Back to
Main Content
Housing Developer' Corner Legislation
Others End of this
page
Before you make any decision for buying a house, please ensure that:
The Sale and Purchase Agreement (S&P) must be using the standard Form G and Form H as specified in the Housing Developers (Control and Licensing) Regulations, 1998.
First Payment
Upon signing of Sale and Purchase Agreement, the buyer must paid the first payment of 5% of the price of the house to the developer. Make sure that the date of signing of the Sale and Purchase Agreement and the date of the first payment is the same.
Termination of Sale and Purchase Agreement
To be aware that failing to make the progressive payment or interest charged on late payment for a period of more than 14 days, the developer have the right to cancel the Sale and Purchase Agreement. The developer have to give a registered written notice not less than 14 days to the buyer the intention to cancel the Sale and Purchase Agreement.
Architect Certificate
Make sure that whatever payment/instalment to the developer is supported by the Certificate duly signed by the Architect or Engineer.
Interest on Late Payment
If the buyer or end financier for the buyer fail to pay the developer the progressive payment/instalment within 14 days from the date of the writen notice from the developer, the buyer will be charged with an interest of 10% per annum on day to day basis on the instalment that is not paid.
Payment for Serivce Rendered
The buyers have to pay for services like collection for rubbish, cleaning of public drains, cutting of grasses by the road side etc. effective vacant possession of the landed property and for sub-divided building until strata title is obtained and a Management Corporation is formed.
Payment for Land Assessment, Taxes and others
As from the date of execution of the memorandum of transfer of property or handing over of vacant possession (whichever is earlier), the buyer is responsible for payment of land assessment, rate, taxes and other charges in connection with the property that he purchase.
Vacant possession of the building completed with water and electricity supply that is ready for connection have to hand over to the purchasers within 24 calender months from the date of signing of the Sale and Purchase Agreement for landed property and 36 calender months for sub-divided building.
Possession or Occupation of Property
Upon the issuance of the Certificate of Fitness for Occupation (CFO) from the Appropriate Authorities, the purchaser shall then occupy the said property. Any modification, renovation can only be done after obtaining CFO and approval of building plan from the Appropriate Authorities.
Payment by Developer in default of Handing Over of Vacant Possession
If the developer fails to hand over vacant possession of the building within 24 calender months from the date of executing the Sale and Purchase Agreement for the landed property, the developer is to pay the buyer month such sum as stated below:
1. Terrace
| (a) Single Storey | RM300.00 per month |
| (b) Double Storey | RM400.00 per month |
| (c) Others | RM400.00 per month |
2. Semi Detached
| (a) Single Storey | RM400.00 per month |
| (b) Double Storey | RM500.00 per month |
| (c) Others | RM500.00 per month |
3. Detached
| (a) Single Storey | RM600.00 per month |
| (b) Double Storey | RM800.00 per month |
| (c) Others | RM800.00 per month |
In the case of the sub-divided building whereby the developer fail to hand over the vacant possession within 36 calendar months, the developer is to pay the buyer a sum based on day by day basis with the rate of 10% per anum of the selling price of the property.
Defect Liability Period
If any defects, shrinkage or other faults occurs within the period of 6 calendar months after the date when the buyer takes possesion of the property, the buyer can request the developer to repair or make good without making any payment to the developer.
Setting Up of the Management Corporation for the Sub-Divided Building
A Management Corporation will be refered by
the buyers upon handing over and transfer of the individual Strata Title
for each Parcel to the buyers.
In addition to the functions as spell out
in the Form H, the Management Corporation is also responsible for insurance
and maintenance of the building.
Other
Related Site
Sarawak
Housing & Development Commission
Ministry of Housing
and Local Government, Malaysia
For
More information please contact the following address:
Ministry
of Housing,
5th
Floor, Wisma Perumahan,
Jalan
Sultan Tengah, Taman Sukma,
Petra
Jaya,
93050
Kuching, Sarawak,
EAST
MALAYSIA.
Tel:
082-445839/447289/441324/441320
Fax:
082-444525/443148
E-mail:
perumah@po.jaring.my
or kpkg@sarawaknet.gov.my