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HOUSING DEVELOPMENT (CONTROL AND LICENSING) REGULATIONS 1989
PU(A) 58/1989
(Including  2007 Amendments - In operation from 1 December 2007)


 

SECTIONS
1.  Citation and commencement.
2.  Interpretation.
3.  Application for a licence.
4.  Renewal of a housing developerís licence.
5.  Advertisement and sale permit.
6.  Particulars to be included in advertisement.
7.  Use of name or emblem for site.
8.  Advertisement shall not contain certain description.
9.  Renewal of advertisement and sale permit.
10.  Proprietor to be a party to a contract of sale.
11.  Contract of sale.
11A.  Period to execute instrument of transfer
11B. Incomplete contract of sale
12.  Appeal.
13.  Penalties.
14.  Savings.
15.  Repeal.

Schedules:
Deleted: A, B, C, D, E, F
Schedule G - Sale and Purchase Agreement (Land and Building)
Schedule H - Sale and Purchase Agreement (Building or Land Intended for Subdivision into Parcels)
Schedule I -  Sale and Purchase Agreement (Land and Building)
Schedule J - Sale and Purchase Agreement (Building or Land Intended for Subdivision into Parcels)

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 ó

"Act"  means the Housing Development (Control and Licensing) Act 1966;

"advertisement"  means any notification or intimation of housing development ó

(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"  includesó

(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;

 

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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 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 as may be determined by the Controller from time to time.

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4.  Renewal of a housing developerís licence.

(1) An application for the renewal of a housing developerís licence may be made not later than sixty (60) days 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 developerís licence shall ó

(a) submit the application in the form 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 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;

(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 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 ó

(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 ó

(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 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) 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 purchaserís 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 purchaserís 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. 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 twenty thousand ringgit or to a term of imprisonment not exceeding 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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