Welcome.
 

Buyer Guide

 

1              Introduction of Malaysia

1.1          Overview

Malaysia is gradually growing in popularity among expatriates as a second home or retirement location, as well as being home to many expatriate workers from around the world. It is a truly multi-ethnic and multi-cultural society, where the three main Malaysian races mix widely and extend a genuine welcome to foreigners. Malaysia has one of the highest standards of living in the region with all the modern infrastructure and facilities in place. However, the cost of living relatively low, especially for those with an income from abroad. This is achieved through the Government's efficient monitoring of the economy in ensuring that inflation is kept low at all times and thereby also the prices of goods and services. If you settle in Malaysia under the Malaysia My Second Home programme, remittances from abroad are not taxed. Statistics can proof that Malaysia is one of the safest countries in the world, its crime rate is relatively low and personal security is good. The country has a very efficient health system where medical services are provided at nominal. Malaysia is also becoming a centre for medical facilities in the region.

1.2          Climate

The weather is pleasant, warm and balmy with moderate rain throughout the year, with temperatures ranging from 21° to 32° Celsius in the lowlands. Humidity is between 85% and 95% but temperatures rarely climb above 32º during the daytime and 23º at night. In the highlands, temperatures can fall to as low as 16° Celsius. Annual rainfall is heavy at 2,500mm (100 inches), and there are frequent heavy downpours with thunder and lightning.

1.3                Language

Bahasa Malaysia is the national language of the country. However, English is widely spoken. It is a relatively affluent country. Most Malaysians are at least bi-lingual, and many speak more than two languages. In addition to Bahasa Malaysia , other languages spoken in Malaysia include Chinese dialects, Tamil and indigenous languages such as Iban ( Sarawak ) and Kadazandusun ( Sabah ).

Bahasa Malaysia is the main medium of instruction in national schools, although under a recent policy change English is being introduced for the teaching of Mathematics and Science.

1.4          Religion :
Islam is the official religion of
Malaysia but the constitution guarantees the right of people to practice other religions.

1.5          Environment

The natural surroundings are beautiful and diverse, with plenty of unspoilt countryside and rainforest, pristine beaches and tropical islands, and cool hill stations and mountain retreats.

1.6                Education

The country has one of the best developed and quality educational systems - both public and private. There are international schools of repute in all major towns with English as the medium of instruction. There are very good international schools in all the major towns which offer English as the medium of instruction. There are also international schools in Malaysia using Japanese, Indonesian, American, Australian and French curricula. Compared to other countries, the cost of international school education in Malaysia is relatively low.

1.7          Communication and transport       

There are good communications and transport links throughout the country, and numerous world-class hotels and resorts. The whole country is very well connected with up-to-date, modern road, rail, sea and non-stop flights to every other Asian capital. Public transport by buses, taxis, trains and planes are comfortable, efficient and relatively low in cost.

1.8           Food

All the food of the world can be found here at very reasonable cost. Malaysian cuisine is world-renowned for its variety and excellence. Malay, Chinese and Indian food is available everywhere, and food from all over the world can be found in restaurants and hotels in the main urban centers. Some of the best food can be bought very cheaply at roadside stalls and small restaurants and cafés, and hygiene is generally good. Malay people are Muslims and as such they only eat Halal food. They eat no pork and drink no alcohol. During the month of Ramadan Muslims are expected to fast during daylight hours.

                1.9          Sport

Malaysia is also a prime location for sports enthusiasts and spectators. The country hosts a number of international sports events including Formula 1, motorcycling, cycling, power boat racing and golf. Other sports such as hockey, badminton, squash and football are also very popular. Sports facilities are in abundance throughout the country. Malaysia is also a very popular location for sailing and water sports, and is home to some of the best diving locations in the world.

1.10        Social Culture

Physical signs of affection in public are frowned upon and on the East Coast of peninsular Malaysia , men and women keep a safe distance from each other in public.

There are certain areas of mosques that should not be entered by non-Moslems. Signs are often displayed or people will inform you. Conservative dress is always required in all parts of mosques.

2.             Malaysia Property Overview

It is relatively cheap to rent or to purchase a house or apartment in Malaysia , except in central Kuala Lumpur where rental prices are higher. A wide range of properties are available, including large detached houses (known as bungalows), semi-detached and linked houses, and apartments and condominiums. Condominiums are a popular choice to most Malaysian and expatriates as they offer good security and a wide range of facilities often including a swimming pool, gymnasium, playground and tennis courts.

A lot of new development and used home are available for sales and rent (with furnished, semi-furnished and unfurnished) can be found via our web site.

2.1          The standard procedure for renting a property entails:

·          Signing a letter of offer and paying one month rent as an "Earnest Deposit"

·          Within 7 days, paying two months rent as a "Security Deposit", ½ month rental as a "Utility Deposit" (for electricity, power etc), stamp duties and disbursements.

