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

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Land ownership among the indigenous is lagging despite their special stature and origins in the country. Their nomadic way of life and settlements in the reserved lands for indigenous are among the key factors which hinder their path towards land ownership. In 2005, government initiates to alienate 50 land parcels with house for the villagers of Kampung Bawong, Sungai Siput, Perak. However, current status reported that only 21 landowners still live on site while the rest are abandoned. In view of this, the present study examines the current issues on property rights and how government is responsible in managing the conflicts. The data was collected from interviews and questionnaires. The study analysed several issues on property rights including idle land, tax arrears, and inheritance property. The study found that government also plays its role in managing the conflicts. Hence, in ensuring a way forward for the ingenious people to continue to own their lands in legal, the government might explore the best practice of land alienation for them which include the aspects of legal and financial resources.

Focusing on Malaysia, the development of multi-unit buildings that incorporate numerous ownerships for various sorts of land uses, such as residential, commercial, industrial or mixed-use properties, has been made possible by the phenomena of vertical building construction. Peninsular Malaysia (excluding Sabah and Sarawak) and the Federal Territories of Kuala Lumpur, Putrajaya and Labuan are primarily governed by the Strata Titles Act 1985 (STA 1985), which also applies to the Federal Territories of Kuala Lumpur, Putrajaya and Labuan. The most contentious issue now being debated in stratified development is the non-issuance and transference of strata title to the parcel owner (or purchaser) of the old-stratified scheme. As a result, the amended Strata Titles (Amendment) Act 2007 (Act A1290) has incorporated the 'special building' as a new element in the strata title application to minimize the aforementioned issue in the application. Furthermore, Strata Titles (Amendment) Act 2017 (Act A1518) also has promulgated for any parcel owners to apply for the strata title of their properties. Although the legislation for encountering the non-issuance and transference of strata title is being upgraded, there has been no discernible increase in the number of strata title applications for special building, as certain States have shown no increase in application numbers since the special building is been introduced. Therefore, this paper aims to review the legal aspects of strata title application for special building as stipulated in the Strata Titles Act 1985 to deliver a broad understanding of the special building concept. The research method used is qualitative research which will rely on the analysis of the relevant statutes, rules, regulations, books, journals, articles, thesis, monographs, research grants reports, seminar papers, electronic materials and data internet.

Land alienation in Malaysia constitutes an important element in the conduct and governance relating to the National Land Code (NLC) 1965. However, the alienation is within the exclusive jurisdiction of the state authority and the process of such alienation takes too long including to resolve the requirements of Form 5A, NLC 1965. Form 5A is a notice to the applicant to claim the alienation fees which include the quit rent, premium, boundary mark surveying fees, and preparation and registration of documents of title. Although various methods have been taken to manage the issues of Form 5A, there are still lack of response because several internal and external factors. This study investigates the key factors that contribute to unsuccessful of Form 5A in the Johor Bahru District Area. The study conducted by two kind of methods, interviewing 10 respondents and questionnaire distributed to 229 respondents. The results shortlisted 22 factors and narrowed down into four main factors: lack of money, the rates charged are too high, appeal process for premium reduction, extension period and instalment payments. This study is important to balance the property ownership by considering the emerging issues of land alienation for the urban poor.