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HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966
HOUSING DEVELOPMENT (CONTROL AND LICENSING) (AMENDMENT)
REGULATIONS 2007
IN exercise of the powers conferred by section 24 of the Housing Development
(Control and Licensing) Act 1966 [Act 118], the Minister makes the following
regulations:
Citation and commencement
1.(1)These regulations may be cited as the Housing Development (Control and
Licensing) (Amendment) Regulations 2007.
(2)These Regulations come into operation on 1 December 2007.
Amendment of regulation 2
2.The Housing Development (Control and Licensing) Regulations 1989 [P.U. (A)
58/1989], which are referred to as “the principal Regulations” in these Regulations,
are amended in regulation 2—
(a) by deleting the definition of “subdivided building”;
(b) by inserting after the definition of “contract of sale” the following
definition:
‘ “contract of sale for build then sell” means the Sale and Purchase Agreement
for housing development as prescribed in Schedules I and J;’;
(c) by inserting after the definition of “land” the following definition:
‘ “parcel” has the same meaning assigned to it in the Strata Titles Act 1985
[Act 318];’; and
(d) in the definition of “Appropriate Authority”, by inserting after the words
“to provide” the words “water,”.
Amendment of regulation 3
3.Regulation 3 of the principal Regulations is amended—
(a) in paragraph (1)(a), by substituting for the words “prescribed in Schedule
A” the words “as may be determined by the Controller from time to time”;
(b) by inserting after subregulation (1) the following subregulation:
“(1A) The fee payable upon every application for a licence shall be fifty
ringgit.”; and
(c) in subregulation (6), by substituting for the words “prescribed in Schedule
B” the words “as may be determined by the Controller from time to time”.
Amendment of regulation 4
4.Regulation 4 of the principal Regulations is amended—
(a) by inserting after subregulation (1) the following subregulation:
“(1A) The fee payable upon every application for the renewal of a licence
shall be fifty ringgit.”; and
(b) in paragraph (2)(a), by substituting for the words “prescribed in Schedule
C” the words “as may be determined by the Controller from time to time”.
Amendment of regulation 5
5.Regulation 5 of the principal Regulations is amended—
(a) in subregulation (2)—
(i) by substituting for the words “prescribed in Schedule D” the words “as
may be determined by the Controller from time to time”;
(ii) by deleting the word “and” at the end of paragraph (b); and
(iii) by inserting after paragraph (b) the following paragraph:
“(ba) particulars containing the selling price of every unit of housing accommodation
in every housing
development;”;
(b) by inserting after subregulation (2) the following subregulation:
“(2A) The fee payable upon every application for an advertisement and sale
permit shall be fifty ringgit.”; and
(c) in subregulation (4), by substituting for the words “prescribed in Schedule
E” the words “as may be determined by the Controller from time to time”.
Amendment of regulation 6
6.Subregulation 6(1) of the principal Regulations is amended—
(a) in paragraph (d), by inserting after the words “its expiry date” the words
“, restriction in interest”;
(b) by inserting after paragraph (e) the following paragraph:
“(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”;
and
(c) by inserting after paragraph (h) the following paragraph:
“(ha) where applicable, the minimum and maximum selling price of each type
of housing accommodation;”.
Amendment of regulation 9
7.Regulation 9 of the principal Regulations is amended—
(a) in subregulation (1), by substituting for the words “prescribed in Schedule
F” the words “as may be determined by the Controller from time to time”; and
(b) by inserting after subregulation (1) the following subregulation:
“(1A) The fee payable upon every application for the renewal of an advertisement
and sale permit shall be fifty ringgit.”.
Amendment of regulation 11
8.Regulation 11 of the principal Regulations is amended—
(a) in subregulation (1), by inserting after the words “in a subdivided building”
the words “in the form of a parcel of a building or land intended for subdivision
into parcels, as the case may be,”;
(b) by substituting for subregulation (1A) the following subregulation:
“(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.”; and
(c) by inserting after subregulation (1A) the following subregulation:
“(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.”.
Amendment of regulation 11A
9.The principal Regulations are amended by substituting for regulation 11A
the following regulation:
“Period to execute instrument of transfer
11A. 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 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.”.
New regulation 11B
10.The principal Regulations are amended by inserting after regulation 11A
the following regulation:
“Incomplete contract of sale
11B. 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.”.
Amendment of regulation 13
11.Subregulation 13(1) of the principal Regulations is amended by substituting
for the words “five” and “three” the words “twenty” and “five” respectively.
Deletion of Schedules A, B, C, D, E and F
12.Schedules A, B, C, D, E and F of the principal Regulations are deleted.
Amendment of Schedule G
13.The principal Regulations are amended by substituting for Schedule G
the following Schedule:
Amendment to Schedule H
14.The principal Regulations are amended by substituting for Schedule H
the following Schedule:
New Schedule I and J
15.The principal Regulations are amended by inserting after Schedule H the
following Schedules:
Savings
16.(1) Nothing in these Regulations shall affect the validity of any contract
of sale for the sale and purchase of a housing accommodation entered into
after the commencement of the Housing Development (Control and Licensing)
(Amendment) Act 2007 [Act A1289] but before the date of the coming into operation
of these Regulations and such contract shall continue to have full force and
effect notwithstanding anything inconsistent with or contrary to any provisions
in these Regulations.
(2)Where on the date of coming into operation of these Regulations, a contract
of sale for the sale and purchase of a housing accommodation has been signed
in any phase of housing development, the contract of sale of the principal
Regulations shall continue to apply to all housing accommodations in the said
phase of housing development as if the principal Regulations have not been
amended by these Regulations until all the housing accommodations in the said
phase of housing development have been sold.
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