms was :
Point 1: Religion, Point 2: Language
Point 3: Constitution
Point 4: Head of Federation
Point 5: Name of Federation
Point 6: Immigration
Control over immigration into any part of Malaysia from outside should rest with the Central Government but entry
into Borneo should also require the approval of the State Government
1. Agriculture Irrigation Areas Act, 1953 Drainage and Irrigation, Sabah Ordinance 15/1956
Drainage Works Acts, 1954 Drainage Works Ordinance Sarawak 1966
2. Forestry National Forestry Act (1984) Sabah Forest Enactment (1965)
Forest Ordinance Sarawak,
Cap126
3. Control of River Water Acts 1920, Reviewed 1989 Sarawak Water Ordinance,
River Rights Enactment of Perak Sarawak Riverine Transport Bill (1993)
Kelantan River Traffic Enactment, 1955
Pahang River Launches Enactment 6/49
4. Land National Land Code, 1965 Sabah Land Ordinance, 1930
Management Land Conservation Act, 1960 Sarawak Land Code, 1958
Land Acquisition Act 1960
5. Domestic Water Water Services Industry Act Water Services Industry Act
Supply
6. Mining Mining Enactment 1936 Mining Enactment, 1960 Sabah
Mining Enactment, 1949 Sarawak
7. Local and Town and Country Planning Act 1976 Town and Country Planning Enactment Sabah Cap 141
Regional Planning Town and Country Planning Sarawak Cap 87
8. Local Local Government Act (1976) Local Authority Enactment, Sabah Ordinance 11/1961
Government Local Authority Ordinance Sarawak Cap 117
9. Building Street Drainage Building By Law (1974) Sabah UUK ( Bangunan) 1951
UBBL 1984 Sarawak Building Ordinance 1994
http://www.sabah.gov.my
MALAYSIA LEGISLATION COMPARISON
Local government Law Local Government Act Ordinan Kerajaan Tempatan Local authorities
1976 1961 (Sabah No.11 of 1991) ordinance, 1996
Act 171
Planning Law Town Country Planning Ordinan Perancangan Bandar The town and country
Act 1976 dan Desa 1950 (Cap. 141) planning ordinance 1952
Act 172 (Sarawak cap 87)
Street drainage building SDBA 1974 Undang Undang Kecil ( Sarawak buildings
Law Act 133 apply to west Bangunan) 1951 digubal ordinance, 1994
Malaysia dibawah Ordinan Kerajaan
& UBBL 1984 Tempatan 1961
Housing developers Law H.D.A 1966 act 118 Enakmen Perumahan HOUSING DEVELOPMENT
(Pengawalan dan Pelesenan (CONTROL AND LICENSING)
Pemaju-Pemaju ordinance 2013
Perumahan)1978 (Sabah
No.24 of 1978)
Strata title Law S.T.A 1985 State of Sabah Sarawak strata titles
Act 318 Land (subsidiary title) ordinance, 1995
SMA 2013 enactment 1972 (Sabah no. 9
Act 757 of 1972)
Professional Act Architect Act, Engineers Act, Town Planners Act, Surveyors Act
Apply throughout Malaysia
SARAWAK LEGISLATION
Land Law Land code (chapter 81) laws of Department of Land and Survey, Sarawak
Sarawak
Local government Law Local authorities ordinance, 1996 Ministry of Local Government and Community
Development
Planning Law The town and country planning Ministry of resource Planning and Environment
ordinance 1952 (Sarawak cap 87)
Department of Land and Survey, Sarawak
(The Development Control Section of the Planning
Branch is responsible for processing applications
for planning approval and development of lands
and/or buildings.)
Street drainage building Sarawak buildings ordinance, 1994 Local Authority
Law
Strata title Law Sarawak strata titles ordinance, 1995 Department of Land and Survey, Sarawak
SARAWAK LAND LAW &
ADMINISTRATION
LAND LAW OVERVIEW
Sarawak Land and Survey Department is a multi-functional organization under the State
Ministry of Planning and Resource Management.
