Moving forward with affordable housing


One way to solve housing shortage problem is to build more houses.

“If we take a look at countries with commendable housing policies such
as Singapore and Hong Kong, we notice that the government plays a very
important role in building and ensuring a sufficient supply of housing
for their people.”

THE issue of affordable housing has been a hot potato for many countries, especially for a nation with a growing population and urbanisation like ours.

In my previous article, I mentioned that there was a growing shortage of affordable housing in our country according to Bank Negara governor Tan Sri Muhammad Ibrahim. The shortage is expected to reach one million units by 2020.

According to Bank of England governor Mark Carney, one of the most effective ways to address the issue is to build more houses. There are good examples in countries like United Kingdom, Australia and Singapore, which have 2.4, 2.6 and 3.35 persons per household respectively.

In comparison, the average persons per household in our country is 4.06 person, a ratio which Australia had already achieved in 1933! To improve the current ratio, we need to put more effort into building houses to bring prices down.

If we take a look at countries with commendable housing policies such as Singapore and Hong Kong, we notice that the government plays a very important role in building and ensuring a sufficient supply of housing for their people.

For example in Singapore, their Housing and Development Board (HDB) has built over one million flats and houses since 1960, to house 90% of Singaporeans in their properties. In Hong Kong, the government provides affordable housing for lower-income residents, with nearly half of the population residing in some form of public housing nowadays. The rents and prices of public housing are subsidised by the government and are significantly lower than for private housing.

To be on par with Australia (2.6 persons per household), our country needs a total of 8.6 million homes to house our urban population of 22.4 million people. In other words, we need an additional 3.3 million houses on top of our existing 5.3 million residential houses.

However, with our current total national housing production of about 80,000 units a year, it will take us more than 40 years to build 3.3 million houses! With household formation growing at a faster rate than housing production, we will still be faced with a housing shortage 40 years from now.

Therefore, even if the private sector dedicated all its current output to build affordable housing, it will still be a long journey ahead to produce sufficient houses for the nation. It is of course impossible for the private sector to do so as it will be running at a loss due to rising costs of land and construction.

In view of the above, the government has to shoulder the responsibility of building more houses for the rakyat due to the availability of resources owned by the government. Land, for example, is the most crucial element in housing development. As a lot of land resources are owned by government, they must offer these lands to relevant agencies or authorities to develop affordable housing.

I recall when I was one of the founding directors of the Selangor State Development Corp in 1970s, its main objectives was to build public housing for the rakyat.

However, today the corporation has also ventured into high end developments in order to subsidise its affordable housing initiatives. This will somehow distract them from focusing on the affordable housing sector.

Although government has rolled out various initiatives in encouraging affordable houses, it is also important for the authorities to constantly review the original objectives of the relevant housing agencies, such as the various State Economic Development Corporations, Syarikat Perumahan Negara Bhd, and 1 Malaysia People’s Housing Scheme, to ensure they have ample resources especially land and funding to continue their mission in building affordable housing.

A successful housing policy and easy access to affordable housing have a huge impact on the rakyat. It is hoped that our government escalates its effort in building affordable housing, which will enhance the happiness and well-being of the people, and the advancement of our nation.


Datuk Alan Tong has over 50 years of experience in property development. He is also the group chairman of Bukit Kiara Properties. For feedback, please email feedback@fiabci-asiapacific.com.
By Alan Tong

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Critical trends to watch in 2018


There are many issues on a fast and slow boil and some of them could reach a tipping point in the new year

ANOTHER new year has dawned, and it’s time to preview what to expect in 2018.

The most obvious topic would be to anticipate how Donald Trump, the most unorthodox of American presidents, would continue to upset the world order. But more about that later.

Just as importantly as politics, we are now in the midst of several social trends that have important long-term effects. Some are on the verge of reaching a tipping point, where a trend becomes a critical and sometimes irreversible event. We may see some of that in 2018.

Who would have expected that 2017 would end with such an upsurge of the movement against sexual harassment? Like a tidal wave it swept away Hollywood producer Harvey Weinstein, film star Kevin Spacey, TV interviewer Charlie Rose and many other icons.

