Halangan permohonan hakmilik strata kategori bangunan khas

Abstract

At present strata scheme development is getting more and more attention due to its concept which has been developed by the optimization of land use as well as serving a lifestyle that offers various types of facilities in this particular development scheme. The growth of strata development scheme should be in harmony with the strata title rights. This is of course to make sure that these strata buyers have their absolute rights and also for this industry to grow in accordance to time. The Strata Title Act 1985 (Act 318) is a specific law which focuses on strata title within Peninsular Malaysia. Moreover, Act 318 also outlines that any building occupied before June 1996 until 11th April 2007 as a special building. In this scope of strata property development in the state of Perak, there are situations whereby landowners fail to apply for strata title for special building. This in turn leads to strata buyers who failed to have a strata title even though the strata building has long been built and occupied. Hence, this research aims to focus on two main objectives precisely to explore the procedure of applying strata title for special buildings and the obstacles present to apply for it in the state of Perak. This research involves the implementation of data collection through primary and secondary data. The acquisition of primary data is done through semi-structured interview from 10 respondents who were directly involved with the application of strata title. Whereas secondary data collection was done by analysing certain documents. From the results of the analysis there are 5 main difficulties to apply strata title for special building whereby developement is not in line with the express conditions on land, costly fees to pay for surveyors, exceeded building structures from its lot, additional premium to change an express condition on land and plan as built approval from local authorities (PBT). Furthermore, it can be concluded that there are 5 solutions to address the problem of strata title application for special building such as forming a special building committee, allocating special rates for surveyor work by land surveyors regarding special building, creating a circular to alter an express condition of special building, providing guidelines relating to preparation of as built plan certified by land surveyors and encouraging a joint involvement together with landowners or developers, land surveyors as well as strata buyers. This research also verifies several suggestions for improvement as a whole to strengthen the sustainability of land management. Lastly, the participation and joint action by all parties are vital to ensure strata title is in line with the increasing development of strata schemes hence making sure a dynamic development in the real estate industry.