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HOUSING DEVELOPMENT (CONTROL AND LICENSING) REGULATIONS 1989
PU(A) 58/1989
In force from 01
April 1989
IN exercise of the powers conferred by section 24 of the Housing Development
(Control and Licensing) Act 1966, the Minister makes the following regulations:
1.
Citation and commencement.
These regulations may be cited as the Housing Development
(Control and Licensing) Regulations 1989 and shall come into force on
the 1st April 1989.
2. Interpretation.
In these Regulations, unless the context otherwise requires
—
"Act" means the Housing Development (Control and Licensing)
Act 1966;
"advertisement" means any notification or intimation
of housing development —
(a) published in any newspaper,
journal or magazine, or in the form of a brochure or in any other form;
or
(b) displayed on any hoarding,
boarding, roof, wall, piling, fence, frame, signboard, plate, cloth, bar,
pillar, post, wire-casting or other erection, structure or contrivance;
or
(c) conveyed by means of
films or communications; or
(d) conveyed by other means
oral or written and whether of the same kind or not as set out in paragraphs
(a) to (c);
"Appropriate Authority" means any authority for the
time being authorised under any written law in force in West Malaysia to approve
building plans, subdivision of land, subdivision of buildings, the issue of
documents of title and to enforce building by-laws or regulations and includes
any company licensed to provide electricity, telephone, sewerage services
and other related services.
"charge" means charge as defined in section 5 of the
Code;
"Code" means the National Land Code 1965;
"communication" means any communication, whether between
persons and persons, things and things, or persons and things, in the form
of sound, data, text, visual images, signals or any other form or any combination
of those forms, and includes the Internet;
"contract of sale" means the Sale and Purchase Agreement
prescribed under regulation 11;
"film" includes—
(a) a cinematograph film;
(b) a videotape;
(c) a compact disc;
(d) a video compact disc;
(e) a digital video disc;
and
(f) a record, howsoever made,
of a sequence of visual images, which is a record capable of being used
as a means of showing that sequence as a moving picture;.
"land" means the land on which a licensed housing
developer proposes to erect, or on which he is erecting, housing accommodation
and includes the land appurtenant to the housing accommodation;
"portion" means a subdivisional portion under section
135 of the Code;
"proprietor" means a proprietor as defined in section
5 of the Code;
"subdivided building" means a building having two
or more storeys which is capable of being subdivided into parcels under the
Strata Titles Act 1985.
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3.
Application for a licence.
(1) An applicant for a licence under the provisions of section
5 (3) of the Act shall -
(a) submit his application
in the form prescribed in Schedule A together with such documents as are
specified in section 5 (3) of the Act; and
(b) supply such other relevant
particulars or information as may be required by the Controller.
(2) Any misrepresentation of the particulars or information
required under paragraph (1) of this regulation shall be an offence under
these Regulations.
(3) The Controller may, in his discretion, grant a licence
with or without attaching any condition or conditions thereto or refuse to
grant a licence.
(4) The fee payable for a licence under this regulation
shall be one thousand ringgit per year or part of a year.
(5) A licence shall be required in respect of each housing
development and where a housing development is to be developed in phases,
a licence shall be required for .each phase of such housing development.
(6) A licence issued under this regulation shall be in the
form prescribed in Schedule B.
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4. Renewal of a housing developer’s licence.
(1) An application for the renewal of a housing developer’s
licence may be made before the date of expiry and the Controller may grant
a renewal of the licence with or without attaching conditions thereto or refuse
to grant a renewal of such licence.
(2) A licensed housing developer applying for the renewal
of a housing developer’s licence shall —
(a) submit the application
in the form prescribed in Schedule C;
(b) give particulars of any
change to the company;
(c) give particulars of any
change to the lots to be developed; and
(d) supply such other relevant
particulars or information as may be required by the Controller.
(3) The fee payable for the renewal of a licence shall be
one thousand ringgit per year or part of a year.
(4) Any misrepresentation of the particulars or information
required under paragraph (2) of this regulation shall be an offence under
these Regulations.
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5. Advertisement and sale permit.
(1) No advertisement or sale shall be made by any licensed
housing developer without an advertisement and sale permit having first been
obtained from the Controller.
(1A) Any advertisement and sale shall be in accordance with
the advertisement and sale permit as approved by the Controller.
(2) An applicant for an advertisement and sale permit shall
submit his application in the form prescribed in Schedule D and shall supply
the following:
(a) a copy of the approved
building plans;
(b) two copies of the proposed
advertisement including the brochure containing particulars as prescribed
under paragraph (1) of regulation 6 of these Regulations; and
(c) such other relevant particulars
or information as may be required by the Controller.
