What Is the Commissioner of Buildings (COB) in Malaysia? Role and Functions

The Commissioner of Buildings, usually called the COB, is the public authority responsible for administering the Strata Management Act 2013 (Act 757) within the area for which the officer is appointed. The COB supervises how strata developments are managed, but it is not a substitute for the Strata Management Tribunal or the courts. Whether the COB can intervene in a problem depends on the specific power the Act gives it.

What does "COB" mean in Malaysian strata management?

COB stands for Commissioner of Buildings.

Strata developments such as condominiums, apartments and gated strata landed schemes need an authority that can supervise the statutory management framework. That framework covers the move from developer management to a Joint Management Body (JMB), and later to a Management Corporation (MC) once strata titles have been issued and the statutory conditions are met.

The Strata Management Act 2013 came into force on 1 June 2015 and replaced the earlier Building and Common Property (Maintenance and Management) Act 2007 (Act 663). It applies in Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan. Section 4 of the Act places administration of the framework under the Commissioner.

In practice, the COB unit is usually located within the local authority for the area, although the precise appointment is made by Gazette notification.

How is the Commissioner of Buildings appointed?

Section 4 of the Strata Management Act 2013 allows the State Authority to appoint an officer as Commissioner of Buildings for a local-authority area or another specified area. Deputy Commissioners and other officers may also be appointed. The appointment is made by notification in the Gazette.

The Act also allows the Commissioner to delegate powers or functions in writing to a public officer or an officer of a local authority, except the power of delegation itself.

This is why a strata owner will usually deal with officers in the COB unit rather than personally with the person who holds the office of Commissioner.

What is the main role of the COB?

The COB's central role is to administer and enforce the statutory strata-management framework, within the powers given by law.

That role is wider than handling complaints. Depending on the issue and the relevant provision, the COB may be involved in:

• the establishment and operation of a JMB;

• the transition to an MC;

• statutory meetings and management committees;

• accounts and financial records of management bodies;

• appointment of a managing agent in circumstances allowed by the Act;

• recovery mechanisms for unpaid charges that require COB involvement;

• investigation and enforcement under the Act; and

• other matters expressly given to the Commissioner by the Act or its regulations.

The important point is that the COB does not have a free-standing power to decide every strata dispute. Each power must come from the Act or another written law.

Can the COB inspect JMB or MC accounts?

Yes. The Act gives the Commissioner supervisory powers over management-body accounts.

The Commissioner, or a person authorised in writing, may have access to the accounts and accounting records of a JMB or MC and make copies or extracts. The Act also allows the Commissioner to appoint an approved company auditor to investigate specified accounts and records.

This is why owners and committee members may approach the COB when a concern involves the statutory management, accounting or governance obligations of a management body, rather than a purely private disagreement.

Be specific when you raise the issue. A general allegation that "the accounts are wrong" is far less useful than a clear complaint supported by financial statements, meeting minutes, invoices, resolutions or correspondence.

Can the COB appoint a managing agent?

Yes, in the circumstances set out in the Act.

Part VI of the Strata Management Act 2013 gives the Commissioner power to appoint a managing agent where the statutory conditions are met. One example is where, after due inquiry, the Commissioner is satisfied that a developer, JMB, MC or subsidiary MC is not carrying out the maintenance and management of the building, land or common property satisfactorily.

A managing agent appointed this way performs the relevant management functions within the statutory framework and subject to the Commissioner's general directions.

This is a significant intervention. It is different from a JMB or MC voluntarily engaging a property-management company under its own contractual powers.

Can the COB direct an extraordinary general meeting?

The Act gives the Commissioner powers connected with certain general meetings.

For example, the Second Schedule to the Act provides for an MC's management committee to convene an extraordinary general meeting on receiving a written direction from the Commissioner. Where the statutory circumstances are satisfied, the Commissioner may also authorise another person to convene the meeting.

This can matter when governance has broken down, a committee has not been properly constituted, or the statutory meeting process is not working as required. The exact route depends on whether the body is a JMB, MC or another statutory management body, and on the applicable provisions.

What role does the COB have in unpaid maintenance charges?

The COB can also be relevant to the recovery of unpaid strata charges.

Management bodies have statutory mechanisms to recover outstanding charges. One of them is an application for a warrant of attachment against the movable property of a defaulting parcel owner or proprietor, and that process involves the Commissioner.

This is separate from other recovery routes, such as a claim at the Strata Management Tribunal or civil proceedings in court.

Because the requirements differ by management body, debt and recovery method, JMBs and MCs should not treat these remedies as interchangeable. Check the required statutory notice, form and sequence before taking action.

Is the COB the same as the Strata Management Tribunal?

No.

The COB is an administrative and enforcement authority under the Strata Management Act 2013.

The Strata Management Tribunal is a dispute-resolution body established under Part IX of the Act. It hears claims within its jurisdiction and makes binding awards.

Some problems start with the COB and later become a Tribunal claim. Others go straight to a claim. The right path depends on the remedy you need. Read more in our guide to the Strata Management Tribunal.

