Sarawak Ord - Strata (Subsidiary Titles) Ord, 2019 Lawnet

LAWS OF SARAWAK
ONLINE VERSION OF UPDATED

TEXT OF REPRINT
Chapter 75
STRATA (SUBSIDIARY TITLES) ORDINANCE, 2019
i
STRATA (SUBSIDIARY TITLES)
ORDINANCE, 2019
Date Passed by Dewan Undangan

Negeri ... ... ... ... ... ... 4th November, 2019
Date of Assent ... ... ... ... 28th November, 2019
Date of Publication in Gazette … ... 12th December, 2019
ii
STRATA (SUBSIDIARY TITLES) 1
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Sections
1. Short title and commencement
2. Application
3. Interpretation and construction
PART II
PROCEDURE PRIOR TO ISSUANCE OF SUBSIDIARY TITLE
4. Building or land capable of being subdivided into parcels

5. Circumstances where it is compulsory for proprietor to submit for strata
subdivision plan approval
6. Procedure for strata subdivision plan approval
7. Procedure for strata subdivision plan approval in the case of phased
development
8. Approved building plans not available
9. Conditions for approval of strata subdivision plan
10. Action after strata subdivision plan approval
11. Filing of certified strata plan
12. Share units of parcels
13. Accessory parcel
PART III
REGISTRATION AND ISSUANCE OF SUBSIDIARY TITLE
14. Preparation and maintenance of register of subsidiary title
15. Documents of subsidiary title
16. Effect of opening book of subsidiary register
2 CAP. 75
PART IV
PROCEDURE PRIOR TO ISSUANCE OF SUBSIDIARY TITLES FOR
PARCELS WITHIN PROVISIONAL BLOCK
Sections
17. Procedure for strata subdivision plan approval
18. Conditions for approval of strata subdivision plan
19. Action after strata subdivision plan approval
20. Modification of subsidiary register, registration and preparation of new
documents of subsidiary title and cancellation of provisional subsidiary
title
PART V
THE MANAGEMENT CORPORATION
21. Establishment of the management corporation

22. Ownership of common property and custody of issue document of title
23. Creation of limited common property and establishment of subsidiary
management corporations
24. Change of name and certificate of incorporation
25. Termination of limited common property
26. Pre-existing charges
27. Power of Court where subdivided building or land is damaged
28. Termination of subdivision of building or land
PART VI
RIGHTS AND OBLIGATIONS ATTACHING TO
INDIVIDUAL PARCELS
29. Rights of subsidiary proprietor in his parcel and in common property

30. Rights of support, service and shelter
PART VII
EFFECT OF ACQUISITION OF SUBDIVIDED
BUILDING OR LAND
Sections
31. Procedure of taking formal possession of any subdivided building or

land
PART VIII
ENFORCEMENT
32. Penalties
33. Power of investigation
34. Search and seizure with warrant
35. Search and seizure without warrant
36. Power of arrest
37. Acces to computerized data
38. List of things seized
39. Release of things seized
40. Power to require attendance of person acquainted with case
41. Examination of person acquainted with case
42. Obstruction
43. Requirement to provide translation
44. Power to compound offences
45. Prosecution
46. Jurisdiction of the Sessions Court
47. Protection of informers
48. Offences by body corporate
PART IX
MISCELLANEOUS
49. Power of entry by public or local authority

50. Legal proceedings
51. Indemnity and protection against suit and proceedings
4 CAP. 75
Sections
52. Amendment of Schedules
53. Power to make rules
54. Repeal and Saving
FIRST SCHEDULE — Forms

SECOND SCHEDULE — Division and Amalgamation of
Parcels
THIRD SCHEDULE — Effect of Acquisition of Subdivided
Building or Land
FOURTH SCHEDULE — Share Units Entitlement
LAWS OF SARAWAK
Chapter 75
An Ordinance to make better provisions in the law relating to

subsidiary titles and for matters connected therewith.
[ ]
Enacted by the Legislature of Sarawak—
PART I
PRELIMINARY
Short title and commencement

1. This Ordinance may be cited as the Strata (Subsidiary
Titles) Ordinance, 2019, and shall come into force on such date as
the Minister may, by notification in the Gazette, appoint.
Application
2. This Ordinance shall apply to any subdivision of
building or land approved pursuant to Part X of the Land Code
[Cap. 81 (1958 Ed.)] and rules made thereunder.
Interpretation and construction

3. In this Ordinance—
“accessory parcel” means any parcel shown in a certified
strata plan as an accessory parcel which is appurtenant to and
used or intended to be used in conjunction with a parcel
provided always that its usage shall be as approved by the
Authority;
“approved building plan” means the plans and
specifications for a building prepared by a qualified person
and approved under the Buildings Ordinance, 1994 [Cap. 8];
“approved certified strata plan” means the certified strata
plan approved by the Government surveyor;
6 CAP. 75
“approved strata subdivision plan” means a strata

subdivision plan approved by the Superintendent under
section 10;
“architect” means an architect registered under the
Architects Act 1967 [Act 117];
“Authority” means the State Planning Authority
established under section 228(1) of the Land Code [Cap. 81
(1958 Ed.)];
“building” includes any completed building, partially
completed building or building to be erected within a lot as
shown or specified in a strata subdivision plan and when used
with reference to a management corporation, the subdivided
building or land for which the management corporation is
established;
“building parcel” means an individual parcel in a building
subdivided under Part II, held under a subsidiary title;
“certificate of incorporation” means a certificate certifying
that a management corporation or subsidiary management
corporation is a body corporate constituted under this
Ordinance on the day specified in the certificate;
“certified strata plan” means, in relation to a subdivided
building or land, a certified strata plan prepared for a parcel
under section 10(2);
“Commissioner” means the Commissioner of Buildings as
defined under the Strata Management Ordinance, 2019
[Cap. 76/2019];
“common property” means, in relation to a subdivided
building or land,—
(a) so much of the lot not comprised in or
appurtenant to any parcel (including any accessory
parcel) or any provisional block as shown in the
certified strata 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—
(i) foundations, columns, beams,

supports, roofs, corridors, stairways, fire escapes,
entrances and exits of the building;
(ii) visitor car parks, incinerators,
recreational and communal facilities and gardens
for the use of or serving the subdivided building
or land;
(iii) storage places, rooms and other
facilities shown in the certified strata plan for use
by the management corporation;
(iv) lifts, escalators, service pipes, cables
ducts and installations for water, electricity,
telephones, gas and telecommunication services
and facilities, existing for common use;
(v) all facilities described as common
property in the certified strata plan; and
(vi) all other parts of the subdivided
building or land not comprised in any parcel
necessary or convenient to the existence and
maintenance and for the reasonable usage and
safety of the common property;
“comprehensive resolution” has the same meaning
assigned to it in the Strata Management Ordinance, 2019
[Cap. 76/2019];
“Court” means the High Court in Sabah and Sarawak;
“Director” means the Director of Lands and Surveys,
Sarawak, and includes his Deputy;
“document of subsidiary title” means the document of
subsidiary title prepared under section 15;
“document of title” has the same meaning assigned to it
in the Land Code [Cap. 81 (1958 Ed.)];
“engineer” means an engineer registered under the
Registration of Engineers Act 1967 [Act 138];
“Government” means the Government of Sarawak;
“Government surveyor” has the same meaning assigned
to it in the Land Surveyors Ordinance, 2001 [Cap. 40], and
8 CAP. 75
includes a surveyor appointed under section 3 of the Land

Code [Cap.81 (1958 Ed.)];
“issue document of title” has the meaning assigned to it in
the Land Code [Cap. 81 (1958 Ed.)];
“land” has the same meaning assigned to it in the Land
Code [Cap. 81. (1958 Ed.)];
“land parcel” means an individual parcel delineated
within a land subdivided under Part II, in which is comprised
of a building which is held under a subsidiary title, which may
have a shared basement, comprises accessory parcels and
common property;
“land surveyor” means any person who has been issued
with a licence to practice in Sarawak as a land surveyor under
the Land Surveyors Ordinance, 2001 [Cap. 40];
“limited common property” means, in relation to a
subdivided building or land, such part of the common property
in a lot that is—
(a) in the case of common property to be comprised
in a certified strata plan, designated in the sale and
purchase agreement of any proposed parcel in the lot,
for the exclusive benefit of the purchasers of two or
more (but not all) of those proposed parcels in the lot; or
(b) in the case of common property comprised in a
certified strata plan, designated in the limited common
property plan or a comprehensive resolution referred to
in section 23(1)(a) for the exclusive benefit of the
subsidiary proprietors of two or more (but not all)
parcels in that certified strata plan,
but does not include—
(i) the foundations, columns, beams, supports,
walls, roofs of, and any window installed in any
external wall of, any building within that parcel; and
(ii) any chute, pipe, wire, cable, duct and other
facility for the passage or provision of water,
sewage, drainage, gas, oil, electricity, telephone,
radio, television, garbage, heating and cooling
systems, or other similar services, not comprised in
any parcel or proposed parcel and necessary for the

common use of the occupiers of all parcels or
proposed parcels in that parcel;
“limited common property plan” means a plan prepared
for such part of the common property designated as limited
common property under section 23(2);
“lot” means an alienated land having a government
survey lot number which has been approved for development
pursuant to Part X of the Land Code [Cap. 81. (1958 Ed.)]
and capable of being subdivided into parcels under section 4;
“management corporation” means, in relation to a
subdivided building or land, the management corporation
established under section 21;
“Minister” means the Minister for the time being charged
with the responsibility for resource planning;
“new certified strata plan” means, in relation to a
subdivided building or land, the new certified strata plan
prepared for a parcel under section 19 or the Second Schedule;
“parcel” means, in relation to a subdivided building or
land, a parcel of a subdivided building or land;
“proprietor” means, in relation to a subdivided building
or land, the proprietor of the lot immediately before the
issuance of the subsidiary titles;
“provisional block” means—
(a) in relation to a subdivided building, a block
consisting of the proposed building parcels to be erected
on a building or lot, for which a provisional subsidiary
title is applied for; or
(b) in relation to a subdivided land, a block
consisting of the proposed land parcels, for which a
separate provisional subsidiary title is applied for;
“provisional share units” means the share value allotted
to a provisional block pursuant to section 12;
“provisional subsidiary title” means the document of
subsidiary title issued under section 15 to any of the
provisional blocks;
10 CAP. 75
“Register” has the same meaning assigned to it in the

