Resource information
Main object of the Code is to ensure uniformity of law and policy with respect to land tenure, registration of titles relating to land, transfer of land, leases and charges in respect of land, easements and other rights and interests in land. To these ends, the Code introduces in the form of a National Code a uniform system within the States of Johore, Kedah, Kelantan, Malacca, Negri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Trengganu.The text consists of the following Divisions: Introductory (I); Disposal of Land (II); Alienated Lands: Incidents and Registration of Title (III); Alienated Lands: Dealings (IV); Alienated Lands: Supplemental (V); General and Miscellaneous (VI).Part 1 states the coming into force of the Computerized Land Registration System in any land Registry. As far as administration of land is concerned, the Code establishes the powers of the Federation and of federal officers, powers of the States and of State officers, as well as provisions relating to enquiries to be carried out by the Land Administrator (i.e., the State Director, the Registrar and any other person required or empowered to hold an enquiry). Part 3, regarding the rights and powers of the State Authority, deals with the following specific matters: property of land and powers of disposal, classification and use of land, rights of access to, and use of, alienated lands, disposal otherwise than by alienation, temporary occupation of land, removal of rock material. Further provisions regulate the alienation of State land by alienation by the State Authority; the payment and revision of rent; the determination, duration of, and the changes in conditions and restrictions in interest. Specific conditions are established for the different land categories (agriculture, building, industry, padi). Moreover, the Code sets out (a) the cases of, and the procedure for the variation of conditions, restrictions and categories, (b) the cases in which enforcement measures as well as the forfeiture of land should be ordered by the State Authority, (c) the procedure for the sub-division, partition and amalgamation of land with approval of the State Director or Land Administrator. The Code establishes the legal regime of land titles. Division IV ("Alienated Lands: Dealings") concerns inter alia, the following: (a) transfers of land, undivided shares, leases and charges, exempt tenancies; (b) leases and tenancies; (c) charges and liens, easements, registration of dealings, restraints on dealing. Division V deals with several matters, such as co-proprietorship and trusts, transmission on death and bankruptcy, reversion in absence of proprietor, re-survey of land having natural boundaries, sub-divided buildings, Land Administrator's rights of way, survey, jurisdiction of the Court, power of investigation, powers of arrest and seizure and penalties, service and publication of notices, restrictions in respect of non-citizens and foreign companies. etc. The Code is completed by 14 Schedules containing forms, repeals and additional implied conditions for land alienated before the commencement of the Code.
Implemented by: Federal Territory of Putrajaya Land Rules 2002 (2002)
Implemented by: National Land Code (Underground Land) (Minimum Depth) Regulations, 2006. (2006)
Implemented by: Federal Territory of Kuala Lumpur Land Rules 1995, No. 26. (1995-01-01)
Amended by: National Land Code (Amendment) Act 2001 (2001-06-13)
Amended by: National Land Code (Amendment) Act, 2008. (2008-01-24)
