National Land Code, Land Acquisition Act, Strata Titles Act, Strata Management Act

26 Feb, 2018, Kuala Lumpur

FOCUSING ON
  • Session One – National Land Code
  • Session Two & Three – Land Acquisition Act
  • Session Four – Strata Management Act
OBJECTIVES

This One Day course will focus on four major statutes affecting real property in West Malaysia, all of which had been revamped in recent years and their impact only felt recently.

 

The National Land Council, in its 72nd meeting in April 2016 agreed that the National Land Code 1965 (NLC) and the Land Acquisition Act 1960 (LAA) be amended. The last time NLC was amended was in 2008 whilst the last time LAA was amended was in 1998.

 

The National Land Code (Amendment) Act 2016 was gazetted on 9 September 2016, referred to shortly as Act A1516, whilst the Land Acquisition (Amendment) Act 2016 was also gazetted on the same day, and referred to shortly as Act A1517.

 

The Strata Titles Act 1985 was amended by the Strata Titles (Amendment) Act 2013 (referred to shortly as Act A1450), which came into force on June 1, 2015. A new law known as the Strata Management Act 2013 (referred to shortly as Act 757) came into effect on the same day. Most recently, the Strata Titles (Amendment) Act 2016 (referred to shortly as Act A1518) came into effect on January 1, 2017.

 

Before Act A1450 and Act 757 came into force, management of strata properties was governed by the Building & Common Property (Management & Maintenance) Act 2007 (Act 663) and the Strata Titles Act 1985 (Act 318). In basic terms, Act 663 applies to strata properties before a Management Corporation comes into existence, whilst Act 318 applies only after a Management Corporation has been established. After Act A1450 and Act 757 came into force, some provisions of Act 318 ceased to have any effect whilst Act 663 was repealed in its entirety.

 

Act A1518 was enforced to give effect to the latest amendments of the National Land Code (Amendment) Act 2016 in regard to payment of rent for parcels.

WHO SHOULD ATTEND
  • Property Owners & Developers
  • Property Consultants
  • Property Managers
  • Bankers
  • Insurance Companies
  • Financiers
  • Valuers
  • Land Administration Managers
  • Investment Advisers
  • Development & Planning Managers
  • Town Planners
  • Project Co-ordinators
  • Contractors
  • Contract Managers & Executives
  • Contract Administrators
  • Architects
  • Engineers
  • Quantity Surveyors
  • Construction Managers
  • Legal Advisors
  • Lawyers
  • Project Managers
  • Government Ministries & Departments
  • Local Authorities
  • Media Practitioners
  • Academicians
METHODOLOGY

Interactive Lectures, Discussions and Practical Case studies on all relevant areas to ensure participants grasp clearly issues presented.

COURSE CONTENT
9:00 SESSION ONE – NATIONAL LAND CODE
  • Main elements of the Torrens System – strength and weakness
  • Recommendations & consultations by JKTPG to reform NLC
  • Main features of Act A1516 – lease renewal, stratum, rent of parcels, forfeiture of parcels
  • Future buildings – rise of spatium?
10:45 SESSION TWO & THREE – LAND ACQUISITION ACT
  • Right to property – Article 13 Federal Constitution
  • Permitted purposes of compulsory land acquisition
  • No right to pre-acquisition hearing
  • Section 4 Notification – can it really “freeze” land transactions?
  • Service of section 4 on landowner – mandatory or directory?
  • Effect of section 8 declaration – “conclusiveness” of the acquisition
  • Section 40D – Ultra vires the Federal Constitution?
  • Market value – can land owner claim “loss of profits”?
  • Challenging land acquisitions
  • Recent landmark decisions
  • Summary of recent amendments under Act A1517
1:00 Lunch

2:00

SESSION FOUR – STRATA MANAGEMENT ACT

  • Evolution of strata law – main features of Act A1450, Act 757
  • Housing Developer: rights and obligations (under Act 118, Act 318, Act 757)
  • JMB / MC: can they co-exist? rights and obligations
  • Parcel owner: rights and obligations, effect of default
  • By-laws / house rules
  • Strata Management Tribunal: jurisdiction, procedure
4.30 SESSION FIVE
  • Summing Up
  • Questions and Answers
5:00 End of Course

 

LEARN FROM THE BEST

PROF DATO’ SALLEH BUANG formerly served as a Federal Counsel in the Attorney-General’s Chambers, Kuala Lumpur (1970-75), before he left for private practice, then the corporate sector and finally the academia. He was the Deputy-Dean, Kulliyyah of Laws, and International Islamic university until 1990, when he went into full-time consulting.

Over the last 3 decades, he had conducted numerous workshops, seminars, corporate briefings and courses covering land law, housing development, construction law, joint ventures and planning law. Author of more than 25 books and monographs on a wide range of legal topics, he now writes for his weekly column in New straits Times, Utusan Malaysia and a news portal malaysiagazette.com.

Until 2013, he was a Visiting Professor at the Faculty of Geoinformation and Real estate, UTM, Johor. He is currently a Member of the Board of Trustees of the Kuala Lumpur Foundation to Criminalise War (KLFCW).

 

VENUE DETAILS

Seri Pacific Hotel
Jalan Putra
50350 Kuala Lumpur

Phone :03 4042 5555

 

IPA TRAINING IS REGISTERED WITH

 

CONTACT US

Juliany, 
O - 03 2283 6109,
M - 019 3134436
juliany@ipa.com.my 

Michelle, 
O - 03 2283 6100, 
M - 019 363 7822
michelle@ipa.com.my 

For Customised In-House Training
Yvonne,
O - 03 2283 6101, 
M - 012 2011247,

F - 03 2283 6108
 
yvonne@ipa.com.my
 

ADDRESS 

A-28-5, 28th Floor, 
Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my