Understanding Land Subdivision in Malaysia

The process of land subdivision in Malaysia is an intricate yet essential legal planning procedure. Primarily regulated by local and state authorities, the subdivision process involves breaking up an alienated land held under a final title into two or more portions, each under separate titles. This article delves into the various facets of land subdivision in Malaysia, guided by the National Land Code (NLC) and relevant state regulations.

Legislative Framework for Land Subdivision

In Malaysia, the major land legislative procedures include conversion, subdivision, partition, and amalgamation. The subdivision of land is governed under section 135 of the National Land Code, which outlines the requirements and conditions for the subdivision of alienated land held under Registry of Land Office title.

Key Considerations in Land Subdivision

  1. Approval Requirements:
    • Unrestricted Interest: The land must be free from any restriction in interest.
    • Compliance with Written Laws: The subdivision should not contravene any existing written laws.
    • Planning Authority Approval: Necessary approvals from the planning authority and State Authority must be obtained.
    • No Outstanding Land Revenue: There should be no outstanding land revenue.
    • Access: Adequate means of access must be provided, whether through a road, river, foreshore, or railway station.
  2. Application Process:
    • The application for land subdivision must be submitted in writing to the Land Administrator, accompanied by a prescribed fee and a detailed plan of the subdivision.
    • Consent from other interested authorities, such as a person or body with an interest in the land, is also required.
    • A certified Land Surveyor is necessary to prepare the subdivision plan and other relevant documentation as per the Subdivision Act 1988.

Steps in the Subdivision Process

The subdivision procedure in Malaysia involves four primary stages:

  1. Planning Permission: Obtain permission for planning the subdivision under the conditions set by the local Council.
  1. Certification of the Subdivision Plan: Certification under the Subdivision Act 1988 grants official recognition of the subdivision.
  1. Declaration of Conventionality: This crucial approval indicates that all specifications have been met.
  1. Lodgment of Records: Submit the records to “Land Victoria,” enabling the issuance of a new title document for each subdivided block.

Fees and Charges

Various fees are associated with the subdivision process, including:

  •  Planning Permit Application fees
  •  Certification application fees
  •  Open area contributions
  •  Service power charges
  •  Lodgment fees for Qualified Plans
  •  Works guidance fees
  •  Maintenance of task bonds
  •  Professional fees for parties like certified land surveyors

Role of the Land Authority

The Land Authority holds the sole discretion to approve land subdivision applications, as stipulated in the National Land Code. With the State Commissioner’s or Land Administrator’s approval, the proprietor gains the benefit of:

  • A charge over the land
  • A lease over the entire or part of the land
  • A charge of such a lease over the entire or part of the land
  • A lien over the land or any such lease

Ensuring Compliance with Zoning and Safety Standards

Subdivision applications must ensure compliance with existing zoning regulations. Roads and rights of way within the subdivided land must be adequately sized and positioned to handle potential traffic. Provisions for water flow, drainage, and utilities must be included to ensure the safety, health, and general wellbeing of the area.


The legislative process for land subdivision in Malaysia is well documented and straightforward, guided by the National Land Code and State Land Rules. However, land policies vary across states, reflecting Malaysia’s decentralized approach to land management. Understanding the intricacies of this process is crucial for property developers and landowners aiming to navigate the regulatory landscape effectively.

For further information and professional assistance, you can visit Malaysian Land Management. This website offers comprehensive resources and expert consultations to guide you through the complexities of land subdivision in Malaysia.

Hartamas Capital Market is a team of dedicated professional focuses solely on the selling of lands across Malaysia.

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