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Published by PEMUDAH Pasukan Petugas Khas Pemudahcara Perniagaan The Special Taskforce to Facilitate Business PEMUDAH SECRETARIAT MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY 5th Floor, Block 10 Government Offices Complex Jalan Duta 50622 Kuala Lumpur Tel : 03 6203 4745 / 5368 Fax : 03 6201 9459 www.pemudah.gov.my ©Copyright 2010, PEMUDAH All rights reserved No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of the publisher. Disclaimer The information contained in this Guidebook is correct at the time of publication. Date March 2010 Third Edition This Guidebook focuses on the process of registering property with or without individual titles and to transfer the titles ensuing the execution of the sale or gift of the property. It is hoped that this Guidebook will help the general public and investors understand the processes and procedures of the various government departments involved in registering property in Peninsular Malaysia.

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

TABLE of CONTENTS

4 1 Pre-Registration : Contract of Sale 5 2 Stages of Registering Property 6 2a Processing Stage 7 2a.1 Adjudication of Form 14A / Deed of Assignment (DOA) 7 2a.1.1 Submission for Adjudication 7 2a.1.2 Valuation of Property 9 2a.1.3 Stamping of Form 14A / DOA 9 2b Registration Stage 13 2b.1 Registration of Transfer of the Property (for property with individual title) 13 2b.2 Assignment of Property (for property without individual title) 14 3 Conclusion 17 WALKING THROUGH THE SYSTEM A. Property with Title (Freehold, Leasehold) 20 Step 1 Private Land Search on Individual Title 21 Bankruptcy Search 21 Winding-Up Search 21 Step 2 Signing of SPA 21 Step 3 Redemption Statement 22 Step 4 Adjudication Process 23 Step 5 Presentation of Form 14A 23 WALKING THROUGH THE SYSTEM B. Property without Title (Freehold, Leasehold) 29 Step 1 Private Land Search on Master Title 30 Bankruptcy Search 30 Winding-Up Search 30 Step 2 Signing of SPA 30 Step 3 Redemption Statement 30 Step 4 Adjudication Process 32 Step 5 Registration of Transfer 32



INTRODUCTION

Diagram 1 Diagram 2 Diagram 3 Diagram 4

- Flowchart of Registering Property with Title - JPPH Workflow Valuation Process - Comparison of the Manual & Online System (STPH / STAMPS) - Workflow of Registration Process at Kuala Lumpur Land Registry (for landed property with individual title)

6 11 12

15

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA



Diagram 4A

Diagram 5 Diagram 6 Diagram 7 Diagram 8 Diagram 9 Diagram 10 Diagram 11 Diagram 12

- Workflow of Registration Process at Kuala Lumpur Land Registry [for consent to transfer involving property with restriction-in-interest / leasehold (if required)] - Initiative for Improving Registering Property (Freehold and Leasehold Landed) - Obtaining Redemption Statement in Straightforward Cases - The Procedures for Sub-Sale of Properties with Title (Freehold or Leasehold) from buyer’s point of view - Release of Original Title in Straightforward Cases - Type of Transactions in Property Sale and Purchase - Obtaining Redemption Statement in Straightforward Cases - The Procedures for Sub-Sales of Property without Title (Freehold or Leasehold) from buyer’s point of view - Release of Original Documents in Straightforward Cases

16 18 22

24 26 28 31

33 34

Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Appendix 5a Appendix 6 Appendix 7 Appendix 8 Appendix 9 Appendix 10 Appendix 11 Appendix 12



- Issue Document of Title - Form of Private Land Search - Memorandum of Transfer (Form 14A) - Form PDS 3 - Form PDS 15 (Online) - Form PDS 15 (Manual) - Notice of Assessment - Discharge of Charge (Form 16N) - Charge (Form 16A) - Application for Private Caveat - Withdrawal of Private Caveat - Cost of Registering Properties (Registration Fees) - Schedule 17 Application for Consent to Transfer and Charge

36 39 40 44 45 48 50 52 55 59 61

GLOSSARY CONTACTS ACKNOWLEDGEMENT

72 74 82

62 67

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

INTRODUCTION Registering Property The speed of getting property registered is one of the elements that impact a country’s competitiveness. Onerous processes and procedures for property registration affect the ease of doing business.

4

PEMUDAH’s Focus Group on Registering Property worked to improve the processes and enhance transparency in the procedures for registering property. This group comprised members from the Stamp Office Division of the Inland Revenue Board of Malaysia, Valuation and Property Services Department of the Ministry of Finance and the Land Office / Registry under the State Government. The improvements made include: • e-Stamping, an on-line stamping system involving agent and the Stamp Office or Revenue Service Centre (RSC) which comprises:• Sistem Taksiran Pindah Milik Harta Tanah (STPH) • Stamp Assessment and Payment System (STAMPS) • The valuation process by the Valuation and Property Services Department [Jabatan Penilaian dan Perkhidmatan Harta, (JPPH)]; • Computerisation of the property registration system in the Land Office / Registry. Processes have been streamlined to the extent that it now generally takes 2 working days for a Standard Property to be registered in Peninsular Malaysia. The “Walking Through the System” in this guidebook provides an illustrated step-by-step guide which includes the time and costs involved, in a sample case.

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

1

Pre-Registration : Contract of Sale

There are 2 types of sale and purchase of property namely: 1 Purchase from property developers • The sale and purchase of property (housing accommodation) which is under construction from a property developer is governed by the Housing Development (Control and Licensing) Act, 1966; or • The sale and purchase of completed property from a property developer. 2 Purchase of completed property direct from owner of the property (sub-sale) • Sub-sale purchase is between the buyer and the owner; it is by way of private contract where the parties are free to dictate their respective terms and conditions. Regardless, a non-regulated contract of sale between the seller and the buyer needs to be in written form, signed and duly stamped for the protection of the interest of both parties in the discharge of their respective legal obligations. Both seller and buyer are advised to appoint their own lawyer to represent them individually in the conduct of the sale and purchase transaction through completion. Some of the salient points of the Sale and Purchase Agreement (SPA) are: • Detailed particulars of the buyer and the seller; • Details of the property as specified in the Issue Document of Title (IDT); • The purchase price and the mode of payment; • Payment of the deposit, normally 10% of the purchase price; • Normally the time frame to pay the entire purchase price is within 3 months free of interest (“Completion Date”) plus another one month extension period (“Extended Completion Date”) with interest at a mutually agreed percentage payable to the seller; • If the buyer fails to pay within the time frame, the deposit paid will be forfeited by the seller and the SPA rescinded; • Inspection of the property and listing of any fixtures and fittings (if applicable); • The time and manner to hand over the property to the buyer; and • The remedy for any breach and liquidated damages for failures by either party. Once detailed terms of the SPA have been agreed, the buyer and seller will sign: • The SPA; • Form 14A under the National Land Code, 1965 (NLC) (for property with individual title); or • Deed of Assignment (DOA) (for property without individual title).

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GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

2

Stages of Registering Property

There are 2 main stages in the process of registering property in Malaysia (Diagram 1). These stages are geared towards registration of property (land and building) using Memorandum of Transfer - Form 14A at the relevant Land Office / Registry in compliance with the NLC.

Sale and Purchase Agreement (SPA)

6

Registration Stage

Processing Stage

Department Involved

Adjudication of Form 14A for stamp duty (Stamp Office / RSC) Valuation of the property*

Stamp Office / RSC and JPPH

Payment of stamp duty and stamping of Form 14A

Registration of transfer of the property

Land Office / Registry

*valuation by JPPH is part of the stamping process by Stamp Office / RSC

Diagram 1 - Flowchart of Registering Property with Title

Note: Valuation and Property Services Department / Jabatan Penilaian dan Perkhidmatan Harta is established under the Ministry of Finance to advise the Government on valuation of real estate, property development and management. Stamp Office / RSC is a unit in the branches under the Inland Revenue Board of Malaysia / Lembaga Hasil Dalam Negeri Malaysia (LHDNM). Land Office / Registry is a department under the respective State Government where the property is situated.

