Senior Member
1,504 posts
Joined: Aug 2014
I am currently engaging a lawyer to perform the perfection of the individual strata title of a subsale property (a unit in an apartment).
When the housing loan for this subsale property (in Kuala Lumpur) was approved several months ago, the individual strata title has not yet been issued.
One document required for the perfection of the individual strata title is Jadual 17: Permohonan Kebenaran Untuk Pindahmilik Tanah, Bahagian Tanah, Pajakan, Pajakan Kecil, Gadaian. This form can be downloaded from https://www.ptgwp.gov.my/portal/web/guest/muat-turun-borang, under the section "Bahagian Pembangunan dan Kebenaran Pindah Milik".
According to my lawyer, Jadual 17 should be submitted by the developer to Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan. Plus, the developer should bear the cost of RM 100 for the submission of Jadual 17, to be paid to Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan. This should be consistent for all unit owners for the apartment, because the developer should seek blanket consent on the behalf of all unit owners.
Somehow, the developer refuses to submit Jadual 17 and bear the cost of RM 100, and instructs my lawyer to submit Jadual 17. If that is the case, I have to pay that RM 100, because my lawyer will charge back RM 100 to me.
To be exact, who is really responsible for the submission of Jadual 17 to Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan? The developer, the proprietor, or the unit owner's lawyer?
Bear in mind that a few weeks ago, I have paid administrative fee and disbursement fee (which was charged by the developer) to the developer, for the procedure of the issuance of individual strata title.
Thank you for your clarification.
This post has been edited by kart: Oct 18 2022, 03:45 PM
All Stars
13,952 posts
Joined: Sep 2017
I am currently engaging a lawyer to perform the perfection of the individual strata title of a subsale property (a unit in an apartment).
When the housing loan for this subsale property (in Kuala Lumpur) was approved several months ago, the individual strata title has not yet been issued.
One document required for the perfection of the individual strata title is Jadual 17: Permohonan Kebenaran Untuk Pindahmilik Tanah, Bahagian Tanah, Pajakan,
Pajakan Kecil, Gadaian. This form can be downloaded from https://www.ptgwp.gov.my/portal/web/guest/muat-turun-borang, under the section "Bahagian Pembangunan dan Kebenaran Pindah Milik".
According to my lawyer, Jadual 17 should be submitted by the developer to Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan. Plus, the developer should bear the cost of RM 100 for the submission of Jadual 17, to be paid to Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan. This should be consistent for all unit owners for the apartment, because the developer should seek blanket consent on the behalf of all unit owners.
Somehow, the developer refuses to submit Jadual 17 and bear the cost of RM 100, and instructs my lawyer to submit Jadual 17. If that is the case, I have to pay that RM 100, because my lawyer will charge back RM 100 to me.
To be exact, who is really responsible for the submission of Jadual 17 to Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan? The developer, the proprietor, or the unit owner's lawyer?
Bear in mind that a few weeks ago, I have paid administrative fee and disbursement fee (which was charged by the developer) to the developer, for the procedure of the issuance of individual strata title.
Thank you for your clarification.
Seeking consent to sell is the responsibility of the seller because he is the registered owner.
Who is the seller ? Developer ?
Senior Member
1,504 posts
Joined: Aug 2014
Thank you for your reply.
I am asking about the consent to transfer ownership.
When you mention the seller, I presume that the seller is the person from whom I bought the subsale property. Anyway, I think that the seller is not related to the issue of the perfection of the individual strata title.
Many years ago, when the seller bought the property from the developer, there was no strata title.
Even when I signed the Sales and Purchase Agreement with the Seller to purchase the subsale property from the seller, there was no strata title yet.
Recently, the strata title was issued, but in the name of the developer.
Thus, the perfection of the individual strata title is currently performed by the lawyer, so that the ownership of the strata title is changed from the developer to the individual unit owner of the apartment. One of the documents required for this process is Jadual 17: Permohonan Kebenaran Untuk Pindahmilik Tanah, Bahagian Tanah, Pajakan, Pajakan Kecil, Gadaian.
So, who is really responsible for the submission of Jadual 17 to Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan? The developer, the proprietor (landowner), or the unit owner's lawyer?
This post has been edited by kart: Oct 18 2022, 03:47 PM
All Stars
13,952 posts
Joined: Sep 2017
mini orchard
Thank you for your reply.
I am asking about the consent to transfer ownership.
When you mention the seller, I presume that the seller is the person from whom I bought the subsale property. Anyway, I think that the seller is not related to the issue of the perfection of the individual strata title.
Many years ago, when the seller bought the property from the developer, there was no strata title.
Even when I signed the Sales and Purchase Agreement with the Seller to purchase the subsale property from the seller, there was no strata title yet.