Land Code [Cap. 81. (1958 Ed.)];
“Registrar” means a Registrar appointed under section 3
of the Land Code [Cap. 81 (1958 Ed.)];
“schedule of parcels” means a schedule showing the
parcel number, area and share units of each parcel and the
total share units of all the parcels; or in the case of provisional
block shows the proposed quantum of provisional share units
for each provisional block;
“share units” means the share units specified for a parcel
in the book of subsidiary register relating thereto;
“special resolution” has the same meaning assigned to it
in the Strata Management Ordinance, 2019 [Cap. 76/2019];
“storey” means any division of a building whether or not
on the same level throughout, and whether above or below the
surface of the ground;
“strata subdivision plan” means a strata subdivision plan
prepared and submitted under section 6;
“strata subdivision plan approval” means a strata
subdivision plan submitted for the approval of the
Superintendent under section 6;
“subsidiary management corporation” means, in relation
to a limited common property, the subsidiary management
corporation constituted for that limited common property
under section 23(4);
“subdivided building” means a building subdivided into
building parcels under Part II;
“subdivided land” means a land subdivided into land
parcels under Part II;
“subsidiary proprietor” means the proprietor of a parcel;
“subsidiary register” means the register of subsidiary title
prepared and maintained under section 14;
“subsidiary title” means strata title issued under Part III to
any of the individual parcel subdivided pursuant to Part II;
“Superintendent” means the Superintendent of Lands and

Surveys of the Division in which the lot is situated.
PART II
PROCEDURE PRIOR TO ISSUANCE OF SUBSIDIARY TITLE
Building or land capable of being subdivided into parcels

4. The proprietor of any alienated land held as one lot under a
document of title may subdivide such lot into parcels, each to be
held under a separate subsidiary title, whereby—
(a) any building thereon having two or more storeys
shall be capable of being subdivided into building parcels, and
any land on the same lot shall also be capable of being
subdivided into land parcels; or
(b) any land thereon having two or more buildings shall
be capable of being subdivided into land parcels.
Circumstances where it is compulsory for proprietor to submit

for strata subdivision plan approval
5.—(1) The proprietor of any lot capable of being

subdivided into parcels under section 4 shall submit for the strata
subdivision plan approval.
(2) Notwithstanding subsection (1), the proprietor of any lot

capable of being subdivided into parcels under section 4 shall,
within the period specified in subsection (3), submit in accordance
with section 6 for the strata subdivision plan approval:
Provided that upon application in writing by the proprietor, the

Minister may, subject to such conditions as he may deem fit to
impose, exempt any proprietor from the provisions of this
subsection.
(3) The time within which the requirement of subsection (1)
shall be complied with shall be—
(a) in the case where the building is completed or in the
course of being erected before the commencement of this
Ordinance, three months from the date of commencement of
this Ordinance; or
12 CAP. 75
(b) in the case where the building is to be erected after

the commencement of this Ordinance, three months from the
date of the approved building plan, or before the sale of any
parcel is entered into, whichever is the earlier:
Provided that upon application in writing by the proprietor
within the period specified above, the Director may, subject to
such conditions as he may deem fit to impose, extend the same for
a period of not more than three months.
(4) Where a submission is not made within the period
specified in subsection (3) or within such extended period as the
Director may allow thereunder, the proprietor commits an offence
and shall, upon conviction, be punished with a fine of not
exceeding fifty thousand ringgit and to a further fine of one
thousand ringgit for each day the offence continues from the day
of such conviction.
Procedure for strata subdivision plan approval

6.—(1) Any submission of the strata subdivision plan for
the approval of the Superintendent shall be made in writing in the
form as may be determined by the Director and shall be
accompanied by—
(a) such fee as may be prescribed by the Director;
(b) a strata subdivision plan comprising an index plan,
storey plan, delineation plan and the proposed schedule of
parcels, in triplicate for the proposed parcels and duly certified
by a land surveyor as follows:
(i) that he has made a comparison of the strata
subdivision plan to the approved building plan and any
approved amendments thereto under the Buildings
Ordinance, 1994 [Cap. 8];
(ii) in the case of a storey plan, that the
boundaries of the proposed parcels shown thereon
defined by reference to features of permanent
construction appearing in the building;
(iii) that the boundaries of all the proposed
parcels shown thereon have been endorsed by the
proprietor to be correct and in accordance with what was
sold or agreed to be sold by the proprietor;
(iv) that each of the proposed parcels has—

(A) an adequate means of access not
passing through another parcel; and
(B) an adequate means of internal
communication not passing through the common
property;
(v) that the position of each building or land
intended to be subdivided into parcels as delineated on the
delineation plan is within the boundaries of the lot in
question;
(vi) that the proposed share unit assigned to each
proposed parcel by the proprietor is in accordance with
section 12(3); and
(vii) shall contain such other certifications as
may be required by the Superintendent;
(c) an approved building plan and any approved
amendments thereto under the Buildings Ordinance, 1994
[Cap. 8], in triplicate; and
(d) contain such other details as the Superintendent
may require.
(2) Every index plan shall—
(a) specify the number of the lot and the title number of
the lot comprised therein;
(b) include a locality plan showing the boundaries of
the lot, its number, area, the abuttals and adjoining lot
numbers, roads and all other relevant details as may be
required;
(c) include a vertical section of each building, define by
reference to permanent construction of floors or ceilings and
showing the height of each storey; and
may require.
(3) Every storey plan shall—
14 CAP. 75
(a) specify the number of the lot, the title number of the
lot comprised therein, and the building and numbered storey
thereof to which the plan relates;
(b) define by reference to walls of permanent
construction (but without it being necessary to show any
bearings) the boundaries of each of the proposed parcels
within the storey;
(c) indicate in respect of each proposed parcel the
index-letter or number in the form as may be determined by
the Director;
(d) specify the total area of each proposed parcel;
(e) distinguish such parts of the storey as are not to be
included in any of the proposed parcels but are to become part
of the common property;
(f) show a legend of all the proposed parcels and
common property; and
(g) contain such other details as the Superintendent
may require.
(4) Every delineation plan shall—
(a) specify the number of the lot and the title number of
the lot comprised therein;
(b) delineate the boundaries and boundary marks of the
lot in question and the position of all buildings thereon,
showing which of those buildings are to be subdivided into
building parcels, and in the case of a land to be subdivided
into land parcels, delineate the boundaries and boundary
marks of the lot in question and the land parcels, showing the
position of all the buildings thereon by reference to the lot
boundary showing the bearings and distances of each
boundary;
(c) indicate in respect of each proposed building the
index-letter or number in the form as may be determined by
the Director;
(d) specify the superficial area on the ground of each
proposed building;
(e) distinguish such parts of the ground as are not to be

included in any of the proposed buildings but are to become
part of the common property;
(f) show a legend of all the proposed buildings,
proposed land parcel and common property; and
(g) contain such other details as the Superintendent
may require.
(5) Every proposed schedule of parcels shall—
(a) show the number of the lot, the title number of the
lot comprised therein, and the building and numbered storey
thereof to which the schedule relates;
(b) show all the accessory parcels, and specify therein
the proposed parcels they are made appurtenant to,
irrespective of whether the accessory parcels are contiguous to
those specified proposed parcels;
(c) show the proposed share units in whole numbers of
each proposed parcel and the total share units of all the
proposed parcels; and
may require.
(6) Where an accessory parcel—
(a) consists of a building or parts thereof and is
bounded by external walls, floors and ceilings, the dimensions
and boundaries of such accessory parcel shall be shown in the
plans in accordance with the requirements of subsections (2),
(3) and (4); or
(b) does not consist of a building or parts thereof, the
external boundaries of the accessory parcel shall be
ascertained from the approved building plan and any approved
[Cap. 8], and the accessory parcel shall be up to a reasonable
height or to extent of any projection above or encroachment
below ground level by another part of the parcel.
16 CAP. 75
Procedure for strata subdivision plan approval in the case of

phased development
7.—(1) Any submission made under section 6 may include
an application for the issuance of a provisional subsidiary title in
respect of a provisional block which is capable of being subdivided
into parcels under section 4.
(2) In addition to the requirements under section 6, any
application made under subsection (1) shall be made in writing to
Superintendent in the form as may be determined by the Director
and shall be accompanied by—
(a) the index plan, in triplicate which shall include a
legend, and shall delineate the position of each provisional
block, showing in accordance with the approved plans and any
approved amendments thereto by the Authority under Part X
of the Land Code [Cap. 81 (1958 Ed.)], the vertical section
and dimensions of the building or shared basement for land
parcels, if any, to which the provisional block relates;
(b) the storey plan, in triplicate in respect of each
provisional block, which shall delineate the external
boundaries, and show, in accordance with the approved plans
and any approved amendments thereto by the Authority under
Part X of the Land Code [Cap. 81 (1958 Ed.)], the horizontal
dimensions of the building or shared basement for land
parcels if any, to which the provisional block relates, without
it being necessary to show any bearing;
(c) the delineation plan, in triplicate which shall—
(i) delineate the proposed block or blocks by
reference to the lot boundary showing the bearings and
distances of each boundary;
(ii) specify the superficial area for provisional
block or blocks; and
(iii) contain such other details as the
Superintendent may require;
(d) the approved plans and any approved amendments
thereto by the Authority under Part X of the Land Code [Cap.
81 (1958 Ed.)], in triplicate;
(e) the proposed quantum of provisional share units for

each provisional block; and
(f) the proprietor—
(i) giving the date by which he undertakes that
the construction of the building or each building to
which the provisional block or blocks relate will be
completed;
(ii) paying to the Superintendent in respect of
each provisional block a deposit of such amount as the
Director may require; and
(iii) furnishing to the Superintendent a written
statement to the effect that he agrees that the amount of
the deposit be forfeited to the Government in the event
that by that date or by such later date as the Director
may allow, the construction of the building to which the
provisional block relates is not completed or, if
completed, the building has not been certified under the
Buildings Ordinance, 1994 [Cap. 8], to be fit for
occupation or use.
(3) Upon receiving the application made under subsection

(1), the Superintendent, if satisfied that it is in order, shall transmit
the same to the Director for his approval.
Approved building plans not available

8. If the approved building plan, was given, is not
available, so that it is not possible to comply with section 6(1), the
submission made under section 6, shall be accompanied by—
(a) in lieu of the approved building plan, building
plans, in triplicate, certified by a qualified person defined
under the Buildings Ordinance, 1994 [Cap. 8], as having been
drawn according to the actual features of the building and as
truly representing those features; and
(b) a certificate of a duly authorized officer by the local
authority under the Buildings Ordinance, 1994 [Cap. 8], that
the building as represented by the plans referred to in
paragraph (a) was erected with the requisite approvals given
under the Buildings Ordinance, 1994 [Cap. 8], but the
approved building plan is no longer available, but
18 CAP. 75
nevertheless, that the building, as represented by the plans

mentioned in paragraph (a) satisfies the requirements of the
Buildings Ordinance, 1994 [Cap. 8].
Conditions for approval of strata subdivision plan

