HBA keeps fingers crossed on new housing regulations
21/07/2007 NST By Zuhaila Sedek

The path to implementing the Build-Then-Sell (BTS) mode of housing delivery is now clear � except for one aspect: How it will be incorporated in the standard Sale and Purchase Agreement (SPA).

However, this issue is expected to be resolved over the next few weeks with the adoption of two new schedules that won't be very different from the Schedule G and H that governs the payment terms for landed and stratified properties respectively.

It is learnt that the format for the new schedules for landed and stratified residential units built under the BTS method have already been finalised by the Housing and Local Government Ministry's Legal Affairs Division.

"They are now awaiting the minister's approval and endorsement by the Cabinet," a source told NST-Property.

However, the ministry's legal affairs head, Iskandar Ali Dewa, declined to provide details when contacted.

On its part, the National House Buyers Association (HBA) is confident that several issues it petitioned the Housing Ministry to include will become a part of the new BTS schedules.

"Our major expectation is that the duties of developers as well as the professionals involved, such as architects, engineers, landscape designers, lawyers and financial institutions will be outlined," said HBA secretary-general Chang Kim Loong.

Among the HBA's other requests are:

• The introduction of a new sub-clause for the developer to provide purchasers with periodical reports on the construction progress of their houses;

• The need for the developer to give purchasers written notice to apply for loans to finance the payment of the purchase price of their units when 80 per cent of the construction has been completed. This notice must be supported by individual document of titles to the properties;
   

• Purchasers should be given notice in writing to undertake joint inspections of their buildings with the developer, during which all defects found must be rectified at the vendor's cost and expense before the notice to take vacant possession is issued;
   

• The developer should obtain, at its own cost, a separate document of title to the property not later than six months before delivery of vacant possession; and
   

• Purchasers must be provided with a valid and registrable memorandum of transfers to their properties within 21 days from the issuance of the separate document of title.