Malaysia legislation
Section 5
Section 5
New Part XIa
The principal Act is amended by inserting after Part XI the following part:
“Part XIa
ADDITIONAL MODIFICATIONS TO THE HOUSING
DEVELOPMENT (CONTROL AND LICENSING) ACT 1966
(a)
“agreement” means an agreement for a contract of sale for the sale and purchase of housing accommodation in the forms prescribed in Schedules G, H, I and J of the Housing Development (Control and Licensing)
Regulations 1989; and
Temporary Measures for Reducing the Impact of
Coronavirus Disease 2019 (COVID-19) (Amendment)
(b)
“first agreement” means the first agreement entered into between a purchaser and developer for a housing accommodation in relation to a housing development under one housing developer’s licence and one advertisement and sale permit.
Late payment charges 38b. (1) In relation to a housing development, notwithstanding any agreement entered into between a developer and a purchaser, where due to measures prescribed, made or taken under the Prevention and Control of Infectious Diseases Act 1988
to control or prevent the spread of COVID-19, the purchaser fails to pay any instalment for the period from 1 January 2021
to 31 December 2021, the developer shall not impose any late payment charges in respect of such unpaid instalment on the purchaser.
(2)
Subsection (1) applies only to a purchaser and a developer of a housing development for which its first agreement was entered into before 31 May 2021.
Delivery of vacant possession and completion of common facilities 38c. (1) In relation to a housing development, notwithstanding any agreement entered into between a developer and a purchaser, the developer may apply to the Minister for any period from 1 January 2021 to 31 December 2021 to be excluded from the calculation of the time for delivery of vacant possession of a housing accommodation or completion of common facilities, as the case may be, in the housing development.
(2)
Upon considering the application under subsection (1), the Minister may exclude any period from 1 January 2021
to 31 December 2021 from the calculation of time for delivery of vacant possession of a housing accommodation or completion of common facilities if the Minister is satisfied that due to measures prescribed, made or taken under the Prevention and
Control of Infectious Diseases Act 1988 to control or prevent the spread of COVID-19, the developer was unable to deliver vacant possession of a housing accommodation or complete the common facilities in accordance with the agreement.
(3)
The Minister shall not consider an application under subsection (1) if the application is made after the expiry of the time for delivery of vacant possession or the completion of common facilities specified under the agreement.
(4)
Subsection (1) applies only to a developer of a housing development for which its first agreement was entered into before 31 May 2021.
(5)
For the purposes of assessing the liquidated damages due to the failure of the developer to deliver vacant possession of a housing accommodation or complete the common facilities, the period excluded by the Minister under subsection (2) shall not be taken into account.
Taking of vacant possession 38d. Notwithstanding any agreement entered into between a developer and a purchaser, where due to measures prescribed, made or taken under the Prevention and Control of Infectious
Diseases Act 1988 to control or prevent the spread of
COVID-19, the purchaser is unable to take possession of a housing accommodation from the date of service of a notice to take vacant possession from the developer during the period from 1 June 2021 to 31 October 2021 or any excluded period granted under subsection 38c(2), the purchaser shall not be deemed to have taken such vacant possession.
Defect liability period 38e. Notwithstanding any agreement entered into between a developer and a purchaser, in relation to any housing development, the period from 1 June 2021 to 31 October 2021
shall be excluded from the calculation of—
(a)
the defect liability period after the date the purchaser takes vacant possession of a housing accommodation;
Temporary Measures for Reducing the Impact of
Coronavirus Disease 2019 (COVID-19) (Amendment)
(b)
the defect liability period after the date of completion of common facilities; and
(c)
the time for the developer to carry out works to repair and make good any defect, shrinkage and other faults in a housing accommodation and common facilities.
Saving 38f. (1) Any exclusion or extension which has been granted under sections 38b, 38c, 38d and 38e shall not affect any exclusion or extension which has been granted under sections 34, 35 and 36.
(2)
The modifications in sections 38b, 38c, 38d and 38e shall not affect any legal proceedings commenced, or any judgment or award obtained, to recover late payment charges payable by the purchaser or liquidated damages payable by the developer or any other sum during the period from 24 October 2020 until the date immediately before the coming into operation of this Part.
(3)
Notwithstanding sections 38b and 38c, any late payment charges that has been paid by the purchaser or liquidated damages that has been paid by the developer immediately before the coming into operation of this Part shall be deemed to have been validly paid under the Housing Development Act
(Control and Licensing) 1966 and its regulations, and such payment shall not be refunded to the payer.”.
Substitution of section 39