When should a strata owner consider contacting the COB?

You may consider contacting the COB unit where the issue concerns administration or enforcement of the strata-management framework, for example:

• uncertainty over whether a JMB or MC has been properly constituted;

• failure to hold a meeting required by the Act;

• concerns about management accounts or records that engage the Commissioner's supervisory powers;

• serious management failure that may justify statutory intervention;

• questions about a statutory notice, form or procedure administered through the COB;

• a warrant-of-attachment process for unpaid charges; or

• another matter for which the Act expressly gives the Commissioner a function.

Before approaching the COB, set out the facts in date order and gather the documents: AGM or EGM notices, minutes, resolutions, correspondence, accounts, invoices, notices of demand, house rules and documents identifying your parcel and the management body.

What the COB cannot simply do

It is equally important to understand the limits of the office. The COB does not automatically have power to:

• decide every private dispute between owners;

• award damages because a party says it has suffered loss;

• decide ownership of land or a parcel;

• replace the Tribunal or the court where the law gives the dispute to those forums; or

• exercise powers that are not found in the Act or another written law.

The Federal Court made this point in Badan Pengurusan Bersama Paradesa Rustika v Sri Damansara Sdn Bhd, a case decided under the earlier 2007 Act. A JMB sought to rely on the Commissioner's decision that a developer owed it a sum of money. The Court held that the Commissioner had no jurisdiction under that Act to decide the sum, and that the parties' consent could not give the Commissioner a power the Act had not conferred.

The 2007 Act has since been replaced, but the lesson still applies: identify the specific statutory provision before assuming the COB can make the decision or grant the remedy you want.

COB, JMB and MC: who does what?

These terms are often confused.

Joint Management Body (JMB)

A JMB is a statutory management body that generally operates in the period before the management corporation takes over management under the strata-title framework.

Management Corporation (MC)

The MC is the statutory body made up of all the proprietors. It comes into existence under the strata-title regime and takes over the management responsibilities. Learn more about strata titles and why they matter.

Commissioner of Buildings (COB)

The COB does not manage the property day to day. It administers the statutory framework and exercises the specific supervisory, enforcement and intervention powers given by law.

What should you prepare before raising an issue with the COB?

Prepare a short file containing:

1. the name and address of the strata development;

2. your parcel number and whether you are a proprietor, purchaser or other interested party;

3. the name of the JMB, MC or managing agent involved;

4. a short chronology of what happened;

5. the exact decision or action you want the COB to take;

6. the relevant notices, minutes, accounts or correspondence; and

7. any statutory provision or form you believe is relevant, if you know it.

If you are unsure whether the COB, the Tribunal or the court is the right forum, get advice on the remedy first rather than filing the same complaint everywhere.

How ASCOLAW can help

ASCOLAW can help you assess a strata-management problem and identify the appropriate legal route. Depending on the facts, this may include:

• reviewing JMB or MC documents;

• identifying the relevant provision of the Strata Management Act 2013;

• advising whether the matter should first be raised with the COB;

• assessing whether a Tribunal claim is available;

• advising a JMB or MC on recovering outstanding charges; or

• considering whether court proceedings or another remedy are needed.

Fill in the ASCOLAW enquiry form below with the name of the development, your role (owner, purchaser, JMB or MC), a short summary of the issue and the remedy you are looking for, and we will contact you about the next step.

Frequently asked questions

Is the COB part of the local council?

COB units usually operate through the local authority, but the legal authority comes from the appointment made under section 4 of the Strata Management Act 2013 and the Gazette notification. Check the administrative arrangement for your area.

Can the COB remove a JMB or MC committee?

Do not assume the COB has a general power to remove a whole committee because owners are unhappy. What the COB can do depends on the specific provision and the facts. In some situations the Act allows the Commissioner to direct or facilitate meetings or appoint a managing agent, but other disputes need Tribunal or court proceedings.

Can the COB recover unpaid maintenance charges?

The Act gives management bodies statutory recovery routes and gives the Commissioner a role in some of them, including the warrant-of-attachment process. Other routes include Tribunal claims and civil proceedings.

Is the COB the same as the Strata Management Tribunal?

No. The COB administers and enforces parts of the strata-management framework. The Tribunal hears and decides claims within its statutory jurisdiction.

Should I complain to the COB before filing at the Tribunal?

Not in every case. Some issues benefit from COB intervention first, while other claims fall directly within the Tribunal's jurisdiction. The right sequence depends on the remedy you need.

This article is general information only and is not legal advice for any particular strata dispute. The correct procedure depends on the management stage, the management body, the remedy sought, the location of the development and the current law. The Strata Management Act 2013 applies in Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan; Sabah and Sarawak have their own strata legislation. Get advice on your facts before taking action.

Related guides

• Strata Management Tribunal

• Process of JMB Collecting Outstanding Strata Maintenance Fees (FAQ)

• What Is a Strata Title and Why Is It Important for Homeowners?