9.—(1) The Superintendent shall approve the strata
subdivision plan submitted under section 6 if the following
conditions are satisfied:
(a) it has been certified by a land surveyor as follows—
(i) that the proposed share unit assigned to each
proposed parcel by the proprietor is in accordance with
section 12 (3);
(ii) that the proposed parcel has an adequate
means of access not passing through another parcel;
(iii) that the proposed parcel has an adequate
means of internal communication not passing through
the common property;
(iv) that he has made a comparison of the strata
subdivision plan to the approved building plans and any
approved amendments thereto under the Buildings
Ordinance, 1994 [Cap. 8];
(v) in the case of a storey plan, that the
boundaries of the proposed parcels shown thereon
defined by reference to features of permanent
construction appearing in the building; and
(vi) that the boundaries of all the proposed
parcels shown thereon have been endorsed by the
proprietor to be correct and in accordance with what was
sold or agreed to be sold by the proprietor;
(b) that in the case of any building for the erection of
which development or planning permission pursuant to Part X
of the Land Code [Cap. 81 (1958 Ed.)], was required has been
obtained; and
(c) that the subdivision of building or land approved
pursuant to Part X of the Land Code [Cap. 81 (1958 Ed.)], is
not contrary to the provisions of any written law for the time
being in force, and that any requirements imposed with
respect thereto by or under any such written law have been

complied with.
(2) In the case of a submission involving a provisional
block or blocks under section 7(1), the Superintendent shall
approve such plan if the following additional conditions are also
satisfied—
(a) that it has been certified by a land surveyor that the
position of each proposed provisional block as delineated on
the delineation plan is wholly within the boundaries of the lot
in question;
(b) that the quantum of the proposed provisional share
units assigned to each proposed provisional block by the
proprietor in his submission under section 7 is in accordance
section 12 (3); and
(c) that the proprietor has complied with section 7(2)
and approved by Director under section 7(3).
Action after strata subdivision plan approval

10.—(1) On receiving any strata subdivision plan submitted
under section 6, the Superintendent shall—
(a) approve the strata subdivision plan if the conditions
specified in section 9 are satisfied; or
(b) in any other case, reject the strata subdivision plan.
(2) Where he has approved the strata subdivision plan
submitted under section 6, the Superintendent shall—
(a) carry out or cause to be carried out by a land
surveyor such survey of the lot in question, and any of the
parcels thereon, as he may consider desirable; and
(b) from the relevant approved strata subdivision plan,
prepare or cause to be prepared by a land surveyor, with such
modifications as he may consider necessary in the light of any
such survey, a certified strata plan complying with the
requirements of subsection (3), and containing such details as
specified in the Land Surveyors Ordinance, 2001 [Cap. 40]
and Land Surveyors (Conduct of Cadastral Land Surveys)
Rules, 2003 [Swk. L.N. 137/2003].
20 CAP. 75
(3) The certified strata plan prepared pursuant to subsection

(2)(b) shall, on as many folios as the Superintendent may consider
most suitable for the purpose, be a plan delineating the parcels and
every such plan shall also contain—
(a) an index plan showing vertical section of the
building, showing the floors, ceilings, height and position
therein of the storeys to which it relates;
(b) a delineation plan of the lot in question, showing
the position of every subdivided building or land thereon;
(c) a storey plan showing the boundaries of each of the
proposed parcels within the storey;
(d) a schedule of parcels showing all the accessory
parcels, and specify therein the parcels they are made
appurtenant to, and show the share units in whole numbers of
each proposed parcel and the total share units of all the
parcels; and
(e) such other details as the Superintendent may require.
(4) For the purposes of the preparation of any such plan
under subsection (3), the common boundary of any parcel or
accessory parcel with any other parcels or accessory parcels, or
with any part of the building or land which is not included in any
of the parcels or accessory parcels, shall, except in so far as it may
have been otherwise provided in the relevant approved strata
subdivision plan, be taken to be the centre of the floor, wall or
ceiling, as the case may be, or in the case of land parcels, the
boundary at ground level may be defined by their demarcation on
the land.
(5) For the purpose of this section, the certified strata plan in
respect of a provisional block shall contain a plan showing the
position of each provisional block and the vertical section and
dimension of the building or shared basement for land parcels, if
any.
(6) The certified strata plan prepared under subsection (2)(b)
shall be submitted for approval of the Government surveyor under
the Land Surveyors Ordinance, 2001 [Cap. 40].
Filing of certified strata plan

11.—(1) No certified strata plan for a lot shall be filed under
this section unless it is in writing to the Superintendent in the form
as may be determined by the Director and shall be accompanied
by—
(a) the approved certified strata plan, in triplicate;
(b) a certification by a land surveyor that the building
or buildings are situated wholly within the boundaries of the
lot in question, but discounting any eave, awning, and any
balcony not forming part of the proposed parcel, which
projects over road or statutory reserve to which there subsists
a permit or easement issued under Land Code [Cap. 81 (1958
Ed.)], in respect of every such eave, awning and balcony.
(c) a certification by a land surveyor that the share unit
assigned to each parcel by the proprietor in the schedule of
parcels is in accordance with section 12 (3);
(d) in the case of any building approved under the
Buildings Ordinance, 1994 [Cap. 8], a certification by an
architect or an engineer that the building was constructed in
accordance with such approval, stating therein the date and
reference number of the approval;
(e) the issue document of title to the lot, or in the case
of section 19(3), the issue document of provisional subsidiary
title, or in the case of Second Schedule, the document of
subsidiary title;
(f) the proposed name of the management corporation,
the address for the service of documents thereon;
(g) a certificate issued under the Buildings Ordinance,
1994 [Cap. 8], stating that the building is fit for occupation or
use; and
(h) if any, a permit or easement issued under Land
Code [Cap. 81 (1958 Ed.)], in respect of any eave, awning
and balcony not forming part of the proposed parcel, which
projects over road or statutory reserve;
(2) The certified strata plan shall be filed under this provision
if the documents under subsection (1) have been submitted and the
following conditions are satisfied—
22 CAP. 75
(a) the issue document of title to the lot has a remaining

lease term of not less than twenty years;
(b) there are no arrears in respect of land rents or rates;
and
(c) the sublessee of a sublease of the whole or any part
thereof, other than a part corresponding precisely with or
included within, one of the parcels to be created on the
subdivision, or of any charge of the land or a sublease, has
consented in writing to the filing of the certified strata plan.
(3) Upon receiving the submission made under
subsection (1), the Superintendent, if satisfied that the approved
certified strata plan and other documents submitted therewith are
in order and if the conditions specified in subsection (2) are
satisfied, shall transmit copies of such plan and other documents to
the Registrar who shall cause a note of the filing thereof to be
endorsed on the Register.
(4) Upon filing of certified strata plan under subsections
(1) and (2), as soon as the fees chargeable in connection with the
preparation and registration of documents of subsidiary title to the
individual parcels have been paid, the Superintendent shall require
the Registrar to open a book of subsidiary register in accordance
with the provisions of section 14, and to prepare and register the
documents of subsidiary title in accordance with the provisions of
section 15.
Share units of parcels

12.—(1) Each parcel (except in the case of an accessory
parcel) shall have a share unit, which—
(a) shall be expressed in whole numbers; and
(b) shall be assigned by the proprietor and specified in
the form as may be determined by the Director, submitted
under section 11.
(2) The share unit in respect of a provisional block shall be
expressed in whole numbers.
(3) The share unit shall be determined in accordance with the
Fourth Schedule or the Land Surveyors (Conduct of Cadastral
Land Surveys) Rules, 2003 [Swk. L.N. 137/2003], or rules made

under this Ordinance.
(4) The share unit of a parcel shall determine—
(a) the voting rights of the subsidiary proprietors;
(b) the quantum of the undivided share of each
subsidiary proprietor in the common property in the event—
(i) Where a subdivided building or land is
damaged but is not totally destroyed is continued to be
use in accordance with section 27;
(ii) the subdivision of building or land into
parcels is terminated in accordance with section 28; and
(iii) the common property is required for public
purposes under section 48 of the Land Code [Cap. 81
(1958 Ed.)]; and
(c) the amount of contributions levied by a
management corporation on the subsidiary proprietors of all
the parcels in a subdivided building or land.
(5) Subject to subsections (6), (7) and (8), the share unit of
any parcel in the document of subsidiary title shall not be altered in
any manner after the filing of certified strata plan.
(6) The Superintendent may alter the share unit of a parcel
consequent upon the division of the parcel into two or more parcels
or the amalgamation of two or more parcels.
(7) The Registrar may rectify any entry in the document of
subsidiary title in respect of the share unit of a parcel if he is
satisfied that there is an error in the entry.
(8) The court may order the share unit of a parcel shown in a
document of subsidiary title to be amended when the court is
satisfied that the value was fraudulently assigned to the parcel.
Accessory parcel
13. No accessory parcel shall be dealt with independently of
the parcel to which such accessory parcel has been made
appurtenant to as shown on the approved certified strata plan.
24 CAP. 75
PART III
REGISTRATION AND ISSUANCE OF SUBSIDIARY TITLE
Preparation and maintenance of register of subsidiary title

14.—(1) The Registrar shall prepare and maintain a register
of subsidiary title, to be known as the subsidiary register.
(2) The subsidiary register shall consist of a series of
books, each relating to one lot and every such book shall contain—
(a) an index in Form A in the First Schedule relating to
the individual parcels comprised in the lot;
(b) a statement in Form B in the First Schedule which,
subject to subsection (4), shall—
(i) set out or, where appropriate, summarize so
far as they relate to matters capable of affecting any of
those parcels or provisional blocks, all memorials,
endorsements and other entries which appeared on the
Register at the time the statement was authenticated by
the Registrar; or
(ii) confirm that there were no such entries;
(c) a copy of the certified strata plan filed under section
11; and
(d) a register document of the subsidiary title to each
individual parcel and each provisional block.
(3) The name of the management corporation, and the
address for the service of documents thereon, required to be stated
in the index in the form as determined under subsection (2)(a) shall
be supplied to the Registrar by the proprietor.
(4) For the purposes of the statement made under
subsection (2)(b), no account shall be taken of any sublease or
tenancy relating to a part of the land or building which corresponds
precisely with, or is included within, one of such parcels created on
the subdivision or of any charge of such sublease, but any such
sublease, tenancy or charge shall be endorsed on the register of the
document of subsidiary title to the parcel in question.
Documents of subsidiary title

15.—(1) The Registrar shall prepare documents of subsidiary
title in respect of—
(a) the parcel; and
(b) the provisional block, if any.

