Common Property And Strata Management In Malaysia

• Published date: 07 October 2021
• Subject Matter: Real Estate and Construction, Construction & Planning, Real Estate
• Law Firm: MahWengKwai & Associates
• Author: John Chan and Raymond Mah

What is Common Property?

There is no doubt that common property is an important feature in all strata schemes. Developers build, offer and provide various common facilities and common services in their strata projects to not only attract prospective purchasers but also to increase the market value of the strata properties.

While strata developments continue to mushroom across the country, public awareness of the law regarding strata management and common property remains low. This is particularly a problem for new strata owners and inexperienced management committee members. This article aims to explain the basics of common property.

Statutory Definition of Common Property

Section 4 of the Strata Titles Act 1985 defines "common property" as so much of the lot as is not comprised in any parcel (including accessory parcel), or any provisional block as shown in a certified strata plan.

Section 2 of the Building and Common Property (Maintenance and Management) Act 2007 defined "common property" as so much of the development area as is not comprised in any parcel, such as:

• the structural elements of the building;
• stairs, stairways and fire escapes;
• entrances and exits, corridors and lobbies;
• fixtures and fittings;
• lifts;
• refuse chutes and 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;
• 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.

(Note: The Building and Common Property (Maintenance and Management) Act 2007 was repealed by the Strata Management Act 2013 with effect from 1 June 2015)

Section 2 of the Strata Management Act 2013 defines "common property" as follows:

"(a) in relation to a building or land intended for subdivision into parcels, means so much of the development area '

(i) as is not comprised in any parcel or proposed parcel; and

(ii) used or capable of being used or enjoyed by occupiers of two or more parcels or proposed parcels; or

(b) in relation to a subdivided building or land, means so much of the lot '

(i) as is not comprised in any parcel, including any accessory parcel, or any provisional block as shown in a certified strata plan; and

(ii) used or capable of being used or enjoyed by occupiers...