The #MeToo movement took years to gather steam, with the 1991 Anita Hill testimony against then US Supreme Court nominee Clarence Thomas being a trailblazer. It paved the way over many years for other women to speak up until the tipping point was reached. So, in 2018, expect the momentum to continue, and in more countries.

Another issue that has been brewing is the rapid growth and effects of digital technology. Those enjoying the benefits of the smartphone, Google search, WhatsApp, Uber and online shopping usually sing its praises.

But the “Fourth Industrial Revolution” is like Dr Jekyll and Mr Hyde. It has many benefits but also serious downsides, and the debate is now picking up.

First, automation with artificial intelligence can make many jobs redundant. Uber displaced taxis, and will soon displace its drivers with driver-less cars.

The global alarm over job losses is resonating at home. An International Labour Organisation report warning that 54% of jobs in Malaysia are at high risk of being displaced by technology in the next 20 years was cited by Khazanah Research Institute in its own study last April. TalentCorp has estimated that 43% of jobs in Malaysia may potentially be lost to automation.

Second is a recent chorus of warnings, including by some of digital technology’s creators, that addiction and frequent use of the smartphone are making humans less intelligent and socially deficient.

Third is the loss of privacy as personal data collected from Internet use is collected by tech companies like Facebook and sold to advertisers.

Fourth is the threat of cyber-fraud and cyber-warfare as data from hacked devices can be used to empty bank accounts, steal information from governments and companies, and as part of warfare.

Fifth is the worsening of inequality and the digital divide as those countries and people with little access to digital devices, including small businesses, will be left behind.

The usual response to these points is that people and governments must be prepared to get the benefits and counter the ill effects. For example, laid-off workers should be retrained, companies taught to use e-commerce, and a tax can be imposed on using robots (an idea supported by Bill Gates).

But the technologies are moving ahead faster than policy makers’ capacity to keep track and come up with policies and regulations. Expect this debate to move from conference rooms to the public arena in 2018, as more technologies are introduced and more effects become evident.

On climate change, scientists frustrated by the lack of action will continue to raise the alarm that the situation is far worse than earlier predicted.

In fact, the tipping point may well have been reached already. On Dec 20, the United Nations stated that the Arctic has been forever changed by the rapidly warming climate. The Arctic continued in 2017 to warm at double the rate of the global temperature increase, resulting in the loss of sea ice.

These past three years have been the warmest on record. The target of limiting temperature rise to 2°C above pre-industrial levels, a benchmark just two years ago by the UN’s top scientific climate panel and the Paris Agreement, seems outdated and a new target of 1.5°C could be adopted in 2018.

But it is much harder to meet this new target. Will political leaders and the public rise to the challenge, or will 2018 see a wider disconnect between what needs to be done, and a lack of the needed urgent response?

Another issue reaching tipping point is the continuing rise of antibiotic resistance, with bacteria mutating to render antibiotics increasingly ineffective to treat many diseases. There are global and national efforts to contain this crisis, but not enough, and there is little time left to act before millions die from once-treatable ailments.

Finally, back to Trump. His style and policies have been disruptive to the domestic and global order, but last year he seemed unconcerned about criticisms on this. So we can expect more of the same or even more shocking measures in 2018.

Opposition to his policies from foreign countries will not count for much. But there are many in the American establishment who consider him a threat to the American system.

Will 2018 see the opposition reach a tipping point to make a significant difference? It looks unlikely. But like many other things in 2018, nothing is reliably predictable.

Global Trends by martin khor

Martin Khor is executive director of the South Centre. The views expressed here are entirely his own.
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Too good to be true? Think twice


 

HAVE you ever grabbed an offer without any hesitation, simply because the price is too cheap to resist?

Many of us have this experience especially during sales or promotional campaigns. We tend to spend more at the end or buy things which we are uncertain of their quality when the deal seems too good to say no.

It may be harmless if the amount involved is insignificant. However, when we apply the same approach to big ticket items, it can cause vast implications.

Recently, I heard a case which reinforces this belief.

A friend shared that a property project which was selling for RM300,000 a few years ago is now stuck. Although the whole project was sold out, the developer has problem delivering the units on time.

The developer is calling all purchasers to renegotiate the liquidated and ascertained damages (LAD), a compensation for late delivery.

