Ongoing Struggles for Sabah Homebuyers: The Persistent Delay in Issuing Property Titles

Fifteen years after the Daily Express highlighted the plight of Sabah house buyers in August 2009, the question remains: has the situation improved? Are property buyers now receiving their titles within months of moving in, as seen in places like Singapore? Unfortunately, the answer is a resounding no. The challenges persist, and for many, owning a home without a strata title remains a frustrating reality, with little hope for change in the coming years. Daily Express LINK

The case of Vistana Heights exemplifies this issue. Residents there seem unperturbed for now, but in 20 or 30 years, they may regret not holding authorities and developers accountable for the non-issuance of individual land titles. As discussed in my June 3, 2025, blog post, the process of obtaining titles is fraught with obstacles, many stemming from discrepancies in documentation and unfulfilled developer obligations.

Key Issues in Title Issuance LINK

Submission of Required Documents

Developers must submit critical documents to the Land and Survey Department, including:  Approved Subdivision Plan: Prepared by a licensed surveyor, this plan outlines subdivided lots, boundaries, and infrastructure such as roads and drainage reserves. 

As-Built Survey: This survey verifies that construction aligns with approved plans, documenting roads, drainage, and utilities.

 

In Vistana Heights, a significant issue arises with the as-built survey. While it reflects the approved plans from 1995, 2011, and 2018, it fails to account for on-site conditions, such as the collapsed drainage reserve behind houses D17 to D18. This discrepancy undermines the survey’s accuracy, delaying title issuance until rectified.

Approval by Land and Survey Department

The Land and Survey Department reviews the subdivision application to ensure compliance with approved plans and infrastructure requirements. Only upon approval are individual titles issued. However, discrepancies like the collapsed drainage reserve in Vistana Heights can lead to rejections or prolonged delays.

Developer’s Obligations

Under Clause P of the Vistana Heights sale and purchase agreement, the developer is contractually obligated to deliver individual land titles. This requires completing the subdivision process and meeting all regulatory standards, including resolving issues like the collapsed drainage reserve. Failure to do so leaves homeowners in limbo.

 

Challenges and Implications

Documentation Discrepancies:

The inaccurate as-built survey in Vistana Heights raises doubts about the reliability of the amended development plan. Such inconsistencies can stall or derail title applications. 

Legal and Financial Risks: Without individual titles, homeowners lack full legal ownership, face challenges in selling their properties, and may struggle to secure loans. 

Developer Accountability: If developers fail to address issues like infrastructure defects or comply with DBKK (Kota Kinabalu City Hall) requirements, homeowners may need to resort to legal action to enforce their rights under Clause P.

 

Conclusion

The struggle for Sabah home buyers to secure property titles remains unresolved, echoing the frustrations reported in 2009. For Vistana Heights residents, the collapsed drainage reserve and discrepancies in documentation highlight systemic issues in the title issuance process. Until developers and authorities address these challenges, homeowners will continue to face uncertainty, underscoring the need for greater accountability and reform in Sabah’s property sector.