Académique Documents
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(406766-T)
LAND DEVELOPMENT PROCEDURES, LAND DEALINGS, STRATA TITLES, GATED COMMUNITY, LAND ACQUISITION & PLANNING AND BUILDING PLAN APPROVALS 25, 26, 27 September 2012 Putra World Trade Centre, (PWTC), Kuala Lumpur.
1RD Day Course Time : 9.00AM 10.30AM Key Topic : How To Increase Your Land Bank? 1. BY APPLICATION FOR: a) State land b) Reserve land c) Mining land d) Underground alienation e) Permit to use Air space under NLC How to apply for State Land, Reserve Land and Federal Land Privatization of Federal Land By direct purchase By acquiring land for private use Under Sec. 3(1) (b), Land Acquisition Act 1960 By joint Venture/Pawah System By purchase of properties through public auction. 2. LAND DISPOSAL UNDER THE NATIONAL LAND CODE 1965 (NLC, 1965) What is Land Disposal Definition of Land Powers of Disposal Person and Bodies entitled for Disposal Land Alienation Land Titles Types of Land Titles Final Registry Titles Final Land Office Titles Qualified Title Corresponding to Registry Title Qualified Title Corresponding to Land Office Title Approving Authority For Land Alienation Content of Paper For Consideration of the State Authority Temporary Occupation License (TOL) Combined Temporary Occupation License (TOL) and Permit Permit to Extract, remove and Transport Rock Material Permit to use air space above State Land and Reserve Land Condition of Permit Reservation of Land for Public Purpose Disposal of Underground Land
3. DISPOSAL OF UNDERGROUND LAND/STRATUM Alienation of underground state land Alienation of underground land below alienated land Lease of underground land Lease of land below reserve land Lease of underground land vested in state authority COFFEE BREAK @ 10.30AM 11.00AM Time : 11.00AM 1.00PM Key Topic : Land Dealings and Land Transaction 4. LAND DEALINGS AND LAND TRANSACTIONS Definition of dealing Types of dealing Dealings that can be affected Fitness of registration of dealing Forms of registration of dealing Persons/Bodies dealing are capable of being effected Execution of an instrument of dealing Attestation of an instrument of dealing Power of attorney
Stamping of an instrument of dealing Registration of an instrument of dealing Powers of transfer and its restriction Powers to lease and its restriction Power to sub-lease and its restriction Power to charge and its restriction Foreclosure of charge (by auction) Power to grant easement and its restriction Fitness of an instrument of dealing Suspending withdrawal and rejection instrument of dealing How to avoid fraud in Land Dealings Case studies.
LUNCH BREAK @ 1.00PM 2.00PM Time : 2.00PM 3.30PM Key Topic : Land Development Procedures HOW TO START DEVELOPING YOUR LAND? 6. LAND DEVELOPMENT PROCEDURES (NATIONAL LAND CODE, 1965) Categories of land use What is conversion Why the land should be converted Conditions of approval Method of conversion and sub division of land; Separate application Simultaneous application Surrender and re-alienation What is sub-division, partition and amalgamated of land Approving Authority TEA BREAK @ 3.30PM 4.00PM 4.00 5.00PM : QUESTION & ANSWER
5. RESTRAINTS ON DEALING Prohibition or limitation on dealings under National Land Code and other laws Restriction in interest Caveat and Prohibitory order Types of caveat o Private Caveat o Registrars Caveat o Trust Caveat o Lien Holders Caveat 6. HOW TO AVOID FRAUD IN LAND DEALINGS a) What is fraud b) Fraud cases in Land Administration c) Court cases on fraud d) Case studies on fraud
2RD Day Course Time: 9.00AM 10.30AM Key Topic: Strata Titles 7. NEW LAW ON MANAGEMENT OF HIGH RISE. BUILDINGS PRIOR TO STRATA TITLES REGISTRATION Building and Common Property (Maintenance and Management Act, 2007) This is a new law prior to the formation of Management Corporation (M.C) under the Strata Titles Act, 1985 Who is responsible to administer the Act? Responsibility of the owner or occupier to carry out repairs and maintenance The role of Joint management committee prior to M.C What are the responsibilities of the developer prior to M.C Who can collect the maintenance charges The Powers of Local Authority vis--vis The Commissioner of Building What is new in the law The role of Joint Management Body (JMB) The role of Joint Management Committee (JMC) When is the Law Terminated? COFFEE BREAK @ 10.30AM 11.00AM Time: 11.00AM 12.30PM Key Topic : Latest Amendments 8. STRATA TITLES ACT 1985 AND LATEST AMENDMENTS Who may apply for Strata Titles? Circumstances for compulsory application for Strata Titles Conditions of approval Why applications are rejected
Applications for sub-division of building Applications for phased development Withdrawal of application The concept of sub-division of building Provision for low cost building Which building are capable of being sub-divided Power of approval Role of director of survey after approval Issuance of Strata Title to parcel purchasers Failure to pay amount demanded How to allocate share units for the parcel What is provisional block strata title Application for strata titles upon completion of building in provisional block Power of approval Rights and obligations of parcel proprietor and provisional blocks Can Strata Titles be sub-divided and amalgamated Update provisions (Latest Amendments) on Strata Titles Act 1985 What is new in the Strata Titles Act 1985 The Strata Titles Board The commissioner of buildings (COB)
Time: 2.00AM 3.00PM Key Topic : Gated Community Scheme 9. 2007, AMENDMENTS TO STRATA TITLES ACT, 1985 (THE GATED COMMUNITY SCHEME) An Overview of the Amendments to the Strata Titles Act, 2007 What is new in the amendments? What is Gated Community
Definitions of Land Parcel & Building Parcel The concept of Gated Community Scheme Legalization of Gated Community concepts How to apply for gated Community Scheme? What are the difference between Gated Community and Strata Scheme? How is Gated Community managed? Who are responsible for management? Characteristics of Gated Development Guide line on Gated Community Scheme by planning Authority.
