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.