Understanding the accessory parcel definition in Malaysia is essential for property owners, investors, and legal practitioners involved in stratified developments. Accessory parcels, such as car parks and storage units, are legally tied to the main parcel and play a crucial role in the rights and obligations of parcel owners under Malaysian strata laws.
What Is an Accessory Parcel?
An accessory parcel refers to a designated part of a stratified property that is legally attached to a main parcel, such as a residential or commercial unit. Common examples include car parking bays, storage rooms, and sometimes even private gardens or balconies. These parcels are not standalone properties but are considered part of the main parcel for legal and administrative purposes.
Legal Framework Governing Accessory Parcels in Malaysia
The concept of accessory parcels is governed primarily by the Strata Titles Act 1985 (Act 318) and the Strata Management Act 2013 (Act 757). These Acts provide the legal structure for the subdivision of buildings and land into parcels and accessory parcels, and outline the rights and responsibilities of parcel owners.
Strata Titles Act 1985
Under Section 4 of the Strata Titles Act 1985, an accessory parcel is defined as a parcel designated for use in conjunction with a main parcel. It must be shown in the strata plan and registered under the same title as the main parcel.
Strata Management Act 2013
This Act complements the Strata Titles Act by regulating the management and maintenance of common property and accessory parcels. It ensures that all parcel owners, including those with accessory parcels, contribute fairly to the maintenance and management of the development.
Types of Accessory Parcels in Malaysia
The most common types of accessory parcels in Malaysia include:
- Car parking bays
- Storage rooms or lockers
- Private gardens or yards (in landed strata)
- Balconies or terraces (if separately demarcated)
These are typically allocated during the initial development phase and are shown in the strata plan submitted to the Land Office.
Accessory Parcel Definition Malaysia: Legal Characteristics
To fully grasp the accessory parcel definition in Malaysia, one must understand its legal characteristics. These include:
- Non-severability: An accessory parcel cannot be sold or transferred separately from the main parcel.
- Exclusive use: Only the owner of the main parcel has the right to use the accessory parcel.
- Title registration: Accessory parcels are registered under the same strata title as the main parcel.
- Maintenance contributions: The owner is responsible for paying maintenance fees based on the total share units, including those of the accessory parcel.
How Accessory Parcels Are Allocated
During the development stage, developers allocate accessory parcels based on the layout and design of the building. These allocations are then reflected in the strata plan and approved by the relevant authorities. Upon issuance of strata titles, the accessory parcel is legally tied to the main parcel.
Importance of Accessory Parcels in Property Transactions
When buying or selling a stratified property, the inclusion of accessory parcels can significantly affect the value and usability of the property. For example, a condominium unit with two car parks is generally more valuable than one with none. Buyers should always verify the accessory parcels included in the sale by checking the strata title and sale and purchase agreement (SPA).
Accessory Parcel Definition Malaysia in Sale and Purchase Agreements
In Malaysia, the SPA must clearly specify the accessory parcels that come with the main parcel. This includes their location, size, and identification number. Failure to do so may lead to disputes or misunderstandings between the buyer and seller.
Example Clause in SPA
“The Vendor agrees to sell and the Purchaser agrees to purchase the said Parcel together with the Accessory Parcel(s) identified as Car Park No. B1-12 and B1-13, as shown in the approved strata plan.”
Accessory Parcels vs. Common Property
It is important to distinguish between accessory parcels and common property. While accessory parcels are for the exclusive use of the main parcel owner, common property is shared among all parcel owners. Examples of common property include lobbies, lifts, swimming pools, and corridors.
| Feature | Accessory Parcel | Common Property |
|---|---|---|
| Ownership | Individual (tied to main parcel) | Jointly owned by all parcel owners |
| Usage | Exclusive | Shared |
| Maintenance Fees | Paid by individual owner | Shared among all owners |
| Transferability | Cannot be sold separately | Not transferable |
Accessory Parcel Definition Malaysia: Practical Scenarios
To better understand the accessory parcel definition in Malaysia, consider the following scenarios:
- Scenario 1: A buyer purchases a condominium unit with two car parks. These car parks are registered as accessory parcels and cannot be sold separately.
- Scenario 2: A dispute arises when a buyer claims a storage room is included, but it was not listed in the SPA. The court rules in favour of the seller due to lack of documentation.
- Scenario 3: A developer fails to allocate car parks as accessory parcels. The owners later face difficulties in claiming exclusive rights.
How to Verify Accessory Parcels
To ensure clarity and avoid disputes, buyers and owners should:
- Check the strata title for listed accessory parcels
- Review the SPA for specific clauses
- Refer to the approved strata plan
- Consult with a lawyer or property agent
Accessory Parcel Definition Malaysia: Common Legal Issues
Several legal issues can arise in relation to accessory parcels in Malaysia:
- Omission from strata title: Accessory parcels not registered may lead to disputes.
- Misrepresentation: Developers or sellers may misrepresent the number or size of accessory parcels.
- Unclear usage rights: Lack of clarity on who can use the accessory parcel.
- Maintenance disputes: Disagreements over who is responsible for maintaining the accessory parcel.
Tips for Buyers and Owners
- Always verify accessory parcels before signing the SPA
- Ensure the parcels are registered in the strata title
- Understand your rights and obligations under the law
- Seek legal advice if in doubt
Conclusion: Managing Expectations on Accessory Parcels
Understanding the accessory parcel definition in Malaysia is vital for making informed property decisions. Whether you’re buying, selling, or managing a stratified property, knowing the legal status and implications of accessory parcels can help you avoid costly mistakes. Always verify documentation, consult professionals, and manage your expectations realistically to ensure a smooth property transaction.
