Land in Peninsular Malaysia is governed by the National Land Code; buying a new home from a developer is protected by the Housing Development (Control and Licensing) Act 1966 with its statutory sale and purchase agreements; strata buildings by the Strata Titles Act 1985 and Strata Management Act 2013. There is no Residential Tenancy Act yet, so a tenancy is governed by the agreement and general law — and a landlord must go to court to recover possession, not lock the tenant out (Specific Relief Act 1950, s 7(2)).
What to do first
- Keep the sale and purchase agreement or tenancy agreement, receipts and photos of the property's condition.
- Homebuyer claims against a licensed developer: Tribunal for Homebuyer Claims, up to RM50,000 (HDA s 16M), within 12 months of the CCC, the end of the defects liability period or termination (s 16N(2)).
- Strata disputes (maintenance charges, by-laws, defects in common property): Strata Management Tribunal.
- Landlord–tenant money claims: Magistrates' Court (small claims if RM5,000 or less), or Sessions Court, which has unlimited jurisdiction in landlord-and-tenant cases (Subordinate Courts Act 1948, s 65(1)(a)).
Which court or agency?
| Problem | Where to go | Law |
|---|---|---|
| Developer: late delivery (LAD), defects — up to RM50,000 | Tribunal for Homebuyer Claims (KPKT) | HDA s 16M, 16N |
| Strata management disputes | Strata Management Tribunal | Act 757 |
| Landlord and tenant (any amount) | Sessions Court | Act 92 s 65(1)(a) |
| Land title, caveats, transfers | Land office / High Court | National Land Code |
Read the guides
Renting and buying propertyHousing Development (Control and Licensing) Act 1966Strata Management Act 2013National Land Code (Revised 2020)Specific Relief Act 1950
Tools
Key laws — read the copy
| Act 828 | National Land Code (Revised-2020) Kanun Tanah Negara (Disemak-2020) | PDF · PDF (BM) · Official ↗ |
| Act 118 | Housing Development (Control and Licensing) Act 1966 Akta Pemajuan Perumahan (Kawalan dan Pelesenan) 1966 | PDF · PDF (BM) · Official ↗ |
| Act 318 | Strata Titles Act 1985 Akta Hakmilik Strata 1985 | PDF · PDF (BM) · Official ↗ |
| Act 757 | Strata Management Act 2013 Akta Pengurusan Strata 2013 | Official ↗ |
| Act 137 | Specific Relief Act 1950 Akta Relif Spesifik 1950 | PDF · PDF (BM) · Official ↗ |
| Act 92 | Subordinate Courts Act 1948 Akta Mahkamah Rendah 1948 | PDF · PDF (BM) · Official ↗ |
| No. 5 of 2023 | Latest land title search required in claims over immovable property Arahan Amalan JKSM No. 5 of 2023: Keperluan mengemukakan carian rasmi/persendirian geran hak milik terkini bagi tuntutan harta tak alih | PDF (BM) · Official ↗ |
Each law opens our mirror page: a copy of the official text with its capture date and version history, plus the official link.
Official links and forms
- KPKT — Tribunal for Homebuyer Claims ↗
- KPKT — Ministry of Local Government Development ↗
- LHDN — stamp duty ↗
Questions people ask
Does the Act apply if I buy a house from a private owner?
No. It protects buyers from licensed housing developers. A sale between private owners is governed by the contract, the Contracts Act 1950 and the National Land Code.
More: Housing Development (Control and Licensing) Act 1966 →
How do I calculate LAD for late delivery?
Under Schedules G and H, LAD is 10% a year of the purchase price, calculated day by day from the end of the delivery period (24 months for landed, 36 months for strata) until vacant possession is delivered.
More: Housing Development (Control and Licensing) Act 1966 →
How long is the defects liability period?
24 months after you receive vacant possession under the current Schedules G and H. Report defects in writing during this period and keep copies.
More: Housing Development (Control and Licensing) Act 1966 →
How much sinking fund do I have to pay?
At least 10% of your maintenance charges. The JMB or MC can raise it at a general meeting but cannot go below 10% (ss 25(4), 61(3)).
Can the management cut my water or access card if I don't pay?
The Act provides specific ways to recover arrears: a written demand, a claim in court or at the Tribunal, and a warrant of attachment from the COB (ss 34–35, 78–79). Whether other measures are allowed depends on the by-laws and the circumstances; get advice if your services are cut.
What is the difference between a JMB and an MC?
A JMB (s 17) manages the building after vacant possession but before strata titles are issued and includes the developer and buyers. An MC is formed when strata titles are issued and is made up of all the owners. It takes over from the JMB.
What does "indefeasible title" mean?
Once you are registered as owner, your title cannot be challenged except in the cases in s 340(2): fraud or misrepresentation you were party to, forgery, an insufficient or void instrument, or unlawful acquisition under a statutory power.
Does my 2-year tenancy agreement need to be registered?
No. Tenancies of 3 years or less are exempt from registration and can be oral or in any written form (ss 213, 223). The agreement should still be stamped.
How long does a private caveat last?
Up to 6 years (s 328), unless withdrawn or removed sooner. If the owner applies to the Registrar for removal, it lapses 2 months after notice unless the court extends it (s 326).
All questions & answers → · Ask your own →