(2) The document of subsidiary title to be prepared by the
Registrar in respect of the parcel or provisional block under
subsection (1) shall consist of—
(a) a register document of subsidiary title in Form C or
Form E in the First Schedule, as the case may be;
(b) an issue document of subsidiary title in Form D or
Form F in the First Schedule, as the case may be; and
(c) the certified strata plan filed under section 11:
Provided that, in the case of a parcel created on the
division or amalgamation of any existing parcels, the plan to
be attached to the issue documents of subsidiary title shall be
such as may be prepared in accordance with the Second
Schedule.
(3) Every document of subsidiary title shall be prepared in
the name of the proprietor of the lot in question, or where it relates
to a parcel created on the division or amalgamation of the existing
parcel, in the name of the person last registered as the subsidiary
proprietor of the existing parcel.
(4) In the case of a provisional block, the Registrar shall
endorse the word “Provisional” on both the register and issue
document of subsidiary title and enter an appropriate caution
thereon prohibiting the registration of any dealings in respect of
the provisional block comprised therein.
(5) The registration of the documents of subsidiary title
shall consist of their authentication under the hand and seal of the
Registrar and the date of registration shall be inscribed by him on
every document.
(6) The provisions of Part VII of the Land Code [Cap. 81
(1958 Ed.)], shall apply to documents of subsidiary title as they
apply to other documents of title.
26 CAP. 75
Effect of opening book of subsidiary register

16.—(1) On authenticating the statement made under section
14(2)(b), the Registrar shall make on the Register and issue
document of title in question, a memorial to the effect that the
book has been opened, and that the common property is vested in
the management corporation, and upon registration of its document
of vesting under the Land Code [Cap. 81 (1958 Ed.)], shall return
the issue document of title to that management corporation.
(2) No entry shall thereafter be made on a document of title
except one affecting the common property.
PART IV
PROCEDURE PRIOR TO ISSUANCE OF SUBSIDIARY
TITLES FOR PARCELS WITHIN PROVISIONAL BLOCK
Procedure for strata subdivision plan approval

17.—(1) The proprietor of a provisional subsidiary title shall
submit the strata subdivision plan for the approval of the
Superintendent for the parcels within the provisional block within
the period specified in section 5.
(2) The submission made under subsection (1) shall be
made in writing to the Superintendent in the form as may be
determined by the Director and shall be accompanied by—
(a) such fees as may be prescribed;
(b) an approved building plan and any approved
[Cap. 8], in triplicate;
(c) a strata subdivision plan comprising an index plan,
storey plan and delineation plan, in triplicate for the proposed
parcels and duly certified by a land surveyor as required under
section 6 (1)(b) and containing such details as are specified in
section 6;
(d) a copy of approved certified strata plan for the
provisional block or blocks; and
(e) a statement showing the proposed allocation of the
provisional share units among the new parcels.
(3) Upon receiving any submission made under subsection

(1), the Superintendent, if satisfied the strata subdivision plan and
the other documents submitted therewith are in order, shall
transmit copies of such plan and other documents to the Registrar
who shall cause a note of the submission thereof to be endorsed on
the register document of provisional subsidiary title of the
provisional block.
Conditions for approval of strata subdivision plan

18. The Superintendent shall approve any strata subdivision
plan submitted under section 17 if the following conditions are
satisfied—
(a) there has been no change in the total area and
position of the building or land as submitted pursuant to
section 7 (2) and 9 (2)(a);
(b) there has been no change in the total share units for
the parcels from the quantum of provisional share units shown
pursuant to section 9 (2)(b); and
(c) all the conditions specified in section 9(1) are
satisfied.
Action after strata subdivision plan approval

19.—(1) On receiving any strata subdivision plan submitted
under section 17, the Superintendent shall—
(a) approve the strata subdivision plan if the conditions
specified in section 18 are satisfied; or
(b) in any other case, reject the strata subdivision plan.
(2) Where he has approved the strata subdivision plan

submitted under section 17, the Superintendent shall—
(a) carry out or cause to be carried out by a land surveyor

such survey of the provisional block in question, and any of
the parcels thereon, as he may consider desirable; and
(b) from the relevant approved strata subdivision plan,

prepare or cause to be prepared by a land surveyor, with such
modifications as he may consider necessary in the light of any
such survey, a new certified strata plan complying with the
28 CAP. 75
requirements of section 10(3), and containing such details as

specified in the Land Surveyors Ordinance, 2001 [Cap. 40],
and Land Surveyors (Conduct of Cadastral Land Surveys)
Rules, 2003 [Swk. L.N. 137/2003].
(3) Upon approval of the new certified strata plan, such

plans shall be filed pursuant to section 11.
Modification of subsidiary register, registration and

preparation of new documents of subsidiary title and
cancellation of provisional subsidiary title
20.—(1) Upon filing of the new certified strata plan under
section 11 and the fees chargeable in connection with the
preparation and registration of documents of subsidiary title have
been paid, the Superintendent shall require the Registrar to take
action as specified in subsection (2).
(2) The Registrar shall—
(a) replace the copy of the original certified strata plan
in the relevant book of the subsidiary register with the copy of
the new certified strata plan prepared for his retention;
(b) amend the schedule of parcels and make such other
alterations in the relevant book of the subsidiary register as
are necessary to take account of the changes as a result of the
completion of the building;
(c) prepare and register the documents of subsidiary
title in accordance with the provisions of section 15 in respect
of the new parcels;
(d) endorse on the register document of subsidiary title
in respect of the former provisional block a statement to the
effect that the subsidiary titles (specifying the title numbers
thereof) have been issued to the new parcels in the subdivided
building or land; and
(e) cancel and destroy the issue document of
provisional subsidiary title.
PART V
THE MANAGEMENT CORPORATION
Establishment of the management corporation

21.—(1) Upon the opening of a book of the subsidiary
register in respect of a subdivided building or land, there shall, by
the operation of this section, come into existence a management
corporation consisting of all the subsidiary proprietors including,
in the case of phased development, the proprietor of the
provisional subsidiary title.
(2) Upon payment of the prescribed fee, the management
corporation established under subsection (1) shall be issued by the
Registrar with a certificate of incorporation in the form as may be
determined by the Director and shall be known by the name
appearing in the book of the subsidiary register for the subdivided
land or building, and shall be a body corporate having perpetual
succession and a common seal, and may sue and be sued.
(3) In the case where a certificate certifying the
establishment of the management corporation was not issued
during the opening of book of subsidiary register, the management
corporation may apply to the Superintendent for a certificate
certifying that the management corporation has been established in
the form and such fee as may be determined by the Director.
Ownership of common property and custody of issue

document of title
22. The management corporation upon its establishment
shall become the proprietor of the common property and the
custodian of the issue document of title of the lot in question.
Creation of limited common property and establishment of

subsidiary management corporations
23.—(1) The common property comprised or to be comprised

in a certified strata plan may be designated as limited common
property and create one or more subsidiary management
corporation only for the purpose of representing the different
interests of the subsidiary proprietors —
30 CAP. 75
(a) by the management corporation in respect of that the

certified strata plan pursuant to a comprehensive resolution
conducted in accordance with Strata Management Ordinance,
2019 [Cap. 76/2019]; or
(b) by the proprietor thereof for the lot in question when

the certified strata plan is lodged with Government surveyor
under section 10 (6).
(2) Subject to subsection (3), common property comprised

or to be comprised in certified strata plan shall be designated as the
limited common property under subsection (1) for the lot as
follows:
(a) describes or identifies or defines the boundaries or
area of the limited common property, as the case may be, in
the limited common property plan;
(b) specifies in a schedule, number and share unit of
each parcel and total share units of all the parcels comprised in
that limited common property plan whose subsidiary
proprietors are entitled to the exclusive benefit of the limited
common property; and
(c) conform with any other details as the
Superintendent may determine.
(3) The proprietor or management corporation shall make
an application in writing to the Superintendent in the form as may
be determined by the Director for the issuance of the certificate of
subsidiary management corporation for the designated limited
common property and shall be accompanied by—
(a) such fee as may be prescribed;
(b) in the case of designation by management
corporation, a copy of the comprehensive resolution together
with a certificate signed by the Commissioner certifying the
receipt of the same filed with him by management
corporation;
(c) in the case of designation by the proprietor of the
lot, sale and purchase agreement of proposed parcels for the
exclusive benefit of the purchasers of two or more of those
proposed parcels; and
(d) a limited common property plan prepared under

subsection (2) to be submitted in triplicate and certified by a
land surveyor as follows:
(i) that the limited common property as described
or identified or defined in the plan is situated within the
boundary of common property as shown on a certified
strata plan;
(ii) that the parcel and share unit specified in the

schedule prepared under subsection 2(b) above is correct
and in accordance with the certified strata plan and
schedule of parcels prepared for the purpose of section
11.
(iii) that the prepared plan and schedule for limited

common property are in compliance with Strata
Management Ordinance, 2019 [Cap. 76/2019].
(4) The Superintendent shall thereupon, if he is satisfied
that the application and the other documents presented therewith
are in order, upon payment of the prescribed fee, issue a certificate
of incorporation, and shall be a body corporate having perpetual
succession and a common seal, and may sue and be sued.
Change of name and certificate of incorporation
24.—(1) With the approval of the Commissioner pursuant to

Strata Management Ordinance, 2019 [Cap. 76/2019], the
management corporation or subsidiary management corporation
may by special resolution conducted in accordance with Strata
Management Ordinance, 2019 [Cap. 76/2019], to change the name
of the corporation.
(2) Upon receipt of a notification under subsection (1) in

the form as may be determined by the Director and a copy of the
special resolution together with a certificate signed by the
Commissioner certifying the receipt of the same filed with him by
management corporation, the Superintendant shall direct the
Registrar to make necessary entry in the Register and the
subsidiary register, and shall endorse the same on the certificate of
incorporation.
32 CAP. 75
(3) A change of name of a corporation under this section

shall not affect any rights or obligations of the corporation or
render defective any legal proceedings by or against the
corporation, and any legal proceedings which might have been
continued or commenced against it by its former name may be
continued or commenced against it by its new name.
(4) A certificate of incorporation issued under section

