Legal Update: Housing Development (Control And Licensing) (Amendment) Regulations 2015

Housing Development (Control And Licensing) (Amendment) Regulations 2015
P.U. (A) 106 of 2015; Federal Subsidiary Legislation; Issuing Authority: Minister of Urban Wellbeing, Housing and Local Government
26 May 2015 (Date of Publication in Gazette: 01 June 2015; Effective Date: 01 July 2015) | Source: Attorney General’s Chambers E-Federal Gazette

HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966

HOUSING DEVELOPMENT (CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2015

In exercise of the powers conferred by section 24 of the Housing Development (Control and Licensing) Act 1966 [Act 118], the Minister makes the following regulations:

Citation and commencement

1. (1) These regulations may be cited as the Housing Development (Control and Licensing) (Amendment) Regulations 2015.

(2) These Regulations come into operation on 1 July 2015.

Amendment of regulation 2

2. The Housing Development (Control and Licensing) Regulations 1989 [P.U. (A) 58/1989], which are referred to as the “principal Regulations” in these Regulations, are amended in regulation 2-

(a) by substituting for the definition of “Appropriate Authority” the following definition:

‘ “Appropriate Authority” means any authority authorised under any written law in force in Peninsular Malaysia to approve subdivision of land, subdivision of buildings, building plans, the issuance of document of title and to enforce any other laws and includes any corporation, company or private agency licensed by the Appropriate Authority to provide water, electricity, telecommunication, sewerage services and other related services;’; and

(b) by inserting after the definition of “land” the following definition:

‘ “Land Parcel” has the same meaning assigned to it in the Strata Titles Act 1985;’.

Amendment of regulation 4

3. Regulation 4 of the principal Regulations is amended-

(a) in subregulation (1), by substituting for the words “may be made not later than sixty (60) days before the date of expiry” the words “shall be made not later than fourteen (14) days before the date of expiry”;

(b) by renumbering the existing subregulation (1A) as subregulation (1B); and

(c) by inserting after subregulation (1) the following subregulation:

“(1A) An application for renewal under subregulation (1) shall be made by a licensed housing developer until the certificate of completion and compliance is given or granted;”.

Amendment of regulation 5

4. Regulation 5 of the principal Regulations is amended-

(a) in subregulation (1), by deleting the word “licensed” after the word “any”; and

(b) in subregulation (3), by substituting for the words “paragraph (2) of this regulation” the words “subregulation (2) including the difference in price of property”.

Amendment of regulation 8

5. Regulation 8 of the principal Regulations is amended by inserting after subregulation (1) the following subregulation:

“(1A) Any advertisement made by any licensed housing developer shall not contain:

(a) offer of free legal fees;

(b) projected monetary return gains and rental income;

(c) claim of panoramic view;

(d) travelling time from housing projects to popular destinations; or

(e) any particulars to which a housing developer cannot genuinely lay proper claim.”.

Amendment of regulation 11

6. Subregulation 11(2) of the principal Regulations is amended-

(a) in the national language text, by substituting for the words “pemaju perumahan” the words “termasuk pihak yang bertindak sebagai pemegang kepentingan”; and

(b) in the English language text, by substituting for the words “housing developer” the words “person including parties acting as stakeholders”.

Deletion of regulation 11A

7. Regulation 11A of the principal Regulations is deleted.

Amendment of regulation 13

8. Subregulation 13(1) of the principal Regulations is amended by substituting for the word “twenty” the word “fifty”.

Substitution of Schedule G

9. The principal Regulations are amended by substituting for Schedule G the following Schedule:

Substitution of Schedule H

10. The principal Regulations are amended by substituting for Schedule H the following Schedule:

Substitution of Schedule I

11. The principal Regulations are amended by substituting for Schedule I the following Schedule:

Substitution of Schedule J

12. The principal Regulations are amended by substituting for Schedule J the following Schedule:

Savings

13. Notwithstanding the provisions of these Regulations, any licensed housing developer who before the coming into force of these Regulations was carrying on the business of housing development, may continue to carry on such business for such period and subject to such conditions as may be specified in the licence.

Made 26 May 2015
[KPKT/PUU/9/01 Jld.3; PN(PU2)31/XVI]

DATUK ABDUL RAHMAN DAHLAN
Minister of Urban Wellbeing, Housing and Local Government

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