Asked by Anonymous
Buying a apartment without strata titles is dangerous?
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2 Answers
Not at all, its still govern by our local authorities. For futher disccussion can contact me at 0169000962
. AliffSani
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I extracted part of an article by a lawyer in regards to strata title issuance and perfection which I told will be useful for your perspective.
"Previously, it is a norm for owners of strata properties to take up to several years to obtain their strata titles. According to Siow, the enforcement of the Strata Titles (Amendment) Act 2013 and Strata Management Act 2013, enunciated that strata titles need to be issued upon vacant possession of the property. As a consequence, prolonged delay in issuance of strata titles should no longer be the case today. All projects approved after the enforcement of the amended Act in June 2015 are now subjected to the amended Act whereby the Act expressly safeguard the rights of the strata owners and buyers by stipulating vacant possession with strata title. Albeit, it is a long journey for those unlucky house buyers of older strata projects, where this issue has yet to be resolved. Below are the simplified steps on how to get your strata titles:"
Scenario A
Developer yet to transfer strata title to house buyers
1/ Buyer needs to check with the Land Office if the developer has actually applied for the strata title
2/ In the event that the developer has applied for the strata title, buyer or lawyer (appointed on behalf of the buyer) shall inquire the developer on the transfer of strata title
3/ Developer informs the buyer that strata titles are out
4/ Buyer appoints a lawyer to draft Form 14A memorandum of transfer to the Land Office to transfer title from the developer’s name to the buyer
5/ Lawyer writes to the developer for the necessary information once documents are signed
6/ Lawyer applies for stamp duty with Lembaga Hasil Dalam Negeri (LHDN)
7/ Buyer pays the stamp duty
8/ Lawyer compiles the necessary documents and presents to Land Office to transfer the name
Scenario B
Developer yet to apply for strata title in the first place
1/ Buyer needs to check with the Land Office if the developer has actually applied for the strata t Read More
"Previously, it is a norm for owners of strata properties to take up to several years to obtain their strata titles. According to Siow, the enforcement of the Strata Titles (Amendment) Act 2013 and Strata Management Act 2013, enunciated that strata titles need to be issued upon vacant possession of the property. As a consequence, prolonged delay in issuance of strata titles should no longer be the case today. All projects approved after the enforcement of the amended Act in June 2015 are now subjected to the amended Act whereby the Act expressly safeguard the rights of the strata owners and buyers by stipulating vacant possession with strata title. Albeit, it is a long journey for those unlucky house buyers of older strata projects, where this issue has yet to be resolved. Below are the simplified steps on how to get your strata titles:"
Scenario A
Developer yet to transfer strata title to house buyers
1/ Buyer needs to check with the Land Office if the developer has actually applied for the strata title
2/ In the event that the developer has applied for the strata title, buyer or lawyer (appointed on behalf of the buyer) shall inquire the developer on the transfer of strata title
3/ Developer informs the buyer that strata titles are out
4/ Buyer appoints a lawyer to draft Form 14A memorandum of transfer to the Land Office to transfer title from the developer’s name to the buyer
5/ Lawyer writes to the developer for the necessary information once documents are signed
6/ Lawyer applies for stamp duty with Lembaga Hasil Dalam Negeri (LHDN)
7/ Buyer pays the stamp duty
8/ Lawyer compiles the necessary documents and presents to Land Office to transfer the name
Scenario B
Developer yet to apply for strata title in the first place
1/ Buyer needs to check with the Land Office if the developer has actually applied for the strata t Read More