The impact and implication on Acquisition Matters to be determined in awarding compensation Case studies Court decisions
TEA BREAK @ 3.00AM 3.30PM Time : 3.30PM 5.00PM Key Topic : Land Acquisition 10. LAND ACQUISITION An overview of The Land acquisition Act 1960 Who may acquire private land? What are the purposes of acquisition allowed under the Act? Application by private sector to acquire private land What are the conditions of approval? How much compensation to be paid to the land owner? Services of notices Enquiry by the Land Administrator Acquisition of land by private companies/individual Procedures of application Rights of appeal to court On Compensation On Acquisition (Mala-Fide) What are the issues affecting the current Act Appeal procedures
3RD Day Course Time : 9.00AM 10.30AM WHAT HOUSING DEVELOPERS NEED TO KNOW? LATEST UPDATE ON HOUSING DEVELOPMENT ACT, 1976 Licensing of developers /more stringent conditions Duties of Developers Powers of the Minister and Controller The revamped Sale and Purchase Agreement (SPA) How to overcome issues on defective premises/delay in completion The Housing Tribunal COFFEE BREAK @ 10.30AM 11.00AM Time : 11.00AM 12.30PM Key Topic : Privatization 12. PRIVATIZATION OF FEDERAL LAND, STATE LAND PRIVATE ANDJOINT VENTURE PROJECTS What is privatization? Objective of privatization Privatization methods Sale of assets Management contract Build-operate-transfer (B.O.T) Build-operate-own (B.O.O) Build-transfer Privatization experiences, MAS, Tenaga, Proton, Ports, North South Highway, KTMB, Perwaja Steel, etc Future privatization, master plan Benefits to private sector and investors Privatization of state and federal lands Lease of reserve land Procedures of privatization of federal and state lands Conditions and restrictions
Time : 2.00AM 3.00PM Key Topic : Land Development Approvals 13. HOW TO EXPEDITE LAND DEVELOPMENT APPROVALS UNDER THE NATIONAL LAND CODE (NLC) AND PLANNING LAWS, UNDER OSC NLC requirements before land can be developed Land development procedures under the NLC Change of category of land use, sub division, partition ,amalgamation, surrender and re alienation Conditions of approval by the State Authority and Land Administrator How to expedite your application? Issues, problems and solutions 14. JOINT VENTURE BETWEEN PRIVATE INDIVIDUAL / COMPANY FOR LAND DEVELOPMENT Procedures Conditions Mode of share holdings JV agreement TEA BREAK @ 3.00AM 3.30PM Time : 3.30PM 5.00PM Key Topic : Land Acquisition 15. HOW TO EXPEDITE GETTING PLANNING APPROVALS? FROM LOCAL AUTHORITY (UNDER TOWN & COUNTRY PLANNING ACT & FEDERAL TERRITORY PLANNING ACT), UNDER OSC Know the procedures and processes Types of planning applications The role of physical planning Physical planning system The development control
Legislations affecting process land use planning Provisions of Town and Country Planning Act Development plans Planning control Development charge The appeal board Purchase notice and acquisition of land Development areas Planning permission Development proposal Procedure for report development control Land development process (stage 1) Approval in principle Layout plans ( stage 2) Building and infrastructure plan submission and approval (stage 3) Issuance of planning approval Issues, problems and permission solutions
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