·          Signing and retaining a stamped copy of the Tenancy Agreement.

2.2                The standard procedure for purchasing a property is:

·         PAY 3% OF PURCHASE PRICE AS EARNEST DEPOSIT [Sign Letter of Offer]

·         PAY 7% OF PURCHASE PRICE 14 DAYS LATER [Sign Sale And Purchase Agreement]

·         PAY 90% OF PURCHASE PRICE 3+1 MONTHS LATER

·         On the acquisition of real properties by foreign interests Foreigners purchasing properties in Malaysia are subject to FIC (Foreign Investment Committee) approval.

a.     For more details, please call the FIC at 03-88882929

b.     Foreigners are eligible to buy 2 houses at a cost of not less than RM150,000 each.

c.     For this purpose, they are also entitled to apply for a loan from a local bank for 60% of the purchase price.

d.     Legal fees payable, stamp duty and agency fees (if used) are also payable as shown below:-

Legal Fee

First RM100,000

1% of the Loan Amount

(Minimum RM200 per transaction)

Next  RM4.9 million

0.50% of Loan Amount

Thereafter

0.25% of Loan Amount

 

Stamp Duty on Loan Amount

Loan Amount

Stamp Duty

RM 50,000

RM 250

RM 100,000

RM 500

RM 150,000

RM 750

RM 200,000

RM 1,000

RM 250,000

RM 1,250

RM 300,000

RM 1,500

 

Agency Fee

Please contact your appointed agencies to find out

                2.3          Malaysia Second Home Program

It is open to all citizens of countries recognized by Malaysia regardless of race, religion, gender or age. The applicant must prove a minimum fixed deposit of RM150,000 with any Malaysian financial institution AND have a monthly offshore income equivalent to at least RM7,000 if single or RM10,000 if with spouse. But if applicant is above 50 years old, he has only to prove either a fixed deposit of the same mount OR a monthly income as stated.  This program is initiated, organized and launched by the Malaysian Government. It is, therefore, a program, that the Government will continuously work to ensure its success.

Having a reputable sponsor can be helpful. However, this condition is not required if the financial background and status of the applicant satisfies the Processing Officer.

To have a medical report from any recognized hospital.

A medical health insurance valid in Malaysia .

The successful applicant cannot seek gainful employment in Malaysia unless he posseses special expertise and obtains the permission of the Malaysian government

3.                   Some Important Aspects for House Buyers

(Information from Ministry of Housing & Local Government of Malaysia )

3.1                Before you decide to buy a house, ensure that:-

·          The housing developer has a license and it is still valid.

·          The housing developer has an advertisement and sales permit and it is still valid.

3.2                Determine the house type

For landed property such as bungalows, semi-detached houses and terrace houses, the expected date of completion is 24 months from the date of signing of the Sales and Purchase Agreement.

For subdivided building such as condominiums, flats, apartments and townhouses, the expected date of completion is 36 months.

Buyers are advised to obtain from the housing developer the complimentary brochures with all the pertinent information about the project such the development's license number, and advertisement and sales permit.

3.3                Type of Land

Please ensure whether it is:-

Freehold land       -               It is in perpetuity
Leasehold land   -               check the number of years left
Malay Reserve

Note: The status of the land can be checked at the Land Office or the State Land Registrar.

                3.4          Brochure Information

Brochures are given free by the developers. Please ensure the brochure has the following information:-

3.4.1       The Housing Development’s License number and the expiry date
3.4.2       The advertisement and sales permit number and the expiry date
3.4.3       Name and address of:-

·          The licensed housing developer

·          Authorized agents (if any)

·          Those holding power of attorney (if any)

·          The project management company (if any)

3.4.4           Land Status:-

·          Freehold

·          Leasehold – number of years left

·          Encumbrances – whether the land has been mortgaged to the bank for a loan

3.4.5       Location Description

·          Building material specification

·          Size of building

·          Amenities/services

3.4.6           Name of housing project (if any)

3.4.7           Expected date of completion

3.4.8           Price of each type of house

3.4.9           Number of units for each type

3.4.10       Reference number of the approved building plan and name of the local authority.

Note: The rights of buyers must be understood as contained in the Sales and Purchase

Agreement as per schedules G and H of the Housing Development (Control and Licensing) Regulation 1989.

3.5                First Payment

The first payment of 10 per cent must be made upon signing of the Sales and Purchase Agreement. Please ensure the date of signing of the SPA and the date of first payment are the same.

Be aware that the housing developer is not allowed to collect any form of payment without a Sales and Purchase Agreement being signed.

3.6                Architect Certification

Make sure any demand by the developer for installment payment is supported by a certificate duly signed by an architect or a certified engineer.

