Housing Development & Strata Law

15 Oct, 2018, Seri Pacific Hotel

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PROF. DATO’ SALLEH BUANG formerly served as a Federal Counsel in the Attorney-General’s Chambers, Kuala Lumpur, before he left for private practice, then the corporate sector and finally the academia. He was The Deputy- Dean, Kulliyyah of Laws, and International Islamic University until 1990, when he went into full-time consulting.

 

Over the last 3 decades, he had conducted numerous workshops, seminars, corporate briefings and courses covering land law, housing development, construction law, joint ventures and planning law. Author of more than 25 books and monographs on a wide range of legal topics, he now writes for his weekly column in Utusan Malaysia and New Straits Times.

 

Until 2013, he was a Visiting Professor at the Faculty of Geoinformation and Real Estate, UTM, Johor. He is currently a Member of the Board of Trustees of the Kuala Lumpur Foundation to Criminalise War (KLFCW).

Venue Details

Seri Pacific Hotel
Jalan Putra, 50350 Kuala Lumpur,
Phone : 03 4042 5555

Click For Hotel Location

Contact us

Juliany,
03 2283 6109
juliany@ipa.com.my

Phoebe,
03 2283 6100
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Jane,
03 2283 6101
Jane@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

FOCUSING ON
  • Act 118 & Act 757 (impact of latest amendments)
  • From STB to BTS?
  • A revised National Housing Policy 2.0
  • Improved housing opportunities
  • Better protection for Strata Owners?
  • The new Strata Tribunal
  • Airbnb for strata properties?
OBJECTIVES

Peninsular Malaysia’s principal legislation regulating housing development is the Housing Development (Control & Licensing) Act 1966 (Act 118) and its subsidiary legislation, whilst the principal legislation regulating strata development is the Strata Titles Act 1985 (Act 318), with the newly minted Strata Management Act 2013 (Act 757) regulating strata living.

 

Whilst the legislative aspects of both housing development and strata management (with some exceptions) are now on a sound footing, the same cannot be said of our housing policy especially in regard to affordable housing. This One Day event will review the state of the legislation today as well as policy and other structural issues, which the newly elected Pakatan Harapan government had indicated would undergo a comprehensive review and revision.

 

Malaysia’s newly appointed Housing Minister, Zuraida Kamaruddin, informed the media in May 2018 that “a balanced housing opportunities in urban areas” for the Bumiputra, the minority, indigenous community and foreign nationals would be prioritized so that they can “live in comfortable homes”. In line with Pakatan Harapan’s manifesto, she said that under the proposed revamped housing policy there will be a special housing loan scheme to enable youths to acquire their first homes.

 

Speaking to reporters in Kuching, Sarawak, on June 21, 2018, she said her Ministry would review the National Housing Policy to make houses more affordable, especially for the B40 group or those with monthly income below RM3,800. She added that she intended to group all housing developers, particularly those dealing with low-cost housing, under one roof in her Ministry. Asked by reporters if her Ministry will be tabling any legislation to nab errant housing developers who purposely raise their prices, Zuraida said she would need to consult the relevant authorities.

 

She also said that the government would be setting up the National Affordable Housing Council to monitor the construction of affordable housing, coordinate the database and arrange a self-renting scheme for the B40 and M40 groups. In respect of PPR housing, the Minister said in the future their management will be placed under the local authorities.

METHODOLOGY

WHO SHOULD ATTEND


WHO SHOULD ATTEND
  • Property Owners & Developers
  • Property Consultants
  • Property Managers
  • Bankers
  • Insurance Companies
  • Financiers
  • Valuers
  • Land Administration Managers
  • Investment Advisers
  • Development & Planning Managers
  • Town Planners
  • Project Co-ordinators
  • Contractors
  • Contract Managers & Executives
  • Contract Administrators
  • Architects
  • Engineers
  • Quantity Surveyors
  • Construction Managers
  • Legal Advisors
  • Lawyers
  • Project Managers
  • Government Ministries & Departments
  • Local Authorities
METHODOLOGY

Interactive Lectures, Discussions and Practical Case Studies on all relevant areas to ensure participants grasp clearly issues presented.

HERE IS WHAT YOU WILL LEARN
9:00 SESSION ONE: GOVERNING LAW FOR HOUSING DEVELOPMENT
  • Objective of Act 118 is to “protect the interest of purchasers”
  • Licensing of developers – more stringent conditions
  • Advertisement – latest amendments
  • U-turn in BTS – impact on abandoned housing, plight of purchasers
  • Unfair terms in SPA – 10% liquidated damages, s 74 Contracts Act 1951
  • Extension of time for developers – latest judicial decision
  • New Ministry proposal to implement BTS
10.45 SESSION TWO: GOVERNING LAW FOR STRATA DEVELOPMENT & MANAGEMENT
  • Objectives of Act 318 – vacant possession, separate title, registration as owner
  • Objectives of Act 757 – better protection for parcel owners, settlement of disputes
  • Security of tenure – why title is important
  • Enforcement of developer’s & parcel owner’s obligations
  • Common properties, limited common properties
  • JMB, MC, Subsidiary MC, Managing Agents
  • Strata Tribunals, By-laws
1:00 Lunch

2:00

SESSION THREE: NATIONAL HOUSING POLICY – CURRENT & FUTURE

  • 3 Objectives / 6 Principal thrusts of the earlier Policy
  • Proposed NHS 2.0 (2018-2022)
  • Transit homes for M40 (youth category)
  • Role of state governments & local authorities
2.45

SESSION FOUR: IMPROVED HOUSING OPPORTUNITIES

  • Low cost housing – Public sector or private sector?
  • A workable agenda?
  • Council Housing? National Housing Board?
  • RTO (rent to own)
  • Lease-Purchase
  • A limit (ceiling) for house prices?
  • Prohibition on foreign buyers?
  • Recommendations of Habitat III / WUF 9 (KL Feb 2018)
3:45 SESSION FIVE: NEW INITIATIVES FOR REFORM
  • The new BTS initiative
  • Housing loan scheme for youths
  • National Affordable Housing Council
  • Management of strata properties by local authorities
  • Regulating Airbnb of strata properties
  • Q&A SESSION
5:00 End of Course