Short title, application and commencement
(1) This Act may be cited as the Building and Common Property (Maintenance and Management) Act 2007.
(2) This Act shall apply on to Peninsular Malaysia and the Federal Territory of Labuan.
(3) This Act shall come into operation in each State on such date as may be appointed by the Minister, after consultation with the State Authority, in relation to that State by notification in the Gazette, and the Minister may, after consultation with the State Authority, appoint different dates—
(a) for the coming into operation of this Act in different local authority areas or parts of local authority areas; and
(b) for the coming into operation of different provisions of this Act in different local authority areas or parts of local authority areas.
(4) This Act shall come into operation in the Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya on a date to be appointed by the Minister responsible for the Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya by notification in the Gazette.
(5) Notwithstanding subsection (3), the State Authority may, by notification in the Gazette, extend any of the provisions of this Act to apply to the whole or any part of any area within the State which is not under any local authority area; and may make such modifications, amendments or variations to the provisions of this Act as may be necessary for the purpose of their application to such area.
(6) Notwithstanding subsection (3), the State Authority may, by notification in the Gazette, exempt any part of any local authority area from any or all of the provisions of this Act or any regulations made under this Act.
(7) The State Authority may, if in its opinion it would not be contrary to the public interest, and the interest of the purchasers to do so, suspend the operation of this Act or any provision of this Act in any local authority area or any part of any local authority area or any other area for such period as it deems fit.
(8) In this Act, references to the State Authority in relation to the Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya shall be construed
as references to the Minister responsible for the Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya.
Interpretation
In this Act, unless the context otherwise requires—
“Building Maintenance Account” means the Building Maintenance Account opened and maintained under section 16;
“Body” means the Joint Management Body established under section 4;
“building” means any object erected on the development area, and includes the common property of the building;
“building or land intended for subdivision into parcels” means–
(a) any building or buildings having two or more storeys in a development area and intended to be subdivided into parcels; and any land on the same lot intended to be subdivided into parcels to be held under a separate strata title or for which an application for subdivision has been made under the Strata Titles Act 1985 [Act 318]; or
(b) any development area having two or more buildings intended to be subdivided into land parcels as defined in the Strata Titles Act 1985;
“Central Bank” means the Central Bank of Malaysia established under the Central Bank of Malaysia Act 1958 [Act 519];
“charges” means any money collected by the owner, developer, Body or managing agent from the purchaser for the maintenance and management of a building or land intended for subdivision into parcels and common property;
“managing agent” means any person appointed by the Commissioner of Buildings under section 25;
“property” means any land on the development area, and includes any building or part of a building that has been erected or is being erected on the land, and also includes a building or land intended for subdivision into parcels;
“common property”, in relation to a development area, means so much of the development area as is not comprised in any parcel, such as the structural elements of the building, stairs, stairways, fire escapes, entrances and exits, corridors, lobbies, fixtures and fittings, lifts, refuse chutes, refuse bins, compounds, drains, water tanks, sewers, pipes, wires, cables and ducts that serve more than one parcel, the exterior of all common parts of the building, playing fields and recreational areas, driveways, car parks and parking areas, open spaces, landscape areas, walls and fences, and all other facilities and installations and any part of the land used or capable of being used or enjoyed in common by all the occupiers of the building;
“Committee” means the Joint Management Committee established under section 11;
“development area” means any alienated land held as one lot under final title (whether Registry or Land Office title) on which building or land intended for subdivision into parcels is constructed or is in the course of construction;
“local authority area” means any area in a State that has been declared by the State Authority to be a local authority in accordance with section 3 of the Local Government Act 1976 [Act 171];
“sinking fund” means a special fund opened and maintained under section 24;
“Building Maintenance Fund” means the Building Maintenance Fund that the Body is required by section 22 to maintain;
“Minister” means the Minister charged with the responsibility for local government;
“replacement value” means the value to replace the building in the case of fire or damage;
“developer” means any person or body of persons (by whatever name described), who develops any land for the purpose of accommodation including accommodation for commercial and industrial use and includes the executors, administrators and successors in title or permitted assigns of such person or body of persons;
“purchaser” means the purchaser of a parcel;
“occupier” means the person in actual occupation of the building, but, in the case of premises for lodging purposes, does not include a lodger;
“management corporation” means the management corporation established under the Strata Titles Act 1985;
“Commissioner” means the Commissioner of Buildings appointed under section 3;
“parcel”, in relation to—
(a) a building intended for subdivision, means one of the individual units comprised in the building which (except in the case of an accessory parcel) is held or to be held under a separate strata title; and
(b) a land intended for subdivision, means one of the individual units of land parcel;
“accessory parcel” means any parcel shown in a strata plan as an accessory parcel which is used or intended to be used in conjunction with a parcel;
“local authority” includes any person or body of persons appointed under any written law to exercise and perform the powers and duties which are conferred and imposed on a local authority under any written law;
“allocated share units” means the share units to be assigned to each parcel by a developer’s licensed land surveyor.