The core businesses of the Department are survey, land administration, planning and valuation.
Under the Federal Constitution, land is a state matter.
1. – Survey Computation System: for processing of survey jobs and establishing a Master Survey
Database for the state of Sarawak.
2. – Cadastral Mapping System: for updating of cadastral maps from the surveys and maintaining
the basemap for Sarawak to be used by other applications.
3. – Title Registration System: for registration of titles, state lands and land instruments. Maintain
and update the database of registry records.
4. – Revenue System:
5. – Valuation Information System:
6. – Land Administration & Adjudication System: for processing and monitoring of land applications
and checking the status of the land.
PROFESSIONAL
COMMENCEMENT OF OCCUPATIONAL
PLANNING &
REGISTER BUILDING PLAN WORK PERMIT
LAND
CONSTRUCTION PERIOD-
Collation of information Submission to OSC for • FORM B Certify Interim Final Inspection I Deposit CCC to
from technical agencies propose development • PDC 6, FORM Inspection PBAN, TNB & PBT/JKR LA, Developer ,
Water, Electric, MSIG Vol II G1-G21 TNB, BOMBA, Permohonan Sambungan LAM
Telecomunications, Land KM / BP/ Structure/ • Borang By PBAN, IWK, komunikasi.
Engineering/ Earthwork/ JKJ103, stages DOSH dan FORM F
Infrastructure/ Landscape JKR/PBT. Final Inspection II JPBM, FORM G1-G21
FORM A : Submission • Sijil tanah
DOSH, APP (IWK/MAJAARI) CLEARANCE
BP/ Structure • etc LETTER
SARAWAK DEVELOPMENT PLANNING MACHINERY
Figure 1: Organisational Structure and the Function of the
Sarawak state government has Development Planning Machinery at the State and
devised and set up its Divisional Level of Sarawak.
very own development Source: Researcher’s treatment based on existing regulatory
documents.
planning machinery and is
different from the states in
Peninsular Malaysia.
REGISTER
WITH L&S
SPA
Source:
Slides Land and Survey Dept. Sarawak
NEW GUIDELINES AND SIMPLIFIED APPLICATION PROCESS FOR
EXTENSION OF LANDED RESIDENTIAL BUILDINGS
REGISTRATION OF PROFESSIONAL WITH L&S
For A professional to submit to the secretary state planning authority through REGISTRATION STAGE
Department L&S, it has to register as a Qualified person. This is compulsory under the
Land Code, Rules 1998 Sec 7(1) in Form A. For renewal Rules 1998 Sec 10(2) Form C
SOURCE:
Website Department of Land and Survey Sarawak
PLANNING APPROVAL
PLANNING PERMISSION STAGE
SOURCE:
Apply/ Re Apply
Administration of Property Development in Sarawak
Noni Harianti Junaidi* Assoc. Prof Dani Salleh 2 Flowchart of the Planning Approval
College of Law, Government & International Studies, Universiti Process
Utara Malaysia, Sintok 06010, Kedah, Malaysia
Source: Condensed by researcher from
DCS 1998.
