All licensed housing developers who failed to complete a housing project or
have caused the abandonment of the project shall be deemed to have
committed a criminal offence under the amendments to the Housing
Development (Control and Licensing) Act 1966.
Upon conviction, such a developer is liable to a fine of not less than
RM250,000 and not more than RM500,000, or to be jailed up to three years,
or both.
This is provided under a new section in Clause 9 of the Housing Development
(Control and Licensing) (Amendment) Bill 2011.
The new section is among several amendments made to the Housing Development
(Control and Licensing) 1966 (Act 118), which will provide more protection
and rights to house buyers and to prevent the occurrence of abandoned
projects.
According to the bill, Clause 9 is aimed at inserting a new Section 18A
into Act 118 to overcome abandoned projects and provide house buyers the
rights to take legal action against errant developers.
This provision applies to all developers who refused to continue or have
postponed or suspended or stopped the project for a period of six months or
more, or surpassing the original scheduled date of completion as stated in
the sale and purchase agreement.
The bill was read for the first time in the Dewan Rakyat today by Housing
and Local Government Minister Chor Chee Heung. Once passed, it will be
known as Housing Development (Control and Licensing) (Amendment) Act 2011.
Apart from that, Clause 5 in the bill, which is aimed at replacing Section
8A of Act 118, will also give the buyer the rights to terminate the sale
and purchase agreement if the developer refused to continue implementing
the project after six months from the date of the agreement.
The bill will also insert Clause 3, which is aimed at amending Section 6 of
Act 118, which stated that the deposit to obtain a housing development
licence to be increased from RM200,000 to three percent of the estimated
cost of the project.
This is to ensure that only developers who have sufficient financial
ability will be allowed to implement housing projects.
Meanwhile, Clause 8 is aimed at amending Section 16AD of Act 118 to
increase the minimum penalty of RM10,000 for non-compliance of tribunal
award to a maximum of RM50,000.
Clause 6, on the other hand, is aimed at amending sub-section 16N (1) of
Act 118 to give more power for the tribunal to hear claims on a sale and
purchase agreement involving an unlicensed housing developer.
The proposed Clause 10, however, aimed at amending Section 24 of Act 118 to
increase the maximum fines for any violations of the law to RM50,000 from
RM20,000 previously.
– Bernama
CJMY
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