Recently, the strata title was issued, but in the name of the developer.
Thus, the perfection of the individual strata title is currently performed by the lawyer, so that the ownership of the strata title is changed from the developer to the individual unit owner of the apartment. One of the documents required for this process is Jadual 17: Permohonan Kebenaran Untuk Pindahmilik Tanah, Bahagian Tanah, Pajakan, Pajakan Kecil, Gadaian.
So, who is really responsible for the submission of Jadual 17 to Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan? The developer, the proprietor (landowner), or the unit owner's lawyer?
Thank you.
Developer's legal responsibility is only to his buyer whom he has a contractual obligations.
Developer's role to subsequent buyer is just administrative ie to perform the registration function when all documents are in order.
Consent to registered in the subsequent buyer's name is only after the first buyer seller has applied for state consent. Legality issue aka state consent is seller responsibility.
Since your seller as the contractual party didnt do it, you as the buyer has to do it.
Conclusion . send the bill to the seller aka 1st buyer or subsequent buyer pays for it.
If the developer agreed to do it, is not going to be free either. And I think the case is a double transfer . developer transfer to 1st buyer, then he applied for consent to transfer to subsequent buyer.
This post has been edited by mini orchard: Oct 19 2022, 01:52 AM
Junior Member
99 posts
Joined: Aug 2022
I am currently engaging a lawyer to perform the perfection of the individual strata title of a subsale property (a unit in an apartment).
When the housing loan for this subsale property (in Kuala Lumpur) was approved several months ago, the individual strata title has not yet been issued.
One document required for the perfection of the individual strata title is Jadual 17: Permohonan Kebenaran Untuk Pindahmilik Tanah, Bahagian Tanah, Pajakan, Pajakan Kecil, Gadaian. This form can be downloaded from [url=https:/ /www.ptgwp.gov.my/portal/web/guest/muat-turun-borang]https: //www.ptgwp.gov.my/portal/web/guest/muat-turun-borang[/url], under the section "Bahagian Pembangunan dan Kebenaran Pindah Milik".
According to my lawyer, Jadual 17 should be submitted by the developer to Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan. Plus, the developer should bear the cost of RM 100 for the submission of Jadual 17, to be paid to Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan. This should be consistent for all unit owners for the apartment, because the developer should seek blanket consent on the behalf of all unit owners.
Somehow, the developer refuses to submit Jadual 17 and bear the cost of RM 100, and instructs my lawyer to submit Jadual 17. If that is the case, I have to pay that RM 100, because my lawyer will charge back RM 100 to me.
To be exact, who is really responsible for the submission of Jadual 17 to Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan? The developer, the proprietor, or the unit owner's lawyer?
Bear in mind that a few weeks ago, I have paid administrative fee and disbursement fee (which was charged by the developer) to the developer, for the procedure of the issuance of individual strata title.
Thank you for your clarification.
Developer will usually apply for the purchasers when strata title is issued. Which developer is this?
Senior Member
1,504 posts
Joined: Aug 2014
Developer's legal responsibility is only to his buyer whom he has a contractual obligations.
Developer's role to subsequent buyer is just administrative ie to perform the registration function when all documents are in order.
Consent to registered in the subsequent buyer's name is only after the first buyer seller has applied for state consent. Legality issue aka state consent is seller responsibility.
Since your seller as the contractual party didnt do it, you as the buyer has to do it.
Conclusion . send the bill to the seller aka 1st buyer or subsequent buyer pays for it.
If the developer agreed to do it, is not going to be free either. And I think the case is a double transfer . developer transfer to 1st buyer, then he applied for consent to transfer to subsequent buyer.
Thank you for reminding me that the first (principal) sales and purchase agreement was signed between the developer and the first buyer. As such, I am the second buyer who bought the house from the first buyer (whom I referred as the seller in the first post in this thread.)
From your statement, I, as the second buyer, may not have the full right as the first buyer, since I did not sign my sales and purchase agreement directly with the developer.
Then again, in the first (principal) sales and purchase agreement between the developer and the first buyer, the term "successors in title" is stated. As the second buyer, I should be the successor in title and the direct replacement of the first buyer. After all, the first buyer no longer has the legal ownership of the house.
The seller did not request the lawyer to perform the perfection of the individual strata title, because even the strata title under the name of the developer was not available at that time.
It looks like I may not have strong justification against the developer, and so I may have to bear the cost of submitting Jadual 17 via my lawyer.
QUOTE(LazyCat666 @ Oct 19 2022, 01:34 PM)Developer will usually apply for the purchasers when strata title is issued. Which developer is this?
Yes, that should be the case. The developer claimed that the Developer will apply for the blanket consent to transfer ownership and submit Jadual 17 at the land office, for residential projects in Selangor.
