HOUSING DEVELOPERS' CORNER 


HOUSING DEVELOPER'S
(CONTROL AND LICENSING)
ORDINANCE, 1993
HOUSING DEVELOPER'S
(CONTROL AND LICENSING) REGULATIONS, 1998

 
HOUSING DEVELOPER'S
(CONTROL AND LICENSING) ORDINANCE, 1993

 
Introduction Objectives Applications Provision
Duties of Housing Developers Housing Development Account Back to
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Introduction  The Housing Developer's (Control And Licensing) Ordinance 1993 was enacted in November 1993. The Ordinance provides legislation to control and regulate housing development in the whole state of Sarawak and has been enforced for implementation on 1 January, 1999.
Objectives 
 
 
 

 

  1. To ensure that housing developers will build, complete and deliver the houses to the buyers within the stipulated time frames.
  2. To weed out the 'bad hats' in the housing industry and hence safeguard the interests and image of the bona fide developers.
  3. To enhance the orderly and healthy growth of the housing industry in the state.
  4. To instil and maintain the confidence of house buyers in the housing industry.
Applications 
 
 
 
 
 
 
 

 

The Ordinance applies to:
  1. Housing developers who carry out housing development involving more than eight units of housing accommodation (i.e. building intended either fully or partly for human habitation).
  2. Land owners who want to sell more than eight units of housing lots for the purpose of constructing housing accommodation.
  3. A licence is required for each housing development and where the development is carried out in phases, a licence is required for each phase.
Exemption is given to:
  1. Statutory bodies, either State or Federal owned, established by statute and are engaged in housing development. However, subsidiaries which are set up by statutory bodies under th Companies Act 1965 to undertake housing development are ecluded from this exemption.
  2. Any housing developer as decided by the Minister.
Provisions 
  1. The Minister can make regulations with regards to the Control and Licensing of Housing Developers.
  2. A Controller of Housing has been appointed to execute the implementation of the Ordinance.
  3. A housing developer can be use the words "Housing Developer" only when he is licensed.
  4. The Minister can direct the Controller to investigate into the affairs or accounting records of a Housing Developer.
  5. The Minister can appoint a new and capable Housing Developer to take over and complete a housing project which has been abandoned or left incomplete.
  6. A Housing Developer's Licence can be granted to a housing developer who:
    • Is financially sound and honet, and is not an undischarged bankrupt.
    • Is in possession of a development plan which has been approved by the local planning authority.
    • Has lodged with the Controller a deposit, either in cash or in the form of a bank guarantee, for the sum of RM100,000.00 or 5% of the work value, whihever is lesser; unless waived or varied by the Minister.
Duties of A Housing Developer A Housing Developer must:
  1. Exhibit at all times his company's latest audited balance sheets with regard to the housing development at his office and branch office.
  2. Exhibit at all times the names of the Board of Directors.
  3. Display a copy of the Housing Developer Licence and Advertisement and Sale Perimt at his office.
  4. Keep a proper account of all transaction with regards to the housing development.
  5. Submit to the Controller twice yearly the statement of the housing development, not later than 21st January and 21st July.
  6. Inform the Controller if he is likely to fall into difficulties.
Housing Development Account (HDA) Under situation (6) above, or in  cases where the Controller has reason to believe that the developer is likely to fall into diffiulties when carring out the housing development, the Controller shall direct the developer to open a Housing Development Account (HDA) with a bank or a finance company and deposit all monies due to the housing developer .into this account. The developer will have to comply with the order within 14 days and submit a certificate from the bank or finance company that the Account has been opened to th Controller.

 
HOUSING DEVELOPER'S
(CONTROL AND LICENSING) REGULATIONS, 1998

 
Introduction
Housing Developer Licence:
Guidelines on
Application  /  Renewal
Advertisement and Sale Permit:
Guidelines on
Application  /  Renewal
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Introduction The Housing Developers (Control & Licensing) Regulations, 1998 set out procedures on how to apply for a developer's licence as well as advertising and sales permits, on the form of sales contract to be used, on the administration of the Housing Development Account plus penalties for offenders.
Housing Developer's 
Licence
  • Important Notes
  1. Applications must be accompanied with all documents as requested together with fee/fees.
  2. Application with incomplete documents required for will be rejeted and send back for correction by the developers.

