ELEMENTS OF STRATA SCHEMES BY: AINUR ZAIREEN BINTI ZAINUDIN
objective ✘ The distinction between parcel, common property and accessory parcel ✘ demarcates which area of the scheme is for the exclusive use of a particular proprietor and which area is for the collective use of the parcels proprietors and it determines who is responsible for the management and maintenance of particular areas in the scheme. 2
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SECTION 4, ACT 318 ✘ PARCEL ○ in relation to a subdivided building, means one of the individual units comprised therein, which (except in the case of an accessory parcel) is held under separate strata title ■ A parcel means an individual unit within the subdivided building which can be issued with a separate strata title ○ in relation to a subdivided land, means one of the individual units of land parcel ■ A unit which comprised of a subdivided land where there is a building which is not more than 4 storeys high and it is held under 1 strata title 4
✘ The common boundary of a parcel with another parcel or with common property is taken to be the center of the floor, wall and ceiling unless provided otherwise in the relevant storey plans 5
6 Building subdivided into 6 parcels
✘ Land parcel: ○ A unit delineated within the lot in which is comprised a building of not more than four storeys (excluding shared basement) which is held under a strata title which may have shared basement, comprises accessory parcels and common property 7
8 Land which includes building within the demarcated boundary on the land with single strata title issued
✘ a floor area of a parcel includes the built-up areas of the bedrooms and their adjoining bedrooms, bathrooms, storerooms, living and dining spaces and their respective balconies (if any), internal passageways, kitchen and dry yard, so long as such built-up areas have adequate means of access not passing through another adjoining parcel and adequate means of internal communication not passing through the common property. 9
✘ ACCESSORY PARCEL ○ any parcel shown in a strata plan as an accessory parcel which is used or intended to be used in conjunction with a parcel 10 SECTION 4, ACT 318
11 Car parks as accessory parcels
✘ is shown in a strata plan as an accessory parcel which has to be accessorized to a particular strata parcel ✘ Cannot be dealt with independently and any dealings such as sale and purchase of the strata parcels must be inclusive of the accessory parcels accessorized to it ○ Cannot exist as a sole and independent unit of the built-up area without it being assigned and related to a particular strata parcel 12
✘ Eg: car park ○ Basement or upper storey or within multi-storey block – these kind of car parks can be bounded by external wall, internal floor and ceiling ○ Located outside the building – separated, one from the other, by boundary lines that are delineated. ✘ Upon the issuance of strata titles, the accessory parcels will be registered in the strata titles of the strata parcels and shown in the certified strata plan 13
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✘ COMMON PROPERTY ○ Means so much of the lot as is not comprised in any parcel (including any accessory parcel), or any provisional block as shown in a certified strata plan ■ Whatever area that has not been shown to be either strata parcels, accessory parcels or the provisional blocks is ‘common property’ ■ Is used or capable of being used or enjoyed in common by all the parcel owners ■ not for the exclusive use and enjoyment of a particular strata parcel owner 15
○ Will include building items such as ■ Lifts ■ Refuse chutes ■ Drains ■ Sewer ■ Pipes ■ Wires ■ Cables and ducts ■ Water tank ○ Including the external walls and roofs of the building with the lot under the master title ○ Including common facilities ■ Swimming pools ■ Squash courts ■ Gymnasium 16
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✘ PROVISIONAL BLOCK ○ In relation to a subdivided building, a block in respect of a building proposed to be, or in the course of being, erected on building or land, for which a separate provisional strata title is applied for; ■ in relation to a subdivided land, a block in respect of the proposed land parcels, for which a separate provisional strata title is applied for; ○ in relation to a certified strata plan, such a block shown therein, for which a provisional strata title is to be registered; and ○ in relation to a book of strata register, such a block shown therein, for which a provisional strata title has been registered 18
✘ A developer can develop upon his lot a number of blocks of high-rise buildings in phases ○ After the 1st block is completed the developer has to apply for the subdivision of building for issuance of strata titles for the completed block(s) ○ If there are other block(s) to be erected or has been erected but not completed upon the same lot, at the time he applies for the strata titles for these completed blocks, he has to apply for provisional strata titles for the uncompleted blocks. ○ In relation to a proposed strata plan, upon application the location of the blocks must be shown on the plan ○ Failure to show the location of the provisional blocks, the developer will lose his rights to further develop the lot for the phased development. 19
20 Uncompleted buildings upon the same lot
21 pembeli pembeli Pemaju/pemilik tanah asal
✘ MANAGEMENT CORPORATION ○ in relation to any subdivided building or land shown in a certified strata plan, means the management corporation established under section 17 Act 318 22
23 TYPES OF STRATA SCHEME
thanks! Any questions? 25