This paper aims to review the implementation of the strata leasing concept in Malaysia. The study's objectives are to identify the legislations for developing strata lease schemes and determine the law supporting the strata leasing concept. Multiple case studies were conducted on all strata lease schemes in Penang. The finding shows several Malaysian laws required to develop and administrate strata lease schemes. The study proved that current legislation supports Penang's strata lease schemes effectively, and the true character of the strata lease scheme is identified as the result of the study. Keywords: strata lease scheme; land law; residential buyer; urban development eISSN: 2398-4287 © 2022. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open-access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer-review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians), and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v7i19.3271
This paper aims to show Malaysia's types of strata lease schemes. The differences in Malaysian strata schemes are classified using case study methodology into several types with significant dissimilarity. The objective is to outline the contrast between the strata scheme, the private lease scheme, the Khoo Kongsi strata lease scheme, the Wakaf strata scheme and the Medini lease schemes guided by the National Land Code (NLC), the Strata Title Act 1985 (STA) and the Strata Management Act 2013 (SMA) legislations. Keywords: Strata Lease Scheme; Private Lease Scheme; Strata Law; Strata Development eISSN: 2398-4287 © 2022. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open-access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under the responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v7i22.4138
Strata title is a document of ownership for a unit parcel in a stratified building such as a condominium or apartment. The idea of introducing land lease term registration onto strata title has allowed the creation of a newer type of strata scheme called the strata lease scheme. However problem arises when there is no specific law gazetted for the strata lease scheme, which has caused some confusion among scholars with different opinions on which laws apply to this concept. This is because the features of a strata lease scheme can be easily confused with a strata scheme. Therefore, this paper, referring to Malaysian laws, will review the application of the strata lease scheme concept within these legislation statues. It is found that a strata lease scheme is created under the purview of the National Land Code [Act 828]. Although, it does not have specific laws catering for the need for a strata lease scheme; instead, it is governed by several legislations to meet the requirement of its development intention. The distinctness features of a strata lease scheme can be found through specific laws which is discussed further in the paper. To conclude, Malaysian laws are sufficient to oversee the development of a strata lease scheme. However, minor amendments to the legislation may enhance the distinctness of strata lease scheme features in Malaysia.
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