21(2) and section 23(4), or any amendment thereof by the
Registrar as the case may be, in respect of a management
corporation shall be conclusive evidence that such management
corporation is incorporated under this Ordinance.
Termination of limited common property
25.—(1) This section shall apply where a management

corporation and the subsidiary management corporation concerned,
has in accordance with the Strata Management Ordinance, 2019
[Cap. 76/2019], resolved to terminate the limited common
property concerned of a subsidiary management corporation.
(2) Upon receipt of a notification under subsection (1) in the
form as may be determined by the Director and a copy of the
comprehensive resolution together with a certificate signed by the
Commissioner certifying the receipt of the same filed with him by
management corporation, the Superintendant shall direct the
Registrar to make necessary entry in the Register and the
subsidiary register.
(3) Upon such entry by Registrar, the subsidiary
management corporation shall cease to exist.
Pre-existing charges
26.—(1) Where a subdivided land or building is subject to a
charge which existed before the issuance of the subsidiary title, the
chargee shall have the same rights and remedies as he would have
had if the issuance of the subsidiary title had not taken place:
Provided that documents to be served or legal proceedings to
be taken in connection with the charge shall be served or taken, as
the case may be, on or against the management corporation in
place of the chargor.
(2) Nothing in subsection (1) shall prevent the chargee

from making alternative arrangements in respect of the charge by
agreement with the proprietor, the management corporation or any
of the subsidiary proprietors.
Power of Court where subdivided building or land is damaged

27.—(1) Where a subdivided building or land is damaged but
is not totally destroyed, the Court on the application of the
management corporation, a subsidiary proprietor or the registered
chargee of any parcel may by order settle a scheme for the
reinstatement or continued use of the building in whole or in part;
and any such scheme may include provision for the transfer of the
interests of subsidiary proprietors of parcels which have been
wholly or partially destroyed to the other subsidiary proprietors in
proportion to their share units.
(2) In the exercise of its powers under subsection (1), the
Court may make such orders as it deems necessary or expedient for
giving effect to the scheme, including orders—
(a) directing the application of insurance moneys
received by the management corporation in respect of damage
to the building;
(b) directing payment of money by the management
corporation or by the subsidiary proprietors or by one or more
of them;
(c) directing such amendment or replacement of the
certified plan and such consequential amendment or
replacement of the subsidiary register as the Court thinks fit;
or
(d) imposing such terms and conditions as the Court
thinks fit.
(3) Where an application is made under subsection (1), any
insurer who has effected insurance on the building to which the
application relates (or on any part thereof) shall have the right to
appear on the hearing of the application.
Termination of subdivision of building or land

28.—(1) The management corporation, where—
34 CAP. 75
(a) the subdivided land or building is totally destroyed;

or
(b) the subsidiary proprietors seek to demolish the
subdivided land or building or, in the case of a subdivided
land or building which has been partially destroyed, the
remaining parts of the subdivided land or building; or
(c) there is only one subsidiary proprietor,
may be directed by comprehensive resolution conducted in
accordance with the Strata Management Ordinance, 2019
[Cap. 76/2019], to take action to terminate the subdivision of
building or land; and, subject to any order of the Court made under
subsection (7), the management corporation if so directed shall
lodge with the Superintendent a notification in the form as may be
determined by the Director, together with the relevant issue
document of title of the lot, issue documents of subsidiary title and
a copy of the comprehensive resolution together with a certificate
signed by the Commissioner certifying the receipt of the same filed
with him by management corporation.
(2) On receipt of a notification under subsection (1), the
Superintendant shall direct the Registrar to make necessary entry
in the Register and the subsidiary register.
(3) Upon such entry by the Registrar under subsection
(2)—
(a) the subdivision of land or building shall be
terminated and the subsidiary proprietors shall cease to be the
proprietors of the parcels; and
(b) the management corporation shall become the
proprietor of the lot as the trustee of the former proprietors.
(4) Where the management corporation becomes proprietor
of the lot under subsection (3)—
(a) any charge on a parcel which existed immediately
before the termination of the subdivision of land or building
shall become a personal obligation of the chargor to pay to the
chargee what is due under the charge;
(b) each of the former proprietors shall continue to be a
member of the management corporation, having the same
voting rights as he had immediately before the termination of

the subdivision of land or building;
(c) the management corporation shall hold and manage
the lot for the benefit of the former proprietors;
(d) the former proprietors may by comprehensive
resolution conducted in accordance with the Strata
Management Ordinance, 2019 [Cap. 76/2019], direct the
management corporation to transfer the lot to any person or
body; and
(e) the management corporation shall distribute any
profits arising from its proprietorship of the lot, including any
purchase money received on a transfer, to the former
proprietors proportionately to the share units which they held
immediately before the termination of the subdivision of land
or building.
(5) Notwithstanding the termination of a subdivided land or
building under this section, the relevant book of the subsidiary
register shall continue in existence while the management
corporation remains the proprietor of the lot and may be used in
evidence as a record of matters relating to the subdivided land or
building before its termination.
(6) Where the management corporation, having become the
proprietor of the lot under subsection (3), transfers the lot in
pursuance of a direction under subsection (4)(d)—
(a) the corporation shall continue in existence for so
long as is reasonably necessary to wind up its affairs and shall
then cease to exist; and
(b) the Registrar shall cancel the relevant book of the
subsidiary register and the certificate of incorporation.
(7) The Court, if it is satisfied that the justice of the case so
requires—
(a) may, on the application of the management
corporation, a subsidiary proprietor or the chargee of a parcel,
make an order—
(i) directing the management corporation to
take action under subsection (1) notwithstanding the
absence of a comprehensive resolution; or
36 CAP. 75
(ii) prohibiting the management corporation

from taking action under that subsection
notwithstanding a direction given by comprehensive
resolution; and
(b) where the corporation has transferred the lot in
pursuance of a direction under subsection (4)(d), may, on the
application of the management corporation, a former
proprietor or a former chargee, make an order for the winding
up of the corporation’s affairs.
(8) In this section—
“former chargee” means the registered chargee of a
parcel before the termination of the subdivided land or
building;
“former proprietor” means the subsidiary proprietor of a
parcel before the termination of the subdivided land and
building.
PART VI
RIGHTS AND OBLIGATIONS ATTACHING TO
INDIVIDUAL PARCELS
Rights of subsidiary proprietor in his parcel and in common

property
29.—(1) Subject to the provisions of this Ordinance, a
subsidiary proprietor shall have—
(a) in relation to his parcel, the powers conferred by the
Land Code [Cap. 81 (1958 Ed.)], on a proprietor in relation to
his land; and
(b) in relation to the common property, the rights of
user which he would have had if he and the other subsidiary
proprietors were co-proprietors thereof.
(2) No rights in the common property shall be disposed of
by a subsidiary proprietor except as appurtenant to a parcel; and
any disposition of a parcel by a subsidiary proprietor shall without
express reference include a like disposition of the rights in the
common property which are appurtenant to the parcel.
(3) The provisions of the Second Schedule shall have effect

in relation to the division and amalgamation of parcels.
Rights of support, service and shelter

30.—(1) Subject to any written law, in favour of and against
each subsidiary proprietor there shall be implied a right of support
and a right of service.
(2) Each subsidiary proprietor shall be entitled to have his
parcel sheltered by all such parts of the subdivided land or building
as are capable of affording shelter and may, for the purpose of
replacing, renewing or restoring any such shelter, enter upon the
common property or any other parcel.
(3) The rights and obligations mentioned in subsections (1)
and (2) shall be effective without memorial or notification in the
subsidiary register, and there shall be implied in respect of them
such ancillary rights and obligations as are reasonably necessary to
make them effective.
(4) In this section—
“right of support” means a right to subjacent and lateral
support by the common property and by every other parcel
capable of affording support;
“right of service” means rights to the passage or
provision of water, sewage, drainage, gas, electricity, garbage,
artificially cooled or heated air and other services, including
telephone, radio and television services through or by means
of pipes, wires, cables or ducts.
PART VII
EFFECT OF ACQUISITION OF SUBDIVIDED BUILDING
OR LAND
Procedure of taking formal possession of any subdivided

building or land
31.—(1) Upon taking formal possession of the whole or part

of subdivided building or land under Part IV of Land Code [Cap.
81 (1958 Ed.)], the Third Schedule shall apply in so far as they
relate to the procedures for the modification of the subsidiary
38 CAP. 75
register, affairs of the management corporation and other purposes

connected therewith.
(2) Other provisions of this Ordinance which relate to the

form of document of subsidiary title, the procedure for the
preparation and registration of any document of subsidiary title,
shall be read with modifications, amendments, additions, deletions,
substitutions or adaptations as provided in the Third Schedule.
PART VIII
ENFORCEMENT
Penalties
32. Any person who—
(a) knowingly makes any false statement, orally or in
writing, in connection with any matter arising under this
Ordinance;
(b) fraudulently alters, adds to, erases, defaces or
destroys any document of title or other documents issued
under this Ordinance, or any instrument or other entries on
any such documents;
(c) fraudulently procures—
(i) the making of any instrument or other
entries on any document of title or other documents
issued under this Ordinance; or
(ii) the cancellation or amendment of any such
documents, or of any instrument or other entries
thereon; or
(d) suppresses or conceals from the Minister,
Authority, Director, Superintendent or Registrar, or assists or
joins in so doing, any material document, fact or matter,
commits an offence and shall, upon conviction, be liable to a fine
of not exceeding one hundred thousand ringgit or imprisonment for
a term of not exceeding five years, or to both.
Power of investigation
33.—(1) The Director may investigate the commission of
any offence under this Ordinance.
(2) The Director may authorize in writing any person to
exercise the powers of enforcement under this Ordinance (referred
to in this Part collectively as “authorized officer”).
(3) Every authorized officer shall be issued with an authority
card to be signed by the Director.
(4) Whenever an authorized officer exercises any of its
powers of enforcement under this Ordinance, he shall on demand
produce to the person against whom the power is being exercised
the authority card issued to him under subsection (3).
(5) In any case relating to the commission of an offence
under this Ordinance, the Director or an authorized officer carrying
out an investigation may exercise all or any of the powers of a
police officer of whatever rank in relation to police investigation in
seizable cases as provided under the Criminal Procedure Code
[Act 593], and such powers shall be in addition to the powers
provided under this Part and not in derogation thereof.
Search and seizure with warrant