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

2a

Processing Stage

2a.1 Adjudication of Form 14A / Deed of Assignment (DOA) • Form 14A / DOA will be submitted to Stamp Office / RSC for adjudication. • Submission can be made either manually or online through the website, http://pinharta.hasil. gov.my under STPH or http://stamps.hasil.gov.my under STAMPS. To date, e-Stamping is available to legal firms, banks, company secretaries, accounting firms and companies.

2a.1.1 Submission for Adjudication:1. Form 14A Item

Manual Submission

7 Online Submission (STPH / STAMPS)

1

2 copies of cover letter from the lawyer

2

A copy of stamped SPA

Relevant pages of stamped SPA include:- date of agreement - selling price - schedule of payment - plan / map of property - signing page - name of seller and buyer

3

A copy of IDT

A copy of IDT

4

Other relevant supporting documents related to the transfer

Other relevant supporting documents related to the transfer

5

5 copies of Form PDS 15

A copy of Form PDS 15

6

Form 14A

Form 14A

Note: 1. Stamp Office / RSC will check the document. Once accepted, an adjudication number will be given on Form 14A and returned to the lawyer.

Note: 1. Item 5 above is through data entry whilst others are submitted as attachments.

2. If it has been e-Stamped evidence of DOA is not required.

2. Once accepted, an adjudication number will be assigned by the system.

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

2. Deed of Assignment Item

8

Manual Submission

Online Submission (STPH / STAMPS)

1

2 copies of cover letter from the lawyer

2

A copy of stamped SPA

Relevant pages of stamped SPA include:- date of agreement - selling price - schedule of payment - signing page - name of seller and buyer

3

Deed of Assignment

Relevant pages of DOA include:- date of agreement - signing page - name of seller and buyer - address of property

4

Other relevant supporting documents related to the transfer

Other relevant supporting documents related to the transfer

5

5 copies of Form PDS 15

A copy of Form PDS 15

Note: 1. Stamp Office / RSC will check the document. Once accepted, an adjudication number will be given on DOA and returned to the lawyer.

Note: 1. Item 5 above is through data entry whilst others are submitted as attachments. 2. Once accepted, an adjudication number will be assigned by the system.

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

2a.1.2

Valuation of Property

• Valuation by JPPH is part of the stamping process by Stamp Office / RSC for cases where valuation is required. • Upon receipt of the application for valuation from the Stamp Office / RSC, JPPH will process the application and a valuation report will be prepared and subsequently sent to the Stamp Office / RSC. JPPH’s workflow for the valuation process is shown in Diagram 2 (page 11). The time taken by JPPH to complete a valuation request is between 1 to 8 working days. For Standard Property it takes only 1 working day. A longer period may be required if the property is a complex property, for example shopping complex, multi-storey office building or industrial complex.

2a.1.3

Stamping of Form 14A / DOA

• The Stamp Office / RSC will issue a Notice of Assessment either manually or online through STPH / STAMPS. • The Notice of Assessment will indicate the stamp duty payable for the transfer of property. • The rate of chargeable stamp duty will depend on the value of the property as prescribed by the Stamp Act, 1949, as follows: Property Value

Stamp Duty Chargeable

For the first RM 100,000

1%

For amount in excess of RM 100,000 but not exceeding RM 500,000

2%

For any amount in excess of RM 500,000

3%

• Payment must be made to the Collector of Stamp Duty through the Stamp Office / RSC within 30 days from the date of the Notice of Assessment via the following:• Electronically via Financial Processing Exchange (FPX); or • At the Stamp Office / RSC by: - Bank Draft; or - Client’s Account Cheque; or - Postal Order; or - Money Order; or - Cash.

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GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

A penalty will be imposed for payment exceeding 30 days from the date of the Notice of Assessment as follows: Duration

10

Penalty Chargeable

If stamped within 3 months after the time of stamping

RM 25 or 5% of the chargeable duty (whichever sum be the greater)

If stamped later than 3 months but not later than 6 months after the time of stamping

RM 50 or 10% of the chargeable duty (whichever sum be the greater)

If stamped later than 6 months

RM 100 or 20% of the chargeable duty (whichever sum be the greater)

The Stamp Office / RSC requires the following documents: • Original Notice of Assessment and Form 14A / DOA; • Form PDS 3; • Bank Draft / Client’s Account Cheque / Postal Order / Money Order / Cash; and • Payment by Setem Hasil which shall not exceed RM 500.00.

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

Start Request of Valuation Received Processing of Request NO

Application Complete?

Return to Originator

YES Determine Location of Property Open File / Retrieve Existing Data Determine the Type of Data Data Collection

NO

Need for Field Inspection? YES Inspection Valuation

Approval by Supervisor

NO

Within Signing Power? YES Report to Client Update Office Record

End Diagram 2 - JPPH Workflow Valuation Process

11

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

A comparison of the manual and online systems is demonstrated in Diagram 3.

1 Day

8 Days

1 Day

Stamp Office / RSC sends application to JPPH

12

Stamp Office / RSC sends application to JPPH

1-8 Days

1-8 Days

1 Day

Stamp Office

8 Days

1 Day

of Assessment by Stamp Office / RSC

1 Day

Max 24 Days

of Form 14A at Stamp Office / RSC

Total 2 Days

Max 10 Days

of Form 14A at Stamp Office / SRC

Total 1 Day

- Valuation for Standard Property will be done in 1 day - Valuation for Non-Standard Property will be done in 1-8 days

Diagram 3 - Comparison of the Manual & Online System (STPH / STAMPS)

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

2b

Registration Stage

2b.1 Registration of Transfer of the Property (for property with individual title) For registration of property, submission of the duly stamped Form 14A at the Land Office / Registry must be accompanied with: • Original IDT (Issue Document of Title); • Certified copies of the buyer’s and seller’s NRIC / passport; or • Company Memorandum and Articles of Association, Companies Commission of Malaysia (CCM) Company Search, Company Resolution, Return of Allotment of Shares - Form 24, List of Register of Directors, Managers and Secretaries - Form 49; • Fees as prescribed by the Land Office / Registry; • A copy of current Quit Rent and Assessment Receipt. Checklist for registration of transfer of property at Kuala Lumpur Land Registry : (for landed property with individual title) Item 1

Required Document Completed Form 14A • A copy of NRIC / Passport (if Individual); Company Memorandum and Articles of Association, Companies Commission of Malaysia (CCM) Company Search, Company Resolution, Return of Allotment of Shares - Form 24, List of Register of Directors, Managers and Secretaries Form 49 (if company) • Letter of Consent to Transfer (where applicable) • Letter of Consent to Charge (where applicable)

2

Original Issue Document of Title (IDT)

3

Payment of prescribed registration fee

4

Copies of current Quit Rent and Assessment receipts

• The Land Administrator will endorse the name of the buyer in the Register Document of Title (RDT). • The RDT is kept in the strong room at the Land Office / Registry itself. • The Land Office / Registry will subsequently issue a new IDT to the buyer within 1 working day from the date of submission.

13

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

All Land Offices / Registries in Peninsular Malaysia are committed to issue the new IDT within the specified time frame. Generally it takes 1 working day for registering of property. The process of registering property at the Kuala Lumpur Land Registry is shown in Diagram 4 (page 15). Diagram 4A (page 16) presents the workflow of the registration process at Kuala Lumpur Land Registry (for consent to transfer involving leasehold property).

2b.2 Assignment of Property (for property without individual title)

14

No registration is required for properties without individual titles simply because the Land Office / Registry does not have records of individual properties until the individual titles are issued. Properties without individual titles can be sold or change hands by means of a document called the Deed of Assignment (“DOA”). A DOA is a legal instrument used as a means of conveyance of rights to property whereby the Seller (“Assignor”) assigns his rights and title to the property to the Buyer (“Assignee”). By the DOA, the Seller’s rights, interest and title to the property as enshrined in the SPA, usually called the Principal SPA (between the First Purchaser, the Developer and / or Proprietor) is assigned to the Assignor. Once the DOA is duly executed and stamped, the Assignee acquires legal rights and title to the property assigned. The only difference is that it is not registered at the Land Office / Registry. The DOA has to be adjudicated in a similar manner as for property with title but instead of Form 14A, the original copy of the DOA is submitted together with Form PDS 15.

