News by Datuk Chang Kim Loong

It is not uncommon for a developer to impose, contracted or otherwise, administrative charges in giving its consent to any resale, transfer or assignment of rights for property purchase pending the issuance of a separate strata title.

Buying a property is the single biggest financial purchase and commitment that the average rakyat will make in his or her lifetime. Hence, the National House Buyers Association (HBA) can’t emphasise enough that careful thought and planning must be done before taking a housing loan to buy a property.

There seems to be an ongoing attempt at circumventing the Federal Court decision –through invoking a different provision in the HDA to allow the authorities to again extend the deadline for delivery of vacant possession or move the goalposts, thereby denying the house buyers their rights to receive their houses on time as stipulated in the sale and purchase agreements, and correspondingly their rights to receive liquidated ascertained damages (LAD) for such delays.  

The Housing and Local Government Ministry (KPKT) has recently introduced an online platform called Housing Integrated Management System (HIMS), a single-entry system to replace the existing BLESS, IDAMAN and e-Pemaju, all of which are now rendered redundant (pun intended).

A “sick housing project” is defined by the Housing and Local Government Ministry (KPKT)’s portal as one that has been delayed by more than 30% compared to its scheduled progress or one whose sale and purchase agreement (SPA) has lapsed.

The loan documentation is a tedious and complex process with every bank having its own drawdown requirements and processes. The following is a checklist (which varies from bank to bank) that conveyancing lawyers have to perform and undertake for the purchasers’ banks. 

Usually, when you decide to buy real property such as a house, apartment, condominium, shopoffice or land, you would probably consult a conveyancing lawyer, who could be recommended by the property agent or someone you know.

Previously, CGDB’s judicial review applications were heard on July 17, 2019, whereupon the High Court dismissed CGDB’s application for an Order for Certiorari to quash the Housing Tribunal awards granted to the buyers earlier.

Ever so often, when developers fail to complete their projects on time, they devise ways and means to avoid paying compensation for late delivery or liquidated ascertained damages (LAD) to their house buyers. 

The proposed Residential Tenancy Act (RTA) has been a hot topic of discussion since the year 2020 – which is unsurprising as Malaysia has never had any specific laws or acts governing landlords and tenants. The RTA is set to be tabled in the Parliament in Q1 2022 and the Malaysian government has been seeking feedback for the proposed enactment of the RTA through a one-month public consultation undertaken by the Ministry of Housing and Local Government (KPKT).