ccc for mixed development in phases -...

29 March 2018

CCC FOR MIXED DEVELOPMENT

IN PHASES

Focus Group in Dealing with Construction Permits

Development of KLIA

01 1 Master Plan Parcels of housing development with individual land titles.

PHASES OF DEVELOPMENT IN SEPARATE TITLES

Parcel 3

Parcel 5

Parcel 4

Parcel 2

Parcel 1

Notes: Phases of housing development can be implemented in a housing scheme when each phases are developed on separate land titles. Able to comply with HDA

certification. Able to comply with

Strata application requirement.

STRATA ISSUES IN STRATIFIED HOUSING DEVELOPMENT

KM

Ob

tain

ed

BP

Ap

pro

val

Fo

rm B

Fo

rm F

- C

CC

Lan

d R

eg

iste

r

AP

DL

ISSU

ES &

P

RO

PO

SAL

HD

A &

STA

P

RO

CED

UR

ES

DC

P

PR

OC

EDU

RES

Ap

ply

SIF

US

S.O

.P

Su

bm

it to

PT

G

Su

bm

it to

CO

B

Su

bm

it to

JP

N

S&

P s

ign

ed

Sa

le c

om

me

nce

SS

S

Su

pe

r S

tru

ctu

re

co

mp

letio

n

Fo

rm G

12

Pro

po

se S

trata

Subm

it P

ropo

se

d

Str

ata

Pla

n t

o J

UP

EM

CP

SP

Issu

ed

by J

UP

EM

Ap

ply

Str

ata

Su

bm

it s

tra

ta

ap

plica

tio

n to

L.O

.

Str

ata

Tit

les

Issu

ed

by L

an

d

Off

ice

Fo

rm G

12

SIF

US

3 months 1 mth

36 months

3 months

Str

ata

CP

Str

ata

ap

pro

val

&

CP

by J

UP

EM

VP

Is

su

e V

P w

ith

CC

C &

Str

ata

Title

s

02 1 STRATA APPLICATION REQUIREMENT

03 1 Strata Management Act 2013 - Act 757 : Section 6

STRATA APPLICATION REQUIREMENT

04 1 Strata Title Act – Amendment 2013

STRATA APPLICATION REQUIREMENT

“application for subdivision of building, etc. 9. (1) An application for the approval of the Director for the subdivision of building,

building and land, under subsection 6(1) and subdivision of land under subsection 6(1a)

shall be made in Form 1 to the Land administrator and shall be accompanied by—

(a) such fees as may be prescribed…..

(c) a certificate of the proposed strata plan;

(e) the written consents to the making of the application of every person who, at the

time of the application, is entitled to the benefit of a lease of the whole or any part

thereof, other than a part corresponding precisely with, or included within, one of the

parcels to be created upon subdivision;

(g) the issue document of title of the lot;

(i) a certified copy of the schedule of parcels or amended schedule of parcels, as the

case may be, except in the case under paragraphs 8(2)(b) and (d).

05 1

Certificate of Completion and Compliance

Housing Development Act - Act 118 : Section 3. Interpretation. In this Act, unless the context otherwise requires— “certificate of completion and compliance” means the certificate of completion and compliance given or granted under the Street, Drainage and Building Act 1974 [Act 133] and any by-laws made under that Act certifying that the housing accommodation has been completed and is safe and fit for occupation but does not include partial certificate of completion and compliance;

STAGE COMPLETION CERTIFICATION UNDER HDA

Notes Housing Development Act (HDA) expressly states that Partial CCC (Form

F1) is not acceptable for issuance of Notice of Vacant Possession (VP). Only CCC (Form F) is acceptable to satisfy the issuance of VP.

06 1 Issuance of Vacant Possession with Certificate of Completion and Compliance (CCC) can only be issued after all phases are completed.

ISSUES OF CONCERN

HOUSING DEVELOPMENT (CONTROL AND LICENSING) REGULATIONS 1989 Schedule H: Sale And Purchase Agreement (Building Or Land Intended For Subdivision Into Parcels) – Cl. 27 Manner of delivery of Vacant Possession: Cl. 27 (2) The delivery of Vacant Possession by the Developer shall be supported by a certificate of completion and compliance and includes the handing over of the keys of the Parcel to the Purchaser. Housing Development Act - Act 118 : Section 3. Interpretation.

