HOUSING DEVELOPMENT (CONTROL AND LICENCING)

ORDINANCE, 2013

1. An Ordinance to provide for the control and licensing of the business of

housing development in Sarawak, the protection of the interest of
purchasers and for matters connected therewith.

2. Housing Development Licence needed to carry out a housing

development of more than 8 units of housing accommodation.
• Need not renew licence after issuance of occupation permit?

3. Housing developer to open and maintain a Housing Development

Account.
• Only applicable to housing project approved after a certain date.
• All moneys payable by the purchaser under the S&P must be
deposited into the HDA.
• Any loan obtained for the housing development must be deposited into
the HDA.

4. Tribunal for Housing Purchasers Claims.

• Jurisdiction to hear claims up to RM150,000.
• Claims must be filed not later than 18 months from the date of
issuance of the occupation permit or before the expiry of the defect
liability period under the S&P, whichever is later.
• Decision is final but an application may be made to the High Court for
judicial review.
THE HOUSING DEVELOPMENT (CONTROL AND LICENCING)
REGULATION, 2014

1. Advertisement and Sale Permit.

• No advertisement or sale shall be made by developer without an
Advertisement and Sale Permit.
• Advertisement and Sale Permit not required after issuance of
occupation permit.

2. Collection of booking fee not allowed.

3. Form of contract of sale: Form B (Land and Building) and Form C
(Subdivided Building)
• S&P signed between developer and purchaser only.
• Where developer is not the landowner, the landowner must either:
(a) give Power of Attorney to authorise the developer to sell;
(b) the developer and landowner has signed agreement to the effect
that the landowner agrees to the sale of the land for the purpose
of the housing development; or
(c) the landowner is aware of the S&P and signifies his consent
thereto in writing.
• S&P must be attested by Sarawak lawyer or any person authorised by
the Controller of Housing.
• Subject to the approval of the Controller, the developer must not vary
the prescribed S&P format. Any alteration is voidable at the option of
the purchaser and subsequent purchaser.
• Developer’s consent is still required for the assignment of S&P.

***********************