Housing Development Act Compliance for Licensed Developers
A licensed housing developer in Malaysia operates inside a statutory sale and purchase framework that leaves very little room to negotiate: the Housing Development (Control and Licensing) Act 1966 and its regulations impose a mandatory licence and advertising permit before any sale, a fixed statutory sale and purchase agreement that developers cannot vary, a controlled Housing Development Account, and liquidated ascertained damages that start accruing automatically the moment vacant possession is delivered late.
This one-day programme is for legal, compliance, project and sales teams at licensed housing developers. It works through the licensing and permit conditions that must be in place before marketing starts, the Schedule G and Schedule H agreements and why their terms cannot be amended by contract, the Housing Development Account and its withdrawal restrictions, the construction-progress payment schedule, defects liability obligations, and the liquidated ascertained damages exposure that follows late delivery of vacant possession. Orbix is an independent training provider and has no role in the licensing or enforcement process under the Act.
HRD Corp SBL-Khas Claimable
Programme Agenda
9:00 AM - 9:15 AM
Welcome and Programme Overview
Introduction to the session, objectives, and housekeeping.
9:15 AM - 10:15 AM
Developer Licensing and the Advertising and Sale Permit
The Housing Developer's Licence and the Advertising and Sale Permit, the conditions attached to each, and why advertising or selling before both are in place is a compliance failure that undermines everything built on top of it.
10:15 AM - 10:30 AM
Break
10:30 AM - 11:30 AM
The Statutory Sale and Purchase Agreement: Schedule G and Schedule H
Why the Schedule G agreement for land and the Schedule H agreement for a building or a building and land are fixed by the regulations, what a developer cannot vary through a side letter or a negotiated clause, and the limited areas where supplementary terms are actually permitted.
11:30 AM - 12:30 PM
The Housing Development Account
What has to be paid into the Housing Development Account, the restrictions on withdrawal, and why treating the account as general working capital is one of the fastest ways a developer attracts regulatory attention.
12:30 PM - 1:30 PM
Lunch
1:30 PM - 2:20 PM
Progress Payments and Construction Milestones
The statutory schedule of payments tied to construction progress under Schedule G and Schedule H, and aligning the finance and project teams' own milestone certification process to the stages the agreement actually requires.
2:20 PM - 3:15 PM
Defects Liability and Delivery of Vacant Possession
The defects liability period and a developer's obligations within it, and the delivery of vacant possession deadline the agreement sets, including what counts as a valid delivery under the Act.
3:15 PM - 3:30 PM
Break
3:30 PM - 4:45 PM
Late Delivery: Liquidated Ascertained Damages and the Tribunal
How liquidated ascertained damages accrue once vacant possession is delivered late, the calculation basis set by the agreement, and the role of the Tribunal for Homebuyer Claims in resolving a purchaser's claim without full civil litigation.
4:45 PM - 5:00 PM
Wrap-Up and Q&A
Key takeaways, next steps, and close.
Key Outcomes
- Confirm licensing and permit conditions are in place before any marketing or sale activity begins
- Apply the correct Schedule G or Schedule H agreement terms without unauthorised variation
- Manage Housing Development Account contributions and withdrawals within the regulations
- Align progress billing to the statutory construction-milestone payment schedule
- Meet defects liability and vacant possession delivery obligations
- Calculate liquidated ascertained damages exposure and understand the Tribunal's role in a dispute
Training Mode Physical / Online / Hybrid / e-learning
HRD Corp SBL-Khas Claimable
Level Foundation to intermediate. For legal, compliance, project and sales teams at licensed housing developers.
Duration 1 Day (8 Hours) | 9:00 AM to 5:00 PM
Venue In-house at the client's premises, or delivered via the client's preferred platform (Microsoft Teams, Zoom, or equivalent)
Assessment A milestone and LAD-exposure calculation exercise against a sample project timeline, plus a written knowledge check
Certificate Certificate of Completion issued to all participants upon full attendance