original proprietor shall avoid any criminal liability under the new s 8(7) of the STA 1985. It is also justifiable to impose the duty on the original proprietor to apply for the subdivision as there are reasons not attributable to the original proprietor in not transferring the strata title to the parcel owners. For examples, the parcel owners are hesitant to execute the transfer due to the reasons that they do not want or cannot pay the adjudicated stamp duty on the transfer; they do not want to pay legal fees to their solicitors; or they intend to sell the parcel to another party. Another possible practical problem faced by the original proprietor in the application for subdivision of building is that s 9(2) of the STA 1985 imposes conditions, inter alia, that the land is not subject to any charge or lien when an application under s 9(1) - Roof beams - Structural walls (if any) * Retaining walls forming part of the structural element to the Parcel (if any) Note also that the phrase “the structural framework and floor slab of the said Parcel” appear in Stage 2(b) of the General Circular No.3/2008 is slightly different from Stage 2(b) of the Third Schedule to the Schedule H, “the structural framework of the said Parcel”.27This is in line with the statement made by the Housing and Local Government Minister (New Straits Times, 13 October 2011) stating that to protect the interests of buyers, the ministry and Natural Resources and Environment Ministry are getting the Strata Titles Act amended to make it mandatory for developers to hand over the strata titles at the same time the ownership of property is handed over to buyers. See also: R Girubaharan, “Strata Titles: Plug Loophole in Legislation” New Straits Times(15 May 2013) <-1.279145> accessed 4 October 2014. 28PU(A) 58/1989.
7is made.29Further, s 10(1) of the STA 1985 (new) provides that the Director of Lands and Mines shall not approve the subdivision of any building or land into parcels unless, inter alia, the land on which the building or buildings stand is not subject to any charge or lien.30Both the new provisions, s 9(2)(c) and 10(1)(g), indirectly compel the original proprietor to settle and discharge the master charge within three months from the date of the issuance of CPSP that certifies the super structure stage. This mean, in developments governed by the Housing Development (Control and Licensing) Act 1966, the original proprietor will have to settle and discharge the master charge at an early stage, namely Stage 2(b) of the Third Schedule, when the original proprietor or developer has collected 35% of the total purchase price. This may lead to possible consequences such as the original proprietor or developer having difficulty in obtaining bridging loan to finance the development area,31or the amount of bridging loan approved by the bridging financier may be reduced, or the conditions for releasing the bridging loan will become stricter, for example the