CCC FOR MIXED DEVELOPMENT IN PHASES. Focus Group in Dealing with Construction Permits

Size: px

Start display at page:

Download "CCC FOR MIXED DEVELOPMENT IN PHASES. Focus Group in Dealing with Construction Permits"

Lorraine Gilbert
5 years ago
Views:

1 CCC FOR MIXED DEVELOPMENT IN PHASES Focus Group in Dealing with Construction Permits 29 March 2018

2 1 01 Master Plan Parcels of housing development with individual land titles. PHASES OF DEVELOPMENT IN SEPARATE TITLES Notes: Phases of housing development can be implemented in a housing scheme when each phases are developed on separate land titles. Able to comply with HDA certification. Able to comply with Strata application requirement. Parcel 5 Parcel 4 Parcel 3 Parcel 2 Parcel 1 Development of KLIA

3 ISSUES & PROPOSAL HDA & STA PROCEDURES Apply SIFUS Submit to PTG SIFUS S.O.P Submit to COB APDL Submit to JPN S&P signed Sale commence SSS Super Structure completion Propose Strata Submit Proposed Strata Plan to JUPEM CPSP Issued by JUPEM Apply Strata Submit strata application to L.O. Strata CP Strata approval & CP by JUPEM Strata Titles Issued by Land Office VP Issue VP with CCC & Strata Titles DCP PROCEDURES Land Register KM Obtained BP Approval Form B Form G12 Form G12 Form F - CCC 1 02 STRATA APPLICATION REQUIREMENT STRATA ISSUES IN STRATIFIED HOUSING DEVELOPMENT 3 months 1 mth 36 months 3 months

4 1 03 STRATA APPLICATION REQUIREMENT Strata Management Act Act 757 : Section 6

5 1 04 STRATA APPLICATION REQUIREMENT Strata Title Act Amendment 2013 application for subdivision of building, etc. 9. (1) An application for the approval of the Director for the subdivision of building, building and land, under subsection 6(1) and subdivision of land under subsection 6(1a) shall be made in Form 1 to the Land administrator and shall be accompanied by (a) such fees as may be prescribed.. (c) a certificate of the proposed strata plan; (e) the written consents to the making of the application of every person who, at the time of the application, is entitled to the benefit of a lease of the whole or any part thereof, other than a part corresponding precisely with, or included within, one of the parcels to be created upon subdivision; (g) the issue document of title of the lot; (i) a certified copy of the schedule of parcels or amended schedule of parcels, as the case may be, except in the case under paragraphs 8(2)(b) and (d).

6 1 05 STAGE COMPLETION CERTIFICATION UNDER HDA Certificate of Completion and Compliance Housing Development Act - Act 118 : Section 3. Interpretation. In this Act, unless the context otherwise requires certificate of completion and compliance means the certificate of completion and compliance given or granted under the Street, Drainage and Building Act 1974 [Act 133] and any by-laws made under that Act certifying that the housing accommodation has been completed and is safe and fit for occupation but does not include partial certificate of completion and compliance; Notes Housing Development Act (HDA) expressly states that Partial CCC (Form F1) is not acceptable for issuance of Notice of Vacant Possession (VP). Only CCC (Form F) is acceptable to satisfy the issuance of VP.

7 1 06 ISSUES OF CONCERN Issuance of Vacant Possession with Certificate of Completion and Compliance (CCC) can only be issued after all phases are completed. HOUSING DEVELOPMENT (CONTROL AND LICENSING) REGULATIONS 1989 Schedule H: Sale And Purchase Agreement (Building Or Land Intended For Subdivision Into Parcels) Cl. 27 Manner of delivery of Vacant Possession: Cl. 27 (2) The delivery of Vacant Possession by the Developer shall be supported by a certificate of completion and compliance and includes the handing over of the keys of the Parcel to the Purchaser. Housing Development Act - Act 118 : Section 3. Interpretation. certificate of completion and compliance means the certificate of completion and compliance given or granted under the Street, Drainage and Building Act 1974 [Act 133] and any by-laws made under that Act certifying that the housing accommodation has been completed and is safe and fit for occupation but does not include partial certificate of completion and compliance;

8 2 01 INTEGRATED MIXED DEVELOPMENT Mixed Development Project in a Single Building Complex: Ph. 1 Podium Retails Ph. 2 Residential and Clubhouse Ph. 3 Residential Ph. 4 Hotel Block

9 2 01 INTEGRATED MIXED DEVELOPMENT 1 Ph. 1 Podium Retails

10 2 01 INTEGRATED MIXED DEVELOPMENT 2 Ph. 2 Residential Ph. 2 Clubhouse 2

11 2 01 INTEGRATED MIXED DEVELOPMENT 3 Ph. 3 Residential Ph. 2 Residential Ph. 2 Clubhouse 2 2

12 2 01 INTEGRATED MIXED DEVELOPMENT Ph. 4 Hotel Block Ph. 3 Residential Ph. 2 Residential Ph. 2 Clubhouse