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

Initial Process (Counter Process)...……………...…….……………............ Start

Receive Application

Incomplete Check for completeness of documents Complete Receive payment, print receipt and produce presentation number

15

Data Entry Process...……………………….…………………………............. DEP officer checks the documents

Print verification document and propose for registration, rejection or suspension

Decision Process...…………...…………….…………………………............. Verification by DP officer If no, to inform applicant of the 14 days suspension

Yes Can the processed document be registered?

Register (print new title and notice)

Sorting Process...…………...……....……….…………………………............ Sorting Send document : 1. IDT - Collection Counter 2. RDT - Strong Room

Collection Process...…...…...……....……….…………………………........... *Definition Data Entry Process (DEP) Decision Process (DP) Issue Document of Title (IDT) Register Document of Title (RDT)

End

Diagram 4 - Workflow of Registration Process at Kuala Lumpur Land Registry (for landed property with individual title)

1 Day

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

Application Received INCOMPLETE COMPLETE CHECKING

16

Record & Open File

Verification of Documents

Required documents: • Application form (Appendix 12) • Copy of seller’s and buyer’s NRIC • Certified True Copy of Titles or official search endorsed by Land Administrator • Copy of latest Quit Rent receipt • Copy of latest Assessment receipt • Letter of no objection from financial institution (if presently charged) • RM50 processing fee • Proof of relationship* • Memorandum & Articles of Association • Form 24 & 49 - Companies Act, 1965 (if applicable)

Checking & Endorsement by Assistant Registrar

PTG’s Consent

Preparation of Notification

Forward to Applicant Maximum Total : 1 Day

*Definition Director of Land & Mines (PTG)

Diagram 4A - Workflow of Registration Process at Kuala Lumpur Land Registry for consent to transfer involving property with restriction-in-interest / leasehold (if required)

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

3

Conclusion

The initiatives taken have resulted in the following continuous improvements across all government agencies involved as stated in Diagram 5 (pages 18 & 19): • Duration of the transfer of property generally takes 2 working days for Standard Property; • Simplified procedures via online system; • Easy tracking and traceability of the status of stamping process; • Cost efficient; and • Integrity of the system enhanced. Further to the improvements made, Stamp Office / RSC has embarked on enhancing STAMPS to further improve the stamping process of instruments related to transfer of property. The Land Office / Registry is moving towards simplified and standard forms for land related transactions to be adopted by all states in Malaysia. This joint effort by the public and private sectors as well as experts in their respective fields contributed in improving the delivery system.

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GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

Duration for STPH / STAMPS 2010 Report

(1 day) SPA sent to Stamp Office / RSC for stamping

18

(1 day) Form 14A sent to Stamp Office / RSC for adjudication

1

SPA sent to Stamp Office / RSC for stamping

/ RSC

S

/ RSC

(36 days)

Streamlining Valuation Process and

by JPPH

Stamp Office / RSC

(1 day)

Stamp Office / RSC

/ RSC stamping to lawyer electronically, by post if manual

Diagram 5 - Initiative for Improving Registering Property (Freehold and Leasehold Landed)

1

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

Duration for STPH / STAMPS 2010 Report

(105 days)

1

1

Simplification and standardisation of forms captured by the checklist for lawyers. (to benchmark against Kuala Lumpur Land Registry).

1

: Generally purchases from property developers are not referred to JPPH for valuation.

2

: Both systems exclude the revised duration required for getting the State approval for consent to transfer of 21 days

3

: For Standard Property the process can be completed in 2 days.

The purchase price is normally taken to be the market value of the subject property. for leasehold property and for acquisition of property by a foreigner.

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GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

WALKING THROUGH THE SYSTEM A. Property with Title (Freehold, Leasehold) The case given here is for the purpose of illustration only. The names and vital information mentioned are fictitious and attached for ease of understanding. Johari (“Seller”) is the owner of a double-storey terrace house in Kuala Lumpur (“Property”) who intends to sell it to Hakimi (“Buyer”) for RM 580,000.00 (“Purchase Price”). To formalise the purchase, Hakimi will pay Johari an earnest deposit equivalent to 2% of the Purchase Price. A formal Sale and Purchase Agreement (“SPA”) will usually be signed by both parties within 14 days thereafter.

20

Upon receipt of the earnest deposit, Johari will give a photocopy of the individual title (Appendix 1) to Hakimi as proof of Johari’s ownership to the Property. Hakimi will then appoint a solicitor to conduct the necessary search and prepare the draft SPA. The terms and conditions of the SPA usually provide that a deposit of 10% (“Deposit”) shall be payable upon execution of the SPA. As 2% is already paid, the balance 8% will be paid on signing the SPA. The balance 90% of the purchase price (“Balance Purchase Price”) shall be paid within 3 months from the date of the SPA. An extension period of 1 month is given if Hakimi is unable to pay Johari within the 3 months. An interest rate ranging from 8% to 10% is usually chargeable for the extension period. Hakimi will appoint a lawyer to represent him to conduct the sale transaction who will ensure that the terms and conditions of the SPA are favourable to Hakimi and his rights are also well protected. Simultaneously, Hakimi will also approach a Bank to apply for a loan (“Loan”) to partly finance his purchase of the Property.

The lawyer acting for Hakimi will, in the usual course of events, proceed to conduct the following searches:• A private land search on the individual title at the Land Office / Registry; • Bankruptcy searches on both Johari and Hakimi; and • Winding-up search (if Buyer / Seller is a company).

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

STEP 1

Private Land Search on Individual Title

A private land search is a process which allows a person to obtain up-to-date information on the status of a particular piece of land. The information stated on the private land search report is extracted from the Register Document of Title (“RDT”) and is usually similar to the information stated in an IDT. It should be noted that the private land search report may reveal additional information not available on the IDT such as private caveats or charge. To conduct a private land search, the lawyer has to fill up a form known as Private Land Search Form (Borang Permohonan Carian Persendirian) (Appendix 2). Submission is made at the Kuala Lumpur Land Registry with payment of a prescribed fee of RM 30 per title search. The private land search will reveal details / particulars of the title such as the status of the land whether freehold or leasehold and charge in favour of a bank, if any. Bankruptcy Search The search is conducted at the Insolvency Department of Malaysia (Jabatan Insolvensi Malaysia) to determine the legal status of both Johari and Hakimi. • The search is conducted online with a prescribed fee of RM 12 per name search. • If Johari is a bankrupt, the sale transaction requires the Official Assignee’s approval. • If Hakimi is a bankrupt, he is prohibited by law from entering into a contract of sale and thus cannot purchase any property. Winding-Up Search • Winding-up search is conducted if either or both Seller and Buyer is a company.

STEP 2 Signing of SPA Hakimi and Johari will sign the SPA. • Memorandum of Transfer (Appendix 3) • Form PDS 15 (Appendix 5 or 5A)

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GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

STEP 3

Redemption Statement

Johari needs to settle all of his outstanding loan to his bank before he can sell his Property to Hakimi. The SPA will address the arrangement to the effect that Johari’s outstanding loan to his bank will be paid by Hakimi or Hakimi’s end-financier (Bank). Such payment which will form part of the purchase price is known as the “Redemption Amount”. • Johari’s lawyer will proceed to request for a Redemption Statement from Johari’s bank. • Johari’s bank will, upon receiving such a request issue a Redemption Statement usually within 2 working days in favour of Hakimi (if cash purchase) or in favour of Hakimi’s bank (if purchase with Loan) as set out in Diagram 6. • The Redemption Statement will specify the Redemption Amount and the deadline for payment.