                3.7          Interest on Late Payment

If the buyer or end financier for the buyer fails to pay the developer the progressive payment/installment within 21 working days from the date of the written notice of payment from the developer, the buyer will be charged an interest of 10 per cent per annum on the installment not paid.

                3.8          Termination of the Sales and Purchase Agreement

Aware that failure to make the progressive payment or interest charged on late payment for a period of more than 28 days will give the developer the right to terminate the Sales and Purchase Agreement. The developer must serve the notice in writing by AR registered post of its intention to terminate the SPA.

3.9                Infrastructural Maintenance Fee

Buyers must pay the cost of maintaining the infrastructure from the date of vacant possession till the date the responsibility is taken over by the local authority or management corporation (in the case of a subdivided building).

Infrastructure is defined as:-

·          For land and building

  (Road, driveway, drains, sewerage, pipelines and sewerage tank for the housing development)

·          For subdivided building
(Road, driveway, drains, sewerage, pipelines and sewerage tank for the building)

3.10            Maintenance and Management Fee

From the date of vacant possession the buyer shall be responsible for paying for services such as:-

3.10.1     For land and building

·          Refuse removal, upkeep of drains and grass-cutting on the road reserves

·          The buyer is responsible for such payment until such responsibility is taken over by the proper authority.

·          The buyer must pay a six months’ deposit upon being handed vacant possession for the services to be rendered. After six months, if the services are still not taken over by the relevant authority, any subsequent payment shall be payable on a monthly advance.

3.10.2     For subdivided building

·          Payment is for the cost of maintaining and managing the common area and payment starts when vacant possession is handed over.

·          The buyer shall pay one (1) month’s deposit and three (3) months’ advance in respect of the maintenance service charges and any payment thereafter shall be payable on a monthly advance.

·          Maintenance fee must be paid to the developer from the date of vacant possession up until the formation of a management corporation under the Strata Title Act 1985.

·          Once the management corporation is formed under the Strata Title Act 1985, maintenance services will be handled by the management corporation and the buyer must pay the maintenance fee to the management corporation and not to the developer.

Reminder:-
Maintenance fee must be paid as long as the buyer owns a parcel in the said maintained building.

3.11            Sinking Fund

For subdivided building only.

The buyer shall upon the date he takes vacant possession of the said parcel contribute to the sinking fund an amount equivalent to 10 per cent of the service charges.

The buyer shall pay one (1) month’s deposit and three (3) months’ advance in respect of the service charges to the sinking fund and any payment thereafter shall be payable on a monthly advance.

3.12            Payment of Quit Rent, Rate Assessment, etc

From the date of vacant possession or date of assignment, whichever is earlier, the buyer is responsible for the quit rent, assessment, rate payment and other charges relating to the property bought.

                3.13        Vacant Possession

Vacant possession on the building complete with water and electricity connection must be handed over within 24 calendar months from the date of signing of the SPA for landed property and 36 calendar months for subdivided building.

Regulation and Rights of House Buyers during the Handing over of Vacant Possession
Ensure the property is free from any encumbrances before accepting notice of vacant possession.

If the developer leases the land or the property, the developer must settle the balance payment before handing over vacant possession.

Conditions that must be followed by housing developers:-

(1)   Certificate from the developer’s architect stating that

a. The building is completed

b. Water and electricity are ready for connection

(2)     The developer has applied for:
a. The issue of the Certificate of Fitness for Occupation (CFO) through Form E *
b. The local authority has issued a notice stating that Form E has been checked              and accepted by the relevant authority.

Note: Form E is an application from the developer’s architect to the relevant authority for the issue of the CFO.

The buyer is entitled to enter into occupation of the property only upon issue of the CFO by the relevant authority and renovation may be carried out only upon issue of the CFO and approval of the plan by the relevant authority.

While inspecting the building, any defect is recorded and handed over to the developer to be rectified. Make sure you obtain a copy of the report.

The buyer is entitled to claim for late delivery from the developer.

3.14            Damages

If the developer fails to deliver vacant possession of the building as stipulated by the SPA, it must pay damages calculated on a daily rest, 10 per cent per annum of the purchase price.

                3.15        Defect liability period

The defect liability period is 18 months after the date of vacant possession.

Creation of Management Corporation for
Subdivided Building
A management corporation will be created once the strata title of each individual parcel is issued to the owners.

Other functions of the management corporation include insuring and maintaining the building.

                3.16        Enquiries and complaints

                                You may contact:

Monitoring and Enforcement Division
Ministry of Housing and Local Government

Level 3, Block B North, Pusat Bandar Damansara
50782 KUALA LUMPUR

Tel: 03-2094 7033   Fax: 03- 2092 5049