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HOUSING DEVELOPMENT (CONTROL
AND LICENSING) REGULATIONS 1989
PU(A) 58/1989
(Including 2007
Amendments - In operation from 1 December 2007)
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 water, 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;
"contract of sale for build then sell" means the
Sale and Purchase Agreement for housing development as prescribed in
Schedules I and J;
"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;
"parcel" has the same meaning assigned to it in the
Strata Titles Act 1985 [Act 318];
"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
as may be determined by the Controller from
time to time 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.
(1A) The fee payable upon every application for a
licence shall be fifty ringgit.
(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 as may be
determined by the Controller from time to time.
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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.
(1A) The fee payable upon every application for the
renewal of a licence shall be fifty ringgit.
(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
as may be determined by the Controller from
time to time.;
(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
as may be determined by
the Controller from time to time 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
(ba) particulars containing the selling
price of every unit of housing accommodation in every housing development;
(c) such other relevant particulars or information as may be
required by the Controller.
(2A) The fee payable upon every application for
an advertisement and sale permit shall be fifty ringgit.
(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
as may be determined by the Controller from time to
time.
(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,
restriction in interest
and encumbrances, if any, to which the land is subject;
(e) the description of the proposed housing accommodation;
(ea) any parking lot which is an accessory
parcel to the housing accommodation in a parcel and which does not form
part of the common property of the 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;
(ha) where applicable, the minimum and
maximum 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 as may
be determined by the Controller from time to time 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.
(1A) The fee payable upon every
application for the renewal of an advertisement and sale permit shall be
fifty ringgit.
(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 in
the form of a parcel of a building or land intended
for subdivision into parcels, as the case may be, 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.
(1A) Notwithstanding paragraph (1), every contract
of sale for build then sell for a housing accommodation together with the
subdivisional portion of land appurtenant thereto shall be in the form
prescribed in Schedule I and where the contract of sale for build then sell
is for the sale and purchase of a housing accommodation in the form of a
parcel of a building or land intended for subdivision into parcels, as the
case may be, it shall be in the form prescribed in Schedule J.
(1B) Subregulations (1) and (1A) shall not apply if
at the time of the execution of the contract of sale, the certificate of
completion and compliance 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.
11A. Period to execute instrument of transfer
A housing developer shall, in respect of the sale
of housing accommodation to which no separate title has been issued, execute
the instrument of title within twenty one days from the date of the separate
title is subsequently issued and received by the housing developer from the
Appropriate Authority and the housing developer shall forward such title to
the purchaser who shall execute the instrument of transfer within twenty one
days from the receipt of the same from the housing developer.
11B. Incomplete contract of sale
Any developer who executes a contract of sale in
which any particular required in the prescribed contract of sale is not
completed shall be guilty of an offence and shall be liable on conviction to
a fine not exceeding ten thousand ringgit.
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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 twenty thousand ringgit or to a term of imprisonment not
exceeding three five 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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