Marcus Tan asked:
Hi a question on strata building common facilities. When the developer submits application for subdivision, they will delineate the boundary of those parcels. What would happen to the common facilities ie staircase, corridor etc. Would they be delineated collectively in Master Title and transfer the ownership to JMB/MC thereafter? Thanks.
Under Strata Titles Act 1985, it is defined that common property means so much of the lot as is not comprised in any parcel/unit (including any accessory parcel), or any provisional block as shown in an approved strata plan. Upon submission of the application for subdivision to the Land Administrator, those parcels/units will be delineated as in the strata plan; accordingly, the common property will be delineated.
However, the ownership of the common property is only transferred from Joint Management Body to Management Corporation upon the formation of Management Corporation and NOT upon submission of the application for subdivision.
In short, the common property stays with the Master Title while the strata and accessory parcels are carved out separately as a form of “subsidiary title”.