22

• Johari’s bank will impose nominal charges for the issuance of the Redemption Statement. This request is normally made after Hakimi has obtained his loan. Parties

Process

Bank

• Receives letter requesting for redemption statement • Checks account status • Checks system for legal financial status of customer • Cross references with the security document in regards to the property description • Computes redemption sum • Issues redemption statement • Debits account for service charge

Lawyer (acting for the seller / financier) and Seller

• Lawyer receives letter • Seller receives c.c. letter together with debit advice

Diagram 6 - Obtaining Redemption Statement in Straightforward Cases

Before Hakimi’s bank releases Hakimi’s loan, Hakimi is to settle the difference between the purchase price and the loan granted by Hakimi’s bank (the Differential Sum). In Hakimi’s case, if the loan is RM 500,000.00, the differential sum is RM 22,000.00 as derived from the following calculation.



Purchase Price Loan Amount Less (-) Deposit Less (-)

RM 580,000.00 RM 500,000.00 RM 58,000.00

Differential Sum

RM 22,000.00

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

STEP 4

Adjudication Process

• Online submission of Form PDS 15 will be made through STPH / STAMPS to the selected Stamp Office / RSC to determine the chargeable stamp duty. Samples of Form PDS 3 and Form PDS 15 are in Appendix 4 and Appendix 5 and 5A respectively. • The Stamp Office / RSC will forward the documents submitted for adjudication to JPPH, if valuation is required. • Upon receipt of the documents from the Stamp Office / RSC, JPPH will carry out a valuation of the property. An inspection will be carried out prior to the valuation if there is a need to verify the conditions of the property. • The valuation will then be reported to the Stamp Office / RSC. • The Stamp Office / RSC will then issue a Notice of Assessment stating the amount of stamp duty payable. • Hakimi’s lawyer will arrange for payment of the stamp duty accompanied with Form 14A.

STEP 5

Presentation of Form 14A

At this stage the property transaction would have achieved the following: 1. Form 14A is stamped with payment of the chargeable stamp duty. 2. Redemption Amount paid to Johari’s bank. 3. Hakimi’s financing legal documents have been completed. 4. Submission of Form 14A. A summary of Steps 1 to 5 is shown in Diagram 7 (pages 24 & 25).

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GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

• SPA - 4 copies

• • • • • • •

24

• • •

• • Stamp Office / RSC

• On the assumption that buyer’s loan has been approved, sign SPA • •

• The latest Quit Rent receipt • The latest Assessment paid to the Local Authority

• Redemption Statement • Obtain Redemption Statement and Letter of and Letter of Undertaking from seller’s end financier Undertaking addressed • Obtain Letter of Instruction from buyer’s directly to buyer’s end end financier (Bank) for the amount approved, financier (Bank) pay to seller the Differential Sum • Letter of Offer from buyer’s end financier (Bank)

• - Notice of Assessment is extracted (Stamp Office / RSC)

• • •

seller and buyer • Land search and copy of title • Letter of Offer from buyer’s end financier (bank)

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

Responsibility

Procedures For Transfer

Document

• SPA Lawyer • Financier’s Lawyer

STEP 5 • Payment of Stamp Duty according to the Notice of Assessment (within 30 days from the date of the Notice, failing which, penalty will be imposed by the Stamp Office / RSC) • Payment of Stamp Duty according to the Notice of Assessment • Pay Redemption Amount to Seller’s Financier • Stamp Form 16A and send for endorsement • Withdraw Caveat • Do land search • Present Form 14A Land Office / Registry • Present Form 16A

• Form 14A • Original Notice of Assessment • Payment: Bank Draft Client’s Account / Postal Order / Money Order / Cash. Payment by Setem Hasil which shall not exceed RM 500.00 • Original IDT obtained • Original Form 16N • Duplicate of Form 16A from Seller’s Financier • Quit Rent receipt • Assessment receipt • Form 16A • Discharge of Charge Form 16N

Diagram 7 - The Procedures for Sub-Sale of Properties with Title (Freehold or Leasehold) from buyer’s point of view

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GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

1.

Payment of Chargeable Stamp Duty

In Hakimi’s case, the chargeable stamp duty can be determined from the rates specified in the Stamp Act, 1949 as follows: Rates

Chargeable Duty





RM 100,000

1%

RM 1,000





RM 400,000

2%

RM 8,000



RM 80,000

3%

RM 2,400

RM 580,000

RM 11,400



26

Purchase Price

Total

The lawyer will be able to retrieve the Notice of Assessment online through STPH / STAMPS. A sample of the Notice of Assessment is attached in Appendix 6.

2.

Payment of Redemption Sum

Hakimi’s bank will release the Redemption Sum to Johari’s bank, after : • exchange of Letters of Undertakings between the banks and Hakimi’s lawyer; • presentation of a Private Caveat by Hakimi’s bank at the prescribed fee; and • confirmation that Hakimi has paid the Differential Sum. Johari’s bank will then provide Hakimi’s lawyer Form 16N (Appendix 7), the original IDT and other supporting documents. The normal duration for the IDT to be released by a bank would be 5 working days from the date of receipt of the Redemption Sum, as illustrated in Diagram 8. Parties

Process Receives cheque • Credits account • Sends cheque for clearance

Bank



After cheque clearance • Closes the term loan / term financing account (debit interest / profit due, early settlement fees, etc) • Prepares Bankers Cheque (refund excess to seller if any) • Informs seller • To forward to lawyers the following: (i) Executed Discharge of Charge Form 16N, Bankers Cheque; (ii) IDT and Duplicate Charge Form 16N and all other relevant documents, etc.

Diagram 8 : Release of Original Title in Straightforward Cases

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

3.

Financing Documents

• Hakimi’s lawyer must then compile all documents required for registration of the Property in favour of Hakimi and registration of the charge in favour of Hakimi’s bank before the bank can release the loan sum or balance remaining of the purchase price. • The Property will be charged to Hakimi’s bank as the security for Hakimi’s monthly payments for the loan. • Hakimi’s bank will subsequently instruct its lawyer to prepare the loan agreement, Form 16A (Appendix 8) and Annexure. The loan agreement specifies which document is a principal document and a subsidiary document. In most cases, the loan agreement will be classified as the principal document and Form 16A together with other supporting documents will be its subsidiary documents. • The full chargeable rate will be paid for the principal document. • The chargeable Stamp Duty will be paid on the loan agreement and the Collector will endorse on Form 16A as confirmation of full payment. • The chargeable rate is 0.5% of the loan amount. In Hakimi’s case the stamp duty for the principal financing document is RM 2,500. Other supporting documents will be stamped for the chargeable stamp duty of RM 10 each.

4.

Submission of Form 14A

The Forms will be submitted to Kuala Lumpur Land Registry for corresponding purposes and compliance for processing: Purpose

Process and Document

Uplifting of all encumbrances

• Withdrawal of Johari’s bank interest through Form 16N for a fee of RM 50. A copy of Form 16N is as attached in Appendix 7. • Withdrawal of Private Caveat-Form 19G for a fee of RM 50.

Registration of Property in favour of Hakimi

• Register Form 14A for a fee of RM 100 • Original IDT

Creation of charge in favour of Hakimi’s bank

• Register Form 16A for a fee of RM 100*

*Each State has the prerogative to impose and gazette the prescribed fee for the process. Please refer to Appendix 11 for the fees.

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The documents involved are as listed in Diagram 9. Property with Title Fully paid

Vendor still owes bank

• Individual Title under Seller’s name

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• Title is under Seller’s name but is still charged with the Bank • Title must be redeemed from the Seller’s Bank • Property must be free from encumbrance to be charged by Buyer’s Bank Documents Involved

1. SPA 2. Form 14A 3. Original IDT 4. Form PDS 15 5. New Form 16A

All the forms stated in 1-5 together with the forms below: 6. Form 16N 7. Entry of Caveat by Buyer’s Financier (Caveat Form)

Diagram 9 - Type of Transactions in Property Sale and Purchase

5.

