Circular No 408/2020 
Dated 20 Nov 2020

To Members of the Malaysian Bar

Updates on Land Transaction Procedures in Selangor and 
Kuala Lumpur due to CMCO

This circular seeks to summarise and update Members on the current restrictions in carrying out transactions at some of the land registries and land offices in Selangor and Kuala Lumpur, in light of the implementation of the Conditional Movement Control Order (“CMCO”).

(1) Kuala Lumpur 

(a) The Federal Territories Director of Land and Mines Office Kuala Lumpur (Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan) (“PPTG WPKL”) had closed its office for sanitisation of its premises from 12 Nov 2020 until 20 Nov 2020.  Please refer to Circular No 398/2020.

(b) We have now received notice that the closure will be extended to 24 Nov 2020 (Tuesday).  The letter from PPTG WPKL is available here (see page 3 and 4) for your reference.

(c) Online services through the e-Tanah portal may continue to be used.

(2) Sepang

The premises of the Unit Pendaftaran, Bahagian Tanah, Pejabat Daerah / Tanah Sepang was closed from 9 Nov 2020 until 20 Nov 2020 (Friday) for sanitisation works.  Please refer to Circular No 400/2020.

(3) Shah Alam 

Current restrictions in carrying out transactions set by the Pejabat Tanah dan Galian Selangor (“PTG Selangor”) are as per Circular No 345 /2020.  In brief:

(a) Transactions are carried out only via the Smartbox.

(b) Payment is made online and documents are then deposited into the Smartbox for registration.

(c) A presentation receipt will later be generated and emailed to the user.

(d) During the CMCO period, only 300 transactions are accepted for payment on each business day.  The limit is not applicable to private and official land searches.

(4) Petaling

There is a limitation of five presentations that can be submitted by a firm in a day.  Please refer to Selangor Bar Committee’s circular here.

Since the imposition of the Movement Control Order in March 2020, the Bar Council Conveyancing Practice Committee (“CPC”) has taken note of the difficulties that Members have faced in carrying out transactions at the various land registries and land offices in Selangor and Kuala Lumpur.

The restrictions imposed by PTG Selangor, in particular, have resulted in many complaints from Members.  CPC notes that the Selangor Bar Committee has been actively engaging PTG Selangor to resolve the issues, as these arise within their jurisdiction.  For that reason, Members who have filed complaints with CPC have been redirected to the Selangor Bar Committee for assistance.

Notwithstanding, recognising that Members in Kuala Lumpur and other states are just as affected by the restrictions, CPC had also reached out to Members and PTG Selangor in an effort to improve the situation.  Circular No 270/2020 was issued to solicit feedback from Members on the Smartbox system.  In cooperation with the PEMUDAH Technical Working Group on Registering Property (“PEMUDAH TWGRP”) and other stakeholders, CPC held meetings with PTG Selangor or, participated in meetings where the PTG Selangor representative was present.  Meetings were held on 19 May 2020, 9 June 2020, 2 Sept 2020 and 23 Sept 2020.  Circular No 327/2020 was issued to inform Members about the issues that were discussed at the 23 Sept 2020 meeting.

The meetings have been cordial, as each party recognises what the other parties require, as well as the complaints in the handling of land transactions, while also understanding that the procedures required by the Ministry of Health and the implementation of the various movement control orders, have imposed unavoidable constraints.

CPC continues to engage with PTG Selangor and the federal land authorities to explore solutions to the challenges faced by Members in carrying out land transactions in view of the operational restrictions imposed.

As land office and land registry practices and procedures in Selangor and Kuala Lumpur affect Members of both the Selangor Bar and the Kuala Lumpur Bar in equal measure, CPC has since September, initiated the formation of a joint working group to tackle matters relating to land offices and land registries in Selangor and Kuala Lumpur.  The Kuala Lumpur Bar Committee has agreed to the formation of this group, which will be formed upon agreement by the Selangor Bar Committee.  It is hoped that the joint working group will be able to tackle such issues in a holistic manner.

Thank you.

Nitin Kumar Gordhan and Chiah Kim Chai 
Co-Chairpersons 
Conveyancing Practice Committee

Please click here to view the full circular on our website, or here to view it on our Facebook page.