One of the homeowners said he is owed RM50,000 of LAD, which means the project is 1½ years late. When we chatted, we found that he purchased the unit solely due to its cheap pricing without doing much research in the first place.

The incident is a real-life example of paying too low for an item which can leave us as losers, especially when it involves huge sum of investment, such as property.

To many, buying a house maybe a once-in-a-lifetime experience, a decision made can make or break the happiness of a family.

A good decision ensures a roof over the head and a great living environment, while an imprudent move may incur long-term financial woes if the house is left uncompleted.

Nowadays, it is common to see people do research when they plan to buy a phone, household item, or other smaller ticket items.

Looking at the amount involved and implication of buying a house, we should apply the same discretion if not more.

It is always important for house buyers to study the background of a developer and project, consult experienced homeowners regarding the good and bad of a project before committing.

I have seen many people buy a house merely based on price consideration.

In fact, there are more to be deliberated when we commit for a roof over our heads. The location, project type, reputation of a developer, the workmanship, the future maintenance of the property etc, are all important factors for a good decision as they would affect the future value of a project.

Beware when a discount or a rebate sounds too good to be true, it may be just too good to be true and never materialised. If the collection or revenue of a housing project is not sufficient to fund the building cost, the developer may not be able to complete the project or deliver the house as per promised terms. At the end of the day, the “price” paid by homeowners would be far more expensive.

In general, the same principle applies elsewhere. It is a known fact that when we pay a premium for a quality product from a reliable producer, we have a peace of mind that the product could last longer and end up saving us money. Some lucky ones will end up gaining much more.

For instance, when we purchase a car, we should consider its resale value as some cars hold up well, while others collapse after a short period. Other determining factors include the specifications of the car, the after sales service, and the availability of spare parts.

Quality products always come with a higher price tag due to the research, effort, materials and services involved.

In addition to buying a house or big ticket items, other incidents that can tantamount to losing huge sums are like money games, get-rich-quick scheme, or the purchase of stolen cars or houses with caveats.

When an offer or a rebate sounds dodgy, the “good deal” can be a scam.

Years of experience tells me that when what is too good to be true, we should think twice. I always remind myself with a quote from John Ruskin (1819-1900) who was an art critic, an artist, an architect and a philosopher. “It’s unwise to pay too much, but it’s worse to pay too little. When you pay too much, you lose a little money – that’s all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing it was bought to do.

“The common law of business balance prohibits paying a little and getting a lot – it can’t be done. If you deal with the lowest bidder, it is well to add something for the risk you run, and if you do that you will have enough to pay for something better.”

Food for thought by Alan Tong

Datuk Alan Tong has over 50 years of experience in property development. He was the world president of FIABCI International for 2005/2006 and awarded the Property Man of the Year 2010 at FIABCI Malaysia Property Award. He is also the group chairman of Bukit Kiara Properties. For feedback, please email feedback@fiabci-asiapacific.com.

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Penang properties: security for homeseekers, location for foreigners, increased value for investors


 

Security ranks high for the homeseekers

GEORGE TOWN: Security is a key feature sought after by property buyers at the StarProperty.my Fair 2017 at Gurney Plaza and Gurney Paragon Mall here.

Eco World Development Group Berhad (EcoWorld) sales executive Andre Lim Han Lin said potential buyers approached the company due to the security features of its projects.

“We stress a lot on security in our projects. Take for example the Eco Meadows gated and guarded mixed development project in Simpang Ampat on the Penang mainland.

“Each housing unit comes with intercom system and alarm system to provide enhanced safety for our customers.

“In cases of emergency, homeowners can contact our well-trained security guards for assistance,” he said at the fair yesterday.

Hunza Properties (Penang) Sdn Bhd head of sales and marketing Karen Thein said the company’s Alila2 project in Tanjung Bungah comes with a top-notch security system to ensure the safety and security of its homebuyers.

“We have layers of security from the guardhouse, to the car park, lobby area and to the home unit.

“The project is equipped with security tags, access card control system and CCTVs,” she added.

She said Alila2 was also equipped with smart home panel that allows owners to view their visitors who are at the lobby.

“Owners can open the door to the lifts at the lobby from their home after confirming the identity of the visitors through the smart panel.

“Aside from that, each unit is equipped with a panic button for owners to alert the security guards during emergencies,” she said.

