On 22 May 2025, the Ministry of Land Management, Urban Planning and Construction (“MLMUPC“) issued Circular No. 001 on the Implementation of Procedures for the Registration of Private Units within Co-Owned Buildings Constructed Prior to 1979 and to 19 December 1997 (“Circular“). This Circular serves as a supplement to Prakas No. 050, dated 19 July 2024, and is intended to safeguard the legal ownership rights of private unit owners in such buildings, while also streamlining the associated formalities and administrative processes for MLMUPC officials.
This Update sets out a high-level summary of the key requirements outlined under the Circular.
- Principles
The registration of private units within co-owned buildings constructed prior to 1979 and to 19 December 1997 is based on the following two principles and in accordance with the procedures of systematic and sporadic registrations based on each village as an adjudication area:
- Registration of the land parcel on which the co-owned buildings sit.
- Registration of the private units within such co-owned buildings.
- Registration, Issuance of Certificates and Records Keeping of Land Parcel of Co-Owned Buildings
- Once the data collection on the land parcel and co-owned buildings is complete, the Administrative Committee of the adjudication area shall initiate the publication of the adjudication documents in accordance with the principles and procedures governing the preparation of cadastral plans and land registry books. Any objections or claims arising from the publication must be submitted to the Administrative Committee for review, investigation, and mediation. A formal record of the mediation process, along with a summary report on the outcomes of the publication must be prepared.
- Based on the results of the adjudication document publication and the adjudication decisions, the Cadastral Administration shall proceed with the registration and issuance of ownership certificates for co-owned buildings as follows:
- Land parcels that are not subject to dispute shall be registered in the land registry, and a certificate of ownership shall be issued accordingly. However, this certificate shall remain in the custody of the Cadastral Administration and shall not be released to any representatives or interested parties.
- Private units within a co-owned building that are not subject to dispute shall be registered in a separate registry, specifically established for private units of co-owned buildings of each village following the format used for land registry.
- Land parcels and private units of co-owned buildings that are subject to disputes shall be refrained from registration and retained for future resolution.
- Private units of co-owned buildings are intrinsically linked to the common areas. Ownership proportion shall be calculated as a percentage based on the size of the private units relative to the total area of the entire co-owned building regardless of priority of rights each owner may hold over their private unit of a specific floor.
- Owners of private units of co-owned buildings must submit the original certificate of ownership over immovable property (e.g., house) or other documentation evidencing legal possession of the immovable property over which the co-owned building is located, if available, to the Cadastral Administration in exchange for a certificate of ownership of private units of co-owned buildings.
- The original certificate of ownership over immovable property, or any other documentation evidencing lawful possession of the immovable property on which the co-owned building is located, shall be stamped as null and void, and kept at the Cadastral Administration.
If you have any queries on the above, please feel free to contact our team members who will be happy to assist.
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