BACHELOR OF SURVEYING SCIENCE & GEOMATICS (AP220)

SUG 421ADVANCED CADASTRAL SURVEYING

ASSIGNMENT #1: STRATA TITLE

PREPARED BY:

MUHAMMAD RUZAINI MOHAMMAD FADZIL 2009837016

PREPARED FOR:

ASSOC. PROF. KHALID BIN OMAR

DATE:

26th MARCH 2010

QUESTION 1

State at least 15 problems that may delay the approval for the application of Strata Title.

A. Mistakes During the Application Process

1. The developer make a late payment of these fees:

Fees of Revision of Application by Jupem

Fees of Preparation of Strata Title Plan

Fees of Preparation and Registration of Strata Title

2. The application of Strata Title itself does not obtained written consents from all the concerned

parties that have interest upon the land or building including charger etc.

3. The agreement of purchase of parcel unit between the buyer and the developer was not submitted

along the application. This copy could be use as reference to determine the exact area as stated

therein if there were differences in area given in the building plan and the strata plan.

B. Default in the Erection of Building

4. The building was not situated wholly within the boundaries of the lot as enquired by Land Surveyor.

This always happened to the townhouse or shophouses scheme. When its basement parking was

erected in different lot. So the amalgamation of related land needs to be settled first.

5. The building was erected not accordance to the building plan and specifications as enquired by a

registered architect or a professional engineer.

6. Any eave, awning and balcony of the buildings have projected over the road reserve.

7. The erection of building and the subdivision of land parcel has encroached the state land or reserved

land.

8. The building does not obtained a Certification of Complete and Compliance from the local authority

as to be fit for occupation or use.

C. Default in the Determination of Parcel Units

9. The proposed share units were not equitable.

10. The proposed parcel does not have it own access and has passing through another parcels. This

always happened in terraced shophouses where two units of parcels in different land parcels have

sharing one stairs.

11. The proposed parcel has internal communication that passing through the Common Property.

12. The uncertainty to determine the ownership of accessory parcel in the submitted Strata Plan. This

happened when the relation of accessory parcel to the exact parcel was not shown clearly in the

plan.

D. The Land Has Contrary to the Law

13. The subdivided land has still an outstanding land revenue or subject to any charges or lien.

14. The land which the building stands therein is held for a term of years, that the remaining period is

less than twenty-one years to run.

15. In the application of strata title, these three important things must exactly similar among others.

Any differences could result the delay of application:

The Building Plan that approved by registered architect or professional engineer

The Erection of Building Accordance to the Plan

The Strata Plan that prepared by licensed land surveyor

QUESTION 2

If the building plans or architect plans that have been approved are lost or cannot be traced, what are

the steps to be taken or document or plan to be forwarded in other for the application of strata title to

be proceed.

1. According to the 2007 amendments of Strata Title Acts 1985 Section 6(a) if the building plan or

architect plan that have been approved were lost or cannot be traced, an as – built plan is required.

2. This amendment allows the land surveyor to prepare a plan beside the architect.

3. In a regular application, it’s requires a building plan which is certified by a registered architect or a

professional engineer. This building plan is be made first before the construction of the building

taken place. However in this case, which the original building plan is lost as the building is already

there, so the plan is to be prepared according to the completed building.

4. This as – built plan is to be obtained from as – built survey. The survey was conducted by re –

measure the existing building to obtain necessary information such as dimension and the position of

the building.

5. This as – built plan may slightly differ in the measurement from the original building plan but as long

the differences is not exceed the permitted range of error then it is acceptable.

6. Most importantly, the as – built survey must be conducted accordance to the Licensed Land Survey

Acts and Pekeliling KPUPM and once upon the completion of the survey and the as – built plan has

been prepared, it must be certified by Licensed Land Surveyor that the location and the

measurement of the building is accurately like on the existing.

7. Then the plan would be forwarded along the new application of the strata title.