BDB Land Sdn Bhd sales executive Mohd Zaidi Md Jasmin said potential clients who came to their booths were also concerned about security.

“Security is one of the important factors we stressed in our Darulaman Perdana township in Sungai Petani.

“The project is a guarded community, crafted to meet the needs of those who seek comfort and safety in their homes.

“We have our security guards patrolling our project to ensure safety at all times.

“Besides safety, we are also into building a healthy and environmental-friendly community,” he said.

The StarProperty.my Fair 2017, organised by the Star Media Group, is open from 10am to 10pm daily until Sunday.. Admission is free.

By Christopher Tan The Star

Foreigners eyeing Penang properties

FOREIGNERS were among the early birds who visited the StarProperty.my Fair 2017 in Penang on its first day, looking for properties to invest in.

Couple Wallace Ng and Minnie Yip, both 50, from Hong Kong, said they were looking for a property with sea view and good facilities to invest in.

“Good location will be an added value to the property,” Ng said while checking the City Residence project in Tanjung Tokong by Ivory Properties Group Bhd at the fair yesterday.

Another couple from Shanghai, Liu Jun and Hua Wen Xin, both 49, were checking out Ewein Zenith’s City Of Dreams project in Gurney Drive.

“We are interested in having a property at a bay on Penang island. It would be a good investment for us. Location plays an important role,” Liu said.

New Zealander Brad Harman, 31, echoed similar sentiments, saying suitable location would be his first preference while looking for property in Penang.

“I understand that investing in the property market in Penang is profitable as it’s growing rapidly. This may be a good time to look for one but it will be a better choice when it has a good location too,” he said.

Henry Teoh, 29, and his girlfriend Jesslyn Tan, 24, both insurance agents from Penang who are searching for a second property in the state, said they were looking for a landed home since their first property is a high-rise.

“We prefer to have the house on the island as we think that the land value on the island is higher and it will be a good investment too,” Teoh said while checking the properties offered by IJM Land Bhd.

Sales and marketing executive Marie Kam, 37, who was eyeing Sentral Suites by Malaysian Resources Corporation Berhad (MRCB) in Kuala Lumpur Sentral, said the development attracted her due to its location.

“KL Sentral is a prime location in Kuala Lumpur,” she said.

At The Star’s booth in Gurney Plaza, retiree Ho Kam Hoong signed up for a one-year standalone ePaper subscription for RM180.

“I prefer The Star ePaper since it is more convenient as I can surf the news from anywhere.

“I like the lifestyle, social event and sports sections,” said Ho who received a complimentary RM20 Starbucks card, three free spins in the fair’s Spin & Win Contest and two additional months of free ePaper for signing up for the package.

More than RM50,000 worth of prizes are up for grabs in the Spin & Win Contest during the four day fair which is being held at Gurney Plaza and Gurney Paragon Mall.

The fair also offers visitors the opportunity to win a one-bedroom serviced suite worth over RM550,000 at PJ Midtown in Section 13 of Petaling Jaya, Selangor, under the Win A Home (WAH) campaign.

Simply like and follow the StarProperty.my Fair Facebook page, then register online at wah.starproperty.my or at the WAH booth in Gurney Paragon Mall, to get one entry.

Finally, complete a creative slogan in English.

Those who buy properties during this and all subsequent StarProperty.my Fairs until Dec 31 will be entitled to multiple entries.

Visit http://fair.starproperty.my for details and the terms and conditions.

The public could also sign up for the Penang Starwalk 2017 on Sept 10 and Fit For Life Fun Run on Nov 19 during the fair at The Star booth in Gurney Paragon.

The fair, organised by the Star Media Group, is open daily from 10am to 10pm until Sunday. Admission is free.

RM78,000 house four decades ago now priced close to RM1mil

PROPERTIES are a hedge against inflation as their value increases with time, said full-time property investor Kaygarn Tan.

Citing a single-storey house in Island Glades in Penang as example, he said the price doubled from RM78,000 in 1977 to RM158,000 in 1988.

“In 2015, it was priced at RM900,000,” Tan said in his talk titled ‘Creating Wealth Through Property Investment’.

He described the current property market as soft where purchasers hold much of the power in negotiations.

“This sentiment is shared by many business analysts and experts. It is now the buyer’s market.