34.—(1) If it appears to a Magistrate, upon written
information on oath from the Director or authorized officer and
after such inquiry as he considers necessary, that there is
reasonable cause to believe that an offence under this Ordinance or
its subsidiary legislation is being or has been committed on any
premises, so that any evidence or thing which is necessary to the
conduct of an investigation into an offence may be found in any
premises, the Magistrate may issue a warrant authorizing the
Director or any authorized officer named in the warrant to enter the
premises at any reasonable time by day or by night, with or
without assistance.
(2) Without affecting the generality of subsection (1), the
warrant issued by the Magistrate may authorize the Director or
authorized officer to—
(a) search for and seize any book, register, document or
other record;
40 CAP. 75
(b) inspect, make copies of, or take extracts from, any

book, register, document or other record so seized;
(c) take possession of, and remove from the premises,
any book, register, document or other record so seized; or
(d) make such inquiry as may be necessary to ascertain
whether the provisions of this Ordinance have been complied
with.
(3) The Director or authorized officer conducting a search
under subsection (1) may, for the purpose of investigating into the
offence, search any person who is in or on the premises.
(4) The Director or authorized officer making a search of a
person under subsection (1) or section 35 may seize, or take
possession of, and place in safe custody all things other than the
necessary clothing, found upon the person, and any other things,
for which there is reason to believe were the instruments or other
evidence of the offence, and they may be retained until the
discharge or acquittal of the person.
(5) No person shall be searched except by another person
of the same gender, and such search shall be conducted with strict
regard to decency.
(6) If, by the reason of its nature, size or amount, it is not
practicable to remove any book, register, document or other record
seized under this section, the seizing officer shall by any means
seal such book, register, document or other record in the premises
or container in which it is found.
(7) A person who, without lawful authority, breaks,
tampers with or damages the seal referred to in subsection (6) or
removes any book, register, document or other record under seal or
attempts to do so commits an offence and shall, on conviction, be
liable to a fine not exceeding one hundred thousand ringgit or to
imprisonment for a term not exceeding three years or to both.
Search and seizure without warrant

35. If the Director or an authorized officer is satisfied upon
information received that he has reasonable cause to believe that
by reason of delay in obtaining a search warrant under section 34
the investigation would be adversely affected or evidence of the

commission of an offence is likely to be tampered with, removed,
damaged or destroyed, the Director or authorized officer may enter
the premises and exercise all the powers referred to in section 34 in
a full and complete manner as if he were authorized to do so by a
warrant issued under that section.
Power of arrest
36.—(1) Any authorized officer may arrest without warrant
any person whom he reasonably believes has committed or is
attempting to commit an offence under this Ordinance or any
regulation made under this Ordinance.
(2) An authorized officer making an arrest under subsection
(1) shall without unnecessary delay take the person so arrested to
the nearest police officer or, in the absence of a police officer, take
such person to the nearest police station, and thereafter the person
shall be dealt with as is provided for by the law relating to criminal
procedure for the time being in force as if he had been arrested by
a police officer.
Access to computerized data
37.—(1) The Director or authorized officer conducting a
search under section 34 or 35 shall be given access to
computerized data whether stored in a computer or otherwise.
(2) For the purposes of this section, “access”—
(a) includes being provided with the necessary
password, encryption code, decryption code, software or
hardware and any other means required to enable
comprehension of computerized data; and
(b) has the meaning assigned to it in sections 2(2) and
(5) of the Computer Crimes Act 1997 [Act 563].
List of things seized

38.—(1) Except as provided in subsection (2), where any
book, register, document or other record is seized under this Part,
the seizing officer shall as soon as practicable prepare a list of the
things seized and of the places in which they are respectively
found and deliver a copy of the list signed by him to the occupier
42 CAP. 75
of the premises which has been searched, or to his agent or servant,

at the premises.
(2) Where the premises are unoccupied, the seizing officer
shall whenever possible post a list of the things seized
conspicuously on the premises.
Release of things seized
39.—(1) If any book, register, document or other record has
been seized under this Ordinance, the Director or authorized
officer who effected the seizure, may at any time after that release
the book, register, document or other record to the person as he
determines to be lawfully entitled to the book, register, document
or other record if he is satisfied that the book, register, document
or other record is not otherwise required for the purpose of any
proceedings under this Ordinance or its subsidiary legislation, or
for the purpose of any prosecution under any other written law,
and in such event neither the officer effecting the seizure, nor the
Government or the Director shall be liable to any proceedings by
any person if the seizure and the release of the book, register,
document or other record had been effected in good faith.
(2) A record in writing shall be made by the Director or
authorized officer effecting the release of any book, register,
document or other record under subsection (1) specifying in detail
the circumstances of and the reason for the release and he shall
send a copy of the record to the State Attorney-General and to the
Commissioner of Police within seven days of the release.
Power to require attendance of person acquainted with case
40.—(1) The Director or authorized officer making an
investigation under this Ordinance or its subsidiary legislation may
by order in writing require the attendance before himself of any
person who appears to the Director or authorized officer to be
acquainted with the facts and circumstances of the case, and such
person shall attend as so required.
(2) If any person refuses to attend as so required, the Director
or authorized officer may report such refusal to a Magistrate who
shall issue a warrant to secure the attendance of such person as
may be required by the order made under subsection (1).
Examination of person acquainted with case

41.—(1) The Director or authorized officer making an
investigation under this Ordinance or its subsidiary legislation may
examine orally any person supposed to be acquainted with the
facts and circumstances of the case.
(2) The person examined under subsection (1) shall be
legally bound to answer all questions relating to such case put to
him by the Director or authorized officer, but such person may
refuse to answer any question the answer to which would have a
tendency to expose him to a criminal charge or penalty or
forfeiture.
(3) A person making a statement under this section shall be
legally bound to state the truth, whether or not such statement is
made wholly or partly in answer to the questions.
(4) The Director or authorized officer examining a person
under subsection (1) shall first inform the person of the provisions
of subsections (2) and (3).
(5) A statement made by any person under this section shall,
whenever possible, be reduced into writing and signed by the
person making it or affixed with his thumbprint, as the case may
be—
(a) after it has been read to him in the language in
which he made it; and
(b) after he has been given an opportunity to make any
correction he may wish.
Obstruction
42. A person who—
(a) refuses the Director or any authorized officer access
to any premises which the Director or authorized officer is
entitled to have under this Ordinance or in the execution of
any duty imposed or power conferred by this Ordinance;
(b) assaults, obstruct, hinders or delays the Director or
any authorized officer in effecting any entry which the
Director or authorized officer is entitled to effect under this
44 CAP. 75
Ordinance or in the execution of any duty imposed or power

conferred by this Ordinance; or
(c) refuses to give the Director or any authorized
officer any information relating to an offence or suspected
offence under this Ordinance or its subsidiary legislation or
any other information which may reasonably be required of
him and which he has in his knowledge or power to give, but
such person may refuse to answer or give any information
where the answer or information given would lead or expose
him to criminal charge or penalty or forfeiture,
shall be guilty of an offence and shall, upon conviction, be
punished with a fine not exceeding one hundred thousand ringgit
or to imprisonment for a term not exceeding three years or to both.
Requirement to provide translation
43.—(1) Where the Director or an authorized officer finds,
seizes, detains, or takes possession of any book, register, document
or other record in the exercise of any power under this Ordinance,
and such book, register, document or other record or any part of it
is in a language other than the national language or the English
language, or in any sign or code, the Director or authorized officer
may orally or in writing require the person who had the possession,
custody or control of such book, register, document or other record
to furnish to the Director or authorized officer a translation in the
national language or the English language of such book, register,
document or other record within such period as, in the opinion of
the Director or authorized officer, would be reasonable having
regard to the length of the book, register, document or other
record, or other circumstances relating to it.
(2) No person shall furnish a translation under subsection (1)
which is not an accurate and true translation, or knowingly make a
translation under that subsection which is not accurate and true.
(3) Any person who fails to comply with subsection (2) shall
be guilty of an offence and shall, upon conviction, be punished
with a fine not exceeding one hundred thousand ringgit or to
imprisonment for a term not exceeding three years or to both.
Power to compound offences

44.—(1) The Director or any officer authorized by the
Director by notification in the Gazette, may compound any offence
committed by any person under this Ordinance or its subsidiary
legislation and prescribed to be a compoundable offence by
making a written offer to the person who has committed an offence
under this Ordinance or its subsidiary legislation to compound the
offence upon payment to the Director an amount of money not
exceeding fifty per centum of the maximum fine for that offence
within such time as may be specified in the written offer.
(2) An offer under subsection (1) may be made at any time
after the offence has been committed but before any prosecution
for it has been instituted, and if the amount specified in the offer is
not paid within the time specified in the offer, or such extended
time as the Director may grant, prosecution for the offence may be
instituted at any time after that against the person to whom the
offer was made.
(3) Where an offence has been compounded under
subsection (1), no prosecution shall be instituted in respect of the
offence against the person to whom the offer to compound was
made, and any book, register, document or other record seized
under this Ordinance or its subsidiary legislation in connection
with the offence may be released by the Director, subject to such
terms and conditions as it thinks fit to impose in accordance with
the conditions of the compound.
(4) All sums of money received under this section by the
Director or any officer authorized by the Director under subsection
(1) shall be deposited into the State Consolidated Fund.
Prosecution
45. Prosecution of any offence under this Ordinance or any
of its subsidiary legislation may be conducted by the Public
Prosecutor or any person authorized by him under section 377(b)
of Criminal Procedure Code [Act 593].
Jurisdiction of the Sessions Court
46. Notwithstanding the provisions of any written law to
the contrary, a Sessions Court shall have jurisdiction to try
summarily any offence under this Ordinance or any of its
46 CAP. 75
subsidiary legislation and to award a full punishment for any such

offence.
Protection of informers
47.—(1) Except as provided in subsections (2) and (3), no
witness in any civil or criminal proceedings under this Ordinance
shall be obliged or permitted to disclose the name or address of
any informer or the substance and nature of the information
received from him or state any matter which might lead to his
discovery.
(2) If any book, register, document or other record which is
in evidence or is liable to inspection in any civil or criminal
proceedings, contain any entry in which any informer is named or
described or which might lead to his discovery, the court shall
cause all such entries to be concealed from view or to be
obliterated in so far as may be necessary to protect the informer
from discovery.
(3) If in the trial for any offence under this Ordinance, the
court after full enquiry into the case believes that the informer
willfully made in his complaint a material statement which he
knew or believed to be false or did not believe to be true, or if in
any other proceeding the court is of opinion that justice cannot be
fully done between the parties thereto without the identification of
the informer, it shall be lawful for the court to require the
production of the original complaint, if in writing, and permit
enquiry, and require full disclosure concerning the informer.
Offences by body corporate

