Brief Brief Intr Introduc oduction About tion About Malay - - PowerPoint PPT Presentation

TAN LIAT CHOON

Department of Land Administration and Development Faculty of Geoinformation Science and Engineering Universiti Teknologi Malaysia Supervisor

• Dr. Khadijah Binti Hussin

Brief Brief Intr Introduc

• duction About

tion About Malay Malaysia sia and and Resear esearch h pr proposal

• posal

Royal Institute of Technology (KTH)

Professor Dr. Hans Mattsson

• Dr. Jenny Paulsson

Outline of Presentation

1) About Malaysia 2) Land Administration and Cadastral Survey in Malaysia 3) Surveying Practise in Malaysia 4) Surveying Education in Malaysia (These four items above are adapted and modified from the presentation note during FIG Commission 7 Conference 2009 at Kuala Lumpur) 5) Brief Research Proposal

About Malaysia

(MYR)

Former Prime Minister for 20 years

PRIME MINISTER DEPARTMENT, PUTRAJAYA

Light Railway Train and Monorail

• nly exist in Kuala Lumpur.

(HIGHWAY)

State road and Municipal road exist everyway

Penang Laksa

Sport (Lee Chong Wei)

• All England 2010 man single champion

Sport (Nicol David)

Land Administration and Cadastral Survey in Malaysia

Land Surveying responsible by Department of Survey and mapping Malaysia (JUPEM)

Type of Plan (Title)

Type of Plan (Certified Plan for Land Parcel)

Type of Plan (Certified Plan for Strata Parcel)

Type of Plan (Certified Plan for Strata Parcel)

Type of Plan (Certified Plan for Strata & Land Parcel)

Type of Plan (Certified Plan for Stratum Parcel)

Master Degree PhD

POLITEKNIK SULTAN AHMAD SHAH, KUANTAN

(Local student)

TAN LIAT CHOON

Department of Land Administration and Development Faculty of Geoinformation Science and Engineering Universiti Teknologi Malaysia Supervisor

• Dr. Khadijah Binti Hussin

Pr Propos

• posing

ing a 3D a 3D Cad Cadast astral al Par arcel cel Le Legisla gislation tion

RESEARCH PROPOSAL

Outline of Presentation

1) Definition 2) General Introduction 3) Problem Area 4) Research Questions 5) Research Objectives 6) Research Methodologies 7) Scope and Limitations of the Research 8) Research Significance 9) Research Contributions 10) Research Schedule 11) Publication 12) Conclusion

Definition

Land “Land is defined as an area of the surface of the earth together with the water, soil, rocks, minerals and hydrocarbons beneath or upon it and the air above it. It embraces all things which are related to a fixed area or point of the surface of the earth, including the areas covered by water, including the sea.” (Kaufmann and Steudler, 1998) Cadastre “A cadastre is similar to a land register in that it contains a set of records about land. Cadastres are based either on the proprietary land parcel, which is the area defined by

• wnership; or on the taxable area of land which may be different from the extent of what

is owned; or on areas defined by land use rather than by land ownership. Cadastres may support either records of property rights, or the taxation of land, or the recording of land use.’ (UN-ECE, 1996)

Land Administration “The process of regulating land and property development, the use and conservation of land, gathering of revenues from land through sales, leasing and taxation, and resolving conflicts concerning the ownership and use of the land.” (Dale and Mclaughlin (1999) Land Administration System “A good land administration system will guarantee ownership and security of tenure; support land and property taxation; provide security of credit; develop and monitor land market; protect land resources and support environment monitoring; facilitate the management of State-owned land; reduce land disputes; facilitate rural land reform; improve urban planning and infrastructure development; and provide statistical data in support of good government....” (UN-ECE, 2005)

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Third dimension play a significant role in determining the legal status of such property, especially in areas with multilayer use of space. 3D cadastre “A 3D cadastre is defines as a cadastre that registers and gives insight into rights and restrictions not only on parcels but on 3D property units. There are three ways to register the 3D cadastre objects: (i) 3D tag in current 2D cadastral registration, (ii) Hybrid cadastre and (iii) Full 3D cadastre” (Stoter, 2004)

3D property

Above surface constructions:

• Apartments
• Constructions on top of each other
• Overhead infrastructure and utilities
• Air space

Below surface constructions:

• Underground constructions
• Underground infrastructure and utilities
• Region of polluted area
• Geological activities

(Paulsson, 2007)

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Introduction

The urban population in Asia has increased by 550 million people during 1960-1990 and is expected to increase by 1,286 million people by year 2020. The population of Malaysia has increased from approximately 21.80 million in late 1990s to 27.73 million in 2008 and it is predicted to reach 31 million by 2020. Unfortunately, the existing Malaysian Cadastral System and legislation for 2D parcel is unsuitable for representing the land rights in 3D situations for those rapid increases for development and technical purposes. There are many countries including Malaysia do not have enough vacant land on the ground surface to cater for the rapid development particularly in big cities. It is anticipated that for future urban developments, the alternatives to the land surface would be the space above and below the ground surface and the shallow underwater areas along the seashore which involves marine cadastral. Again, it is anticipated in the near future that a new cadastre will have a system that is complete, methodical, comprehensive and updated documentation of public and private rights, ownership, land use and real estate in the various spaces.

General Introduction

Background and Context

A systematic record of lands matters involving registration of the details of transaction such as transfer of land and interest, lease, charge, releasing of easement and change of condition of land is very important in the land administration, planning and development

• f land.

A cadastre is an information system consisting of a series of maps or plans showing the size and location of all land parcels together with text records that describe the attributes

• f the land. It is essential for everyone involved in land matter to have knowledge of the

cadastre because it plays a very important role in Land Administration System. Land is both a physical commodity and an abstract concept of rights of ownership although land may or may not include everything which is attached to it. Without land, there would not be any human activities carry on in the world.

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Cadastral Map and Land Title

Modern cadastre normally consists of series of large scale cadastral map and corresponding register that showing the value and ownership of land parcel. It provides precise description and identification of particular pieces of land and its acts as a continuous record of rights in land. After final survey of an individual parcel of land or a number of lands, a cadastral map, so- called Certified Plan will be produced for those plot/plots of land. Immediate after the approval of Certified Plan, the document of title will be prepared, approved and issued to the owner. Unfortunately, these Certified Plan, Registry Title and Land Office Title mostly only represents the surface level of ground with individual land parcels by 2D boundaries, descriptions, rights, restrictions and responsibilities. It display geographical data and is vital for revealing spatial relationships and patterns .

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The Cadastral System

In 1994, Working Group under Commission 7 of the International Federation of Surveyors (FIG), took into consideration essential matters in the era of new public management was assigned to develop a vision for a modern cadastre of 20 years into the future and is known as Cadastre 2014. Another cadastral system based on 3D cadastre objects modelling proposed by Stoter in 2004 provided boundary certainty of 3D cadastre objects particularly regarding 3D property ownership. By 2000, cadastral systems were seen as a multipurpose engine of government operating best when they served administration functions in land rights, responsibilities and focused on delivering sustainable land management. This means that, a mature multipurpose cadastre could be considered as a Land Administration System itself. While, in Malaysia context, cadastral systems are now closely linked with land valuation and taxation systems for taxation purposes and also linked to land registration systems as well.

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The Needs of 3D Cadastre

A good cadastral system in a country can lead to the stability of social, economic and environment management and development. At present, there is a lot of development taking place that is not covered in the 2D cadastre system. From an institutional perspective, land administration includes the formulation of land policy, the legislative framework, resource management, land administration arrangements, land information management and entails organisational. The traditional cadastral system and land registry based on 2D have not been prepared to register this utilisation of land in a 3D situation. Therefore, the proposed 3D cadastre system should be able to represent the actual real world situation and not the surface

• parcel. The implication of these new ways of land use due to a high demand for ground

space means that, there must be changes made to the 2D paradigm in law and legal aspects.

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The Needs of 3D Property Legislation

Many new types of development not listed in the conventional developments are in need

• f a proper registration in land registry and cadastral system for 3D purpose. This is to

make sure owners of those properties not subscribed by the conventional definition of

• wnership, could fully enjoy the ownership rights of their real estate properties.

