Akta Hakmilik Strata 1985
Applies to: Federal Act — see s 2 (Application) · Official text ↗
- Defines key terms such as 'parcel', 'common property', 'provisional block', and 'management corporation' (s 4).
- Mandates that original proprietors must apply for subdivision within specific timeframes after selling a parcel or upon building completion (s 8).
- Requires proprietors of provisional strata titles to apply for full strata titles within set periods after sales or completion (s 20).
- Establishes that rent for parcels is a debt due to the State Authority and can be recovered through legal action (s 23B).
- Allows for the forfeiture of a parcel or provisional block to the State Authority if demanded sums are not paid (s 23H).
- Grants proprietors rights over their parcel and common property, while restricting the independent disposal of accessory parcels (s 34).
- Determines that share units dictate voting rights and the proportion of contributions payable to the management corporation (s 36).
- Provides a process for terminating a subdivision if a building is destroyed, demolished, or owned by a single proprietor (s 57).
What this law is
The Strata Titles Act 1985 (Akta Hakmilik Strata 1985) is numbered Act 318 in the Laws of Malaysia. Where it applies is set out in section 2 (Application).
Its long title, as printed in the official text: An Act to facilitate the subdivision of building or land into parcels, the disposition of titles and the collection of rent and for purposes connected therewith.
Read every section, the amendment history and the official copy on our law library page for this Act.
How the Act is arranged
- Part I — Preliminary (ss 1–5)
- Part II — Application for subdivision of a building or land (ss 6–14A)
- Part III — Registration of strata titles (ss 15–19A)
- Part IV — Provisional block: issuance of strata titles (ss 20–23)
- Part IVA — Collection of rent (ss 23A–23J)
- Part IVB — Forfeiture and vesting (ss 23K–23P)
- Part V — Subdivided buildings or land: division and amalgamation of parcels (ss 24–33A)
- Part VI — Rights and obligations attaching to individual parcels and provisional blocks (ss 34–38)
- Part VII — Management of a subdivided building ()
- Part VIII — Termination of subdivision of subdivided building or land (ss 56–57)
- Part VIIIA — Effect of acquisition of subdivided building or land (s 57A)
- Part IX — Provisions for low-cost buildings ()
- Part IXA — Strata titles board ()
- Part X — Miscellaneous (ss 68–85)
Part titles are from the official arrangement of sections.
Time limits in this Act
| What | Limit | Section |
|---|---|---|
| Apply for subdivision after sale/completion (original proprietor) | three months | s 8(2) |
| Apply for subdivision after certificate of proposed strata plan (original proprietor) | one month | s 8(3) |
| Extension of period for subdivision application (original proprietor) | one month | s 8(4) |
| Apply for subdivision after sale/completion (provisional title proprietor) | three months | s 20(2) |
| Apply for subdivision after certificate of proposed strata plan (provisional title proprietor) | one month | s 20(4) |
| Extension of period for subdivision application (provisional title proprietor) | one month | s 20(5) |
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Failure to apply for subdivision within the specified period (original proprietor) | fine of not less than ten thousand ringgit but not more than one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both and, in the case of a continuing offence, to a further fine of not less than one hundred ringgit but not more than one thousand ringgit for every day during which the offence continues to be committed | s 8(8) |
| Failure to apply for subdivision within the specified period (provisional title proprietor) | fine of not less than ten thousand ringgit but not more than one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both and, in the case of a continuing offence, to a further fine of not less than one hundred ringgit but not more than one thousand ringgit for every day during which the offence continues to be committed | s 20(9) |
Laws cited on this page
| Act 318 | Strata Titles Act 1985 Akta Hakmilik Strata 1985 | PDF · PDF (BM) · Official ↗ |
Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 2 | The Act applies only to Peninsular Malaysia, the Federal Territory of Putrajaya, and the Federal Territory of Labuan. |
| s 4 | This section defines key terms used in the Act, including 'parcel', 'common property', 'provisional block', and 'management corporation'. |
| s 8 | Original proprietors must apply for subdivision within three months of specific events (like sale or completion) or one month after receiving a certificate of proposed strata plan, failing which they commit an offence. |
| s 14 | Once documents are received from the Director of Survey and fees are paid, the Director directs the Registrar to open the strata register and issue strata titles. |