Registration of Property

• Form 14A will pass through all the processes involved as set out in the flowchart in Diagrams 3 and 4. • The IDT will be ready for collection by Hakimi’s lawyer within 1 working day. Handing Over Property • Hakimi’s bank will release the balance purchase price after a Charge has been created in its favour. • Johari will receive payment of the balance purchase price from Hakimi’s bank. • Payment is normally made 3 days before exchange of keys and apportionment of outgoings for the Property.

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

WALKING THROUGH THE SYSTEM B. Property without Title (Freehold, Leasehold) The case given here is for the purpose of illustration only. The names and vital information mentioned are fictitious and attached for ease of understanding. Note: The terms of the SPA are for illustration purposes only and mirror general terms normally for similar transactions. They may vary according to the agreement between the buyer and seller as advised by their respective lawyers.

Johari (“Seller”) is the owner of a newly completed condominium unit in Kuala Lumpur (“Property”) and intends to sell it to Hakimi (“Buyer”) for RM 280,000.00 (“Purchase Price”). To formalise the purchase Hakimi will pay Johari an earnest deposit equivalent to 2% of the Purchase Price. A formal Sale and Purchase Agreement (“SPA”) is to be signed by both parties within 14 days thereafter. Upon receipt of the earnest deposit, Johari will give a photocopy of the SPA between him and the Developer (“Principal SPA”) to Hakimi as proof that Johari is the beneficial owner of the Property. Hakimi will then appoint a solicitor to conduct the necessary searches and prepare a draft SPA. The terms and conditions of the SPA usually provide that a deposit of 10% (“Deposit”) shall be payable upon execution of the SPA. As 2% is already paid, the balance 8% will be paid upon signing of the SPA. The balance 90% of the purchase price (“Balance Purchase Price”) is to be paid within 3 months from the date of the SPA. An extension period of 1 month is given if Hakimi is unable to pay Johari within 3 months. An interest rate ranging from 8% to 10% is usually chargeable for the extension period. Hakimi will appoint a lawyer to represent him to conduct the sale transaction who will ensure that the terms and conditions of the SPA are favourable to Hakimi and his rights are also protected. Simultaneously, Hakimi approaches a Bank to apply for a loan (“Loan”) to partly finance the purchase of the Property. The lawyer acting for Hakimi will, in the usual course of events, proceed to conduct the following searches:• Private land search at the Land Office / Registry on the Master Title on which the parcel is erected; • Bankruptcy searches on both Johari and Hakimi; and • Winding-up search on the Buyer / Seller (if it’s a company), developer and land owner (if developer is not the land owner).

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STEP 1

Private Land Search on Master Title

A private land search is a process which allows a person to obtain up-to-date information on the status of a particular piece of land. The information stated on the private land search report is extracted from the Register Document of Title (“RDT”) and is usually similar to the information stated in an IDT. It should be noted the private land search report may reveal additional information not available on the IDT such as private caveats or charge. To conduct a land search on the Master Title, the lawyer has to fill up a form known as Private Land Search Form (Borang Permohonan Carian Persendirian) (Appendix 2).

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Submission is made at the Kuala Lumpur Land Registry with payment of a prescribed fee of RM 30 per title search. Bankruptcy Search The search is conducted at the Insolvency Department of Malaysia (Jabatan Insolvensi Malaysia) to determine the legal status of both Johari and Hakimi. • The search is conducted online with a prescribed fee of RM 12 per name search. • If Johari is a bankrupt, the sale transaction requires the Official Assignee’s approval. • If Hakimi is a bankrupt, he is prohibited by law from entering into a contract of sale and thus cannot purchase any property. Winding-Up Search • Winding-up search is conducted if either or both Seller and Buyer is a company.

STEP 2 Signing of SPA Hakimi and Johari will sign the SPA. • Deed of Assignment • PDS 15 (Appendix 5 or 5A)

STEP 3

Redemption Statement

Johari needs to settle all of his outstanding loan to his bank before he can sell his Property to Hakimi. The SPA will address the arrangement to the effect that Johari’s outstanding loan to his bank will be paid by Hakimi or the bank from which Hakimi is obtaining the Loan. Such payment which will form part of the purchase price is known as “Redemption Amount”. • Johari’s lawyer will proceed to request for a Redemption Statement from Johari’s bank. • Johari’s Bank will, upon receiving such request issue a Redemption Statement usually within 2 working days in favour of Hakimi (if cash purchase) or in favour of Hakimi’s bank (if purchase with Loan) as set out in Diagram 10.

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

• The Redemption Statement will specify the Redemption Amount and the deadline for payment. • Johari’s bank will impose nominal charges for the issuance of the Redemption Statement. This request is normally made after Hakimi has obtained his loan. Parties

Process

Bank

• Receives letter requesting for redemption statement • Checks account status • Checks system for legal financial status of customer • Cross references with the security document* in regards to the property description • Computes redemption sum • Issues redemption statement • Debits account for service charge

Lawyer (acting for the seller / financier) and Seller

• Lawyer receives letter • Seller receives c.c. letter together with debit advice

Diagram 10 - Obtaining Redemption Statement In Straightforward Cases

*(This security document will be different for cases involving property with title). Before Hakimi’s Bank releases Hakimi’s loan, Hakimi is to settle the difference between the purchase price and Hakimi’s loan (Differential Sum). In Hakimi’s case, if the loan is RM 200,000.00, the Differential Sum is RM 52,000.00 as derived from the following calculation.

Purchase Price Loan Amount Less (-) Deposit Less (-)

RM 280,000.00 RM 200,000.00 RM 28,000.00

Differential Sum

RM 52,000.00

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STEP 4

Adjudication Process

• Online submission of Form PDS 15 will be made through STPH / STAMPS to the selected Stamp Office / RSC to determine the chargeable stamp duty. Samples of Form PDS 3 and Form PDS 15 are in Appendix 4 and Appendix 5 and 5A. • The Stamp Office / RSC will forward the documents submitted for adjudication to JPPH, if valuation is required. • Upon receipt of the documents from Stamp Office / RSC, JPPH will carry out a valuation of the property. An inspection will be carried out prior to the valuation if there is a need to verify the conditions of the property. • The valuation will then be reported to Stamp Office / RSC.

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• The Stamp Office / RSC will then issue a Notice of Assessment stating the amount of stamp duty (“Ad Valorem”) payable. • Hakimi’s lawyer will arrange for payment of the stamp duty accompanied by the Deed of Assignment. • Upon payment of the stamp duty the property is deemed transferred.

STEP 5

Registration of Transfer

• When the individual title to the property has been issued later on, Hakimi will engage the services of a lawyer to transfer the property into his name and charge in favour of his end financier (Bank). • The process is similar to registering property with title [see page 20 - Walking Through The System, Property With Title (Freehold, Leasehold)].

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

A summary of Steps 1 to 5 is shown in Diagram 11.



• SPA - 4 copies • • • Conduct Winding-Up Search

• • •

(Johari) (Hakimi)

• • Banker (Seller’s Bank) (Buyer’s Bank)

• SPA Lawyer • Stamp Office / RSC

• On the assumption that buyer’s loan has been approved, sign SPA • Deed of Assignment • PDS 15

• The latest Quit Rent receipt • The latest Assessment paid to the Local Authority

• Obtain redemption statement and letter of undertaking from seller’s end financier (Bank) • Obtain letter of instruction from buyer’s end financier (Bank) for the amount approved. Pay to seller the Differential Sum

• Redemption Statement addressed directly to buyer’s end financier (Bank) • Letter of Offer from buyer’s end financier (Bank)

• Request for stamping of Deed of Assignment - Notice of Assessment is extracted (Stamp Office / RSC)

• SPA Lawyer

STEP 5 • Extraction of Notice of Assessment for Stamp Office / RSC • Payment of stamp duty according to the Notice of Assessment • Extraction of certificate of payment of stamp duty on the Deed of Assignment

Diagram 11 - The Procedures for Sub-Sales of Property without Title (Freehold or Leasehold) from buyer’s point of view

• Deed of Assignment • Form PDS 15 • Photocopy of NRIC of seller and buyer • Land search and copy of title • Form Deed of Assignment • Original Notice of Assessment • Payment of stamp duty

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1.