This is crucial to establish a more secure ownership and mapping facilities of real estate properties and objects in the cadastral system and land registry. Thus, more effort, attention and interest have to be put in to formalise the land registration meant for 3D purposes. Furthermore, the current cadastral system is not able to handle the registration of 3D cadastral parcel within the legislation and this problem in the system needs to be addressed and taken into consideration to avoid complications in the land registry system.

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Malaysian Cadastral System

• Cadastral Database Management System

– Department of Survey and Mapping Malaysia  store information about land attributes, spatial objects etc.

• Computerised Land Registration System

– State Land and Mines Office – District Land Office  store land ownerships, land tenures etc.

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Malaysian Cadastral System

However, the digital cadastral map, registry title, content survey and mapping as well as textual record information does not include the 3D object registration and 3D rights as this current system only apply to the ordinary Land Administration System. They still using 2D natural for registration of 3D object rights and is not comprehensive enough for 3D objects. This means, there are no 3D object property rights as well as 3D cadastre rights within the Cadastral Database Management System and Computerised Land Registration System. Within this Malaysian Cadastral System, there are also many direct and indirect codes and acts as well as legal documents that relate to cadastral survey and mapping , and land registration for property ownership currently governing the land administration. All these issues need to be addressed and are important towards the implementation of a 3D cadastre for 3D cadastral parcel in Malaysia.

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Current Situation in Malaysia

Land is the key to human needs as it is the source of shelter, labour, economy, business, food, finance and other resources as well as the basis for meeting the different kinds of societal needs of the community. Since the last 15 years, urbanisation of Malaysia in an amazing speed and millions of people migrate to the cities, especially in Georgetown, the city of Kuala Lumpur, city in Selangor and Johor Bahru. The areas of the cities are expanding and at the same time, construction projects keeping running in the urban area. The skyscraper and transportation network constructions, which are for multiple uses are now seen in all major cities of Malaysia. These complex situations always happen in Malaysia where public road overlapping with building and transportation network. Malaysia land administration is traditionally based on the Malaysian land law and this provides a variety of rights that are dependent on the traditions of the country. In Malaysia, land use rights are

• ften based on occupation of land over a long period and this is defined in the written law or set by
• traditions. However, 2D geometric in legal and law expression for land and property tenure is no

longer adequate

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Current Situation in Malaysia

The present cadastral mapping is moving towards a system whereby the real estate property could be manipulated, processed, and managed in a 3D computing

• environment. This mapping system has been adopted in Malaysia and at the moment,

provides vital and information such as parcel location as well as ownership for lots, parcels or land parcels. Nevertheless, there will be a time when the present compiled information could not serve the more advanced and complex situations such as innovative developments taking place in big city centres as mentioned earlier in this section . The only way to deal with this is by having a more advanced system and suitable legislative solution that can be exemplified through the implementation of a 3D cadastre for 3D cadastral parcel.

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Current Situation in Malaysia

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Cases in Malaysia (Building over a public road and Tansportation network over a public road)

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Cases in Malaysia (Overlapping private properties)

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Problem Area

Background and Context

In the present land registry system, there are difficulties to register the ownership and

• ther rights of real estate objects above or below the ground surface.

In major urban areas, the law and legal applications in 2D situations are insufficient to solve all problems associated with 3D situations such as construction on top of each

• ther, infrastructure above and below the ground surface, utility facilities etc.

Furthermore, these 3D objects generally do not correspond with the conventional legal aspect that is legally registered and defined. In a real world situation, issues of legal and organisational meant for 2D cadastre are insufficient and would not be able to cope with the advanced development of the country especially information concerning 3D constructions and developments.

Issues in Malaysian Cadastral System

The current 2D natural of Malaysian Cadastral System is insufficient to meet the changes brought about by the booming yet complex high density developments in urban areas. Furthermore, there is a growing interest and need for using space above or below the ground surface for construction real estate property objects especially in metropolitan areas. The traditional paper based method of Certified Plan, Registry Title and Land Office Title conversion to digital based method of registration includes all maps and titles comprising the legal status of parcel boundaries, land parcels and other objects registered for 2D space situation. The Digital Cadastral Database created and used by Department of Survey and Mapping Malaysia in all states in Malaysia includes the digital or computer-based maps of all cadastral survey parcels as well as databases, e.g. dimensions and coordinates of land parcels.

