Housing Development (Control and Licensing) Act 118 – Tribunal & Miscellaneous Provisions

Vocabulary flashcards covering key terms, bodies, offences, powers, and procedures found in the Housing Development (Control and Licensing) Act 118 lecture segment, with emphasis on the Tribunal for Homebuyer Claims and related miscellaneous provisions.

Controller

The government officer empowered to administer and enforce the Housing Development (Control and Licensing) Act 118.

Homebuyer (s.16A)

Includes the first purchaser of a housing accommodation and any subsequent purchaser who bought from the first purchaser.

Tribunal for Homebuyer Claims

A statutory body established under Part VI to adjudicate disputes between homebuyers and housing developers.

Chairman of the Tribunal

Head of the Tribunal, appointed by the Minister from the Judicial and Legal Service.

Deputy Chairman of the Tribunal

Assists and, when necessary, temporarily exercises the functions of the Chairman.

Tribunal Member (s.16C(1)(b))

Person appointed by the Minister (minimum five) from former or current Judicial and Legal Service officers or qualified advocates & solicitors.

Term of Office (Tribunal)

Maximum three-year term; members may be re-appointed but not for more than three consecutive terms.

Vacation of Office (s.16E)

Seat becomes vacant upon death, resignation, expiry of term, or loss of legal professional status.

Revocation of Appointment

Power of the Minister to remove a Tribunal member for misconduct, incapacity, conviction of specified offences, bankruptcy, unsound mind, or repeated absence.

Secretary to the Tribunal

Officer appointed to manage administration; deemed an officer of the Tribunal.

Consolidated Fund

Government fund from which Tribunal members’ remuneration and allowances are paid.

Jurisdiction Cap (s.16M)

Tribunal may hear claims not exceeding RM50,000, excluding agreed extensions under s.16O.

Limitation of Jurisdiction (s.16N)

Tribunal cannot handle claims for recovery of land, estate disputes, goodwill, trade secrets, IP rights, or personal injury/death.

Time Limit for Claims

Claim must be filed within 12 months of CCC issuance, defects liability expiry, or SPA termination, whichever is later.

Extension of Jurisdiction (s.16O)

Parties may agree in writing to let the Tribunal decide claims above RM50,000.

Abandonment to Fit Jurisdiction (s.16P)

Claimant may drop the excess above RM50,000 to bring claim within Tribunal’s monetary limit.

Claim Splitting Prohibition (s.16Q)

Same matter against the same party cannot be divided into multiple claims to fit jurisdiction.

Exclusion of Court Jurisdiction (s.16R)

Once a claim is lodged, the same dispute cannot proceed in court unless the court case started first or the Tribunal claim is withdrawn.

Notice of Claim & Hearing (s.16S)

Secretary must notify parties of the date, time, and place of Tribunal hearing.

Negotiated Settlement (s.16T)

Tribunal assists parties to settle; recorded settlement has the force of an award.

Right of Audience (s.16U)

Parties may appear personally; legal representation only allowed for complex issues causing hardship.

Public Proceedings (s.16V)

All Tribunal hearings are open to the public.

Evidence Powers (s.16W)

Tribunal may receive evidence, summon witnesses, require documents, and obtain expert testimony.

Ex-parte Determination (s.16X)

Tribunal may decide a claim in the absence of a party if proper notice was served.

Tribunal Award (s.16Y)

Decision that may order payment, refund, compliance with SPA, compensation, variation, costs, interest (≤8 % p.a.), or dismissal.

Correction of Award

Tribunal may rectify clerical mistakes or accidental slips in its awards.

Reference to High Court (s.16Z)

Tribunal may refer significant legal questions to a High Court Judge before issuing an award.

Reasons for Decision (s.16AA)

Tribunal must provide reasons for every award.

Finality of Decisions (s.16AC)

Awards and recorded settlements are final, binding, and enforceable in the Magistrates’ or Sessions Court.

Criminal Penalty for Non-Compliance (s.16AD)

Failure to obey a Tribunal award is an offence: fine RM10,000–RM50,000 or imprisonment ≤2 years, plus daily fines for continuance.

Good-Faith Immunity (s.16AH)

No suit lies against the Tribunal or its members for acts done in good faith under the Act.

Controller’s Compounding Power (s.23A)

Controller may settle certain offences by collecting a compound not exceeding the maximum fine.

Indemnity & Protection (s.17)

Government and officials immune from civil suits for bona fide actions under the Act; actions must be filed within six months.

Unlicensed Development Offence (s.18)

Developing without a licence or breaching licence conditions carries RM250,000–RM500,000 fine or ≤5 years’ imprisonment.

Abandonment Offence (s.18A)

Abandoning a housing project is punishable by a fine ≥RM250,000 or ≤3 years’ imprisonment or both.

Developer’s Duty Offences (s.19)

Failures under sections 7, 8, 11, 12 attract fines RM50,000–RM250,000 and possible imprisonment ≤3 years.

Director’s Disqualification Offence (s.20)

Bankrupt or convicted persons acting as directors/managers face 12-36 months’ jail and RM50,000–RM250,000 fine.

Vicarious Liability (s.22)

Directors, managers, agents, clerks or servants may be deemed liable for company offences unless due diligence proved.

Public Servant Status (s.22A)

Controller, Inspectors, Tribunal members/officers are ‘public servants’ under the Penal Code.

Homebuyer’s Right of Action (s.22C)

Homebuyer may sue or file Tribunal claims in own name despite assignments to financiers, with notice to financier.

Absolute Assignment (s.22D)

Written transfer of proprietary rights and SPA chose-in-action effective upon notice to the developer; developer’s consent not required.

Stakeholder Release Offence (s.22E)

Stakeholder who wrongly releases money to developer commits an offence: fine RM10,000–RM100,000 or ≤5 years’ jail.

False Progress Certification (s.22F)

Architect/engineer certifying incomplete works faces fine RM10,000–RM100,000 or ≤5 years’ imprisonment.

Regulation-Making Power (s.24)

Minister may issue regulations on advertisements, contracts, payments, Housing Development Account, fees, offences, and exemptions.

Housing Development Account

Dedicated account regulated by the Act and regulations for managing purchasers’ payments.

Consolidated Fund (Remuneration)

Source from which Tribunal allowances and other payments are charged.

Public Authorities Protection Act 1948 (s.22B)

Extends statutory protection and limitation period to actions against officials acting under the Act.

Schedule (Licence Application Documents)

Lists documents required (e.g., audited balance sheet, MoA, partnership agreement) when applying for a developer’s licence.