fig congress 2018 - Proposed legislation for 3D cadastre in Malaysia
Chan Keat Lim, Teng Chee Hua, David Kean Beng Loo
Malaysia is fortunate to be acknowledged as having some of the best practises amongst the cadastral systems in the world. Even though the cadastral system is predominantly 2D based, with the introduction of Part Five (A) of the National Land Code 1965 (NLC) on Disposal of Underground Land in 19901, it is now possible to own a separate title over a "stratum" or 3D (volumetric) of underground land. In order for the cadastral system to support the emerging trend of overlapping or stacking developments due to scarcity and the exorbitant price of land for development in major cities such as Kuala Lumpur, Johor Bahru and George Town, titles for 3D parcels above (in addition to below) ground should also be legally recognised. In the Malaysian context, one of the key missing pieces to complete the 3D Cadastre jigsaw puzzle is the lack of provisions for titles for air space (i.e. 3D volumetric air space lot) coupled with the corresponding limitation to the height of the surface land below the air space lot. In other words, with the proposed legislation, (1) a 3D volumetric lot may consist wholly of air space, or (2) surface land (together with specific limits to enjoyment of air space above and underground land below), or (3) underground land, each of which may take any shape that is geometrically known as polyhedron. This paper proposes to introduce proposed legislation for a 3D air space title in Malaysia. It draws on Part Five (A) of the NLC on Disposal of Underground Land with the aim of introducing the concept of "spatium" lots with measurements in 3D. A new part in the NLC, called Part Five (B), is proposed with consequential amendments to several existing sections as a starting point for the relevant authorities to deliberate further with respect to the introduction of 3D cadastral legislation for the establishment and registration of properties under and above surface land to support sustainable development in the country.
Only personal, non-commercial use of this document is allowed.