13 2 01 INTEGRATED MIXED DEVELOPMENT Ph. 4 Hotel Block Ph. 3 Residential Ph. 2 Residential Ph. 2 Clubhouse Ph. 1 Podium Retails

14 Development Strategy

15 3 01 INTEGRATED MIXED DEVELOPMENT 1 Ph. 1 Podium Retails

16 3 01 INTEGRATED MIXED DEVELOPMENT 2 Ph. 2 Hotel Block 1 Ph. 1 Podium Retails

17 3 01 INTEGRATED MIXED DEVELOPMENT 2 Ph. 2 Hotel Block 3 Ph. 3 Residential Ph. 3 Clubhouse Ph. 1 Podium Retails 3 1

18 3 01 INTEGRATED MIXED DEVELOPMENT 2 Ph. 2 Hotel Block 3 Ph. 3 Residential Ph. 3 Clubhouse Ph. 1 Podium Retails 3 1

19 3 02 ISSUES OF CONCERN A. Building Plans for all phases are required to be approved, although the future phases are not meant for immediate construction; Section 8A (9) of STA 2013 states the following on the application for CPSP: Where an application involves a provisional block, the following requirements relating to the provisional block shall be observed in the application: (a) The application shall be accompanied by the original copy of the building plans approved by the planning authority for the building ; Proposed Solution: To allow for the Building Plan for the phase to be constructed only to be submitted for approval for the purpose of applying for CPSP.

20 3 03 ISSUES OF CONCERN B. Any change in the Building Plan will require approval from all purchasers. Regulation 6(3) of Strata Management Regulations 2015 states: If the plans filed with CoB together are altered, for the reason that the Building Plans approved by the local authority are altered or revised: (a) Due to a requirement of the local authority; or (b) With the agreement of all purchasers of the parcel in the development area and such alterations or revisions have been approved by the local authority; The developer shall, within 30 days, file with CoB a revised schedule of parcels Proposed Solution: To allow for Building Plan changes with the consent of the purchasers of the affected units only, except for amendments to Common Facilities under construction which will require the consent from at-least 75% of the Purchasers.

21 3 04 ISSUES OF CONCERN Other Solutions: Option 1: To allow for changes to be made for SiFUS & SOP for the phase under construction. Option 2: To allow for the overall SiFUS and SOP to be determined based on the approved Plot Ratio/Density and not allocated to the specific parcels or Provisional Blocks.

22 3 05 ISSUES OF CONCERN C. Building plan issues There is expiry date for BP approval. However, developer required to obtain approval for BP for all phases. The BP for subsequent phases may expired before construction commence. Possibility of new requirements / conditions will be imposed by authority during renewal or resubmission of BP. Unnecessary additional cost incurred to Developer. Suggestions: Local authority to allow validity of BP according phase development schedule. Local authority to allow BP submission by phases.

23 3 06 ISSUES OF CONCERN D. SIFUS Restricts Any Change For The Upcoming Phases. Regulation 7(2) of SMR 2015: If the plans or legend filed with CoB are altered for the reason that the Building Plans approved by the local authority are altered or revised: (a) Due to a requirement of the local authority; or (b) With the agreement of all purchasers of the parcel of all affected provisional block in the development area and such alterations or revisions have been approved by the local authority; And provided that there is no change in the proposed quantum of the provisional share units for the affected provisional block, the developer shall, within 30 days from the date of alteration, file with CoB a revised schedule of parcels together with six copies of Form 2A Therefore, once SiFUS is issued, the proposed quantum of the provisional share units for the Provisional Blocks can no longer be changed.

24 4 02 ISSUES OF CONCERN STRATA ISSUES IN STRATIFIED HOUSING DEVELOPMENT Maintenance charge for Provisional Block issue Strata Management Act 2013 Section 9(3)(a), the charge for the parcel owners shall be collected based on the proportion to the allocated share unit of their respective parcel. it means if there is any provisional block in a strata scheme, purchaser has to bare the maintenance charge based on share unit where the building is yet to complete. Suggestions: Authority shall allow the maintenance charge on the complete building unit only.

25 2 01 INTEGRATED MIXED DEVELOPMENT As interim measure, JPN proposed to allow CCC be issued for partially completed residential project. 2

26 4 01 ISSUES OF CONCERN Proposed Solution: Option 1: Housing Development Act to be amended to allow Partial CCC to be accepted for the delivery of Vacant Possession. This will facilitate the delivery of Vacant Possessions to the purchasers for the early phases. Option 2: To amend the Housing Development Regulations Schedule H, Cl. 27(1)a and the Schedule of Payments to allow Partial CCC to be accepted for the delivery of Vacant Possession.

27 Thank you

Date of Gazette : 7 February 2013 Date of Enforcement : 1 June 2015

Date of Gazette : 7 February 2013 Date of Enforcement : 1 June 2015 Land Matters Building Matters Developer Documentation Status of Master Title not Final title /Hakmilik Tetap Change of Land use/sub-division