LOCAL GOVERNMENT IN SABAH AND SARAWAK
BUILDING PLAN STAGE
Sarawak
City (3) 1. Kuching North City Hall (Dewan Bandaraya Kuching Utara)[Note 1]
2. Kuching South City Council (Majlis Bandaraya Kuching Selatan),
3. Miri City Council (Majlis Bandaraya Miri)
Municipality (3) 1. Padawan Municipal Council,
2. Sibu Municipal Council,
3. Bintulu Development Authority
District (21) Bau, Betong, Dalat-Mukah, Kanowit, Kapit, Lawas, Rural Sibu (Selangau), Lubok
Antu, Meradong-Julau, Lundu, Marudi, Matu-Daro, Samarahan, Saratok, Sarikei,
Serian, Simunjan, Sri Aman, Subis (Bekenu), Limbang
SUBMISSION BUILDING PLAN
BUILDING PLAN STAGE
FORMS
FORM A
• CERTIFICATE OF BUILDINGS/STRUCTURAL PLANS
FORM B
• CERTIFICATE OF STRUCTURE
FORM C
• NOTICE OF COMMENCEMENT/RESUMPTION OF BUILDING
OPERATIONS
FORM D
• NOTICE OF COMPLETION OF SETTING OUT
FORM E
• NOTICE OF COMPLETION OF EXCAVATION
FOR FOUNDATIONS
FORM F
• APPLICATION FOR THE ISSUE OF OCCUPATION PERMIT
FORM G
• OCCUPATION PERMIT
FORM H
• TEMPORARY OCCUPATIONAL PERMIT
FORM I
• PARTIAL OCCUPATIONA PERMIT
Source:
MBKL checklist
Sarawak Building Ordinance
1994
SUBMISSION BUILDING PLAN
BUILDING PLAN STAGE
OCCUPATIONAL PERMIT PROCESS IN DBKU
OCCUPATION PERMIT STAGE
http://pamsc.org.my/?p=2585
SUBMISSION FOR OCCUPATIONAL PERMIT
OCCUPATION PERMIT STAGE
Source:
Sarawak Building
Ordinance 1994
OCCUPATIONAL PERMIT PROCESS IN DBKU
OCCUPATION PERMIT STAGE
http://pamsc.org.my/?p=2585
HOUSING DEVELOPMENT
(CONTROL AND
LICENSING) ORDINANCE
2013
HOUSING DEVELOPER ORDINANCE AND REGULATION
WHAT IS IT FOR?
An Ordinance to provide for the control and licensing of the
business of housing development in Sarawak, the protection of the
interest of purchasers and for matters connected therewith
1. Citation and 3. Application 4. Advertisement 8. Proprietor to be a 12. Duties of a developer 27. Compoundable offences Form A — Housing
commencement for a license and sale permit party to a contract relating to the Account 28. Offer to compound Development’s Licence
of sale 13. Deposit made by the / Advertisement and
29. Amount of compound
2. Interpretation 5. Particulars to be Developer Sale Permit
payable
included in 9. Contract of sale 14. Deposit of all moneys paid 30. Payment
advertisement 10. Consent to by purchaser
Form B — Sale and
assignment 15. Purchaser’s financier to pay Purchase Agreement
6. Use of name or direct into the Account PART VII (Land and Building)
emblem for site 11. Appeal 16. Deposit of loans PENALTIES
17. Interest obtained Form C — Sale and
7. Advertisement 18. Purposes for which moneys 31. Penalties Purchase Agreement
shall not contain in Housing Development (Subdivided Building)
certain description Account may be withdrawn
19. Conditions for withdrawal PART VIII Form D — Offer to
of moneys from Housing Compound Offence
REVOCATION AND SAVING
Development Account
20. Withdrawal of surplus
32. Revocation and saving FORM E
moneys from Housing
Development Account • Housing
Development’s
21. Withdrawal on furnishing
Licence and
of banker’s guarantee
Advertisement and
22. Withdrawal of all moneys Sale Permit
in Housing Development Or
Account
• Housing
23. Controller may use money Development’s
in the Housing Development Licence
Account
24. Auditor to make annual
report Or
25. Auditor to lodge a report to • Advertisement and
the Controller Sale Permit
26. Certificate of auditor
HOUSING DEVELOPMENT (CONTROL AND LICENSING) ORDINANCE 2013
SECTION
1 6 12 34
LICENSE
ACCOUNT TRIBUNAL
THE HOUSING DEVELOPMENT (CONTROL
AND LICENSING) REGULATIONS, 2014
PART II PART V
PART VI
LICENSING OF HOUSING DEVELOPER HOUSING
TRIBUNAL FOR HOUSING
PART III DEVELOPMENT
PURCHASER CLAIMS
DUTIES OF A LICENSED HOUSING DEVELOPER ACCOUNT
PART IV
FORM OF CONTRACT OF SALE
12
1 FORM E (Options)
• Housing Development’s Licence
3 LESEN
and Advertisement and Sale 13 Deposit (ref reg 3(3)
Permit
• Housing Development’s Licence
• Advertisement and Sale Permit 18 Withdrawal money
4 PERMIT
Form B — Sale Form C — Sale 19 Condition of withdrawal
and Purchase and Purchase
S&P Agreement Agreement
9 (KONTRAK (Land and (Subdivided 20 Suplus money
