By Ling Hui
KUCHING, March 2: Owners of apartment, condominium and any high-rise units are now legally entitled to strata titles which must be applied by respective developers within the next three months.
This was effective since yesterday (March 1, 2022) when the Strata (Subsidiary Titles) Ordinance, 2019 was gazetted and came into force, as announced by Deputy Chief Minister and Minister of Public Health, Housing and Local Government Dato Sri Dr Sim Kui Hian in a social media post.
The new ordinance requires strata property developers to apply for strata titles for buyers of their property from the Land and Survey Deparment, but with reduced requirement.
Unlike before where occupation permits (OP) and land titles were compulsory documents for strata title applications, developers are now only required of the approved building plans.
Should there be any unprecedented delays within the first three months since March 1, developers are allowed to apply for another three months’ extension.
Developers failing to submit strata title applications for purchasers after the six-month period can and will be penalised.
Benchmarking against best practices in Singapore and the concept of gated and guarded community, the new ordinance also stated that strata titles can be issued to owners of strata landed property such as two to three-storey terrace houses, and not limited to only high-rises.
This guarantees the people’s home ownership of flats, apartments and condominiums especially when the strata living concept has become the trend in Sarawak.
Meanwhile, the new ordinance that replaced the Strata Titles Ordinance 1995 (Chapter 18) also requires developers to form joint committees within 12 months from issuance of OP to better manage and maintain the strata property.
From there, maintenance and sinking fund accounts must be created within 14 days by developers and to be reported to the Commissioner of Buildings (COB) before certificates are issued.
Should the developers fail to do that, buyers and owners of property can submit their complaints to COB whereby the COB would intervene to ensure developers carry out their responsibilities.
Deputy Minister of Public Health, Housing and Local Government Michael Tiang said this will ensure that strata buildings and its common facilities are always in a good state of repair and maintenance for the benefits of owners and tenants alike.
These laws, amongst many others stated in the latest ordinance, which were never specified previously are meant to secure the rights and privileges of buyers while protecting all stakeholders in strata development.
Processes have also been streamlined and improved for speedy issuance of parent and subsidiary titles while there are better provisions for enforcement and investigation powers of the ordinance.
The Strata (Subsidiary Titles) Ordinance, 2019 was tabled by Deputy Chief Minister Datuk Amar Awang Tengah Ali Hasan and passed unanimously in the Sarawak State Legislative Assembly (DUN) on Nov 4, 2019. — DayakDaily
