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Subdivision of land Malaysia
The process of planning and control of development of land uses in Malaysia, now, is primarily exercised by the local and state authorities. In Malaysia the major land legislative procedures include conversion, subdivision, partition and amalgamation. Subdivision of land in Malaysia is a crucial legal planning procedure which includes breaking up of an alienated land held under a final title. This process regulates a proprietor of any alienated land held under Registry of Land Office title to hold two or more portions of the land under separate titles, in the event that the land has been sub-divided and held under the final title (as stated in section 135 of the National Land Code).
According to the Malaysian land management viewpoint, area growth in Malaysia essentially implies the change of unique use of any alienated area that effects its restriction in interest, other conditions, and type of land use in contrast to what has been earlier accepted by the State Power upon drawback. Remarkably, area growth is no where mentioned under the National Land Code (NLC) which is the regulating rule for land management in Malaysia.
The process of subdividing land needs the acceptance of both the regional Authorities and appropriate resources such as the water power. For the proprietors who are not knowledgeable in submitting a DA (Development Applicant), it may be worth considering professional guidance and support in working with the variety of rules and specifications of regional local authorities. Each council, although having identical obligations in controlling development acceptance, have their own procedures and circumstances in accepting application for the sub-division as well as development.
Approval of subdivision of land demands:-
- An environment free from restriction in interest to which the land is subject
- A situation unopposed to any written law in force
- Obtaining any necessary approval of planning authority and State Authority for the development area
- No outstanding item of land revenue
- A suitable means of access to be had as of right from such portions of a road, river, a part of the foreshore or a railway station, or to a position within the land from which such a means of access is available.
Application for land sub-division in Malaysia must be submitted in writing to the Land Administrator, accompanied by the prescribed fee, a plan of land which includes details of sub-division and consent from other authority such as a person or body having an interest in the land. A certified Land Surveyor is typically necessary to get ready the plan for the sub-division and other details needed for planning subdivision program and for the documentation procedure under the Subdivision Act 1988.
The subdivision procedure is completed in four primary levels and must be performed in this order:
- A permission for planning is needed for the subdivision under the conditions of the Council
- Certification of the sub-division plan, which grants the subdivision under the Subdivision Act 1988;
- Obtaining a Declaration of conventionality, which is the crucial approval enlightening that all specifications have been met;
- Lodgment of the records at “Land Victoria’, which lets new issued title document for each block designed under this sub-division.
Throughout the subdivision procedure there are a variety of charges needed. Fees consist of, but are not restricted to:
- Fees for Planning Permit Application;
- Fees for certification application;
- Open area contributions;
- Service power charges and / or costs;
- Land Victoria charges for lodgment of Qualified Plans;
- Works guidance fees;
- Maintenance of the task bonds; and,
- Professional charges for proper parties (e.g. certified area surveyor).
Approval of the application for land sub-division, as stated in the National Land Code, lies solely in the hands of Land Authority. With the approval of the State Commissioner or Land Administrator, the proprietor was entitled to the benefit of:
- A charge over the land, or
- A lease over the whole or any part of the land, or
- A charge of such lease over the whole or any part of the land, or
- A lien over the land or any such lease, necessary -Section 136 (e)
Therefore, in these situations where the land is selected or acquired for the objective of developments in its status of agriculture, the program for the transformation (to developing or industrial status), sub-division of area, wherever appropriate, must be acquired first before any real growth is taking place.
Techniques for assuring that the agreement of the block of land or developments thereon shall comply with the current zoning at the time of recordation and that roads, or rights-of-way, surrounding or within divided land shall be of such sizes and qualities and in such places as may be considered necessary to provide potential traffic, that satisfactory easement or rights-of-way shall be offered for water-flow and drainage and resources that area which might represent a trouble to protection, health or common well being shall be safe for the objective for which it is divided, and that adequate condition for the supply water is made.
The legislative development procedure of land sub-division is very simple and convenient. It is based on well documented and easily comprehensible legislations of the National Land Cod and the State Land Rules. However, land in Malaysia is a state matter and is not subjected to a common national policy. And hence land policy in the country witnesses diversity.