Housing Development (Housing Development Account) (Amendment) Regulations 2015
P.U. (A) 104 of 2015; Federal Subsidiary Legislation; Issuing Authority: Minister of Urban Wellbeing, Housing and Local Government
28 May 2015 (Date of Publication in Gazette: 01 June 2015) | Source: Attorney General’s Chambers E-Federal Gazette

HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966

HOUSING DEVELOPMENT (HOUSING DEVELOPMENT ACCOUNT) (AMENDMENT) REGULATIONS 2015

In exercise of the powers conferred by section 24 of the Housing Development (Control and Licensing) Act 1966 [Act 118], the Minister makes the following regulations:

Citation

1. These regulations may be cited as the Housing Development (Housing Development Account) (Amendment) Regulations 2015.

General amendment

2. The Housing Development (Housing Development Account) Regulations 1991 [P.U. (A) 231/1991], which are referred to as the "principal Regulations" in these Regulations, are amended in the national language text by substituting for the word "fee" wherever appearing the word "fi".

Amendment of regulation 1A

3. Regulation 1A of the principal Regulations is amended by inserting after the words "certificate of fitness for occupation" the words "or the certificate of completion and compliance, as the case may be,".

Amendment of regulation 3A

4. Regulation 3A and paragraph 3A(c) of the principal Regulations are amended by substituting for the word "RM200,000.00" the words "an amount equivalent to three per cent of the estimated cost of construction as certified by an architect in charge of the housing development".

Amendment of regulation 4A

5. Regulation 4A of the principal Regulations is amended-

(a) in subregulation (1), by substituting for the words "twenty-one working days" the word "thirty days"; and

(b) by inserting after subregulation (2) the following subregulation:

"(3) Any payment with regard to the redemption sum under Schedules G and H, shall be paid directly to the bank and/or financial institution (bridging financier) and the bank and/or financial institution shall issue a statement to the licensed housing developer and the purchaser that such payment has been made.".

Amendment of regulation 7

6. Regulation 7 of the principal Regulations is amended-

(a) in paragraph (b) and subparagraph (c)(ii), by substituting for the word "loan" the words "financial facility";

(b) in subparagraph (d)(i), by inserting after the words "insurance premium" the words "or takaful contribution"; and

(c) in subparagraph (d)(ii), by substituting for the words "and consultant's fees" the words ", land surveyor's fees and other consultant's fees".

Amendment of regulation 8

7. Regulation 8 of the principal Regulations is amended-

(a) in paragraphs (2)(a) and (b), by substituting for the words "a cheque drawn" the words "any mode of payment other than cash mode"; and

(b) by inserting after subregulation (3) the following subregulation:

"(4) For every claim made by the licensed housing developer under this regulation from the Housing Development Account, a copy of the bank statement shall be submitted to the Controller before the end of the following month.".

Amendment of regulation 9

8. Regulation 9 of the principal Regulations is amended by inserting after the words "certificate of fitness" the words "or the certificate of completion and compliance, as the case may be,".

Amendment of regulation 11

9. Regulation 11 of the principal Regulations is amended-

(a) in paragraph (a), by inserting after the word "completed" the words "with the certificate of completion and compliance";

(b) by deleting the word "and" at the end of paragraph (a);

(c) in paragraph (b), by substituting for the full stop the words "; and"; and

(d) by inserting after paragraph (b) the following paragraph:

"(c) the defect liability period has expired.".

Amendment of regulation 11A

10. Regulation 11A of the principal Regulations is amende -

(a) by renumbering the existing regulation as subregulation (1); and

(b) by inserting after subregulation (1) the following subregulation:

"(2) The Controller may use the monies in the Housing Development Account to comply with an award made by the Tribunal.".

Amendment of regulation 12A

11. Regulation 12A of the principal Regulations is amende -

(a) in the shoulder note, by inserting after the word "report" the words "of the Housing Development Account"; and

(b) in paragraph (a), by substituting for the words "each and every deposit and withdrawal recorded in the account are" the words "the Housing Development Account has been maintained".

Amendment of regulation 12B

12. Regulation 12B of the principal Regulations is amended by substituting for the words "fraudulent act or misappropriation of money" the word "irregularities".

Amendment of regulation 12C

13. Regulation 12C of the principal Regulations is amended by substituting for the word "five" the word "fifty".

Savings

14. (1) Notwithstanding the provisions of these Regulations, any licensed housing developer who before the coming into force of these Regulations was holding a Housing Development Account, may continue to hold such Account for such period and subject to such conditions specified in its housing developer's license.

(2) Nothing in these Regulations shall affect the use of the Housing Development Account under the housing developer's license issued prior to the coming into force of these Regulations until all the housing accommodations in the housing development have been completed.

Made 28 May 2015
[(52)KPKT/PUU/9/01 Jld.3; PN(PU2)31/XV] P.U. (A) 104

DATUK ABDUL RAHMAN BIN DAHLAN
Minister of Urban Wellbeing, Housing and Local Government

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