  3. All photostst documents submitted must be a certified true copy by Scale A officer of Government Servant, Magistrate, Commision of Oath and Advocate.
A licence is required for:
  • Housing developers who carry out housing development involving more than eight (8) units of housing accommodation (i.e. building intended either fully or partly for human habitation).
  • Land owners who want to sell more than eight units of housing lots for the purpose of constructing housing accommodation.
  • a licence is required for each housing development and where the development is carried out in phases, a licence is required for each phase.
Guidelines for Application of Housing Developer's Licence

An application for a housing developer's licence has to be made using Form A (RM1.00 per form), purchased from Ministry of Housing Sarawak addressed at 5th Floor, Wisma Perumahan, Taman Sukma, Jalan Sultan Tengah, Petra Jaya, 93050 Kuching.  The fees charged per annum are as follows:

  1. RM500.00 for a licence to develop between 9 - 20 housing units.
  2. RM1,000.00 for a licence to develop more than 20 housing units.
List  of documents to be submitted together with Form A:
  • a copy of land title;
  • a copy of an approval for conversion of the lands for building purpose and for the sub-division;
  • a copy of the agreement between the land-owner and the developer to develop the lands into housing development (if applicable); 
  • a copy of the latest audited balance sheet (account statement);
  • a copy of a statutory declaration slating to the effect that the applicant has complied with all the condition or restrictions set out in section 5(4) and 6 of the Ordinance;   sample of statutory declaration
  • a copy of the particulars in Form 24 under the Companies Act 1965 (for limited company only);
  • a copy of the Memorandum of Association and Articles of Association or the Certificate of Registration of Business and the partnership agreement, if any, or a copy of the rules/by-laws of the society or a copy of the agreement between or amongst persons forming the body;
  • deposit RM100,000.00 either in cash or in the form of a Banker's Guarantee;  sample of Banker's Guarantee
  • licence fee;  and
  • a copy of an approval for engineering plan.
Guidelines for Renewal of Housing Developer's Licence

An application for renewal of a licence must be made using Form C (RM1.00 per form), purchased from Ministry of Housing Sarawak addressed at 5th Floor, Wisma Perumahan, Taman Sukma, Jalan Sultan Tengah, Petra Jaya, 93050 Kuching.  The fees for the renewal are similar to the fees charged for a licence.

Lists of documents to be submitted together with Form C:

  • a copy of particulars in Form 49 under the Companies Act 1965 (if any change of office-bearers);
  • a copy of particulars in Form 24 under the Companies Act 1965, (if any change of particulars of the capital of the company);
  • Statement under Section 7(d) of the Ordinance;  Sample of 7(d) Form
  • deposit RM100,000.00 either in cash or in the form of a Banker's Guarantee; Sample of Banker's Guarantee
  • latest audited balance sheet (account statement);  and

  • fee for renewal of licence.
Advertisement and Sale Permit
    1. Applications must be accompanied with all documents as requested together with fee/fees.
    2. Application with incomplete documents required for will be rejeted and send back for correction by the developers.
    3. Allphotostst documents submitted must be a certified true copy by Scale A officer of Government Servant, Magistrate, Commision of Oath and Advocate.
No advertisement or sale is allowed without an advertisement and sale permit from the Housing Controller.  An advertisement and sale permit is required for each housing development or each phase of the development. 

Guideline for Application of Advertisment and Sale Permit

An application for an advertisement and sale permit needs to be made using Form D (RM1.00 per form), purchased from the Ministry of Housing Sarawak addressed at 5th Floor, Wisma Perumahan, Taman Sukma, Jalan Sultan Tengah, Petra Jaya, 93050 Kuching.  The fees charged per annum are as follows:

  1. RM150.00 for a housing project involving 9 - 20 housing units.
  2. RM250.00 for a housing project with more than 20 housing units.
List of documents to be submitted together with Form D:
  •  a copy of the approved building plan together with approval letter;
  • two copies of each type of proposed advertisement;
  • a copy of an agreement to the effect that the land-owner(s) agree to abide by regulation 10 of the Housing Developers (Control and Licensing) Regulations 1998 (if applicable);
  • a copy of the valuation report by a licensed valuer and particulars of the charge (if the land is charged to person, body of persons, company or society other than a bank licensed under the Banking and Financial Institutions Act 1989 or the Islamic Banking Act 1983);  and
  • fee for Advertisement and Sale Permit.
Guidelines for Application for Renewal of Advertisement and Sale Permit

An application for a renewal of any advertisement and sale permit shall be made using Form F (RM1.00 per form), purchased from the Ministry of Housing Sarawak addressed at 5th Floor, Wisma Perumahan, Taman Sukma, Jalan Sultan Tengah, Petra Jaya, 93050 Kuching.  The fees are similar to the fees charged for the Advertimsement and Sale Permit.

List of documents to be submitted together with Form F:

  • two copies of each type of proposed advertisement;  and
  • fee for Advertisement and Sale Permit

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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