(3) Any misleading statement, false representation or description
of the particulars or information required under paragraph (2) of this regulation
shall be an offence under these Regulations.
(4) The Controller may, in his discretion, grant an advertisement
and sale permit with or without attaching any condition or conditions thereto
or refuse to grant a permit. An advertisement and sale permit issued under
this regulation shall be in the form prescribed in Schedule E.
(5) No advertisement and sale permit shall be issued nor
shall any advertisement or sale be made for any housing development in respect
of which-
(a) the licensed housing
developer is not the proprietor of the land upon which the housing development
is proposed to be carried out:
Provided that this provision shall not apply if the proprietor
of such land has executed an agreement with the licensed housing developer
to the effect that-
(i) the proprietor agrees
to the sale of the land for the purpose of the housing development concerned;
and
(ii) the proprietor agrees
to abide by the provisions of regulation 10 of these Regulations;
(b) the land upon which the
housing development is proposed to be carried out is charged for an amount
exceeding fifty per centum (50%) of the market value of the land (inclusive
of annual interest on such amount) and such charge is to any person, body
or persons, company, firm or society other than a bank which is in possession
of a licence issued under the Banking and Financial Institutions Act 1989
[Act 372 ], the Islamic Banking Act 1983 [Act 276 ], the Bank
Simpanan Nasional Berhad Act 1997 [Act 571 ], the Bank Kerjasama
Rakyat Malaysia Berhad Act 1978 [Act 202 ] or the Bank Pertanian
Malaysia Act 1969 [Act 9 ];
(6) An advertisement and sale permit shall be required in
respect of each housing development and any advertisement in relation to the
same development, which differs from that for which the permit was first granted,
may be made but subject to such variation being submitted for the prior approval
of the Controller.
(7) The fee payable for a permit under this regulation shall
be five hundred ringgit per year or part of a year.
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6. Particulars to be included in advertisement.
(1) Any advertisement (other than those conveyed by means
of broadcast sound receivers or through television receivers) made by any
licensed housing developer shall include the following particulars:
(a) the housing developer's
licence number and validity date;
(b) the advertisement and
sale permit number and validity date;
(c) the name and address
of the licensed housing developer and his authorised agent, power of attorney
holder or project management company if any, as approved by the Controller;
(d) the tenure of the land
if the land is leasehold, its expiry date and encumbrances, if any, to which
the land is subject;
(e) the description of the
proposed housing accommodation;
(f) the name of the housing
development, if any;
(g) the expected date of
completion of the proposed housing development;
(h) the selling price of
each type of housing accommodation;
(i) the number of units of
each type available; and
(j) the name of the Appropriate
Authority approving the building plans and the reference number.
(2) A licensed housing developer shall issue a brochure
in respect of the housing accommodation to each purchaser free of charge.
7. Use of name or emblem for site.
(1) Every licensed housing developer shall, before using
any name or emblem to refer to a housing development, obtain the written permission
of the Controller for such use.
(2) The Controller may in his discretion, grant permission
for such use with or without attaching any condition or conditions thereto
or refuse to grant permission for such use.
8. Advertisement shall not contain certain description.
(1) Any name in any language by which any site forming part
of a housing development is proposed to be called or any emblem used in connection
therewith shall not contain anything which suggests or is calculated to suggest
—
(a) the patronage of the
Yang di-Pertuan Agong or of any member of his family;
(b) the patronage of the
Head of State of any State in Malaysia or of any member of his family;
(c) any connection with —
(i) the Federal Government;
(ii) the Government of any State in Malaysia;
(iii) any City Council or Municipal Council or District
Council;
(iv) any society or body established and incorporated
by statute;
(v) any public building; or
(vi) any public place;
(d) any connection with the
Government of any foreign country or with the United Nations; and
(e) any attribute to which
the licensed housing developer cannot genuinely lay proper claim.
(2) This regulation shall be in addition to and shall not
be in derogation of the provisions of the Emblems and Names (Prevention of
Improper Use) Act 1963.
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9. Renewal of advertisement and sale permit.
(1) An application for the renewal of an advertisement and
sale permit shall be made not later than sixty (60)days before the date of
expiry in the form prescribed in Schedule F and shall provide:
(a) particulars of the housing
development;
(b) two copies of the proposed
advertisement; and
(c) any other relevant particulars
or information as may be required by the Controller.
(2) The Controller may. in his discretion, approve the renewal
of an advertisement and sale permit with or without attaching any condition
or conditions thereto or refuse to grant a renewal of such permit.
