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PROPERTY LAW – STRATA TITLE – APPLICATION

My strata property is still under master title and the developer has wound up. Who will be responsible to subdivide the master title into strata title and what can I do?
Generally, developer must apply for subdivision of the building into strata title for the purchaser.

However, if a developer is wound up, you may contact the official receiver or liquidator of the developer for issuance of strata title.

Q: When should the developer apply for subdivision and strata title of the property?
The application for strata title should be made by your developer :

  1. 6 months after the completion date if the sale and purchase agreement is signed before the complete date of the property.
  2. 6 months after the first unit sold if the sale and purchase agreement is signed after the completion date of the property.

~ S.8(2) of Strata Titles Act 1985,

Q: Can there be extension?
Yes. The developer is allowed to apply for extension of time to apply for strata titles and their application may be allowed once for 3 months.

~ 8(4) of Strata Titles Act 1985,

If they continue to delay with the application, you may bring legal action against them.

Q: What can I do if the developer has failed to apply for strata title or if the liquidator is not cooperative to undertake their responsibility?
You may commence a legal action to compel the liquidator to apply for subdivision of the building to obtain your strata title.

 Developer who failed to apply for strata titles on behalf of the unit owner can be fined RM10,000 to RM 100,000 or imprisonment not exceeding 3 years.

~ S.8(7) Strata Titles Act 1985:

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