“certificate of completion and compliance” means the certificate of completion and compliance given or granted under the Street, Drainage and Building Act 1974 [Act 133] and any by-laws made under that Act certifying that the housing accommodation has been completed and is safe and fit for occupation but does not include partial certificate of completion and compliance;

01 2 INTEGRATED MIXED DEVELOPMENT

Ph. 4 – Hotel Block

Ph. 1 – Podium Retails

Ph. 3 – Residential

Ph. 2 – Residential and Clubhouse

Mixed Development Project in a Single Building Complex:

01 2

1


INTEGRATED MIXED DEVELOPMENT

01 2

2

Ph. 2 – Residential 2

Ph. 2 – Clubhouse


01 2

2

3



Ph. 2 – Clubhouse


01 2

2

3

4




Ph. 2 – Clubhouse


01 2

1

2

3

4





Ph. 2 – Clubhouse


Development Strategy

01 3

1



01 3

1

2




01 3

1

3

2




Ph. 3 – Clubhouse


02 3 A. Building Plans for all phases are required to be approved, although the

future phases are not meant for immediate construction; Section 8A (9) of STA 2013 states the following on the application for CPSP: Where an application involves a provisional block, the following requirements relating to the provisional block shall be observed in the application:

(a) The application shall be accompanied by the original copy of the building

plans approved by the planning authority for the building…; Proposed Solution: To allow for the Building Plan for the phase to be constructed only to be submitted for approval for the purpose of applying for CPSP.

ISSUES OF CONCERN

03 3 B. Any change in the Building Plan will require approval from all purchasers.

Regulation 6(3) of Strata Management Regulations 2015 states: If the plans filed with CoB together are altered, for the reason that the Building Plans approved by the local authority are altered or revised: (a) Due to a requirement of the local authority; or (b) With the agreement of all purchasers of the parcel in the development area and such alterations or revisions have been approved by the local authority; The developer shall, within 30 days, file with CoB a revised schedule of parcels… Proposed Solution: To allow for Building Plan changes with the consent of the purchasers of the affected units only, except for amendments to Common Facilities under construction which will require the consent from at-least 75% of the Purchasers.

ISSUES OF CONCERN

04 3 Other Solutions: Option 1: To allow for changes to be made for SiFUS & SOP for the phase under construction. Option 2: To allow for the overall SiFUS and SOP to be determined based on the approved Plot Ratio/Density and not allocated to the specific parcels or Provisional Blocks.

ISSUES OF CONCERN

05 3 C. Building plan issues There is expiry date for BP approval. However, developer required to

obtain approval for BP for all phases. The BP for subsequent phases may expired before construction

commence. Possibility of new requirements / conditions will be imposed by authority

during renewal or resubmission of BP. Unnecessary additional cost incurred to Developer.

Suggestions: Local authority to allow validity of BP according phase development

schedule. Local authority to allow BP submission by phases.

ISSUES OF CONCERN

06 3 D. SIFUS Restricts Any Change For The Upcoming Phases. Regulation 7(2) of SMR 2015: If the plans or legend filed with CoB are altered for the reason that the Building Plans approved by the local authority are altered or revised: (a) Due to a requirement of the local authority; or (b) With the agreement of all purchasers of the parcel of all affected provisional block in the development area and such alterations or revisions have been approved by the local authority; And provided that there is no change in the proposed quantum of the provisional share units for the affected provisional block, the developer shall, within 30 days from the date of alteration, file with CoB a revised schedule of parcels together with six copies of Form 2A… Therefore, once SiFUS is issued, the proposed quantum of the provisional share units for the Provisional Blocks can no longer be changed.

ISSUES OF CONCERN

02 4 STRATA ISSUES IN STRATIFIED HOUSING DEVELOPMENT

Maintenance charge for Provisional Block issue Strata Management Act 2013 Section 9(3)(a), the charge for the parcel

owners shall be collected based on the proportion to the allocated share unit of their respective parcel.

it means if there is any provisional block in a strata scheme, purchaser has to bare the maintenance charge based on share unit where the building is yet to complete.

Suggestions: Authority shall allow the maintenance charge on the complete building

unit only.

ISSUES OF CONCERN

01 2

2

As interim measure, JPN proposed to allow CCC be issued for partially completed residential project.


01 4 Proposed Solution: Option 1: Housing Development Act to be amended to allow Partial CCC to be accepted for the delivery of Vacant Possession. This will facilitate the delivery of Vacant Possessions to the purchasers for the early phases. Option 2: To amend the Housing Development Regulations 1989 - Schedule H, Cl. 27(1)a and the Schedule of Payments to allow Partial CCC to be accepted for the delivery of Vacant Possession.

ISSUES OF CONCERN

Thank

you

ccc for mixed development in phases -...

Documents