Strata titles: Errant developers to face legal action 


Borhan says developers in Johor and Melaka have been fined for strata titles delays.

ACTION will be taken against errant developers in Selangor who fail to resolve strata title issues.

State housing and culture committee chairman Datuk Borhan Aman Shah said no ac­­tion had been taken so far against developers in Selangor, but Melaka and Johor had done so.

“We can take developers to court, with the land office’s help (PTG) for delay in applying for strata titles.

“We do not have any cases yet, but I have instructed for action to be taken if such instances arise.

“Johor and Melaka have imposed fines ranging from RM10,000 to RM100,000 on errant developers,” he said during the Selangor State Assembly sitting at Bangunan Dewan Negeri Selangor in Shah Alam.

He was responding to a supplementary question from Rajiv Rishyakaran (PH-Bukit Gasing).

Earlier Wong Siew Ki (PH-Seri Kembangan) had asked about efforts to help owners of apartments and flats obtain strata titles from developers unwilling or unable to complete the handover process to authorities.

Wong also asked whether there were plans to form a special task force to pursue errant developers.

Borhan called this a good suggestion which he would explore further.

He said he would continue engaging with developers to facilitate the strata application process.

The state has established the Strata Title Resolution Task Force committee, he elaborated.

This was to mediate land-related issues, assist with documentation and make recommendations to the state, said Borhan.

“The committee has identified several intervention methods, including implementing the Selangor Strata Fund (DSS) to help cover costs such as land surveys, building plans and professional fees for preparing strata documentation.”

Borhan said the coordination with Selangor Land and Mines Office, local authorities and Survey and Mapping Department was ongoing to expedite technical processes and approvals, including final building and strata plans.

He said the task force adopted a case-by-case approach to identify causes of delay and would propose solutions, including allowing the joint management body (JMB) or management corporation (MC) to take over the developer’s role if necessary.

“In cases where developers fail to pay land premiums, resulting in delays in issuing land and strata titles, the committee cannot compromise or provide any bailout.

“The obligation to settle land premiums remains with the developer, as stipulated in development conditions and sale and purchase agreements,” he said.

He added that such failures were a breach of agreement and could result in legal action.

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