The issuance of individual land titles

 

The issuance of individual land titles in Malaysia, including in Kota Kinabalu under the purview of the Dewan Bandaraya Kota Kinabalu (DBKK) and the Sabah Land and Survey Department (Jabatan Tanah dan Ukur Sabah), is a critical step for homeowners to secure legal ownership of their property. This process typically follows the completion of a development project and the issuance of the Occupancy Certificate (OC). Below is an overview of the general procedure and requirements for issuing individual land titles, with specific reference to the context of Vistana Heights and similar developments.

General Procedure for Issuance of Individual Land Titles

Completion of Development and Issuance of Occupancy Certificate (OC):

The developer must complete the construction and infrastructure works (e.g., roads, drainage, utilities) as per the approved development plan.

The OC, issued by DBKK, confirms that the buildings are safe for occupation and comply with all regulations. This is often a prerequisite for applying for individual titles.

The Occupancy Certificate (OC) issued by DBKK in October 2019 for Vistana Heights was allegedly issued under questionable circumstances. The buildings are not safe for occupation and do not comply with all regulations.

 

Subdivision of Master Title:

Most housing developments start with a single master title held by the developer. To issue individual titles, the master title must be subdivided into smaller parcels for each unit (e.g., for individual houses or strata units in apartments).

The developer submits an application for subdivision to the Sabah Land and Survey Department, which oversees land matters in Sabah.

My email to the Director of Sabah L&S department was not responded to. You may read my email to the director of L&S here.

Submission of Required Documents:

The developer must provide the following to the Land and Survey Department:

Approved Subdivision Plan: A plan prepared by a licensed surveyor showing the subdivided lots, including boundaries and infrastructure like road and drainage reserves.

How is the developer going to show the drainage reserve that has collapsed? It is shown on the Developments plans dated 1995, 2011 and 2018. It is also on the as-built survey. But the drainage reserve has collapsed and is continuing to erode.

As-Built Survey: A survey confirming that the actual construction matches the approved plans, including infrastructure such as roads, drainage, and utilities.

This is my main contention. The as-built survey documents the actual state of a project after construction, capturing any changes or deviations from the original plans. This ensures an accurate representation of the finished project and its components. However, the as-built survey does not show what is actual on-site condition. It varies from the amended development plan. It also shows the drainage reserve that has collapsed.

Developer’s Undertaking: Documentation showing the developer’s commitment to transfer titles to homeowners, as per the sale and purchase agreement (e.g., Clause P in the Vistana Heights case).

How will the developer transfer the title when there are many discrepancies?

Infrastructure Compliance:

The development must include adequate infrastructure, such as:

Road Reserves: Designated areas for public roads, handed over to DBKK or the relevant authority.

Drainage Reserves: Areas set aside for drainage systems, which must be intact and functional (a key issue in Vistana Heights due to the collapsed drainage reserve).

Any discrepancies, such as the collapsed drainage reserve behind houses D17 to D18 in Vistana Heights, must be rectified before titles can be issued.

Approval by Land and Survey Department:

The Land and Survey Department reviews the subdivision application, verifies compliance with the approved plans, and ensures all infrastructure requirements are met.

If approved, the department issues individual titles for each subdivided lot.

Transfer of Titles to Homeowners:

Once individual titles are issued, the developer transfers them to homeowners as stipulated in the sale and purchase agreement.

This process involves legal documentation, typically handled by a lawyer, and may require homeowners to pay stamp duties or other fees.

Specific Requirements in the Context of Vistana Heights

Based on what I have discovered about Vistana Heights, the following issues and requirements are particularly relevant:

Resolution of Infrastructure Discrepancies:

The collapsed drainage reserve behind houses D17 to D18, inaccurately depicted as intact in the April 2019 as-built survey, must be addressed. The developer may need to:

Conduct remedial work to restore the drainage reserve.

Update the as-built survey to reflect the actual conditions.

Submit an amended development plan to DBKK and the Land and Survey Department.

Failure to resolve this discrepancy could delay or prevent the issuance of individual titles.

Compliance with Development Plans:

The development must align with the original 1995 plan and the amended 2018 plan. Any deviations, such as the collapsed drainage reserve, must be corrected to meet DBKK’s requirements.

Developer’s Obligations:

As per Clause P in the Vistana Heights sale and purchase agreement, the developer promised to deliver individual land titles. The developer must fulfill this obligation by completing the subdivision process and ensuring all regulatory requirements are met.

 

DBKK and Land and Survey Department Approval:

The Land and Survey Department will only issue individual titles after verifying that the subdivision plan is accurate and all conditions, including infrastructure provisions, are fulfilled.

Challenges and Considerations

Discrepancies in Documentation: In Vistana Heights, the inaccurate as-built survey raises concerns about the reliability of the amended development plan and other documentation. This could lead to delays or rejection of title applications.

Legal and Financial Security: Without individual titles, homeowners face risks such as limited legal ownership and difficulties in selling or securing loans for their properties.

Developer Accountability: If the developer fails to resolve issues like the collapsed drainage reserve or comply with DBKK requirements, homeowners may need to pursue legal action to enforce Clause P.