Primary-Developer
Some important aspects for House Buyers
Before you decide to buy a house, you must ascertain that the housing developer:
- has obtained a valid Developer's Licence; and
- a valid Sales & Advertising Permit.
* Checks may be done through the Ministry website, www.kpkt.gov.my, or through the Housing Developers Licensing Division at 03-8891 5000.
Financial Capability of House Buyers
Before making any payment, please ensure:
- Loan eligibility and loan amount obtainable (partial or full)
- If you fail to obtain the loan amount required from the bank, are you prepared to pay the differential sum?
* The banking system implements the Customer Credit Report Information System (CCRIS). All existing loan would be taken into consideration in your loan application.
* Once the bank releases progressive payments to the developer, you would be charged monthly interest on the amount released.
Location of Project
Please ensure:
- Location of project
- Layout Plan has been approved
Checks can be made with the relevant Local Authorities
Tenure of Land
- Freehold
- Leasehold - check the expiry date of the lease
- Malay reserved
* You may conduct a search at the Land Office or the State PTG.
Information on the Brochure
Please ensure the brochure contains the following information:
- Developer's License and its validity period;
- Advertisement and Sales Permit and its validity period;
- Name and address of the:
- Licensed housing developer;
- Authorised agent, if any;
- Holder of the Power of Attorney, if any; and
- Project management company, if any.
- Tenure of land:
- Freehold;
- Leasehold - check the expiry of lease; and
- Encumbrances - whether the land is being charged to the bank for financing.
- Description of the property:
- Specifications on building materials;
- Building area; and
- Facilities /amenities.
- Name of project, if any.
- Expected date of completion.
- Selling price for each type of house.
- Number of units for each type of house, and
- Name of Local Authority approving the Building Plans and its reference number.
Reminder Prior to Signing of Sale & Purchase Agreement (SPA)
House buyers must:
- Check that the SPA is the standard Schedule G (Land and Building) and Schedule H (Subdivided Building) under the Housing Development (Control and Licensing) Regulations 1989.
- Read and understand the contents of the SPA before signing it.
- Request that a lawyer explain the terms of the SPA.
- Sign the complete set of SPA instead of separate pages.
Reminder during Signing of SPA
Please be reminded that:
- SPA is provided free of charge by the developer.
- The first payment is 10% of the house purchase price. Ensure that the date of the receipt and the date of the SPA is the same.
- House buyers may choose to appoint their own lawyer.
Conditions and Rights of House Buyers Upon Vacant Possession (VP)
- Ensure that the property is free from encumbrances upon delivery of VP.
- If the land or property is still charged to a financial institution, developer must settle the balance amount before delivering VP to house buyers.
- Conditions to be fulfilled:
- Under CCC Circumstances
Certification by the architect to verify that:
- Property is completed
- Water and electricity is ready for connection
* VP will be delivered to the purchaser once CCC is issued by the Principal Submitting Person (PSP)
- Under CFO Circumstances
Developer must also apply for:
- CFO through the submission of Form E * CFO
- Local Authority has issued an acknowledgement that Form E has in fact been received and verified by the Local Authority
* Form E is the application submitted by the developer's Architect to the Local Authority for the issuance of CFO.
- House buyers can only occupy the property upon issuance of CFO/CCC. Renovation works can only be carried out after obtaining CFO/CCC and provided that the renovation plans have been approved by Local Authority.
- Record any defects on the property and submit the complaint form to the developer for rectification works. Please keep a copy for own record.
- House buyers have a right to claim for Liquidated Ascertain Damages (LAD) for delayed delivery of vacant possession.
Sales and Purchase Agreement
The Sales and Purchase agreement (SPA) is an agreement for property transactions which signifies that the Vendor agrees to sell and the Purchaser agrees to purchase, based on the terms and conditions contained in the agreement.
If you are buying a landed residential property (i.e. bungalow or terrace houses) which is under construction from a developer, then the developer must adopt the standard agreement under Schedule G of the Housing Development (Control & Licensing) Regulations 1989.
And if you are buying a residential unit in a subdivided building (e.g. flat, condominium, apartment, landed strata or town houses) which is under construction from a developer, then the developer must adopt the standard agreement under Schedule H of the same regulation.
The developer has no liberty to remove the protection given to purchaser in the standard agreement. Any terms inserted by developer to change the agreement is null and void.
The Schedule G and H are not applicable to commercial property.
- Click here Schedule G (landed property)
- Click here to download Schedule H (stratified building)
Tribunal for Home Buyers' Claim
The Tribunal for Homebuyers' Claim was established in 2002 to enable home buyers file claims against any problem related to housing. The Tribunal provides an avenue for house purchasers to make claims with minimum expenses.
Please click here for more information on Tribunal for Home Buyers Claim.
MyHome Scheme
MyHome Scheme was announced by the Honourable Prime Minister, Dato' Sri Mohd Najib bin Tun Abdul Razak in Budget 2013. The Scheme is an effort by the Government to encourage private developers to build more affordable homes. MyHome scheme offers incentives of RM30,000 for each affordable housing unit built which will benefit both home buyers and developers.
For this purpose, the Government has allocated RM300 million for the building of 10,000 units of affordable housing in Malaysia in 2014.
Please click here for more information on MyHome Scheme.
PR1MA
Perbadanan PR1MA Malaysia was established under the PR1MA Act 2012 to plan, develop, construct and maintain high-quality housing with lifestyle concepts for middle-income households in key urban centres.
Priced between RM100, 000 to RM400,000, PR1MA homes come in various types and sizes within an integrated community; sensibly designed to suit different household needs. PR1MA is earmarked for development in key strategic urban areas nationwide and is open to all eligible Malaysians.
Eligibility:
- must be a Malaysian citizen;
- single or married, aged 21 and above;
- individual or combined household income (husband and wife) between RM2, 500 to RM7, 500; and possesses no more than 1 property (either applicant or the spouse), if any.
Please click herefor more information on PR1MA.