The responsibility to settle the land premium in Selangor lies solely with the developer.
Selangor housing and culture committee chairman Datuk Borhan Aman Shah
said this was stipulated under the development conditions as well as the sale and purchase agreement between the developer and the purchaser.
“A developer’s failure to comply may result in prosecution for breaching the sale and purchase agreement.
"Legal action may be taken under the Contracts Act 1950 (Act 136) and the Housing Development (Control and Licensing) Act 1966 (Act 118),” said Borhan at the Selangor State Assembly sitting at Bangunan Dewan Negeri Selangor in Shah Alam.
Borhan was responding to a question from Rajiv Rishyakaran (PH–Bukit Gasing) on what actions the Strata Title Resolution Task Force had taken against developers who failed to resolve strata title issues.
He said the state government had implemented the Selangor Strata Fund (DSS), which is monitored and supervised by the task force.
“The task force acts as a mediator to resolve land-related issues, prepare documentation and make recommendations, as well as intervention measures.
“The task force has identified several intervention methods including the implementation of DSS to assist with costs such as boundary surveys, building plans and professional fees required for the preparation of strata title documents."
In addition, the task force coordinates with related agencies to expedite technical processes and approvals involving the preparation of final building plans and strata plans.
“The task force also adopts a case-by-case approach, including allowing the joint management body (JMB) or management corporation (MC) to take over responsibilities should the developer fail to act,” Borhan said.
In cases where developers failed to settle the land premium — resulting in the non-issuance of land and strata title documents — the task force cannot carry out any form of “bailout”, he emphasised.
