The Real Estate and Housing Developers Association of Malaysia (REHDA) supports the government's decision to amend the Strata Titles Act 1985, enabling the concurrent issuance of strata titles and vacant possession (VP) to homebuyers.
Although the amendments will provide clearer regulations to the maintenance and management of strata properties, issuing strata titles simultaneously with VP present a number of challenges, said Datuk Seri Michael KC Yam, President of REHDA.
"Essentially, to be able to issue the strata titles simultaneously with VP, the registered surveyor would need to access the site well before practical completion."
"We understand that within three months of the completion of the superstructure, the surveyor must complete the survey, the survey drawings and make the requisite submission to the Land Office," said Yam in an email to The Sun Daily.
However, conducting the physical survey while construction work is still ongoing could pose health and safety hazards to the professionals involved. Nonetheless, the property industry is prepared to give it a try.
He also explained that the physical issuance of the strata titles is not fully controlled by the professionals and developers.
"Given the backlog of titles to be issued and staff shortage at the Land and Survey Department and the Land offices, what if there is a delay in the issuance of strata titles?" he asked.
Yam added that "if strata titles are not issued, VP cannot be effected and a delay in this may affect the timely delivery of the parcels to the owners. Developers may need to pay Liquidated and Ascertained Damages (LAD) to buyers through no fault of their own."
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