Land, Housing, Strata & Planning - Latest Developments & Future Legislation

17 Dec, 2018, Kuala Lumpur

FOCUSING ON
  • Act A1516 – will more be done?
  • Stratum development – Part 5(A) NLC; challenges ahead
  • Spatium development – new Part 5B NLC? 3D cadastre legislation?
  • Landlord tenant law – RTO, lease-rental
  • Malay Reserve Enactment – financing MR land development
  • Land acquisition – Act ultra vires? Right to claim “loss of profit”?
  • Private Lease Scheme – purchaser’s interest protected?
  • Development of wakaf land – what do purchasers get?
  • Termination & redevelopment of strata schemes – en masse or en bloc?
  • Strata owners – short-term rental for Airbnb legal?
  • Objecting to a proposed development – do you have locus standi?
  • A future environmental planning law?
  • Act 172 - reforming the nation’s planning system
OBJECTIVES

This is IPA’s final and concluding legal update on property law (comprising of land law, housing, strata and planning law) in Peninsular Malaysia for 2018. It will focus on the latest development, recent trends, conflicts and disputes, as well as the prospects for new legislation in 2019 and beyond.

 

The first session will review the partial success of the Director-General of Lands and Mines efforts in revamping the National Land Code 1965, as well as the amended laws affecting underground land (stratum). It will conclude with a discussion on the proposed 3D cadastre legislation and the prospects for the development of earthscrapers and underground cities.

 

The second session will analyse the government’s recent proposals affecting the alienation and development of air space (spatium) above state land and alienated land. It will conclude with a discussion on our landlord and tenant law, especially in regard to the landlord’s common law right of “self-help”.

 

The third session looks at the Malay reservation law in the nine Malay States, especially in regard to offering Malay reserve land as security for a bank loan. A recent exercise undertaken by a state government to resolve this issue will be examined, before reviewing previous announcements by the government to enable MR land to be leased to non-Malay entities for development. The session ends by analyzing the impact of a recent Federal Court decision on land acquisition of an on-going development project.

 

The fourth session is devoted on strata development, especially in regard to the rise of “private lease schemes” in recent years, in the face of misgivings by various quarters. There will be a discussion on the legal aspects of such a scheme, especially to what extent it protects the interest of “purchasers”. The session will then examine the development of wakaf land (to what extent is it permitted under Islamic law) and the termination and redevelopment of strata schemes in the face of competing and conflicting interests of the existing parcel owners.

 

This one day legal update will conclude with a fifth session where certain planning issues will be discussed – including the rights of a strata owner to let his property on short-term rental under Airbnb, the right of a neighbouring owner to object to a proposed development, the role of the NPPC in regard to mega reclamation projects and the future of our planning law.

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB...
  1. Excelling in customer satisfaction in challenging times.
  2. Acquiring more skilful complaint handling skills.
  3. Learning how to deal with difficult customers effectively.
  4. Raising confidence level in handling complaints
  5. Avoiding common mistakes in handling customers
  6. Achieving customer’s expectation for better business success.
  7. Accomplishing your company’s goals.
  8. Achieving excellent service standards faster.
 
WHAT YOU WILL LEARN
9:00 SESSION ONE: LAND LAW I
  • Act A1516 – limited success; more to be done
  • Stratum – under State land /alienated
    land / reserved land; conditions endorsed
  • Regulations, rules, guidelines, procedures – are they ready?
  • Need for 3D cadastre legislation
  • Underground cities, earthscrapers – the future is here.
10:45 SESSION TWO: LAND LAW II
  • Air space above state land / alienated
    land – who owns?
  • Spatium development – prospects and challenges
  • Proposed legislation affecting spatium – trends in foreign jurisdiction
  • Landlord and tenant – is the law really pro- tenant?
  • RTO and lease-rental – is the law ready?
12:00 SESSION THREE: MALAY RESERVE & LAND ACQUISITION
  • Restrictions against dealings – FMS Cap 142; five state enactments
  • Financing development of MR land – Kedah MRE shows the way
  • Joint ventures of MR land with non-Malay corporations – earlier proposals
  • Land Acquisition Act – s 40D ultra vires? “loss of profit” as compensation
1:00 Lunch

2:00 SESSION FOUR: STRATA DEVELOPMENT
  • Private lease scheme (PLS) – security of tenure for “purchasers”; does it contravene STA?
  • Medini project JB – case study; proposals to “fix the problem”
  • Development of wakaf land – what do “purchasers” really get? Is PLS suitable for it?
  • Termination and redevelopment of strata schemes – en mass or en bloc? trends in foreign jurisdiction?
3:45 SESSION FIVE: PLANNING
  • Short rental of strata properties for
    Airbnb – how do local authorities respond?
  • Challenging proposed development – is the law of locus standi obsolete?
  • National Physical Planning Council – mega reclamation projects
  • Sustainable development – do we need an environmental planning law?
  • Act 172 – reforming our national planning system – the New Urban Agenda
5:00 End of Course
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
METHODOLOGY
Interactive Lectures, Discussions and Practical Case Studies on all relevant areas to ensure participants grasp clearly issues presented.


 

LEARN FROM THE BEST

PROF. DATO’ SALLEH BUANG formerly served as a Federal Counsel in the Attorney-General’s Chambers, Kuala Lumpur, 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 Utusan Malaysia and
New Straits Times.

 

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

 

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