Strata Property Transfers
Transfers of apartments, condominiums and strata shoplots, including dealings with the management body and the developer.
A strata transfer brings in two extra parties compared with landed property: the management body, and the developer where the strata title has not been issued. Arrears of maintenance charges and the management body's statement are what most often hold the matter up.
A strata transfer follows the same process as landed property, but with two extra parties who can slow it down: the management body, and the developer where the strata title has not been issued.
The maintenance account statement
Before a transfer, a statement from the management body is needed to confirm whether maintenance charges and sinking fund contributions are in arrears. Large arrears discovered in the final week are what turn completion into a pressured negotiation.
We ask for the statement early so the figure is known before the completion date is fixed.
Where the strata title has not issued
For projects where individual strata titles have not yet been issued, the transaction is done by assignment with the developer’s consent. This is not unusual, but the documents, steps and costs differ from a direct transfer.
After the title issues
When the strata title is finally issued, an owner who bought earlier has to perfect the transfer into their own name, and if the unit is charged, the charge is perfected at the same time. Many owners leave it until they want to sell, at which point it delays the sale.
What your lawyer handles
- Official search of the strata title and review of restrictions
- Obtaining the maintenance and sinking fund account statement
- Dealing with the management body for the confirmations required
- Obtaining developer consent where the strata title has not been issued
- Preparing the transfer documents and attending to stamping
- Registering the transfer at the land office
Documents you need to prepare
- Copies of the buyer's and seller's identity cards
- Copy of the strata title, or the original agreement where no title has issued
- A current maintenance account statement
- Assessment and quit rent receipts
- Loan offer letter where the purchase is financed
Costs people often overlook
- Legal fees under the Solicitors Remuneration Order 2023
- Transfer stamp duty
- Land office registration fees
- Arrears of maintenance charges that must be settled
- Service tax of 8% on legal fees
When to stop and get advice first
- Large arrears of maintenance charges discovered only at the final stage
- A management body that is slow or inactive in issuing statements
- A strata title still in the developer's name
- Units altered without the management body's approval
- A short unexpired lease on an older building
Frequently asked questions
The strata title has not issued. Can it be sold?
Yes, but the transaction is by assignment with the developer's consent rather than a direct transfer. The steps and costs differ.
Who settles arrears of maintenance charges?
They are usually settled out of the sale proceeds at completion. What matters is that the amount is confirmed early.
How long does the management body take?
It varies. We request the statement as early as possible because this is among the most common causes of delay.
Is the management body's approval needed to sell?
Confirmation on the account is needed. Other restrictions depend on the building documents and the conditions on the title.
Ready to start your property matter?
An initial consultation with no obligation. Tell us about your matter and we will explain what is involved and what it is likely to cost.
No. 4, Jalan Setia Impian U13/3D, Setia Impian 3, Seksyen U13, Setia Alam, 40170 Shah Alam, Selangor
014-9723468 · 014-4004293 · Monday to Friday, 9:00am to 6:00pm