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Problem Statements

In Malaysia, the main thing that hinders the progress has been the national legal system. There are no provisions and there is a lack of proper legislation in 3D land rights in Malaysia cadastre law to cater for the registration of legal and organisational aspects for 3D cadastral parcel in 3D

• cadastre. Many conflicts seem to exist between laws and statutes in current status.

Cadastre consists of spatial and non spatial land information while land registration consists of non spatial (textual) information. Land title registration and Cadastral Survey and Mapping Registration are located in different authorities in Malaysia. Malaysia land tenure adopts a title registration system where the register contain rights, restrictions and responsibilities (RRR) about the proprietor, i.e. term of ownership, encumbrances, express conditions, implied conditions, restrictions in interest, caveats and prohibited orders if any. As a result, different RRR may exist in an integrated 3D property

• bjects’ resulting the whole lot is difficult to decide. However, not all imposed conditions and

restrictions are stated clearly in the register as there are some that are provided by law and have to be complied by the proprietor.

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Problem Statements

The property market is not operated accordingly. The value of any real estate property depends on its location and parcel area. The parcel areas in the Final Titles are based on the 2D area given in architect, engineer or surveyor plan as well as Certified Plan where parcel area was given after final survey completed. The registration of 3D cadastral parcel is realised on the basis of the Malaysian cadastral system, and is based on the 2D representation where lot, parcel or land parcel are represented by coordinates and dimensions information in Certified Plan. In Malaysia, public road i.e. state roads and municipal roads belong to state government while federal roads belong to federal government. When a private property is constructed above the public road, the cadastral system should recognise two or more different owners at the same time.

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Research Questions

Research Question 1 1) What are the problems from legal and organisational aspects in

• rder to implement Malaysian Cadastral System for 3D cadastral

parcel and how to address them? Sub-question 1 i) What are the new 3D cadastral parcel regulations and practices information needed in Strata Title Act 1985 and National Land Code 1965?

Research Question 2 2) What are the changes needed in the current cadastral and land practices in order to achieve the successful implementation of Malaysian Cadastral System for 3D cadastral parcel? Sub-question 2 ii) How could information about the new 3D cadastral parcel regulations and practices information be collected, structured and presented that would propose a 3D cadastre in Malaysia?

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Research Question 3 3) What are the contents in the relevant legal documents that have to be amended in order to translate the legal and organisational expression from 2D to 3D for implementation of Malaysian Cadastral System for 3D cadastral parcel? Sub-question 3 iii) What kind of framework or criteria is needed to establish and implement these new legislations and how would it affect the cadastre practices of the 3D cadastral parcel?

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Research Objectives

Objective 1

1) To review literature associated with the execution and application on the legal status of various 3D cadastral parcels in Malaysia and other countries, and on the research of 3D cadastre, strata title and 3D cadastral parcel rights.

Objective 2

2) To establish the fundamental principles in the field of 3D cadastral parcel legislation by analysing the existing Swedish Land and Cadastral Legislation that was matched the need of Malaysian Land Law.

Objective 3

3) To investigate and make recommendations for changes, if necessary of the Strata Title Act 1985 (Act 318) and National Land Code 1965 (Act 56) that would facilitate the Malaysian Cadastral System practices and can be implemented under the existing environment in Malaysia.

Research Methodologies

Stage Process Related Information

1 Secondary sources Local Strata Title Act 1985 (Act 318) and National Land Code 1965 (Act 56). Electronic Strata Module which consists of Strata Lodgement Module, Strata Verification Module and Electronic Strata Survey Module from the Department of Survey and Mapping Malaysia will be used as a technical reference. Abroad Swedish Land and Cadastral Legislation. Analysis Specific contents of above legal documents will be identified and studied. Analysis method Content Analysis.

