Strata & Building Management
Is your car park bay yours? Accessory parcel, common property or separate title
Section 4 of the Strata Titles Act 1985 defines an accessory parcel as a parcel shown in a strata plan used or intended to be used in conjunction with a parcel. That single classification decides whether the bay is yours, the scheme's, or the developer's — and the strata plan is where you check.
Quick summary
Quick answer
Best for
Risk level
Buyer action
| Best for | Buyers checking what parking they are actually getting, and owners in a dispute over a bay. |
|---|---|
| Risk level | Medium |
| Buyer action | Send Lewis your building name, the charge you pay and what you are trying to decide, and he will tell you what to check first. |
What you actually bought
This post works through three legal statuses, three completely different sets of rights. The SPA and the strata plan tell you which one you bought. A car park bay can be three different legal things, and each one gives you a different set of rights.
What an accessory parcel is
Section 4 of the Strata Titles Act 1985 defines an accessory parcel as any parcel shown in a strata plan which is used, or intended to be used, in conjunction with a parcel. A car park bay is the most common example, but the same category covers a store room or an air-conditioner ledge. The critical word is shown: an accessory parcel exists because it appears on the approved strata plan as appurtenant to a particular principal parcel. It is not created by a letter from the developer, a sticker on the wall, or years of undisturbed use.
Or it is common property, which is a different thing entirely
If the bay is not shown as an accessory parcel, it falls into the residual category: common property, being so much of the lot as is not comprised in any parcel or accessory parcel. That means it is owned collectively and its use is controlled by the management body — which has powers to lease or rent common property and to regulate parking through additional by-laws. The practical consequence is that a bay you have used for ten years may still not be yours, and the scheme may lawfully reallocate it.
How to find out which one you have
Two documents answer it. The approved strata plan shows accessory parcels and the principal parcels they are appurtenant to. Your sale and purchase agreement schedule should identify the accessory parcel by its number. If the plan shows the bay as an accessory parcel tied to your unit, you hold it as part of your parcel. If it does not appear there, treat it as common property until someone shows you otherwise, and ask the management body in writing what resolution governs its allocation.
Verify this against your own building
Get the strata plan and your SPA schedule and confirm in writing which bays are accessory parcels tied to your unit. Do this before you pay, not when you try to sell.
Buyer checklist
A bay can be an accessory parcel appurtenant to your unit, or it can be common property. If it is an accessory parcel, it is shown as such on the approved strata plan and tied to your principal parcel. If it is common property, it belongs to all the proprietors collectively and the management body controls its allocation under its leasing and by-law powers.
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| 1 | Get the approved strata plan and check whether the bay is shown as an accessory parcel. |
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| 2 | Check your SPA schedule for the accessory parcel number tied to your unit. |
| 3 | Do not rely on a developer's letter, a painted number or long use — the plan governs. |
| 4 | If the bay is not on the plan as an accessory parcel, treat it as common property. |
| 5 | Ask the management body in writing which resolution or by-law governs allocation of common-property bays. |
Common questions
What is an accessory parcel?
Under s.4 of the Strata Titles Act 1985, any parcel shown in a strata plan which is used or intended to be used in conjunction with a parcel — most commonly a car park bay or store room.
How do I know if my bay is an accessory parcel?
Check the approved strata plan and your SPA schedule. An accessory parcel is shown on the plan as appurtenant to a particular principal parcel.
I have used the same bay for years. Does that make it mine?
No. An accessory parcel exists because it is shown as one on the approved strata plan. Long use of a common-property bay does not convert it.
What if the bay is common property?
It is owned collectively by the proprietors, and its allocation is controlled by the management body under its powers to lease common property and to make additional by-laws regulating parking.
Lewis Chong
REN 69566 · IQI GlobalProperty advisor helping KL, JB, and Penang buyers make data-backed property decisions.
Related reading
Use one buyer framework across different news.
Can you sell or rent out your car park bay separately from your unit?
Section 69 of the Strata Titles Act 1985 restricts any dealing with an accessory parcel independently of the principal parcel it is appurtenant to, and s.34(2) prohibits dealing with or disposing of rights in an accessory parcel separately from its principal parcel. That is why so many private car park deals are unenforceable.
Lewis Conclusion
A private arrangement between two owners can be perfectly friendly and still be unenforceable. If you are paying a neighbour for the use of their accessory parcel, understand that you are buying goodwill, not a right — and that it ends the day either unit changes hands.
Buying an extra bay: can it go into your housing loan?
Whether a bay can be financed with the housing loan follows from its legal status. An accessory parcel is tied to the principal parcel by ss.69 and 34(2) of Act 318 and cannot be dealt with separately — which is what makes it financeable with the unit rather than on its own.
Lewis Conclusion
Before you agree to buy an extra bay, ask the developer or seller one question in writing: is it an accessory parcel on the approved strata plan, appurtenant to which parcel? The financing question answers itself once you have that.
How your maintenance charge is actually calculated — share units, not floor area
Malaysian maintenance charges are apportioned by allocated share units under the Strata Management Act 2013, not by floor area — s.8(1) sends the computation to the First Schedule, and s.12(3), s.25(3) and s.60(3) apply it through the developer, JMB and MC periods. Here is how to read your own bill and when a different rate is lawful.
Lewis Conclusion
If you only remember one thing: ask for your share unit figure, not your square footage. It is the number that sets your bill and your vote for as long as you own the unit, and it is printed on documents you are entitled to see.
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Get the approved strata plan and check whether the bay is shown as an accessory parcel.
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Check your SPA schedule for the accessory parcel number tied to your unit.
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Do not rely on a developer's letter, a painted number or long use — the plan governs.
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If the bay is not on the plan as an accessory parcel, treat it as common property.