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Monday, August 4, 2008

Malaysian Home Buyers Guide (Part 1)




Dear Folks,

Guidelines for Buyers of Malaysian Residential Properties (Part 1)

In the next few weeks, I will be sharing in a few postings what every malaysian home buyers should know about buying residential properties in Malaysia. Whether you are 1st time home buyers or expat home buyers under or outside the Malaysia My 2nd. Home (MM2H) programmes, the posts should be of value to you.

First thing first, two basic questions:

1) What is a Malaysian home?

A Malaysian home is a "housing accomodation" that is developed under the Housing Development (Control and Licensing) Act (HDA Act 118) and Regulations (HDA Regulations). It includes "any building... which is wholly or principally constructed...for human habitation or partly for human habitation and partly for business premises" such as bungalows, semi-detached houses, terrace houses, townhouses, apartments, condominium apartments, soho apartments, shophouses all of which are built on lands (in Malaysia) that are designated or approved for residential use.

2) What is not a Malaysian Home?

A Malaysian Home "does not include an accomodation erected on any land (in Malaysia) designated for or approved for commercial development" such as service apartments, condotel, apartments above shopping podiums or complexes, resort apartments or chalets that are built on commercial land.

It is important to know the difference because a Malaysian Home is governed by and enjoy protections under the HDA Act while a residence on commercial land is protected by Malaysian common law.

Therefore, the 1st thing Malaysian home buyers should determine is whether the so-call "home" is built on residential land or commercial. If residential, then the safeguards and protections for Home Buyers under the HDA Act 118 shall apply

What are the safeguards and protections? Well, more in my next post tomorrow.

Douglas.

1 comment:

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