Stage Process Related Information

2 Design an instrument Open-ended and close-ended Questionnaires. (Quantitative approach) Pilot study Pilot the instrument and primary data collection Field survey. Respondents from State Lands and Mines Office, State District Land Office, Department of Survey and Mapping Malaysia, Department of Director General of Lands and Mines Office, State Local Authority (Valuation and Property Management Department and/or Town Planning and Development Department) and Licensed Land Surveyors from Peninsular Malaysia. Data analysis The feedback from respondents will be evaluated and compared with secondary sources by looking into the legal aspects. Analysis method Quantitative Analysis (Frequency Analysis and Average Index Analysis).

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Stage Process Related Information

3 Further refine the instrument and final data collection The results and analysis from the questionnaire survey process will be used to improve the initial recommendations through an open-ended unstructured interview sessions. (Qualitative approach) Data analysis The final recommendations made in the content of legal documents mentioned will be tested and checked though in-person interviewing method. Analysis method Qualitative Analysis (Descriptive Analysis).

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Scope and limitations of the research

1) The research will focus on two types of legal documents, namely StrataTitle Act 1985 and National Land Code 1965. These legal documents are chose because they require the inclusive of 3D into the current 2D cadastre system for 3D cadastral parcel on and above ground surface and they are directly involved in the registration and cadastral survey of the multilayer property on and above ground surface. 2) As part of the study, an internship programme in Royal Institute of Technology (KTH) at Sweden will be undertaken. This is to study Swedish Land and Cadastral Legislation because Sweden has been involved in practising this legislation since the year 2000. 3) The Department of Survey and Mapping Malaysia, State Lands and Mines Office, State District Land Office, State Local Authority and Licensed Land Surveyors company are chose in this study because they are directly involved in the registration, cadastral survey and processing for multilayer properties on and above ground surface. The Director/Registrar/Land Administrator from above mentioned will be the interviewees and respondents of the research.

4) This research would focus on 3D cadastral parcel legislation for multilayer objects on and above the ground surface but not below the ground surface in Malaysia because the existing law and guideline for stratum which under Part Five (A), Disposal of Underground Land, Section 92a to 92i (National Land Code, 1965) and Federal Lands and Mines Director General Secular (PKPTG/1, 2008) are already in existence. 5) No technical development will be carried out and performed since this research will be using Electronic Strata Module from DSMM as the technical reference. 6) These methodologies adopted are study of secondary data as the basis for developing the instrument to transform 2D legislation to 3D legislation. Finding and analysis from the study will be used to refine the instrument furthers.

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Research Significance

Under Malaysia land law, lots and land parcels are the basic concept which make infinite ownership space and can be defined as a cone down to the centre of the earth, with boundaries on the surface extends vertically upwards and downwards to an extent. As a result, lot become the basic unit in Malaysia cadastral survey and mapping and together with land registry, it form a Registry Title and Land Office Title. In Malaysia, lots and land parcels adjudicative consist of two parts,

• The ascertaining of the physically surface boundaries by survey boundary mark; and
• The official ascertainment of rights in land via registration and issue of Document of Title (National Land Code,

1965). In other words, the proprietor of the above i.e. air space, and underground land will continue to enjoy the rights to effect dealing, subdivision, partition, amalgamation and even subdivision of building if allowed by the State Authority (Chong, 2006). This is similar to strata and stratum objects ownership in Malaysia where multi storeys occupancy and ownership by subdivision of land into strata and stratum as the backbone of strata and stratum objects ownership. In addition, according to Strata Title Act 1985 (Act 318), any buildings having two or more storeys on alienated land held as one lot under final title and any alienated land having two or more buildings held as one lot under final title shall be capable of being subdivided into land parcels each of which is to be held under a strata title or as an accessory parcel (Strata Title Act, 1985).

The Strata Title Act 1985 (Act 318) and National Land Code 1965 (Act 56) have been in existence in Malaysia since 1985 and 1965 respectively. Strata and land properties (especially mix residential and commercial) have become common, so the basis of the land title and strata title arrangement have been well tested. However, critical researches on the problematic areas of land and strata title development in Malaysia have not been sufficient. Although there are many researches carry on and a lot of publications by universities and law related agencies, such as UTM and DSMM, examples are (Ahmad-Nasruddin, Hassan and Abdul-Rahman, 2008; Hassan, 2008; Ahmad-Nasruddin, 2008; Hassan, Ahmad-Nasruddin, Yaakop et al., 2008; Ahmad- Nasruddin and Abdul-Rahman, 2007; Hassan, Abdul-Rahman and Stoter, 2006; Hassan, Abdul-Rahman and Stoter, 2006; Ahmad-Nasruddin and Abdul-Rahman, 2006; Abdul-Rahman, 2006; and Abdul- Rahman, Stoter and Nordin, 2005), but most of the researches are only related to the technical aspects

