Malaysia legislation
Section 5
Section 5
(1)
No advertisement or sale shall be made by any housing developer without an advertisement and sale permit having first been obtained from the Controller.
(2)
An applicant for an advertisement and sale permit shall submit his application in the form prescribed in Schedule D and shall supply the following:
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(a)
a copy of the approved building plans;
(b)
two copies of the proposed advertisement including the brochure containing particulars as prescribed under subrule 6 (1) of these Rules;
and
(c)
such other relevant particulars or information as may be required by the
Controller.
(3)
The Controller may, in his discretion, grant an advertisement and sale permit with or without attaching any condition or conditions thereto or refuse to grant a permit.
(4)
An advertisement and sale permit issued under this rule shall be in the form prescribed in Schedule E.
(5)
No advertisement and sale permit shall be issued nor shall any advertisement or sale be made for any housing development in respect of which -
(a)
the licensed housing developer is not the proprietor of the land which the housing development is proposed to be carried out;
(b)
paragraph 5 (5) (a) shall not apply if the proprietor of such land has executed an agreement with the licensed housing developer to the effect that –
(i)
the proprietor agrees to the sale of the land for the purpose of the housing development concerned; and
(ii)
the proprietor agrees to abide by the provisions of rule 11 of these
Rules;
(c)
the land upon which the housing development is proposed to be carried out is charged for an amount exceeding fifty per centum(50%) of the market value of the land inclusive of annual interest on such amount and such charge is to any person, body of persons, company, firm or society other than a bank or a finance company which is in possession of a licence issued under the Banking and Financial Institutions Act 1989 [Act 372], the Islamic Banking Act 1983 [Act 276], the Bank Simpanan
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Nasional Berhad Act 1997 [Act 571], the Bank Kerjasama Rakyat
Malaysia Berhad Act 1978 [Act 202] or the Bank Pertanian Malaysia
Berhad Act 2008 [Act 684].
(6)
An advertisement and sale permit shall be required in respect of each housing development and any advertisement in relation to the same development, which differs from that for which the permit was first granted, may be made but subject to such variation being submitted for the prior approval of the Controller.
(7)
The fee payable for a permit under this rule shall be two hundred and fifty ringgit per year or part of a year.
(8)
Any misrepresentation of the particulars or information required under subrule
(2)
shall be an offence under these Rules.
(9)
Any housing developer who contravenes subrule (1) or who misrepresents any of the particulars or information under subrule (2) or breaches any condition in an advertisement and sale permit under subrule (3) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Particulars to be included in advertisement