/// Contributor
Chris Tan
Lawyer Specialising in
Real Estate
Chris Tan is the founder and now
Managing Partner of Chur Associates,
a boutique legal practice that thrives
in delivering business friendly solutions
for its clients and having a niche
positioning of ‘Everything Real Estate’
serving the entire value chain from
the upstream to the downstream.
Chur Associates is a boutique legal
firm founded in 2004, specialising in
designing legal solutions catered to
our clients’ needs. Chur Associates’s
brand promise is “We Deliver!” To that
end, they offer clientsthe necessary
means and methods to ensure their
requirements are met.
You can get in touch with him at
Facebook: Chur Associates
Email: [email protected]
Trending Up Legally in view
of the Property Boom in
Malaysia (Part 3)
T
wenty years back, we have familiarized ourselves with options for residences such as flat,
apartment, condominium, terrace, semi-detached house and bungalow. With the evolution in the
real estate world, our previous concepts of residence have now further developed into new variety
of jargons whereby the commonly identifiable examples nowadays are SoHo, serviced residences and
serviced apartments. Most of the time, the idea behind these jargons are because these “residences”
are built upon commercial development land.
While the author makes reasonable
efforts to present information which
he believes to be reliable, the author
makes no representation that the
information or opinions contained in
this article is accurate and complete.
Readers are advised to seek specific
professional advice before acting on
the views.
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www.PropertyHunter.com.my
Many may have realized that residential land is strictly for residential purpose only; on the other hand,
commercial land is not restricted for commercial purpose per se and can be used for residential
development as well. Prior to HDA Amendment Act 2007 coming into operation on 12 April 2007, the
residential properties built on commercial development land did not come within the purview of the
Housing Development (Control and Licensing) Act 1966 (“HDA”). Thus, Developers are keen into building
the latter as the sales and purchase agreement does not need to adhere with the prescribed sale and
purchase agreement under the HDA which is view to offer more protection and/or advantages to the
homebuyers rather than the Developers. This explains the birth of these creative jargons in the real
estate sector.
Nonetheless, the legislation has acknowledged such loopholes and made amendments to the HDA in
2007 in view to tighten the floodgates by amending the definition of “housing accommodation” to cover
such residential properties.