Strata & Building Management
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.
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. |
Check the strata plan, not the brochure
The question here is it depends on whether the bay is on the same title as the unit — which is a legal question before it is a banking one. The Strata Titles Act treats accessory parcels strictly, which is why so many informal parking deals are unenforceable.
Status first, financing second
The useful sequence is legal then financial, and owners usually do it the other way round. A bay is either an accessory parcel shown on the approved strata plan as appurtenant to a particular principal parcel, or it is common property under s.4 of Act 318 — defined as whatever is not comprised in any parcel or accessory parcel. Only the first of those is something an individual owner holds, and only something an owner holds can be part of what a lender takes security over.
Why an accessory parcel travels with the unit
Section 69 of the Strata Titles Act 1985 restricts any dealing with an accessory parcel independently of the principal parcel to which it was made appurtenant, and s.34(2) prohibits dealing with or disposing of any rights in it separately. The practical effect is that the bay cannot be split off — not sold on its own, not transferred on its own, and not charged on its own. It belongs to the parcel, so it comes within the security when the parcel is charged.
What to confirm before you pay for the bay
Get the approved strata plan and the schedule in the SPA, and confirm in writing that the bay is an accessory parcel appurtenant to your parcel, identified by number. If it is, the bay is part of what you are buying and part of what is charged. If the answer is that it is a common-property bay being allocated to you, then you are buying a right of use granted by the management body, not an interest in land — a very different thing to be paying a capital sum for, and worth raising with your lawyer before you do.
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
Answer the legal question before the banking one. If the bay is an accessory parcel appurtenant to your unit on the approved strata plan, it moves with the unit — ss.69 and 34(2) restrict any dealing with it independently — so it forms part of what the charge over the parcel covers. If it is common property, no individual owner holds it at all, and there is nothing for a lender to take security over.
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| 1 | Confirm from the approved strata plan whether the bay is an accessory parcel, and to which parcel it is appurtenant. |
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| 2 | Get that confirmation in writing, with the accessory parcel number, before paying. |
| 3 | Remember ss.69 and 34(2) prevent an accessory parcel from being dealt with separately from its principal parcel. |
| 4 | If you are told it is a common-property bay allocated to you, understand you are buying a right of use, not an interest in land. |
| 5 | Raise the distinction with your conveyancing lawyer before signing. |
Common questions
Can I include an extra car park bay in my housing loan?
It depends on whether the bay is an accessory parcel appurtenant to your parcel on the approved strata plan. An accessory parcel travels with the parcel, so it falls within what a charge over the parcel covers.
Can a bank take the bay as separate security?
Not independently of the principal parcel. Sections 69 and 34(2) of the Strata Titles Act 1985 restrict any dealing with an accessory parcel apart from the parcel it is appurtenant to.
The developer is selling me a bay but it is not on the strata plan. What am I buying?
If it is not an accessory parcel, it is common property, which no individual owner holds. Ask in writing what right you are acquiring and under what authority before paying.
How do I confirm the status?
From the approved strata plan and the schedule in your sale and purchase agreement, which should identify the accessory parcel by number.
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.
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.
Lewis Conclusion
Ask for the strata plan and the SPA schedule before you pay, and get the answer in writing. Every parking dispute I have seen started with a buyer who was told verbally which bay was theirs and never checked which category it fell into.
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.
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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Confirm from the approved strata plan whether the bay is an accessory parcel, and to which parcel it is appurtenant.
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Get that confirmation in writing, with the accessory parcel number, before paying.
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Remember ss.69 and 34(2) prevent an accessory parcel from being dealt with separately from its principal parcel.
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If you are told it is a common-property bay allocated to you, understand you are buying a right of use, not an interest in land.