Housing Development (Control and Licensing) Act 1966 · Updated to 2 Mar 2016 · Part III · Duties of a Licensed Housing Developer
Section 7
Feedback & supportIn addition to the liabilities and duties imposed in sections 8 and 9, a licensed housing developer shall—
licensed housing developer
“licensed housing developer” means any housing developer licensed under section 5 to engage in or carry on or undertake a housing development and includes the holder of any power of attorney of such housing developer duly created under the Powers of Attorney Act 1949;
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housing development
“housing development” means to develop or construct or cause to be constructed in any manner whatsoever more than four units of 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;
within four weeks of the making of any alterations in or to any documents submitted to the Controller under subsection 5(3)
Controller
“Controller” means the Controller of Housing appointed under section 4;
furnish to the Controller written particulars of the alterations;
exhibit at all times in a conspicuous position in any office and branch office of the licensed housing developer and at any other place where a sale of housing accommodation is conducted, a copy of his licence, advertisement and sale permit and a copy of his last audited balance-sheet as soon as the same is available and such information as the present or former full name, usual residential address, nationality, nationality of origin (where the present nationality is not that of origin), business or occupation (if any) of each person who has the control and management of the business of the licensed housing developer and particulars of any other directorship held by that person;
housing accommodation
“housing accommodation” includes any building, tenement or messuage 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;
keep or cause to be kept in his office in Peninsular Malaysia such accounting and other records as will sufficiently explain the transactions and the financial position of the licensed housing developer and enable true and fair profit and loss accounts and balance-sheets and any documents required to be attached thereto to be prepared from time to time, shall cause these records to be kept in such manner as to enable them to be conveniently and properly audited;
every year appoint an auditor in the manner required under section 9;
within six months after the close of the financial year of the licensed housing developer in question send to the Controller and also publish in the Gazette a copy of the report of the auditor prepared under section 9 together with a copy of his balance-sheet and profit and loss account;
not later than the 21st day of January and the 21st day of July of each year or at such frequency as may be determined by the
Controller from time to time or upon the request of the
Controller, send to the Controller a correct and complete statement in writing made on oath or affirmation, in such form and containing such information as the Controller may from
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time to time determine, on the progress of the housing development which the housing developer is engaged in, carries on or undertakes or causes to be undertaken until certificate of completion and compliance have been issued for all the housing accommodation in that housing development;
housing developer
“housing developer” means any person, 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, and in a case where the housing developer is under liquidation, includes a person or body appointed by a court of competent jurisdiction to be the provisional liquidator or liquidator for the housing developer;
where he considers that he is likely to become unable to meet his obligations to the purchasers at any stage of the housing development before the issuance of the certificate of completion and compliance, forthwith inform the Controller of such fact;
certificate of completion and compliance
“certificate of completion and compliance” means the certificate of completion and compliance given or granted under the Street, Drainage and Building Act 1974 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;
undertake the following—
within twenty-one days from the date of receipt by the housing developer of the certificate of completion and compliance, submit such certificate to the Controller;
and
within twenty-one days after the date of handing over of vacant possession to the first purchaser of the housing accommodation in the housing development, inform the Controller in writing of the handing over;
inform the Controller of any refusal in the issuance of certificate of completion and compliance;
ensure that the development of the housing accommodation has been carried out in accordance with any requirements prescribed under any law regulating buildings and has exercised all such diligence as may be required for the issuance of certificate of completion and compliance and for the issuance and transfer of the titles to the housing accommodation to the purchasers; and
prescribed
“prescribed” means prescribed by regulations made under this Act, and where no mode is mentioned means prescribed from time to time by order published in the Gazette;
inform the Controller of the progress in the issuance of separate or strata titles for the housing accommodation and the transfer of such titles to the purchasers at such frequency as may be determined by the Controller beginning from the date of the handing over of vacant possession to the first purchaser of the housing accommodation in the housing development
purchaser
“purchaser” means any person who purchases housing accommodation or who has any dealing with a licensed housing developer in respect of the acquisition of housing accommodation;
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until separate or strata titles for all the housing accommodation have been issued.