No reason anymore to delay issue of strata titles

WITH the Strata Management Act 2013 (SMA 2013) and the Housing Development (Control and Licensing) (Amendment) Act 2012 (HDA) enforced on June 1, 2015, there should no longer be any developments completed prior to that date without strata titles. Act 318 applies to all kinds of properties, whether housing or commercial.

With the statutory provisions that govern the execution, completion and registration of transfer of strata titles and penal sanctions for contravention, there should not be any more excuses to pander to errant developers and their directors.

The National House Buyers Association (HBA) advised via an article dated Nov 28, 2015 that under the revised definition of “developer” (which includes liquidators under the HDA and SMA), the developer, including the liquidator for existing buildings, must apply for strata titles within three months after the enforcement date to avoid being prosecuted.

Failure to deliver a strata title to the property buyer, the basic document of ownership, is a black mark in the national administration of property and land matters, especially since it has been 33 years since the Strata Title Act 1985 was passed.

We all are aware that the law is only as good as its enforcement.

Hence, in Malaysia Baharu where the rule of law is promised, the Housing and Local Government Ministry together with the Land Offices should make this a key KPI and take proactive steps to boost the confidence of property buyers and the market.

In this respect, the Commissioner of Buildings (COB), which are already empowered by the SMA 2013, should now move without fear or favour in enforcing the law against offending developers, be they big or small players.