JUALAN) Building) Building)
11 1 1 22 All Monies
26
30 37
HOUSING DEVELOPER ORDINANCE AND REGULATION
http://www.minhousing.sarawak.gov.my/modules/web/index.php
HOUSING DEVELOPER ORDINANCE AND REGULATION
http://www.minhousing.sarawak.gov.my/modules/web/index.php
HOUSING DEVELOPER ORDINANCE AND REGULATION
http://www.minhousing.sarawak.gov.my/modules/web/index.php
HOUSING DEVELOPER ORDINANCE AND REGULATION
http://www.minhousing.sarawak.gov.my/modules/web/index.php
HOUSING DEVELOPMENT PERMIT PROCESS
SARAWAK HOUSING DEVELOPMENT PROCESS
COMMENCEMENT OF OCCUPATIONAL
PLANNING & LAND BUILDING PLAN WORK CONSTRUCTION PERIOD- PERMIT DLP
OR
http://www.minhousing.sarawak.gov.my/modules/web/index.php
LIST OF PENALTY AND COMPOUND
http://www.minhousing.sarawak.gov.my/modules/web/index.php
SARAWAK
STRATA TITLE ORDINANCE 1995
WHAT IS STRATA TITLE ORDINANCE?
• The Sarawak Strata Title Ordinance 1995 is the guide for strata title owners.
Definition: An Ordinance to make better provisions in the law relating to strata titles.
• The ordinance outline the rules and regulations of the Management Corporation
(MC). The MC is a body to manage and upkeep the common properties.
When the title is issued, it is compulsory for the developer to assist to form the MC.
When the MC is formed, the operation of the property would be under the MC.
Interpretation Definition
“subdivided building” a building subdivided under Part II or, where two or more
buildings standing on one lot are so subdivided, those
buildings;
“parcel” one of the individual parcels into which a subdivided
building is subdivided;
“subsidiary title” title issued under Part III to any of the individual parcels
within a building which has been subdivided pursuant to
Part II or to a provisional block;
“share units” the share units specified for the parcels of a subdivided
building in the book of the subsidiary register relating to
the building;
“common property” means, in relation to a subdivided building—
(a) so much of the lot not comprised in or appurtenant to
any parcel as shown in the certified plan; and
(b) unless otherwise described as comprised in or
appurtenant to any parcel and shown as capable of being
and meant to be comprised in or appurtenant to such
parcel, includes—
Interpretation Definition
“provisional block” a block of building which is shown as a provisional block in
an approved subsidiary or extra
plan or in any other record maintained by the Registrar
under the
provisions of this Ordinance;
“provisional share units” the share value allotted to a
provisional block pursuant to section 13(2);
“provisional subsidiary title” the title registered and
issued in respect of a provisional block
WHAT SEC 4 Power to subdivide multi-storeyed buildings and certain buildings ancillary thereto
4.—(1) The proprietor of any alienated land held as one lot under document of title may, with the approval of the Authority subdivide
into parcels, each to be held by him under a separate subsidiary title
CIRCUMSTANCES SEC 5 Circumstances where it is compulsory for proprietor to apply for subsidiary titles
5.—(1) The proprietor of any alienated land on which there is a completed building or on which he has applied for permission to erect a
building and—
(a) the building has or will have five or more storeys wholly above ground level; and
(b) he has sold or agreed to sell any parcel in such building to any person,
WHEN SEC 5(2) The time within which the requirement of subsection (1) shall be complied with shall be—
(a) has been certified by a land surveyor that the building are situated wholly within the boundaries of the lot in question;
(b) has been certified by an architect /engineer that the building constructed in accordance with the said plans and specifications as
approve under building ordinance
(c) subdivision not contrary to the provisions of any written law
(e) no item of land revenue is outstanding in respect of the land;
(g) that the issue document of title for the land on which the building or buildings are to be situated has a term of not less than 21 to
run.
