Non-HDA Property Development and Land Law Compliance
The Housing Development Act gets most of the attention in property compliance training, but a meaningful share of development activity in Malaysia, commercial, industrial and certain land development projects, sits outside its licensing regime entirely. This one-day programme is the companion to Housing Development Act Compliance, covering everything that course's HDA-licensing scope does not reach.
The day opens with how to tell whether a project actually falls outside the HDA, since getting that classification wrong in either direction creates real exposure. It then works through the land law fundamentals a developer needs (titles, restrictions in interest, land use conversion), the planning approval process through the local and state authorities, how a non-HDA sale and purchase agreement differs from the HDA's mandatory Schedule H and Schedule G terms, developer licensing outside the HDA framework, and the legal risk points a non-HDA developer most often misses.
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
Is This Project Inside or Outside the HDA?
The tests that determine whether a development falls under the Housing Development Act's licensing regime, the project types that typically sit outside it, commercial, industrial and certain land development, and why misclassifying a project in either direction creates exposure.
10:15 AM - 10:30 AM
Break
10:30 AM - 11:30 AM
Land Law Fundamentals for Developers
Working concepts from the National Land Code that a developer deals with directly: land titles and categories of land use, restrictions in interest and how they constrain a development, and the land use conversion process when a project requires one.
11:30 AM - 12:30 PM
Planning Approvals
The planning approval process through the local authority and, where relevant, the state authority, the typical sequence of consents a development needs before construction, and where approval timelines most often slip.
12:30 PM - 1:30 PM
Lunch
1:30 PM - 2:20 PM
Structuring a Non-HDA Sale and Purchase Agreement
How a non-HDA sale and purchase agreement is built on freedom of contract rather than the HDA's mandatory Schedule H and Schedule G terms, what that flexibility means for both developer and purchaser, and the protections a purchaser loses by not having HDA-mandated terms available.
2:20 PM - 3:15 PM
Developer Licensing Outside the HDA Framework
What licensing and regulatory requirements still apply to a developer running a non-HDA project, and how they differ from the HDA's Housing Developer's Licence and Advertising and Sale Permit regime.
3:15 PM - 3:30 PM
Break
3:30 PM - 4:45 PM
Legal Risk Management for Non-HDA Developers
The risk points that most often catch out a non-HDA developer: contract terms left to negotiation that an HDA project would have fixed by statute, construction and delivery risk with no statutory liquidated damages framework to fall back on, and title and land risk specific to the project.
4:45 PM - 5:00 PM
Wrap-Up and Q&A
Key takeaways, next steps, and close.
Key Outcomes
- Determine whether a given development project falls inside or outside the HDA's licensing regime
- Apply land law fundamentals relevant to a development project, including titles, restrictions in interest and land use conversion
- Navigate the planning approval process through the local and state authorities
- Structure a non-HDA sale and purchase agreement and explain what it does not statutorily protect
- Identify the licensing and regulatory requirements that still apply outside the HDA framework
- Identify the legal risk points most specific to a non-HDA development project
Training Mode Physical / Online / Hybrid / e-learning
HRD Corp SBL-Khas Claimable
Level Foundation to intermediate. For developers, legal, project and compliance teams working on commercial, industrial or land development projects outside the HDA's licensing regime.
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 project classification and risk-spotting exercise plus a short knowledge check
Certificate Certificate of Completion issued to all participants upon full attendance