Housing Development Law

Housing Development Law governs the legal framework for the planning, development, sale, and management of residential properties in Malaysia. It ensures the protection of purchasers’ rights, regulates developer obligations, and provides mechanisms for dispute resolution. This area of law covers every stage of a housing project, from pre-development planning to post-completion management, including contracts, financing, and statutory compliance. Our expertise in Housing Development Law ensures that developers, purchasers, and stakeholders navigate this complex legal landscape with confidence and clarity.

Defects (Patent and latent)

Understanding developers’ obligations for both visible (patent) and hidden (latent) defects, and remedies available to purchasers.

Liquidated ascertained damages (“LAD”)

Structuring and enforcing LAD clauses in housing projects to compensate purchasers for delays in completion.

Extension of Time (EOT)

Legal procedures and implications for granting extensions of time under development contracts.

Planning of Multi-Phased Stratified Development

Compliance and strategic planning for phased developments, particularly for stratified properties.

Parcels vs Common Property

Clarifying rights, responsibilities, and legal implications of private parcels versus shared common property.

Assignment of Share Units

Legal requirements and procedures for transferring property shares to third parties.

Getting Prepared for Subsidiary Management Corporation

Guiding developers and purchasers in establishing a subsidiary management corporation for strata properties.

Deriving Charges and Contribution of Sinking Funds

Calculating and enforcing contributions for maintenance, sinking funds, and common property upkeep.

Date of Booking Fee vs Date of Sale and Purchase Agreement

Legal distinction and implications between the date of booking fees and the formal signing of the Sale & Purchase Agreement.

Sale and Purchase Agreement (SPA)

Drafting, reviewing, and enforcing SPAs to ensure clear terms for both developers and purchasers.

Financing Facilities

Structuring and facilitating housing development financing, including legal documentation for loans and banking arrangements.

Deed of Assignment

Assigning rights and obligations under a Sale & Purchase Agreement in compliance with statutory requirements.

Deed of Revocation

Revoking prior assignments, agreements, or encumbrances legally and effectively.

Private Caveat

Filing and protecting proprietary interests in property to prevent unauthorized dealings.

Removal of Caveat

Legal procedures for removing or withdrawing caveats.

Letter of Offer

Drafting and negotiating letters of offer to purchasers or financiers.

Joint Venture Agreement

Structuring and formalizing joint ventures between developers, investors, or landowners for property development projects.

Specialist Lawyers