Payment of Chargeable Stamp Duty

In Hakimi’s case the chargeable stamp duty can be determined from the rates specified in the Stamp Act, 1949 as follows:



34

Purchase Price

Rates

Chargeable Duty



RM 100,000

1%

RM 1,000



RM 180,000

2%

RM 3,600

RM 280,000

RM 4,600

Total

The lawyer will be able to retrieve the Notice of Assessment online through STPH / STAMPS. A sample of Notice of Assessment is attached in Appendix 6.

2.

Payment of Redemption Sum

Hakimi’s bank will release the Redemption Sum to Johari’s bank, after: • exchange of Letters of Undertakings between the banks and Hakimi’s lawyer; • presentation of a Private Caveat by Hakimi’s bank at the prescribed fee; and • confirmation that Hakimi has paid the Differential Sum. Johari’s bank will then provide Hakimi’s lawyer the original Deed of Receipt and Reassignment, the principle SPA, the original Security Documents and the Deed of Assignment (if subsequent sale). The normal duration for release of the above documents by a bank would be 5 working days from the date of receipt of the Redemption Sum as illustrated in Diagram 12. Parties

Process Receives cheque • Credits account • Sends cheque for clearance

Bank



After cheque clearance • Closes the term loan / term financing account (debit interest / profit due, early settlement fees, etc) • Prepares Bankers Cheque (refund excess to seller if any) • Informs seller • To forward to lawyers the following: (i) Executed Deed of Receipt and Reassignment, Bankers Cheque; (ii) Principal SPA, Deed of Assignment and all other relevant documents, etc.

Diagram 12 : Release of Original Documents in Straightforward Cases

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

3.

Financing Documents

• Hakimi’s lawyer must then compile all documents required for assignment of the Property in favour of Hakimi before the bank can release the loan sum or balance remaining of the purchase price. • The Property will be assigned to Hakimi’s bank as the security for Hakimi’s monthly payments for the loan. • Hakimi’s bank will subsequently instruct its lawyer to prepare the loan agreement and Deed of Assignment. The loan agreement specifies which document is a principal document and a subsidiary document. In most cases, the loan agreement will be classified as the principal document and the Deed of Assignment together with any other supporting documents will be its subsidiary documents. • In later stages, when the individual title is issued for the Property, Hakimi’s bank will then instruct its lawyer to prepare Form 16A (Appendix 8) and Annexure for registration of the charge in favour of the bank after the Property is transferred to Hakimi. • The full chargeable rate will be paid for the principal document. • The chargeable Stamp Duty will be paid on the loan agreement and the Collector will endorse on Deed of Assignment as confirmation of full payment. • The chargeable rate is 0.5% of the loan amount. In Hakimi’s case the stamp duty for the principal financing document is RM 2,500. Other supporting documents will be stamped for the chargeable stamp duty of RM 10 each.

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36

Appendix 1 Issue Document of Title

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Appendix 2 Form of Private Land Search

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Appendix 3 Memorandum of Transfer (Form 14A)

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Appendix 4 Form PDS 3

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA



Appendix 5 Form PDS 15 (Online)

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48

Appendix 5a Form PDS 15 (Manual)

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50

Appendix 6 Notice of Assessment

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52

Appendix 7 Discharge of Charge (Form 16N)

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Appendix 8 Charge (Form 16A)

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Appendix 9 Application for Private Caveat

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Appendix 10 Withdrawal of Private Caveat

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Appendix 11 Cost of Registering Properties (Registration Fees)

1. Flat Rate

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Item

State

Land Value

Registration Fees

1.

WP Putrajaya

Flat rate

RM 100.00

2.

Terengganu (i) Land Office Title (ii) Registry Title

Flat rate Flat rate

RM 40.00 RM 50.00 additional charge for the next title

3.

WP K. Lumpur

Flat rate

RM 100.00

4.

Melaka

Flat rate

0.1% of the land value (min RM 50.00)

5.

Perlis

Flat rate

RM 50.00

2. According to the Land Value Item

State

Land Value

1.

Kedah

(i)

Registration Fees

RM 25,000.00 and below

RM 30.00

(ii) More than RM 25,000.00 - RM 50,000.00

RM 75.00

(iii) More than RM 50,000.00 - RM 100,000.00

RM 150.00

(iv) More than RM 100,000.00 - RM 300,000.00

RM 300.00

(v) More than RM 300,000.00 - RM 400,000.00

RM 600.00

(vi) More than RM 400,000.00 - RM 500,000.00

RM 750.00

(vii) More than RM 500,000.00 - RM 600,000.00

RM 900.00

(viii) More than RM 600,000.00 - RM 700,000.00

RM 1,050.00

(ix) More than RM 700,000.00 - RM 800,000.00

RM 1,200.00

(x) More than RM 800,000.00 - RM 900,000.00

RM 1,350.00

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

Item

2.

3.

State

Negeri Sembilan

Pahang

Land Value

Registration Fees

(xi) More than RM 900,000.00 - RM 1,000,000.00

RM 1,500.00

(xii) More than RM 1,000,000.00 and above

0.5%

(i)

RM 25,000.00 and below

RM 25.00

(ii) More than RM 25,001.00 - RM 50,000.00

RM 50.00

(iii) More than RM 50,001.00 - RM 75,000.00

RM 75.00

(iv) More than RM 75,001.00 - RM 100,000.00

RM 100.00

(v) More than RM 100,0 01.00 - RM 150,000.00

RM 150.00

(vi) More than RM 150,001.00 - RM 200,000.00

RM 200.00

(vii) More than RM 200,001.00 - RM 250,000.00

RM 250.00

(viii) More than RM 250,001.00 - RM 500,000.00

1.5%

(ix) More than RM 500,001.00 - RM 1,000,000.00

0.2%

(x) More than RM 1,000,000.00 and above

0.25%

(i)

RM 25,000.00 and below

RM 25.00

(ii) More than RM 25,000.00 - RM 50,000.00

RM 50.00

(iii) More than RM 50,000.00 - RM 100,000.00

RM 100.00

(iv) More than RM 100,000.00 - RM 250,000.00

RM 250.00

(v) More than RM 250,000.00 - RM 500,000.00

RM 500.00

(vi) More than RM 500,000.00 and above

RM 550.00 *additional RM 50.00 for every additional value RM 50,000.00

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64

Item

State

Land Value

Registration Fees

4.

Selangor

(i)

RM 50.00

5.

6.

Johor

Perak

RM 50,000.00 and below

(ii) More than RM 50,001.00 - RM 200,000.00

RM 100.00

(iii) More than RM 200,001.00 - RM 500,000.00

RM 200.00

(iv) More than RM 500,001.00 - RM 1,000,000.00

RM 300.00

(v) More than RM 1,000,000.00 and above

RM 1,000.00

(i)

RM 25,000.00 and below

RM 50.00

(ii) More than RM 25,001.00 - RM 50,000.00

RM 80.00

(iii) More than RM 50,001.00 - RM 100,000.00

RM 150.00

(iv) More than RM 100,001.00 - RM 200,000.00

RM 300.00

(v) More than RM 200,001.00 - RM 300,000.00

RM 600.00

(vi) More than RM 300,001.00 - RM 400,000.00

RM 1,500.00

(vii) More than RM 400,001.00 - RM 500,000.00

RM 2,000.00

(viii) More than RM 500,000.00 and above

RM 2,000.00 and additional RM 100.00 for every additional RM 50,000.00 or part thereof

(i)

RM 30,000.00 and below

RM 50.00

(ii) More than RM 30,001.00 - RM 50,000.00

RM 80.00

(iii) More than RM 50,001.00 - RM 100,000.00

RM 150.00

(iv) More than RM 100,001.00 - RM 150,000.00

RM 250.00

(v) More than RM 150,001.00 - RM 200,000.00

RM 300.00

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

Item

State

Land Value

Registration Fees

(vi) More than RM 200,001.00 - RM 250, 000.00 RM 350.00 (vii) More than RM 250,001.00 - RM 300,000.00 RM 400.00 (viii) More than RM 300,001.00 - RM 500,000.00 0.15% (ix) More than RM 500,001.00 and above 0.20% 7.