| s 18 | Every parcel must have a share value approved by the Director, expressed in whole numbers known as share units. |
| s 20 | Proprietors of provisional strata titles must apply for full subdivision within three months of sale or completion, or one month after receiving a certificate of proposed strata plan, or they commit an offence. |
| s 23B | Rent payable for each parcel or provisional block is a debt due to the State Authority and can be recovered by legal action under the National Land Code. |
| s 23H | If a demanded sum is not paid within the period stated in Form 11, the Land Administrator can declare the parcel or provisional block forfeited to the State Authority. |
| s 34 | Proprietors have powers over their parcel similar to land owners and rights of user over common property, but cannot dispose of accessory parcels or common property rights independently of the parcel. |
| s 36 | Share units determine the voting rights of proprietors and the proportion of contributions they must pay to the management corporation. |
| s 57 | A subdivision can be terminated if a building is destroyed, demolished, or owned by one person, after which the management corporation becomes the proprietor of the lot as trustee for former proprietors. |
| s 74 | Offences under this Act can be tried by a Magistrate’s Court, which has the power to impose the maximum penalty provided for by the Act. |
Worked examples
Facts. Teck, the original proprietor of a completed apartment block in Kuala Lumpur, sold a unit after the Act came into force but did not apply for subdivision within three months, and did not get an extension.
The law. An original proprietor who has sold or agreed to sell a parcel must apply for subdivision within the period in s 8(2) — generally three months from the relevant date (s 8(1)–(2)). The period may be extended once, by up to one month, on an application made before it expires (s 8(4)). If no application is made in time, the original proprietor is guilty of an offence (s 8(7)).
Outcome. Teck is liable on conviction to a fine of not less than RM10,000 and not more than RM100,000, or imprisonment of up to three years, or both, with a further daily fine for a continuing offence; the court may also order him to apply within a set period (s 8(8)).
Facts. Siti owns a parcel in a strata building in Putrajaya. She fails to pay the demanded rent sum within the period stated in Form 11.
The law. Under s 23H(2), if the whole sum is not paid at the expiration of the period stated in Form 11, the Land Administrator can declare the parcel forfeited to the State Authority.
Outcome. Siti's parcel is declared forfeited to the State Authority and vested in a statutory authority to hold it on behalf of the State Authority (s 23H(2)).
Facts. A strata building in Labuan is totally destroyed by fire. The management corporation passes a unanimous resolution to terminate the subdivision.
The law. Under s 57(1), if a building is totally destroyed, the management corporation may be directed by unanimous resolution to terminate the subdivision. Under s 57(3), the subdivision is terminated and the management corporation becomes the proprietor of the lot as trustee.
Outcome. The subdivision is terminated, the former proprietors cease to be proprietors of parcels, and the management corporation becomes the proprietor of the lot as trustee for the former proprietors (s 57(3)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Where does this Act apply?
Only in Peninsular Malaysia, the Federal Territory of Putrajaya and the Federal Territory of Labuan (s 2).
How long do I have to apply for strata titles after selling a unit?
If you are the original proprietor, you must apply within three months of the date of issuance of the document certifying the super structure stage, or the date the building is completed, or the date of sale, whichever is later, depending on the specific circumstances (s 8(2)). If you are a proprietor of provisional strata title, similar three-month periods apply (s 20(2)).
Can I sell my parking space (accessory parcel) separately from my apartment?
No, rights in an accessory parcel cannot be dealt with or disposed of independently of the parcel to which it is appurtenant (s 34(2)). You must sell it together with the main parcel.
What happens if I don't pay my strata rent?
The rent is a debt due to the State Authority (s 23B). If you fail to pay the demanded sum within the period stated in Form 11, the Land Administrator can declare your parcel forfeited to the State Authority (s 23H(2)).
How are voting rights determined in a strata building?
Voting rights are determined by the share units of each parcel (s 36(a)). The value of each parcel, expressed in whole numbers as share units, dictates the voting power of the proprietor.
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Sources
Related
Strata Management Act 2013National Land Code (Revised 2020)Housing Development (Control and Licensing) Act 1966Renting and buying property