Presented by Ar. Ezumi Harzani Ismail (pics credit). Act 118 - Housing Development Act 1966 An Act to provide for the control and licensing of the business of housing development in Peninsular Malaysia, the protection of the interest of purchasers and for matters connected therewith. What is ‘Housing Development’? Act 118 : Section 3. Interpretation. In this Act, unless the context otherwise requires— “housing development” means to develop or construct or cause to be constructed in any manner whatsoever more than four units of housing accommodation and includes the collection of moneys or the carrying on of any building operations for the purpose of erecting housing accommodation in, on, over or under any land; or the sale of more than four lots of land or building lots with the view of constructing more than four units of housing accommodation; “housing accommodation” includes any building, tenement or message which is wholly or principally constructed, adapted or intended for human habitation or partly for human habitation and partly for business premises and such other type of accommodation as may be prescribed by the Minister from time to time to be a housing accommodation pursuant to section 3A; Note: Message - term used in law that carries meaning of dwelling house. Standard Sale and Purchase AgreementHOUSING DEVELOPMENT (CONTROL AND LICENSING) REGULATIONS 1989 Sub-regulation 11. Contract of sale. (1) Every contract of sale for the sale and purchase of a housing accommodation together with the subdivisional portion of land appurtenant thereto shall be in the form prescribed in Schedule G and where the contract of sale is for the sale and purchase of a housing accommodation in a subdivided building, it shall be in the form prescribed in Schedule H. Schedule G: SALE AND PURCHASE AGREEMENT (LAND AND BUILDING) Schedule H: SALE AND PURCHASE AGREEMENT (BUILDING OR LAND INTENDED FOR SUBDIVISION INTO PARCELS) Schedule G: SALE AND PURCHASE AGREEMENT (LAND AND BUILDING)Clause 4. Schedule of Payments (1) The purchase price shall be paid by the Purchaser to the Vendor by installment and at the time and in the manner as prescribed in the Third Schedule. The Vendor is not bound to commence or complete the works in the order referred to in Third Schedule and the Purchaser shall pay the installments according to the stage of works completed by the Vendor… (2) Every notice referred to in the Third Schedule requesting for payment shall be supported by a certificate signed by the Developer's Architect or engineer in charge of the housing development and every such certificate so signed shall be proof of the fact that the works therein referred to have been completed.
LAM CERTIFYING GUIDELINES
Rules on CertificationsCertificate of Completion and Compliance Act 118 : Section 3. Interpretation. In this Act, unless the context otherwise requires-- “certificate of completion and compliance” means the certificate of completion and compliance given or granted under the Street, Drainage and Building Act 1974 [Act 133] and any by-laws made under that Act certifying that the housing accommodation has been completed and is safe and fit for occupation but does not include partial certificate of completion and compliance; Certification for Release of Money Act 118 : Section 22E. Release of moneys by a stakeholder. (1) Any stakeholder who releases any money to a housing developer or to any other person knowing that such an act is contrary to the provisions of the sale and purchase agreement shall be guilty of an offence and shall, on conviction, be liable to a fine which shall not be less than ten thousand ringgit but which shall not exceed one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both. (2) Any person who knowingly and wilfully aids, abets, counsels, procures or commands the commission of an offence against subsection (1) shall be liable to be punished with the punishment provided for the offence. Certification for Progress Payment Act 118 : Section 22F. Progress certification. (1) Any architect or engineer, as the case may be, who issues a progress certification knowing that the works therein referred to have not been completed in accordance with the provisions of the sale and purchase agreement shall be guilty of an offence and shall, on conviction, be liable to a fine which shall not be less than ten thousand ringgit but which shall not exceed one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both. (2) Any person who knowingly and willfully aids, abets, counsels, procures or commands the commission of an offence under subsection (1) shall be liable to be punished with the punishment provided for the offence.
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