Pulau Pinang

(i)

RM 25,000.00 and below

RM 50.00

65

(ii) More than RM 25,001.00 - RM 50,000.00 RM 75.00 (iii) More than RM 50,001.00 - RM 100,000.00 RM 125.00 (iv) More than RM 100,001.00 - RM 200,000.00 RM 250.00

(v) More than RM 200,001.00 - RM 300,000.00 RM 375.00 (vi) More than RM 300,001.00 - RM 400,000.00 RM 500.00 (vii) More than RM 400,001.00 - RM 500,000.00 RM 625.00 (viii) More than RM 500,001.00 - RM600,000.00 RM 750.00 (ix) More than RM 600,001.00 - RM 700,000.00 RM 875.00 (x) More than RM 700,001.00 - RM 800,000.00 RM 1,000.00 (xi) More than RM 800,001.00 - RM 900,000.00 RM 1,125.00 (xii) More than RM 900,001.00 - RM 1,000,000.00 RM 1,125.00 (xiii) More than RM 1,250.00 for the RM 1,000,000.00 and above first RM 1,000,000.00 and additional 0.5% of the land value which exceeds RM 1 million tabulated to the nearest RM

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

Item

State

Land Value

Registration Fees

8.

Kelantan

(i)

RM 50.00

RM 10,000.00 and below

(ii) More than RM 10,001.00 - RM 50,000.00 RM 120.00 (iii) More than RM 50,001.00 - RM 100,000.00 RM 140.00 (iv) More than RM 100,001.00 - RM 200,000.00 RM 160.00

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(v) More than RM 200, 001.00 - RM 300,000.00 RM 260.00 (vi) More than RM 300,001.00 - RM 400,000.00 RM 360.00 (vii) More than RM 400,001.00 - RM 500,000.00 RM 460.00 (viii) More than RM 500,001.00 - RM 600,000.00 RM 560.00 (ix) More than RM 600,001.00 - RM 700,000.00 RM 660.00 (x) More than RM 700,001.00 - RM 800,000.00 RM 760.00 (xi) More than RM 800,001.00 - RM 900,000.00 RM 860.00 (xii) More than RM 900,001.00 - RM 1,000,000.00 RM 1,060.00 (xiii) More than 0.25% of the value or RM 1,000,000.00 and above whichever is higher

Source : Director General of Department of Land and Mines

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA



Appendix 12 Schedule 17 Application for Consent to Transfer and Charge





1





























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GLOSSARY Adjudication The process of valuation carried out to determine the chargeable amount of stamp duty for any transfer of property.

Administrator The officer of the Land Office in charge of the affairs of a particular district in a state.

Deed of Assignment

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A Deed of Assignment is a document or agreement which an assignor (the Seller) states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that property to the assignee (the Buyer).

Differential Sum The difference between the Purchase Price and the loan amount less deposit / payment.

Freehold Land held in perpetuity without any restrictions.

Issue Document of Title (IDT) The duplicate copy of the Register Documents of Title issued to the owner of the property.

Land Office An office which is in charge of the affairs of properties in a particular district of a state.

Land Registry The office which is in charge for the entire affairs of properties in a state.

Leasehold The act or condition of holding by lease e.g. houses may be sold through a leasehold, which gives the purchaser the legal right to occupy property for a specific period of time, such as 99 years.

Non-Standard Property Properties other than those defined as Standard Property.

Quit Rent Consideration of payment of a nominal sum of an annual rent to be paid to the respective state for the land which is alienated by the said state either in perpetuity or for a term of years.

Redemption Statement A statement issued by the seller’s bank addressed in favour of the party requesting it (usually the purchaser’s bank), stating therein the total balance of outstanding debt of the seller at a certain future specified date. In anticipation of payment, the statement normally has 3 future dates of payment with the corresponding outstanding department.

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

Register Document of Title (RDT) The original copy of the title in the appropriate book of register in the Land Office / Registry. It is kept in the strong room and not to be taken out or removed from the Land Office / Registry.

Standard Property Standard Property is defined as residential terrace houses but do not include corner units, units with extensions and incomplete units. It also includes stratified residential units i.e. flats, apartments and condominiums.

State Approval State Approval refers to the approval from the relevant state for the disposal of leasehold property or, in the case of a non-Malaysian citizen, for the acquisition of land under section 433B of the National Land Code or both.

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CONTACTS Department of Land and Mines Please refer to the website for further contact addresses

FEDERAL Department of Director-General of Land and Mines (Federal), 2nd Floor, Wisma Sumber Asli, No. 25, Persiaran Perdana, Precint 4, 62574 Putrajaya. www.kptg.gov.my T 03-8871 2690 F 03-8888 4672

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JOHOR Department of Land and Mines Johor, Level 4, Block C25, Pusat Pentadbiran Baru, Kerajaan Johor Kota Iskandar, 79000 Nusajaya, Johor. www.johordt.gov.my T 07-224 3366

F 07-223 8464

KEDAH Department of Land and Mines Kedah, Wisma Negeri, 05576 Alor Setar, Kedah. www.ptgkedah.gov.my T 04-732 2644

F 04-732 2432

KELANTAN Department of Land and Mines Kelantan, Block 3, Lower Ground Kota Darul Naim, Jalan Kuala Krai, 15576 Kota Bharu, Kelantan. www.ptg.kelantan.gov.my T 09-748 7898

KUALA LUMPUR

F 09-747 4292



Department of Land and Mines Wilayah Persekutuan, Lower Ground - 4, Rumah Persekutuan, Jalan Sultan Hishamuddin, 50678 Kuala Lumpur. www.ptgwp.gov.my T 03-2693 2003 F 03-2693 2324

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

MELAKA Department of Land and Mines Melaka, Level 2, Wisma Negeri Building, Jalan Wisma Negeri, Kompleks MITC, 75450 Ayer Keroh, Melaka. ptg.melaka.gov.my T 06-292 1298 F 06-282 1917

NEGERI SEMBILAN Department of Land and Mines Negeri Sembilan, Level 4. Block A, Wisma Negeri, No. Beg Berkunci 39, Jalan Dato’ Abdul Kadir, 70990 Seremban, Negeri Sembilan. www.ns.gov.my T 06-765 9820 F 06-767 4369

PAHANG Department of Land and Mines Pahang, 2nd and 3rd Floor, Tun Razak Complex, Bandar Indera Mahkota, 25990 Kuantan, Pahang. ptg.pahang.gov.my T 09-572 2140 F 09-573 3820

PERAK Department of Land and Mines Perak, Wisma Sri Perak, Jalan Panglima Bukit Gantang Wahab, 30000 Ipoh, Perak. ptg.perak.gov.my T 05-241 9312 F 05-243 4451

PERLIS Department of Land and Mines Perlis, Jalan Penjara, 01000 Kangar, Perlis. www.ptgps.gov.my T 04-976 2664 F 04-976 3773

PULAU PINANG Department of Land and Mines Pulau Pinang, 21-22 Floor, KOMTAR Building, 10000 Jalan Penang, Pulau Pinang. ptg.penang.gov.my T 04-650 5200 F 04-261 9588

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GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

PUTRAJAYA Putrajaya Land Office, Department of Land and Mines Wilayah Persekutuan, Level 1, Block D, Putrajaya Holdings Building, Precinct 3, 62675 Putrajaya, Wilayah Persekutuan Putrajaya. www.ptgwp.gov.my T 03-8887 7578 F 03-8887 5029

SELANGOR

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Department of Land and Mines Selangor, 4th Floor, Bgn. Sultan Salahuddin Abdul Aziz Shah, 40576 Shah Alam, Selangor. ptg.selangor.gov.my T 03-5544 7417 F 03-5510 2658

