Page 189 - Malaysia 2016
P. 189
2016 189

Implementation Of The Amendment b. Clause 28: Developer may apply
To Housing Development (Control and to the Controller of Housing
Licensing) Act 1966 (Act 118) for a certification in writing to
Amendment to the Housing Development deliver vacant possession if the
(Control and Licensing) Act 1966 (Act separate strata title to the parcel
118) has been enacted effective 1 June is not issued for any reason not
2015. Following the enforcement of the attributable to the Developer.
amendments to this act, the Regulations
of Housing Development (Control and ii. Developmental Regulations Housing
Licensing) and Regulations of Housing (Developmental Declaration
Development (Housing Development Housing) 1991
Account) (Amendment) Regulations 2015
will be amended by the powers conferred The developer’s requisite deposit
by Section 24 of the Housing Development has been increased from RM200,000
Act [Control and Licensing] 1966 [Act 118]. to 3% of the estimated construction
The main amendments are as follows: costs. This amendment was effective
from 2 June 2015.

i. Housing Developers (Housing This amendment seeks to ensure that
Development Account) Regulations, only housing developers who have
1991 a strong financial position and are
thoroughly committed are involved
Under the amended Regulation 4, in the housing development industry
the time limit within which developers and that there are financial resources
must renew their licences has been available for the completion of the
shortening from 60 days to 14 days development in the event a project
before expiry of the same. Developers is certified to be an abandoned
must also ensure that their licences project.
are kept active (i.e. renewed) until
the certificate of completion and
compliance is granted for their
projects.

The contents allowed in “any
advertisement made by any
licensed housing developer” are
further restricted with the insertion of
Regulation 8(1A) in HDR 1989, which
prohibits the following:

a. offer of free legal fees; Setting Up The National Public Housing
b. projected monetary gains and Management Corporation
On 21 August 2015, Dato’ Sri Mohd Najib
rental income; Tun Abdul Razak had announced the
c. claim of panoramic view; establishment of the National Public
d. travelling time from housing Housing Management Corporation
(3PAN), which would monitor the
projects to popular destinations; construction as well as the maintenance
e. any particulars to which a housing of the People’s Housing Projects (PPR).
3PAN would be enforced immediately
developer cannot genuinely lay and it would take over the functions of the
proper claim local authorities and district councils which
Amendment to Scheduke H and J in
which:
a. Clause 27: Delivery Of Vacant
Possession; and
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