48. If a body corporate commits an offence under this
Ordinance or its subsidiary legislation, any person who at the time
of the commission of the offence was an officer of the Company as
defined in the Companies Act 2016 [Act 777], or other similar
officer of the body corporate or was purporting to act in any such
capacity or was in any manner or to any extent responsible for the
management of any of the affairs of the body corporate or was
assisting in such management—
(a) may be charged severally or jointly in the same
proceedings with the body corporate; and
(b) if the body corporate is found guilty of the offence,

shall be deemed to be guilty of that offence unless, having
regard to the nature of his functions in that capacity and to all
circumstances, he proves—
(i) that the offence was committed without his
knowledge, consent or connivance; and
(ii) that he had taken all reasonable precautions
and exercised due diligence to prevent the commission
of the offence.
PART IX
MISCELLANEOUS
Power of entry by public or local authority

49. A public or local authority which is authorized by any
written law to enter upon part of a lot for the purposes of
exercising any power conferred on it, may enter upon any other
part of that lot if it is necessary to do so in order to exercise that
power.
Legal proceedings
50. Where this Ordinance provides for any sum to be
recoverable by any person or body including the management
corporation from any other persons or body, the sum may be
recoverable by an action for civil debt in any court of competent
jurisdiction.
Indemnity and protection against suit and proceedings

51.—(1) No officer exercising his powers or performing his
duties under this Ordinance shall be personally liable for any act or
default done or omitted to be done in good faith and without
negligence in the course of the exercise of such powers or the
performance of such duties.
(2) The Public Authorities Protection Act 1948 [Act 198],
shall apply to any action, suit, prosecution or proceedings against
the Minister or the Authority or any officer in respect of any act,
neglect or default done or committed by any of them in such
capacity.
48 CAP. 75
Amendment of Schedules
52. The Minister may, with the approval of the Majlis
Mesyuarat Kerajaan Negeri, by notification in the Gazette, amend
the Schedules.
Power to make rules

53. The Minister may, with the approval of the Majlis
Mesyuarat Kerajaan Negeri, make rules generally for carrying out
the provisions of this Ordinance and, in particular, such rules may
provide for—
(a) matters relating to the imposition of levies, fees,
rates or charges; and
(b) prescribing anything that may be, or is required to
be, prescribed under this Ordinance.
Repeal and Saving

54.—(1) The Strata Titles Ordinance, 1995 [Cap. 18], is
repealed.
(2) Nothing in subsection (1) shall affect the validity of
anything lawfully done under and in accordance with the
provisions of the repealed Ordinance.
(3) Any application for subdivision of a building or land
submitted by any person under the repealed Ordinance and
pending immediately before the date of commencement of this
Ordinance shall be deemed to have been made under this
Ordinance and for the purpose of considering any such application,
the Director may, impose new conditions in addition to or in
replacement of the conditions of approval under the repealed
Ordinance.
FIRST SCHEDULE
FORM A
(Section 14(2)(a))
SUBSIDIARY REGISTER INDEX
Division :
BOOK FOR TITLE No. :
Description of Land :
Area :
Name of Management Corporation :
Address for Service of Documents :
SUMMARY OF CONTENTS
Building/Provisional Purpose No. of Parcels Share Units/Provisional
Block/Land Parcel Share units
Building(s)
Provisional Block(s)
Land parcel(s):
Total Share Units/Provisional Share Units …………………………………………….
Total number of folio in Certified Strata Plan
Dated this day of

[Continuation sheet to be added as required]
50 CAP. 75
DETAILED INDEX
SHEET NO.
Building/ List of parcels
Provisional List of Storeys in each Share Units of each
Block/Land in each Building building/land Parcel/Provisional Remarks
Parcel area of each Block/Land Parcel
parcel
Building(s):
Provisional
Block(s)
Land Parcel(s):

Page No: 1/1 Note: Page No to be put in the event the information cannot fit in one page. Must be
continuous and comply with this format of form.
LIST OF ACCESSORY PARCELS

Parcel to which Accessory Parcel is
Accessory Parcel Location of Accessory Parcel
Appurtenant

Page No: 1/1 Note: Page No to be put in the event the information cannot fit in one page. Must be continuous and comply with this
format of form.
Dated this day of
Registrar/Asst. Registrar
52 CAP. 75
FORM B
(Section 14(2)(b))
SUBSIDIARY REGISTER STATEMENT
BOOK FOR TITLE NO:
The appended schedule contains all those memorials, endorsements,

and other entries, appearing this day in the register document of the above title,
which relate to matters capable of affecting any of the parcels from this day held
by title subsidiary thereto, not being matters capable of affecting one only of
these parcels.
Dated this day of
SCHEDULE
FORM C
(Section 15(2)(a))
REGISTER DOCUMENT OF SUBSIDIARY TITLE

(Section 15(2)(a))
By virtue of this title the registered proprietor shall have the rights and obligations to his individual
parcel as provided under Part IV of Strata (Subsidiary Titles) Ordinance, 2019 [Cap. 75/2019].
BUILDING TOWER STOREY MEZZANINE
LOT NO. PARCEL NO.
NO. NO. NO. NO.
NAME(S) OF
PROPRIETOR(S)
Description of Land/Building
Parcel
Expiry
Term Of Lease
Date
Share units of the parcel
Permitted Usage
Accessory parcel
Total share units of all parcels on
the Lot
Certified Strata Plan
RESTRICTIONS AND SPECIAL CONDITIONS
(including any modification of implied conditions and restrictions)
Dated this day of
54 CAP. 75
Signature of Registrar/Asst.
Encumbrances, Limitation, Annotation & Etc.
Registrar
FORM D
(Section 15(2)(b))
ISSUE DOCUMENT OF SUBSIDIARY TITLE

(Section 15(2)(b))
By virtue of this title the registered proprietor shall have the rights and obligations to his
individual parcel as provided under Part IV of Strata (Subsidiary Titles) Ordinance, 2019 [Cap.
75/2019].
BUILDING TOWER STOREY MEZZANINE
LOT NO. PARCEL NO.
NO. NO. NO. NO.
NAME(S) OF
PROPRIETOR(S)
Description of Land/Building
Parcel
Expiry
Term Of Lease
Date
Permitted Usage
Accessory parcel
the Lot
Dated this day of
56 CAP. 75
Registrar
FORM E
(Section 15(2)(a))
REGISTER DOCUMENT OF SUBSIDIARY TITLE OF PROVISIONAL BLOCK

(DEALINGS PROHIBITED)
(Section 15(2)(a))
By virtue of this title the registered proprietor shall have the rights and obligations to his individual
parcel as provided under Part IVof Strata (Subsidiary Titles) Ordinance, 2019 [Cap. 75/2019].
LOT NO. BUILDING NO.
NAME(S) OF
PROPRIETOR(S)
Description of Provisional Block

Expiry
Term Of Lease
Date
Permitted usage
Accessory parcel
Total share units of all parcels on the Lot
Dated this day of
58 CAP. 75
Registrar
FORM F
(Section 15(2)(b)
ISSUE DOCUMENT OF SUBSIDIARY TITLE OF PROVISIONAL BLOCK

(DEALINGS PROHIBITED)
(Section 15(2)(b))
By virtue of this title the registered proprietor shall have the rights and obligations to his
individual parcel as provided under Part IV of Strata (Subsidiary Titles) Ordinance, 2019 [Cap.
75/2019].
LOT NO. BUILDING NO.
NAME(S) OF
PROPRIETOR(S)
Description of Provisional Block

Expiry
Term Of Lease
Date
Permitted Usage
Accessory parcel
the Lot
Dated this day of
60 CAP. 75
Registrar
SECOND SCHEDULE
(Sections 15(2) and 29)
DIVISION AND AMALGAMATION OF PARCELS
Interpretation
1. In this Schedule—
“affected”, in relation to a parcel, means affected or intended to be

affected by a division or amalgamation;
“amalgamation” means an amalgamation of parcels;
“application” means an application under paragraph 4;
“division” means a division of a parcel;
“new”, in relation to a parcel, means resulting or intended to result
from a division or an amalgamation;
“storey” has the same meaning as in Part I.
Parcel or parcels capable of being divided or amalgamated
2.—(1) A subsidiary proprietor—
(a) may divide his parcel into two or more new parcels, each to be
held by him under a separate subsidiary title; or
(b) who holds two or more contiguous parcels may amalgamate them
to form one parcel, to be held by him under a single subsidiary title.
(2) For the purpose of this paragraph, any two or more parcels shall be
taken to be contiguous if each of them shares at least one boundary (including a
boundary which consists of a floor or a ceiling) with another of them.
Conditions for approval of division or amalgamation

3. The Director shall approve a division or amalgamation if the
following conditions are satisfied:
(a) A division of parcel or an amalgamation of parcels which
required planning permission pursuant to Part X of the Land Code [Cap.
81 (1958 Ed.)] where necessary has been obtained;
(b) On a division, that the number of share units of each parcel shall
be a whole number allotted by the proprietor of the divided parcel. And
that the total number of share units of all the new parcels shall be equal to
the number of share units of the divided parcel;
62 CAP. 75
(c) On an amalgamation, that the number of share units of the

new parcel shall be a number equal to the total number of share units of
the amalgamated parcels;
(d) that the division or amalgamation would not contravene any
restriction in interest to which any of the affected parcels is subject;
(e) that the division or amalgamation would not be contrary to the
provisions of any written law for the time being in force, and that any
requirement imposed with respect to the division or amalgamation by or
under any such law has been complied with;
(f) where an amalgamation is proposed, the new parcel will have
adequate internal means of communication not passing through the
common property;
(g) where a division is proposed, each new parcel will have
adequate means of access not passing through another parcel;
(h) that no item of land revenue is outstanding in respect of any
affected parcel;
(i) where the division of a parcel or the amalgamation of two or
more parcels results in the creation of any additional or new common
property, the subsidiary proprietor shall obtain the approval from the
management corporation pursuant to a comprehensive resolution
conducted in accordance with Strata Management Ordinance, 2019 [Cap.
76/2019]; or
(j) that every person who, at the time when the approval was
applied for, was entitled to the benefit of—
(i) a charge of an affected parcel; or
(ii) a sublease of an affected parcel or any part thereof,
other than (in the case of a division) a part corresponding precisely
with or included within one of the new parcels; or
(iii) a charge of such a sublease,
has consented in writing to the making of the application.
Application for approval