Since my apartment is in Kuala Lumpur, the developer claimed that the blanket consent to transfer ownership is not applicable for Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan. As such, the developer claimed that it is the duty of the current unit owner's lawyer to submit Jadual 17 and to apply for the consent to transfer.
I find it weird that the website of Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan does state the term kebenaran pukal (blanket consent).
The developer is not well-known. I would prefer to remain anonymous. Thank you.
This post has been edited by kart: Oct 19 2022, 04:55 PM
All Stars
13,952 posts
Joined: Sep 2017
Then again, in the first (principal) sales and purchase agreement between the developer and the first buyer, the term "successors in title" is stated. As the second buyer, I should be the successor in title and the direct replacement of the first buyer. After all, the first buyer no longer has the legal ownership of the house.
Successors in title normally refers to next of kin or beneficiary. He is given the right to take over the property without any payment.
For example, . the child is the successor in title when the parent passed away.
Or the deputy president is the successor in title when the president passed away without the need of approval from members or election.
In your case, your right to own the property is in the exchange for cash. Is a commercial transaction and not as stated in the primary or subsequent snp for successor in title.
Similary, buying a subsale completed unit from developer generally wont be entitled to dlp. So is subsale even with existing dlp for 1st buyer. But a successor in title can still claim for dlp.
Consent can be applied b4 strata title is issued and I did that for a property recently vp auction purchased and handed the approval letter to the developer.
This post has been edited by mini orchard: Oct 21 2022, 08:41 PM
Junior Member
99 posts
Joined: Aug 2022
Thank you for reminding me that the first (principal) sales and purchase agreement was signed between the developer and the first buyer. As such, I am the second buyer who bought the house from the first buyer (whom I referred as the seller in the first post in this thread.)
From your statement, I, as the second buyer, may not have the full right as the first buyer, since I did not sign my sales and purchase agreement directly with the developer.
Then again, in the first (principal) sales and purchase agreement between the developer and the first buyer, the term "successors in title" is stated. As the second buyer, I should be the successor in title and the direct replacement of the first buyer. After all, the first buyer no longer has the legal ownership of the house.
The seller did not request the lawyer to perform the perfection of the individual strata title, because even the strata title under the name of the developer was not available at that time.
It looks like I may not have strong justification against the developer, and so I may have to bear the cost of submitting Jadual 17 via my lawyer.
Yes, that should be the case. The developer claimed that the Developer will apply for the blanket consent to transfer ownership and submit Jadual 17 at the land office, for residential projects in Selangor.
Since my apartment is in Kuala Lumpur, the developer claimed that the blanket consent to transfer ownership is not applicable for Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan. As such, the developer claimed that it is the duty of the current unit owner's lawyer to submit Jadual 17 and to apply for the consent to transfer.
I find it weird that the website of Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan does state the term kebenaran pukal (blanket consent).
The developer is not well-known. I would prefer to remain anonymous. Thank you.
It's true that KL land office is no longer accepting blanket consent but developer will still apply for individual consent to transfer for purchasers. At least that is the case for my property.
Senior Member
1,153 posts
Joined: Oct 2006
From: Kuala Lumpur
I am currently engaging a lawyer to perform the perfection of the individual strata title of a subsale property (a unit in an apartment).
When the housing loan for this subsale property (in Kuala Lumpur) was approved several months ago, the individual strata title has not yet been issued.
One document required for the perfection of the individual strata title is Jadual 17: Permohonan Kebenaran Untuk Pindahmilik Tanah, Bahagian Tanah, Pajakan, Pajakan Kecil, Gadaian. This form can be downloaded from https://www.ptgwp.gov.my/portal/web/guest/muat-turun-borang, under the section "Bahagian Pembangunan dan Kebenaran Pindah Milik".
According to my lawyer, Jadual 17 should be submitted by the developer to Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan. Plus, the developer should bear the cost of RM 100 for the submission of Jadual 17, to be paid to Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan. This should be consistent for all unit owners for the apartment, because the developer should seek blanket consent on the behalf of all unit owners.
Somehow, the developer refuses to submit Jadual 17 and bear the cost of RM 100, and instructs my lawyer to submit Jadual 17. If that is the case, I have to pay that RM 100, because my lawyer will charge back RM 100 to me.
To be exact, who is really responsible for the submission of Jadual 17 to Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan? The developer, the proprietor, or the unit owner's lawyer?
Bear in mind that a few weeks ago, I have paid administrative fee and disbursement fee (which was charged by the developer) to the developer, for the procedure of the issuance of individual strata title.
Thank you for your clarification.
seller bear cost for consent to transfer + registration
you bear cost for consent to charge + registration.
for subsale + assuming it is direct transfer, developer dont need to pay anything.