Skip to content
mylaw.myby aturio
In forceUpdated to 2 Mar 2016
Contents

Part VI · Tribunal for Homebuyer Claims

16N. Limitation of jurisdiction

Feedback & support

In plain English

The tribunal only hears homebuyer claims arising from the sale and purchase agreement with the housing developer. Claims must be brought within twelve months of set dates, such as the end of the defects liability period. A claim still stands without an agreement if the parties had earlier dealings over the home. Personal injury or death claims are excluded.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

(1)

Except as expressly provided under this Act, the Tribunal shall have no jurisdiction in respect of any claim—

(a)

for the recovery of land, or any estate or interest in land; and

(b)

in which there is a dispute concerning—

(i)

the entitlement of any person under a will or settlement, or on intestacy (including partial intestacy);

(ii)

goodwill; or

(iii)

any trade secret or other intellectual property right.

(2)

The jurisdiction of the Tribunal shall be limited to a claim that is based on a cause of action arising from the sale and purchase agreement entered into between the homebuyer and the housing developer which is brought by a homebuyer not later than twelve months from—

(a)

the date of issuance of the certificate of completion and compliance for the housing accommodation or the common facilities of the housing accommodation intended for subdivision, whichever is later;

(b)

the expiry date of the defects liability period as set out in the sale and purchase agreement; or

42 Laws of Malaysia ACT 118

(c)

the date of termination of the sale and purchase agreement by either party and such termination occurred before the date of issuance of the certificate of completion and compliance for the housing accommodation or the common facilities of the housing accommodation intended for subdivision, whichever is later.

(3)

Notwithstanding subsection (2) no claim shall be affected or defeated on the ground that no sale an purchase agreement has been entered into between the homebuyer and the licensed housing developer at the time when the cause of action accrues if thereexists a previous dealing between the homebuyer and the licensed housing developer in respect of the acquisition of the housing accommodation.

(4)

Nothing in this section shall be deemed to authorize the Tribunal to deal with a claim arising from personal injury or death.

(5)

For the purposes of subsection (1), “land” does not include fixtures.

Report

Read on from s 16O

Part VII

Miscellaneous

Read on from Part VII

Schedules