4.—(1) Any application for the approval of the Director to a division
or amalgamation shall be made in writing and accompanied by—
(a) such fee as may be prescribed;
(b) a strata subdivision plan comprising an index plan, storey plan

or delineation plan, as the case may be, in triplicate duly certified by a land
surveyor as required under section 6(1)(b) and containing such details as

are specified in section 6, sufficient to indicate to the Superintendent all
the details of the division or amalgamation, together with such number of
copies of the plan as may be prescribed or, in the absence of any such
prescription, as the Superintendent may require;
(c) a statement of the number of share units of the new parcel or
parcels;
(d) all such written consents to the making of the application as are
required under paragraph 3(j);
(e) approved building plan and any approved amendments thereto
under the Buildings Ordinance, 1994 [Cap. 8] in triplicate; and
(d) contain such other details as the Superintendent may require.
(2) Upon receiving an application, the Superintendent, if satisfied that it
is in order, shall transmit the same to the Director and simultaneously forward a
copy thereof to the Registrar who shall cause a note of the making of the
application to be endorsed on the register document of subsidiary title to each
affected parcel.
Action by Superintendent after approval

5.—(1) On an application submitted under paragraph 4, the Director—
(a) if it appears to him that the conditions specified in paragraph 3
are satisfied shall approve the division or amalgamation to which the
application relates; or
(b) in any other case, shall reject the application:
Provided that, where the application includes a proposal for an
amalgamation which involves the creation of a new parcel extending
beyond the limits of a storey, the Director shall, notwithstanding anything
in this subparagraph, reject the application unless in his opinion the
proposal is warranted by the special circumstances of the case.
(2) Where the Director approves an application, he shall notify the

Superintendent who shall—
(a) inform the applicant and the Registrar;
(b) carry out or cause to be carried out by a land surveyor such
survey of the affected parcel or parcels as he considers desirable; and
(c) prepare or cause to be prepared by a land surveyor and file in his
office, in place of the certified strata plan prepared for the building under
section 10, a new certified strata plan which shall incorporate the changes
64 CAP. 75
made by the division or amalgamation and shall otherwise be prepared in

the same way as the plan prepared under that section.
(3) Upon approval of new certified strata plan, the plans shall be filed
pursuant to section 11.
(4) Where the Director rejects an application, he shall notify the
applicant and the Registrar who shall cause to be cancelled the note of the
application endorsed on the register document of subsidiary title under
paragraph 4(2).
Modification of subsidiary register and issue of new documents of

subsidiary title
6.—(1) Upon filing of the new certified strata plan under Section 11, and
being satisfied that the fees chargeable in connection with the preparation and
registration of documents of subsidiary title have been paid, the Superintendent
shall require the Registrar to take action as specified in subsection (2).
(2) The Registrar shall—

(a) replace the copy of the certified strata plan in the relevant book
of the subsidiary register with the copy of the new certified strata plan
prepared under paragraph 5(2) for his retention;
(b) make such other alterations in the relevant book of the
subsidiary register as are necessary to take account of the changes made by
the division or amalgamation; and
(c) issue new documents of subsidiary title to the new parcel or
parcels.
THIRD SCHEDULE
(Section 31)
EFFECT OF ACQUISITION OF SUBDIVIDED BUILDING

OR LAND
Interpretation
1. In this Schedule, unless the context otherwise requires—
“former proprietor” means a person who, or a body which,

immediately before taking of formal possession of the whole or part of the
subdivided building or land, is the proprietor of a parcel in the building or
land or of a provisional block on the land on which the building is situated.
Acquisition of the whole lot with subdivided building or land
2. In the case where the whole lot with subdivided building or land is
acquired under Part IV of the Land Code [Cap. 81 (1958 Ed.)]—
(a) the management corporation shall liquidate any assets and
distribute any profits to the former proprietors proportionately based on the
share units or provisional share units which they held immediately before
the taking of formal possession;
(b) the management corporation shall determine the reasonable
period for the management corporation to continue in existence to settle its
affairs;
(c) the management corporation shall continue in existence for so
long as it is reasonably necessary to settle its affairs and shall then cease to
exist;
(d) the management corporation shall inform the Registrar the date
that the management corporation shall cease to exist; and
(e) the Registrar shall cancel the relevant book of the subsidiary
register.
Acquisition of part of the lot with subdivided building or land
3. In the case where part of the lot (including subdivided building or

land) is acquired under Part IV of the Land Code [Cap. 81 (1958 Ed.)]—
(a) the subsisting documents of subsidiary title which relate to the

parcel or provisional block not acquired shall be retained and continued to
be in force;
66 CAP. 75
(b) the Registrar shall endorse the title in continuation of the lot and
other relevant entries in the relevant subsidiary register;
(c) a new certified strata plan shall be prepared pursuant to section
10(2) for the parcel or provisional block not acquired and shall be inserted
in the relevant subsidiary register; and
(d) the Superintendent shall approve the new proposed share units,
if any, assigned to the parcel or provisional block not acquired, if
equitable, and the Registrar shall endorse the new approved share units in
the relevant subsidiary register.
Acquisition of common property

4. In the case where part of the lot involved only common property is
acquired under Part IV of the Land Code [Cap. 81 (1958 Ed.)]—
(a) the subsisting documents of subsidiary title which relate to

the parcel or provisional block not acquired, shall be retained and
continued to be in force;
(b) the Registrar shall endorse the title in continuation of the lot
and other relevant entries in the relevant subsidiary register; and
(c) the Superintendent shall endorse on the existing certified

strata plan—
(i) the title in continuation of the lot;
(ii) the new survey plan number of the lot; and
(iii) the new area of the lot.
Acquisition of parcel or provisional block

5.—(1) In the case where a parcel or provisional block is acquired under
Part IV of the Land Code [Cap. 81 (1958 Ed.)]—
(a) the affected documents of subsidiary title shall vest in the
statutory authority or client department, whichever is relevant, person or
corporation on whose behalf the parcel or provisional block has been
acquired; and
(b) the Registrar shall endorse other relevant entries in the
relevant subsidiary register;
(2) In the case where part of a parcel is acquired under Part IV of the
Land Code [Cap. 81 (1958 Ed.)], the provisions of Second Schedule shall be
applicable with modifications.
FOURTH SCHEDULE
(Section 12)
SHARE UNIT ENTITLEMENT
Interpretation
1. In this Schedule—
“strata scheme” means building or land or both has been subdivided

pursuant to Part II of this Ordinance and management corporation has been
established under Part V of this Ordinance.
Criteria for deciding principle of share unit for the parcels
2. A parcel of a strata scheme established after the commencement of this

Ordinance, shall be assigned with a share unit.
3. Criteria for deciding share unit entitlements for a strata scheme shall
be consistent with either—
(a) the equality principle; or

(b) the relativity principle.
4. The equality principle for deciding share unit for the parcels included
in a strata scheme is the principle that the share units must be equal, except to
the extent to which it is just and equitable in the circumstances for them not to
be equal, regard must be had to—
(a) how the strata scheme is structured; and
(b) the nature, features and characteristics of the parcels included
in the scheme; and
(c) the purposes for which the parcels are used.
5. The relativity principle for deciding share unit for the parcels included
in a strata scheme is the principle that the share units must clearly demonstrate
the relationship between the parcels by reference to 1 or more particular relevant
factors.
6. A relevant factor for subsection (4) may, and may only, be any of the
following—
(a) how the strata scheme is structured;
(b) the nature, features and characteristics of the parcels;
(c) the purposes for which the parcels are used;
68 CAP. 75
(d) the impact the parcels may have on the costs of maintaining
the common property;
(e) the market values of the parcels.
DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUCHING, SARAWAK

BAGI PIHAK DAN DENGAN KUASA PERINTAH KERAJAAN SARAWAK

Sarawak Ord - Strata (Subsidiary Titles) Ord, 2019 Lawnet

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LAWS OF SARAWAK

ONLINE VERSION OF UPDATED

STRATA (SUBSIDIARY TITLES) ORDINANCE, 2019

Date Passed by Dewan Undangan

Date of Assent ... ... ... ... 28th November, 2019

Date of Publication in Gazette … ... 12th December, 2019

STRATA (SUBSIDIARY TITLES) ORDINANCE, 2019

4. Building or land capable of being subdivided into parcels

21. Establishment of the management corporation

29. Rights of subsidiary proprietor in his parcel and in common property

31. Procedure of taking formal possession of any subdivided building or

49. Power of entry by public or local authority

FIRST SCHEDULE — Forms

An Ordinance to make better provisions in the law relating to

Enacted by the Legislature of Sarawak—

Short title and commencement

Interpretation and construction

“approved strata subdivision plan” means a strata

(i) foundations, columns, beams,

includes a surveyor appointed under section 3 of the Land

any parcel or proposed parcel and necessary for the

“Register” has the same meaning assigned to it in the

“Superintendent” means the Superintendent of Lands and

Building or land capable of being subdivided into parcels

Circumstances where it is compulsory for proprietor to submit

5.—(1) The proprietor of any lot capable of being

(2) Notwithstanding subsection (1), the proprietor of any lot

Provided that upon application in writing by the proprietor, the

(b) in the case where the building is to be erected after

Procedure for strata subdivision plan approval

(iv) that each of the proposed parcels has—

(e) distinguish such parts of the ground as are not to be

Procedure for strata subdivision plan approval in the case of

(e) the proposed quantum of provisional share units for

(3) Upon receiving the application made under subsection

Approved building plans not available

nevertheless, that the building, as represented by the plans

Conditions for approval of strata subdivision plan

respect thereto by or under any such written law have been

Action after strata subdivision plan approval

(3) The certified strata plan prepared pursuant to subsection

Filing of certified strata plan

(a) the issue document of title to the lot has a remaining

Share units of parcels

Land Surveys) Rules, 2003 [Swk. L.N. 137/2003], or rules made

Preparation and maintenance of register of subsidiary title

Documents of subsidiary title

(b) the provisional block, if any.

Effect of opening book of subsidiary register

Procedure for strata subdivision plan approval

(3) Upon receiving any submission made under subsection

Conditions for approval of strata subdivision plan

Action after strata subdivision plan approval

(b) in any other case, reject the strata subdivision plan.

(2) Where he has approved the strata subdivision plan

(a) carry out or cause to be carried out by a land surveyor

(b) from the relevant approved strata subdivision plan,

requirements of section 10(3), and containing such details as

(3) Upon approval of the new certified strata plan, such