TERENGGANU Department of Land and Mines Terengganu, Level 7 & 11, Wisma Darul Iman, 20576 Kuala Terengganu, Terengganu. ptgweb.terengganu.gov.my T 09-622 3023

F 09-622 9887

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

Valuation and Property Services Department www.jpph.gov.my Jabatan Penilaian dan Perkhidmatan Harta (JPPH) Please refer to the website for further contact addresses

JOHOR JPPH Negeri Johor, Level 8, Professional Centre, Jalan Dato’ Syed Mohd Mufti, 80000 Johor Bahru, Johor. T 07-223 9933 T 07-223 9934

F 07-223 4266

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KEDAH JPPH Negeri Kedah, Level 2, Zone C, Wisma Persekutuan, Pusat Pentadbiran Kerajaan Persekutuan, Bandar Muadzam Shah, Anak Bukit, 06500 Alor Setar, Kedah. T 04-700 1900 T 04-700 1901 T 04-700 1902

F 04-700 1904

KELANTAN JPPH Negeri Kelantan, Level 4, Wisma Persekutuan, Jalan Bayam, 15592 Kota Bharu, Kelantan. T 09-748 1600 T 09-748 1670

F 09-744 1500

KUALA LUMPUR JPPH Kuala Lumpur, First Floor, Sentral 1, Jalan Travers, Kuala Lumpur Sentral, 50470 Kuala Lumpur. www.jpph.gov.my T 03-2272 1797

F 03-2272 1795

MELAKA JPPH Melaka, Lower Ground and 10, MITC Tower, Jalan Konvesyen, 75450 Ayer Keroh, Melaka. T 06-232 8102 T 06-232 8104

F 06-232 8202

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

NEGERI SEMBILAN JPPH Negeri Sembilan, 8th & 9th Floor, Yayasan Negeri Building, Jalan Yam Tuan, 70000 Seremban, Negeri Sembilan. T 06-763 8600 T 06-763 8602 F 06-763 9306

PAHANG

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Level 2, KWSP Building, Bandar Indera Mahkota, 25200 Kuantan, Pahang. T 09-572 4770 F 09-572 4788

PERAK JPPH Negeri Perak, 8th Floor, Sri Kinta Building, Jalan Sultan Idris Shah, 30593 Ipoh, Perak. T 05-241 4577 T 05-241 4658

F 05-254 4310

PERLIS JPPH Negeri Perlis, Mezzanine Floor, Federal Building, Persiaran Jubli Emas, 01000 Kangar, Perlis. T 04-976 2978 T 04-9762 2977 F 04-976 1010

PULAU PINANG JPPH Pulau Pinang, 41 Floor, KOMTAR Building, 10593 Pulau Pinang. T 04-261 2607 T 04-261 2576

F 04-261 5990

SELANGOR JPPH Negeri Selangor, 3rd and 4th Floor, Peransang Plaza, Jalan Persiaran Perbandaran, 40000 Shah Alam, Selangor. T 03-5519 4823 T 03-5519 4824 F 03-5510 7397

TERENGGANU JPPH Negeri Terengganu, 10th Floor, Wisma Persekutuan, Jalan Sultan Ismail, 20200 Kuala Terengganu, Terengganu. T 09-622 1266 T 09-622 1305 F 09-622 0721

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

Stamp Office www.hasil.org.my Please refer to the website for further contact addresses

JOHOR Stamp Office, Inland Revenue Board of Malaysia 1st - 8th Floor, Hasil Building, No. 1, Jalan Padi Emas 1, Bandar Baru Uda, 81200 Johor Bahru, Johor. T 07-235 0511 T 07- 235 0512 F 07-232 5605

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KEDAH Stamp Office, Inland Revenue Board of Malaysia Lower Ground, Level 6-9, Zakat Tower, Jalan Telok Wanjah, 05200 Alor Setar, Kedah. T 04-740 0100 F 04-730 4195

KELANTAN Stamp Office, Inland Revenue Board of Malaysia Kota Bharu Branch Wisma Hasil, Jalan Sultanah Zainab, 15600 Kota Bharu, Kelantan. T 09-748 2103 F 09-748 7131

KUALA LUMPUR Stamp Office, Inland Revenue Board of Malaysia Level UG, 8, 9, 10, 11, 20 & 21 Wisma KWSG, Jalan Kg. Attap 50460 Kuala Lumpur. www.hasil.org.my T 03-2263 3600

MELAKA Stamp Office, Inland Revenue Board of Malaysia Malacca Branch Level 2, Melaka Mall Complex, Lebuh Ayer Keroh, Hang Tuah Jaya, 75990 Melaka. T 06-285 8888 F 06-232 7729

F 03-2273 6675

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

NEGERI SEMBILAN Stamp Office, Inland Revenue Board of Malaysia Seremban Branch Wisma Hasil, Lot 461 - 465, Jalan Tuanku Munawir, 70000 Seremban, Negeri Sembilan. T 06-766 5000 F 06-762 5339

PAHANG

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Stamp Office, Inland Revenue Board of Malaysia Kuantan Branch 4th - 7th Floor, Kuantan Centre Point Building, Jalan Haji Abdul Rahman, 25600 Kuantan, Pahang. T 09-513 2782 T 09-513 3669 T 09-516 2178 T 09-516 2184 T 09-516 2185 F 09-514 2067

PERAK Stamp Office, Inland Revenue Board of Malaysia No. 128, Wisma Hasil, Jalan Tambun, P.O. Box 250, 30906 Ipoh, Perak. T 05-547 5522 F 05-546 5471 (20 Lines)

PERLIS Stamp Office, Inland Revenue Board of Malaysia Kangar Branch 3rd Floor, KWSP Building, Jalan Bukit Lagi, P.O. Box 47, 01000 Kangar, Perlis. T 04-976 4811 F 04-976 5798

PULAU PINANG Stamp Office, Inland Revenue Board of Malaysia 3rd - 11th Floor, Dewan Perniagaan Melayu Building, Lebuh Pantai, P.O. Box 660, 10910 Pulau Pinang. T 04-261 2255 T 04-261 2633 T 04-261 2366 T 04-261 2544 T 04-261 2422 F 04-264 1548

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

SELANGOR Stamp Office, Inland Revenue Board of Malaysia 9 - 13 Floor, Perangsang Plaza, Persiaran Perbandaran, 40000 Shah Alam, Selangor. T 03-5510 3202 F 03-5510 3500

TERENGGANU Stamp Office, Inland Revenue Board of Malaysia Kuala Terengganu Branch 8th Floor, Wisma PERMINT, Jalan Sultan Ismail, P.O. Box 65, 20916 Kuala Terengganu, Terengganu. T 09-620 3220 F 09-622 7829

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GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

ACKNOWLEDGEMENT We would like to extend our heartiest gratitude to the following Focus Group - Registering Property members from the following organisations who have made the production of this Guidebook a success.

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• Bar Council of Malaysia www.malaysianbar.org.my



• Bank Negara Malaysia www.bnm.gov.my



• Department of Director-General of Land and Mines www.kptg.gov.my



• Federation of Malaysian Manufacturers www.fmm.org.my



• Inland Revenue Board of Malaysia www.hasil.gov.my



• Institution of Engineers Malaysia www.iem.org.my



• Malayan Banking Berhad www.maybank2u.com.my



• Malaysia Productivity Corporation www.mpc.gov.my



• Master Builders Association of Malaysia www.mbam.org.my



• Ministry of Natural Resources and Environment www.nre.gov.my



• National House Buyers Association www.hba.org.my



• Real Estate and Housing Developers’ Association Malaysia www.rehda.com



• The Association of Banks in Malaysia www.abm.org.my



• The Associated Chinese Chambers of Commerce and Industry of Malaysia www.acccim.org.my



• Valuation and Property Management Department, City Hall of Kuala Lumpur www.dbkl.gov.my



• Valuation and Property Services Department, Ministry of Finance Malaysia www.jpph.gov.my

GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

Notes

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GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA

Notes

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