Kindly let us know whether the licence requirement needs to be complied with if the developer is already selling houses that have cerificate of fitness issued. i.e. Is Schedule G applicable for the houses that already have certificate of fitness
Reply
For your information, any development that is advertised and sold after the issuance of Certificate of Fitness for Occupation (CFO) or Certificate of Completion and Compliance (CCC) is not entitled under the Housing Development (Control and Licensing) Act 1966 [Act 118]. Therefore, no license or advertisement permit is required. But nevertheless, it is advisable that the developer informs the Ministry of the particular project, as it falls under the Build then Sell concept.
The same goes with the Sales and Purchase Agreement contract, any units that have been issued a CFO or CCC is not entitled to use the standard S&P Agreement as stated in Schedule G or H, Housing Development (Control and Licensing) Regulations 1989. This is explained clearly in subregulation 11(1B) [to be read with subregulation 11(1) and 11(1A)] as follows:
"Subregulations (1) and (1A) shall not apply if at the time of the execution of the contract of sale, the certificate of completion and compliance of the housing accomodation has been issued and a certified true copy of which has been forwarded to the purchaser"
For further information, please contact;
Bahagian Pelesenan Pemajuan Perumahan,
Jabatan Perumahan Negara,
Kementerian Perumahan & Kerajaan Tempatan.
03 - 2099 8380
