By Farah Wahida:
The law requires property developers to provide homebuyers with legal documents including the approved layout plan (to be annexed as the First Schedule) and the approved building plan (to be annexed as the Second Schedule), according to the National House Buyers Association (HBA).
For stratified properties, developers must disclose the approved site plan, layout plan, the parcel’s floor plan, the building’s storey plan, the accessory parcel plan and the common facilities plan as well as the approved building plan. The last one will be annexed as the Second Schedule, while the rest will be collectively annexed as the First Schedule.
These approved drawings needs to be part of the contract obligation and condition because the court uses them as a basis in settling dispute arising from deviations in the completed projects, said HBA’s Honorary Secretary-General l Chang Kim Loong.
He explained that when people buy a home or a strata unit, they are not just buying a property, but also a concept. This means that “its surrounding environments such as open parks/field, green lungs, community hall and clubhouse, i.e. all common property and facilities are actually an inseparable part of the neighbourhood you bought.”
This is where the plans come in, as they indicate whether these open spaces are land reserved for future projects or common property to be enjoyed by all residents.
Info that should be contained in the layout plans include ‘density’, or the number of unit that will be constructed for a project. Notably, “the developer is not allowed to build extra units even if there is ample land left in the scheme.”
The plan should also include zoning because if the site is purely a residential area, the developer is not allowed to build office or commercial units, unless that area has been converted into a mix-use site by the authorities.
Finally, the plan should contain designations for the open and green spaces. If the space is intended for public use, they cannot be used for an office tower or another condominium block.
Similarly, if these areas are designated as communal park and green lungs or for infrastructure such as roads and drains, they cannot be developed for other purposes. However, if they are earmarked for ‘future development’ then the developer has the right to do so.
Farah Wahida, Editor of PropertyGuru, wrote this story. To contact her about this or other stories email farahwahida@propertyguru.com.my
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