“The people should grab the opportunity as sellers will be more flexible in their pricing,” he added.

Lawyer Khaw Veon Szu, in his talk titled ‘A Landmine-free Roadmap to Property Ownership/Investment’, said buying a property was arguably the biggest investment for ordinary people.

He advised buyers to equip themselves with basic knowledge of property purchasing and trust nobody.

“They should exercise due diligence, especially on the background of lawyers or real estate consultants before they engage their services,” he said.

In another talk, feng shui master Stephen Chin provided feng shui tips on selecting the right home.

The property education talks were brought to the fair by BDB Land.

Source: The Star/ANN

Educating the young urbanites

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GEORGE TOWN: Well-known developer BDB Land Sdn Bhd has launched its Property Education campaign at the StarProperty.my Fair 2017 organised by Star Media Group, in Penang.

Aimed at providing valuable insights into home ownership for the public, it includes informative talks at the four-day fair which ends today.

There will also be radio segments on 988 and Suria at prime time daily starting Aug 2, and digital content on The Star Online, to reach out to a broader audience.

The radio segments encompass topics like current property trends, upcoming developments, sub-sales market information, property investment, legal aspects, first-time buyer tips, foreign property news and more.

For the digital segment, there will be videos on various aspects of property ownership.

First-time buyers should benefit from the buying guide 101 that includes budget planning, things to prepare for, payment procedures and renovation costs, among others.

For experienced home buyers, there are also topics to look out for, such as refinancing a property, selling a property without making losses, who to approach if defects are found with the property, questions to ask the developer, and the importance of real estate management.

Izham presenting a momento to bin Yusoff, June Wong, Chief Content Officer of Star Media Group and her colleagues in Penang.
Izham presenting a memento to Wong. With them are Liong and Hwang.

BDB Group managing director and the BDB Land Sdn Bhd executive director Datuk Izham Yusoff said the campaign was in line with their EZY Home programme for young urbanites.

“Our track record of successfully delivering homes in self-sustaining townships in Kedah for over 30 years puts us in good position to give advice.>

“This reflects our long-standing commitment to help individuals own a home,” he said after the launch which started with an ice-breaking session by Suria Cruisers who engaged visitors in games and a quiz.

Also present were the company’s sales and marketing head Anneta Hassan, marketing and product development head Fadzil Amidi Ahmad and sales head Mohd Shukry Shuaib.

Joining them were Star Media Group Content Development chief operating officer June Wong and regional operations general manager (north) Simone Liong, as well as Star Media Radio Group general manager of sales Erin Hwang.

The public forums, themed “Let’s Talk Property”, continue today with sessions on “Attacting Wealth by Applying Vasthu Sastra (Indian Feng Shui)” at 11.30am by T. Selva, and “How Incredible i-Ching Helps Boost Prosperity in Your Home Fengshui” at 1.30pm by Mak Foo Wengg.

Popular with the masses: Visitors checking out The Light City project at the IJM Land’s booth during the StarProperty.my Fair 2017 at Gurney Plaza, Penang.

Completing the line up are talks on “5 Trends That Will Change the Malaysian Property Market Forever” at 4pm by Ahyat Ishak, and Penang Property Outlook at 5.30pm by Leon Lee.

The StarProperty.my Fair 2017 is organised by Star Media Group.

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Invest in the future



IT has always interested me to see how the different selection of words sent varied messages to readers and listeners.

Of late, I’m intrigued with the use of oxymorons, a combination of words that have opposite meanings and which usually produces an incongruous, seemingly self-contradictory effect.

Some daily expressions such as “open secret”, “seriously funny”, “deafening silence” and “pretty ugly”, are good examples on how the completely opposite meanings of words create dramatic effect.

Among other oxymorons come an expression often heard among condominium owners to their management corporations (MCs) and management offices: “We want you to lower costs and improve quality.”

Just like any other oxymoron phrases, the statement above makes me puzzle and ponder. It is prudent to manage costs, but unrealistic cost cutting over the long run will lead to decline in the quality of facilities and services.

Based on my experience, quality always comes with cost especially in property management. It is impossible to achieve higher quality standards by reducing expenditure.

