Quick Guide on Home Buying

Some Important Aspects For House Buyers

Before you decide to buy a house, you must ascertain that the housing developer:

  1. Has obtained a valid Developer’s License; and
  2. Has a valid Advertisement and Sales Permit

*Checks may be done through the Ministry website, www.kpkt.gov.my, or through the Housing Developers Licensing Division at 03-8891 5000.

Financial Capability of House Buyers

Before making any payment, please ensure:

  • Loan eligibility and loan amount obtainable (partial or full)
  • If you fail to obtain the loan amount required from the bank, are you prepared to pay the differential sum?

*The banking system implements the Customer Credit Report Information System (CCRIS). All existing loan would be taken into consideration in your loan application.

*Once the bank releases progressive payments to the developer, you would be charged monthly interest on the amount released.

Location of Project

Please ensure:

  1. Location of project
  2. Layout Plan has been approved

*Checks can be made with the relevant Local Authorities

Tenure of Land

  1. Freehold
  2. Leasehold – check the expiry date of the lease
  3. Malay reserved

*You may conduct a search at the Land Office or the State PTG.

Information on the Brochure

Please ensure the brochure contains the following information:

  1. Developer’s License and its validity period;
  2. Advertisement and Sales Permit and its validity period;
  3. Name and address of the:
    1. Licensed housing developer;
    2. Authorised agent, if any;
    3. Holder of the Power of Attorney, if any; and
    4. Project management company, if any.
  4. Tenure of land:
    1. Freehold;
    2. Leasehold – check the expiry of lease; and
    3. Encumbrances – whether the land is being charged to the bank for financing.
  5. Description of the property:
    1. Specifications on building materials;
    2. Building area; and
    3. Facilities /amenities.
  6. Name of project, if any.
  7. Expected date of completion.
  8. Selling price for each type of house.
  9. Number of units for each type of house, and
  10. Name of Local Authority approving the Building Plans and its reference number.

Reminder Prior to Signing of Sale & Purchase Agreement (SPA)

House buyers must:

  1. Check that the SPA is the standard Schedule G (Land and Building) and Schedule H (Subdivided Building) under the Housing Development (Control and Licensing) Regulations 1989.
  2. Read and understand the contents of the SPA before signing it.
  3. Request that a lawyer explain the terms of the SPA.
  4. Sign the complete set of SPA instead of separate pages.

Reminder during Signing of SPA

Please be reminded that:

  1. SPA is provided free of charge by the developer.
  2. The first payment is 10% of the house purchase price. Ensure that the date of the receipt and the date of the SPA is the same.
  3. House buyers may choose to appoint their own lawyer.

Conditions and Rights of House Buyers Upon Vacant Possession (VP)

  1. Ensure that the property is free from encumbrances upon delivery of VP.
  2. If the land or property is still charged to a financial institution, developer must settle the balance amount before delivering VP to house buyers.
  3. Conditions to be fulfilled:
    1. Under CCC Circumstances
      Certification by the architect to verify that:

      1. Property is completed
      2. Water and electricity is ready for connection*VP will be delivered to the purchaser once CCC is issued by the Principal Submitting Person (PSP)
    2. Under CFO Circumstances
      Developer must also apply for:

      1. CFO through the submission of Form E *
      2. Local Authority has issued an acknowledgement that Form E has in fact been received and verified by the Local Authority*Form E is the application submitted by the developer’s Architect to the Local Authority for the issuance of CFO.
  4. House buyers can only occupy the property upon issuance of CFO/CCC. Renovation works can only be carried out after obtaining CFO/CCC and provided that the renovation plans have been approved by Local Authority.
  5. Record any defects on the property and submit the complaint form to the developer for rectification works. Please keep a copy for own record.
  6. House buyers have a right to claim for Liquidated Ascertain Damages (LAD) for delayed delivery of vacant possession.
Posted in Home Buyers