• f the 3D registration and visualisation of land parcel and less is related to the institutional issue

especially in legal and organisational aspects. This thesis will attempt to examine and address some of the most problematic issues relating to the future development of multipurpose building in Malaysia. It is hope that the findings will form a new and worthwhile contribution to the existing actors and organisations of knowledge.

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Research Contributions

Contribute to: 1) 3D cadastral parcel legislation for cadastral survey and mapping, and land registration practices in the Malaysian Cadastre System for 3D cadastral parcel on and above ground surface. 2) 3D cadastral parcel legislation that would facilitate the Department of Survey and Mapping Malaysia technical development by complimenting the Electronic Strata Module for property on and above ground surface. 3) Formal definition of 3D cadastral parcel legislation for multilayer objects on and above ground surface. 4) Explanation and structuring the discussion about 3D cadastral parcel by providing basic recommendations and fundamental principles from the legislative and organisational points of view in the cadastral system. 5) Facilitate State Local Authority to increase their collection of revenues through collection of assessment and quit rent.

Research Schedule

Publication

Papers have been presented/published in proceedings and bulletin

1) MYSCAD Solution at De’Palma Hotel, Kuala Lumpur, Malaysia on 21 May 2009. 2) UTM FKSG Postgraduate Seminar 2009 at UTM, Johor, Malaysia on 14-15 July 2009. 3) ISG 2009 at Crown Plaza Mutiara Hotel, Kuala Lumpur, Malaysia on 10-11 August 2009. 4) 7th FIG Regional Conference 2009 at National Conference Centre, Hanoi, Vietnam on 19-22 October 2009. 5) n-DGIS at Universiti Teknologi Malaysia , Johor, Malaysia on 21-22 October 2009. 6) 3rd International Conference on Build Environment in Developing Countries (ICBEDC 2009) at Universiti Sains Malaysia, Pulau Pinang, Malaysia on 2-3 December 2009. 7) Buletin Geospatial Sektor Awam, BGSA 2/2009, MaCGDI.

Paper has been accepted for oral presentation

1) XXIV FIG International Congress 2010 at Sydney Convention & Exhibition Centre, Sydney, Australia

• n 11-16 April 2010.

2) 1st International Conference on Sustainable Building and Infrastructure (ICSBI 2010), Universiti Teknologi Petronas at KLCC, Kuala Lumpur, Malaysia on 15-17 June 2010.

Abstract have been accepted

1) 1st International Conference on Sustainable Urbanization (ICSU 2010), The Hong Kong Polytechnic University at Harbour Plaza Hong Kong, China on 15-17 December 2010.

Papers have been submitted for peer review

1) Journal of Real Estate Malaysia, FKSG, UTM on 20 July 2009. 2) Journal of Institution of Surveyors, Malaysia (ISM) on 6 August 2009. 3) Journal of Institution of Surveyors, Malaysia (ISM) on 4 January 2010

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Conclusion

In Malaysia, the main thing that hinders the progress mentioned has been the national legal system, because there are no provisions and there is a lack of proper Malaysia cadastre laws and land laws to cater for the registration of legal and organisational aspects for 3D cadastral parcel in full 3D cadastre as described by Stoter (2004). Within the availability of the latest knowledge and information technology such as hardware and software, I believe that Malaysia is ready to develop a 3D cadastre system to solve the problems from the technical aspects taking into consideration the complexity of cadastre registration of 3D cadastral parcel situations. On the other hand, the changes of the cadastral laws and land laws in legal and

• rganisational aspects probably should come first, or later, or maybe concurrently with the

technical aspect development will be the main issues for further discussion. In short, an effective implementation of 3D cadastre inclusive of all institutional issues (legal and organisational) and technical aspect are equally important.

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