I have heard of occasions where homeowners’ representatives in MC set high benchmark for the property management team, but expect them to cut down on the number of workers and cleaners in order to reduce spending. Needless to say, we can imagine what the outcome would be without looking at the property itself.

In reality, MC and homeowners must invest, not spend less for better quality. While developers and property managers play the important role of ensuring the upkeep of properties, the property owners themselves are the main stakeholders in deciding the fate of their properties. They are the party who can approve the budget and usage of their service charge and sinking funds.

In my previous article, I mentioned it is important for homeowners to participate in property management, such as attending AGMs and EGMs to exercise their right to raise concerns and approve the budget during such meetings.

In addition, homeowners and MCs must be bold in making decisions to invest in their properties with the reserved funds they have in their account.

Hence, while it is important to manage cost, it is also important to spend wisely for the future. Inflation is a fact of life, so MCs and homeowners should factor the inflation rate into their service charges, and use the real inflation rate, typically higher than the officially sanctioned rate anywhere in the world.

Typically, service charge is used for the general maintenance of the building. Sinking fund, on the other hand, can be used for the painting and the repainting of the common property, acquisition of movable property, the replacement of any fixture or fitting, the upgrading and refurbishment of the common property, and any other capital expenditure deemed necessary.

Managing a strata property is like maintaining a car. We must service our car regularly and replace its parts when they are due for change according to mileage. If a car is serviced less often, it gets more expensive to fix later when the equipment falls apart, and sometimes it may be too late to change.

Hence, when we reduce spending on maintaining a property, the decline of quality may be slow but sure. It takes time and additional cost when homeowners want to re-invest to restore the property later.

Invest in the future is just like doing exercise. It is hard to do, but if done regularly it will build health, strength and happiness.

To invest in a strata property means to increase, not cut down services such as cleaning, maintenance, security and landscaping. It also means to spend the sinking fund regularly not just on replacements, but also on upgrades, as the world doesn’t stand still. New projects would make existing projects old and even obsolete if we don’t manage our property well.

Investor’s nightmare

How well a property is managed can make or break the value of the property. A quality property management will allow the value to increase; while poor management could translate into an investor’s nightmare.

Active management and upgrading of properties is an important approach to protect our homes and investments. As such, whenever homeowners or property management companies tell me they are able to increase quality and cut cost at the same time, I would wonder whether, “Is this a short-term gain at the detriment of long-term benefits?”

By Alan Tong

Datuk Alan Tong was the world president of FIABCI International for 2005/2006 and awarded the Property Man of the Year 2010 at FIABCI Malaysia Property Award. He is also the group chairman of Bukit Kiara Properties. For feedback, please email feedback@fiabci-asiapacific.com.

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Good time to invest in property now


Better upside: (from left) Knight Frank Sdn Bhd international project marketing (residential) senior manager Dominic Heaton-Watson, Knight Frank Asia-Pacific research head Nicholas Holt, Sarkunan and capital markets executive director James Buckley at the event

KUALA LUMPUR: The slowdown in the local property market has bottomed out, with prices seen picking up later this year, according to property consultancy firm Knight Frank Sdn Bhd.

“We predict a stable rate in 2017 and we will possibly see better upside towards the end of the year or early next year,” Knight Frank managing director Sarkunan Subramaniam said.

“The market has had a few years of contraction and we feel that this year, what will clear up one of the major concerns of most investors is the political uncertainty,” he said at the launch of Knight Frank’s 2017 Wealth Report here yesterday.

According to the report, “political uncertainty” was among the top concerns of its respondents in Asia at 25%.

“We’re going to have elections possibly this year. Once they have cleared, there will be positive movement in the market and that’s why I feel now is a good time to buy property in Malaysia.

“Once the elections are out, the economy will generally start picking up and sentiments will improve. Capital will also start coming in,” he said.

According to the wealth report, potential fall in asset values was the highest concern among its Asian respondents at 30%, followed by rising taxes and tighter controls on capital movement at 28% and 27% respectively.

Going forward, Sarkunan said affordable homes would primarily drive the local property market.

“Affordable homes will still be a driver to an extent, but medium-to-high end properties will also pick up again. Also, when the mass rapid transit (MRT) lines come into the city, it will drive the commercial market there as well.