STRATA TITLE PROCESS
S.10(1A)
The decision of the Authority shall be communicated by its Secretary to the Superintendent who
Secretary to the Superintendent shall then notify the proprietor of the outcome of his application.
APPROVAL
S.10(2) S.10(3) the Superintendent shall require the Registrar
to open a book of the subsidiary register as per
Approve Reject
the Superintendent shall— (3) Where the Authority rejects any S.14 : Preparation and maintenance of
(a) estimate the amount of the fees chargeable in respect of — application under this Part,
(i) any survey to be carried out under section 11(1)(a); and the Superintendent shall notify the
strata register
FORM 2 & 3
(ii) the preparation of plans, and copies of plans pursuant to Registrar, who shall cause to be cancelled
paragraphs (b) and (c) of that subsection; and the note thereof endorsed on the
(b) call for the payment of that amount by the proprietor. Register pursuant to section 9(5).
PROPRIETOR
PAID S.15 : Strata title document :
SUPER INTENDANT -Strata title FORM 4
S.11(1) -Provisional strata title
Action by Superintendent after approval of subdivision
• after any subdivision has been approved and the amount of S.12
fees demanded in Sec 10(2) has been duly paid,
Issue of subsidiary title to individual parcels
S.17 : After Provisional block completed:
The Superintendent shall— 12. When the documents referred to in section
(a) carried out such survey of the land in question, and any of 11 have been prepared, the Superintendent shall Apply Provisional Title FORM 5
the buildings call upon the proprietor for payment of—
(b) from the relevant index plan and storey plans— (a) any amount underpaid; and
(i) Prepare with such modifications as he may consider (b) the fees chargeable in connection with the
necessary in the light of any such survey; and preparation and registration of documents of S.36(1) : Termination of Strata Title
(ii) file in his office, a certified plan complying with the subsidiary title to the individual parcels
requirements FORM 6
(c) prepare one copy of the certified plan for deposit with the
Registrar
FORMS 1: APPLICATION FOR SUBDIVISION
FORMS 2 & 3
FORMS 4
SUMMARY
PROFESSIONAL
REGISTER PLANNING & LAND BUILDING PLAN COMMENCEMENT OF WORK OCCUPATIONAL PERMIT
DLP
CONSTRUCTION PERIOD-
APPLY DEVELOPER LICENSE / S&P Third Schedule: Progress Delivery of Vacant Defect
ADVERTISING PERMIT FORM B Billing Possession Liability
Period
HOUSING LAND &
FORM E (Options) BUILDING Form B
DEVELOPMENT • Housing Development’s Licence and Clause 20 Form B
PERMIT Advertisement and Sale Permit FORM C
Form C( SUBDIVIDED Form B (LAND &
(within 24 Month) Clause 22
• Housing Development’s Licence BUILDING) BUILDING) (18 Month)
PROCESS SUBDIVIDED
Construction 36 Month Construction 24 Month
• Advertisement and Sale Permit BUILDING Form C
Setting Up of Housing Developers • PART A SINGLE Form C
STOREY BUILDING Clause 25 & 26 (
Account & Pay Deposit • SCHEDULE OF Common Facilities) Clause 28
PAYMENT OF • PART B DOUBLE
(Within 36 Month) (18 Month)
PURCHASE PRICE STOREY BUILDING
• PART C THREE
STOREY BUILDING
• PART D SUB-
DIVIDED BUILDING
Schedule H & J –
Schedule G Schedule H Schedule I Schedule J Within 36 Month
Individual Strata Individual Title Strata
Title Title Title
Built then sell
Stage billing Stage 10:90 Built then sell
billing 10:90
Super structure
stage