(3) The fee for the renewal of an advertisement and sale
permit shall be five hundred ringgit per year or part of a year.
10. Proprietor to be a party to a contract of sale.
No licensed housing developer who is not the proprietor
of the land upon which a housing development is carried out shall enter into
any contract of sale of any housing accommodation in that housing development
unless the proprietor of the land is also a party to such contract of sale
and agrees to the sale of the land for the purposes specified in such contract
of sale.
11. Contract
of sale.
(1) Every contract of sale for the sale and purchase of
a housing accommodation together with the subdivisional portion of land appurtenant
thereto shall be in the form prescribed in Schedule G and where the contract
of sale is for the sale and purchase of a housing accommodation in a subdivided
building, it shall be in the form prescribed in Schedule H.
(1A) Subregulation (1) shall not apply if at the time of
execution of the contract of sale, the certificate of fitness for occupation
for the housing accommodation has been issued and a certified true copy of
which has been forwarded to the purchaser.
(2) No housing developer shall collect any payment by whatever
name called except as prescribed by the contract of sale.
(3) Where the Controller is satisfied that owing to special
circumstances or hardship or necessity compliance with any of the provisions
in the contract of sale is impracticable or unnecessary, he may, by a certificate
in writing, waive or modify such provisions:
Provided that no such waiver or modification shall be approved
if such application is made after the expiry of the time stipulated for the
handing over of vacant possession under the contract of sale or after the
validity of any extension of time, if any, granted by the Controller.
(4) A purchaser’s solicitor shall be entitled to a complete
set of the contract of sale including its original and duplicate copies and
all annexures required for the licensed housing developer to execute the contract
of sale with the purchaser, free of charge subject to the undertaking of the
purchaser’s solicitor to return the said documents intact in the event the
contract of sale is not executed by the purchaser within fourteen (14) days
from the date of receipt of such documents unless otherwise agreed by the
licensed housing developer.
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11A.
Consent to assignment.
(1) Subject to subregulation (2), where in the sale of a
housing accommodation to which no separate or strata title has been issued,
no housing developer shall impose any administrative fee or any fee by whatever
name called upon any purchaser or subsequent purchaser for giving his consent,
if required, for such purchaser to resell the housing accommodation if such
fee shall exceed zero point five per centum (0.5%) of the purchase price or
five hundred ringgit, whichever is the lower.
(2) No housing developer shall collect any fee by whatever
name called for giving his consent to any purchaser or subsequent purchaser
of a housing accommodation to assign his rights and benefits to and in the
contract of sale to any financial institution providing a loan for such purchaser
to finance or part finance the purchase of the housing accommodation.
(3) Where in the sale of a housing accommodation to which
no separate title has been issued, a housing developer shall execute the instrument
of title within twenty one (21) days from the date the separate title is subsequently
issued and received by the housing developer from the Appropriate Authority
and thereafter forward the same to the purchaser who shall execute the instrument
of transfer within twenty one (21) days from the receipt of the same from
the housing developer.
(4) This regulation shall have effect notwithstanding anything
to the contrary in any agreement.
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12. Appeal.
Notwithstanding anything to the contrary in these Regulations,
any person aggrieved by the decision of the Controller under paragraph (3)
of regulation 3, paragraph (1) of regulation 4, paragraph (4) of regulation
5, paragraph (2) of regulation 9 or paragraph (3) of regulation 11 may, within
fourteen (14) days after having been notified of the decision of the Controller,
appeal against such decision to the Minister; and the decision of the Minister
made thereon shall be final and shall not be questioned in any court.
13. Penalties.
(1) Any person who contravenes any of the provisions of
these Regulations shall be guilty of an offence and shall be liable on conviction
to a fine not exceeding five thousand ringgit or to a term of imprisonment
not exceeding three years or to both.
(2) A breach of any condition in a licence or in any advertisement
and sale permit shall be deemed to he a contravention of these Regulations.
(3) Any person who knowingly and wilfully aids, abets, counsels,
procures or commands the commission of an offence against any provision of
these Regulations shall be liable to be punished with the punishment provided
for the offence.
14. Savings.
(1) Notwithstanding the provisions of these Regulations
any licensed housing developer, who before the coming into force of these
Regulations was carrying on the business of housing development, may continue
to carry on such business for such period and subject to such conditions as
may be specified in the licence.
(2) Nothing in these Regulations shall affect the use of
the contract of sale under the advertisement and sale permit issued prior
to the coming into force of these Regulations until all the housing accommodation
in the housing development have been sold.
15. Repeal.
The Housing Developers (Control and Licensing) Regulations
1982 are hereby repealed.
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