Housing

Development
Law
Professor Dr.Nuarrual Hilal Md
Dahlan ACIS (CS), (CGP), CC
School of Law
UUM College of Law, Government
and International Studies
Universiti Utara Malaysia
 Housing Development Act (Control
and Licensing) Act 1966 (Act 118)
 Preamble:
 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
‘Housing
Developer’

 Any persons, body of persons,

company, firm or society (by
whatever name described),
who or which engages in or
carries on or undertakes or
causes to be undertaken a
housing development
To develop or construct or
cause to be constructed in
‘Housing
any manner whatsoever
more than four units of
Development
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  Includes any building,
tenement or messuage
Accommodation’ 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
 Read section 3A
 Any housing developer ‘Licensed
licensed under section 5
to engage in or carry on
Housing
or undertake a housing Developer’
development and
includes the holder of
any power of attorney of
such housing developer
duly created under the
Powers of Attorney Act
1949
‘Certificate of  the certificate of
completion and
Completion and compliance given or
Compliance’ 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
Certificate of
Completion and
 Section 3 SDBA: means
the certificate given or
Compliance’ granted under any by-laws
under the SDBA made under this Act
 Issued by qualified
persons
 "qualified person" means a
Professional Architect,
Professional Engineer or
building draughtsman
registered under any
written law relating to the
registration thereof;
 Duties of a
Licensed
Housing
Developer
 Section 7(a)-(k)
Housing Development (Control and
Licensing) Regulations 1989
 Regulation 11:
Contract of Sale

 Schedule G
 Schedule H
 Schedule I
 Schedule J

 Regulation 13:
Penalties
Schedule G
 Sale and Purchase Agreement
(land and Building)
 Clause 20: maintenance of
services
 Clause 24: time for delivery of
vacant possession
 Clause 26: manner of delivery
of vp
 Clause 25: CCC
 Clause 27: Defect Liability
Period
 Third Schedule: Schedule of
Payment of Purchase Price
Schedule H  Sale and Purchase Agreement
(Building or Land Intended for
Subdivision into Parcels)
 Clause 17: Infrastructure and
maintenance
 Clause 18: common facilities
and services
 Clause 21: payment of service
charges
 Clause 25: time for vp
 Clause 27: manner of delivery
of vp
 Clause 30: defect liability
period
 Third schedule: schedule of
payment of purchase price
 Sale and Purchase
Agreement (Land and
Schedule I
Building)
 Clause 20: maintenance
of services
 Clause 24: time for
delivery of vp
 Clause 26: manner of
delivery of vp
 Clause 25: ccc
 Clause 27: defect liability
period
 Third schedule: schedule
of payment of purchase
price
 Sale and Purchase Agreement
Schedule J

(building or land intended for
subdivision into parcels)
 Clause 17: infrastructure and
maintenance
 Clause 18: common facilities and
services
 Clause 21: payment of outgoings
 Clause 25: time for delivery of vp
 Clause 27: manner of delivery of
vp
 Clause 26: vendor to obtain ccc
 Clause 30: Defect liability period
 Third schedule: schedule of
payment of purchase price
Final Examination

 Sections in Housing Development (Control

&Licensing) Act 1966 (Act 118)
 Sections 7, 7C, 8A, 11
 Schedule H, clause 30 Defect Liability Period
 Schedule J, clause 30 Defect Liability Period
 Section 56(1)(2) of the Contract Act
 Section 76 of the Contract At
Final Examination

 Chye Fook (HC) [1989] 1 MLJ 308 - entitled to

rescission of the contract & refund – principles
only
 Tan Yang Long (HC) [1992] 3 CLJ 666 - entitled to
rescission of the contract & refund – principles
only
 Xavier Kang Koon Mook (HC) [1995] 2 MLJ 91 -
entitled to rescission of the contract & refund –
principles only
 
Final Examination

 Steven Phoa Cheng Loon (HC) [2000] 4 MLJ

200 – F&P
 Steven Phoa Cheng Loon (FC) [2006] 2 MLJ
389 – F & P
 Steven Phao Cheng Loon (COA) [2003] 1
MLJ 567 – F & P