“We’ve had a lot of decentralisation push over the last 10 years and the MRT will bring office workers to the city.”

Sarkunan pointed out that locations with light rail transit (LRT) and MRT lines, such as Damansara Heights, have bucked the trend in terms of condominium values.

“Prices have actually increased compared with some of the other areas in Malaysia. Transport hubs or transport-orientated developments, such as Kota Damansara, have also seen improvements in prices.”

The Knight Frank 2017 Wealth Report tracks the value of luxury homes in 100 key locations worldwide, including 19 destinations from Asia Pacific.

According to the report, values rose globally by 1.4% on average last year, compared with 1.8% in 2015. Asia was the second best performing world region last year, with prices rising 5.1%.

Australasia was the strongest performing world region with prices rising 11.4% year-on-year.

Source: BY EUGENE MAHALINGAM The Star/ANN

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Protecting house buyers’ interest


I REFER to the reports “Court: No power to grant extension” and “A fair and right judgment, says housing developer” ( The Star, Feb 28 – Developer has to compensate buyers for delays of projects, Court says).

The High Court decision declaring as ultra vires (beyond one’s legal power or authority) the Housing and Local Government Minister’s granting of a one-year extension of time (EOT) to developers to complete a delayed housing project and thus denying house buyers liquidated and ascertained damages (LAD) provided for under the sale and purchase agreement is timely, sound and indeed meritorious. It is hoped that the decision would be maintained should the minister decide to appeal it.

The Housing Development (Control and Licensing) Act 1966 was enacted for the protection of home buyers.

The long title of the Act (paragraph stating Parliament’s intent for the Act) says: “An Act to provide for the control and licensing of the business of housing development in Peninsular Malaysia, the protection of the interest of purchasers…” This makes clear that the housing development business is regulated to ensure that the protection of home buyers’ interest is paramount.

Two eminent judges, the late Tun Mohamed Suffian, former Lord President of Malaysia, and the late Tan Sri Lee Hun Hoe, the longest serving Chief Justice of Borneo, stated this in two landmark cases respectively.

Suffian LP (Sea Housing Corporation v Lee Poh Chee): “To protect home buyers, most of whom are people of modest means, from rich and powerful developers, Parliament found it necessary to regulate the sale of houses and protect buyers by enacting the Act.”

Lee Hun Hoe CJ (Borneo) (Beca (Malaysia) Sdn Bhd v Tan Choong Kuang & Anor): “The duty of observing the law is firmly placed on the housing developers for the protection of house buyers. Hence, any infringement of the law would render the housing developer liable to penalty on conviction.”

Respectfully, it is submitted that the decision to grant the developer of a housing project extension of time and thus deny the home buyers’ statutory rights to LAD ought to be exercised with diffidence. The decision, if any, ought to be made with the Act’s long title in mind, namely, “for the protection of interest of purchasers”.

In doing so, some aspects to consider are:

> In granting EOT, how will home buyers’ interest be protected?

> LAD is agreed monetary payment for home buyers’ losses for delay in completion of a housing project. Is denying home buyers’ the LAD by the EOT tantamount to protecting their interest?

Although Section 11(3) of the Act states that the developer under “special circumstances” may apply to the Controller of Housing for EOT, it is submitted that Parliament and the long title of the Act surely did not intend LAD to be wiped out by “a stroke of a pen”.

To avoid doubt, “special circumstances” would mean act of God or natural disaster, for example earth quake or tsunami, and not business or economic related challenges or hardship.

The above view would make legal sense of Section 11(3).

Again, the High Court decision is lauded.

Home buyers’ interest is of paramount importance under the Housing Development (Control and Licensing) Act 1966. The Controller of Housing’s or Minister’s decision, although seemingly made “by a stroke of a pen”, must materialise or recognise this intent. Failing to do so would be ultra vires the Act.

May the redeeming light of the Housing Development Act (Control and Licensing) 1966 continue to shine effervescently and protect effectively home buyer’s interest for many years to come.

This letter is dedicated to the National Housebuyers Association, its great team of lawyers, professionals and volunteers for their sterling and pro-bono efforts to speak up for and preserve home buyers’ interest.

Source: ROBERT TAN,  Home buyer and author of Buying Property From Developer: What You Need To Know And Do, Petaling Jaya

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