HOW TO ENSURE THE BEST PRACTICES AND PROCEDURES FOR THE HOUSING DEVELOPMENT SECTOR

• Date: 24 April 2025
• Venue: Concorde Hotel Kuala Lumpur
• Organiser: Logic Plus Events
• Strategic Partners: Chee Hoe & Associates; BurgieLaw; LexScout
• BOVAEP / LPPEH: 5 CPD HOURS APPLIED

This 1-day intensive seminar cum workshop is the first seminar in our Housing Development Seminar Series for 2025. It will lay the way forward by enabling participants to learn how to implement the latest best practices and procedures for the housing development sector in Malaysia.

The speakers will deal with the important issues such as: when is a developer required to deliver vacant possession; how does one calculate liquidated ascertained damages (LAD) for late vacant possession; what is the nexus between Schedule H and the Strata Management Act 2013; how does Schedule H apply to a phased development; what kind of new controls will be introduced over housing developers under the proposed amendments to the Housing Development Act 1966; and how to deal with defects under the current housing development regime.

The KEY TOPICS include:

• UPCOMING CHANGES TO THE HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966: WHAT YOU SHOULD KNOW
• WHEN DOES A DEVELOPER ADOPT THE PRESCRIBED SPA?
• WHAT ARE THE LEGAL OBLIGATIONS OF A DEVELOPER UNDER THE PRE- SCRIBED SPA FOR PHASED DEVELOPMENTS
• WHAT ARE THE DEVELOPER’S DUTIES ON DEFECTS?
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WHO SHOULD ATTEND

• Property Developers
• Legal Practitioners / Consultants
• Project Managers
• Local Authorities & Commissioners
• Property Owners / Investors
• Valuers, Appraisers and Estate Agents
• Planners

PROGRAMME

9.00am – 10.30am           WHEN DOES A DEVELOPER ADOPT THE PRESCRIBED SPA?

By Lai Chee Hoe

Managing Partner, Chee Hoe & Associates

• When do we use Schedule G, H, I and J
• When can I choose not to use the prescribed SPA
• What are the important provisions in a Schedule H
• Workshop: to look at the clauses in Schedule H
• What is the nexus between Schedule H and the Strata Management Act 2013
• When is a developer required to deliver vacant possession (VP)
• How does one calculate liquidated ascertained damages (LAD) for late vacant possession?

10.30am – 11.00am         Coffee Break

11.00am – 12.30pm        WHAT ARE THE LEGAL OBLIGATIONS OF A DEVELOPER UNDER THE PRE- SCRIBED SPA FOR PHASED DEVELOPMENTS

By Lai Chee Hoe

Managing Partner, Chee Hoe & Associates

• Does Schedule H apply to a phased development?
• Does a proprietor of a provisional block need to pay charges?
• Does one need to extend the defect liability period to pre-existing facilities
• What are the items you should avoid having in the Second Schedule (Common Facilities and Services)
• What are the essential items one must have in a deed of mutual covenant when dealing with Prescribed SPA for phased development

12.30pm – 1.30pm           Networking Lunch

1.30pm – 3.00pm             UPCOMING CHANGES TO THE HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966: WHAT YOU SHOULD KNOW

By Nur Amzari Bin Dato’ Sri Azemi

Director, Housing Development Licensing Division at the National Housing Department, KPKT

• What current legislation will be amended under the new Act?
• Is it true that commercial development will be regulated by the Government under the new act?
• What kind of new controls will be introduced over housing developers under the new act?
• Will the rights of developers and buyers be more guaranteed under the new act?
• Why is the government making strict controls on housing developments under the new act?
• When will the new act come into force?

3.00pm – 3.30pm             Tea Break

3.30pm – 5.00pm             WHAT ARE THE DEVELOPER’S DUTIES ON DEFECTS?

By Lai Chee Hoe

Managing Partner, Chee Hoe & Associates

• What are the key duties in relation to defects under Housing Development Act 1966?
• What are the defect liability mechanism by virtue of the SPA?
• Who is entitled to lodge a complaint on defects under the SPA?
• How many days does the developer have to respond to the defect complaint?
• Does the developer need to repair defects after the defect liability period?
• What amounts to defects?
• What are the differences between patent and latent defects?
• How to effectively manage defects?

5.00pm – 6.00pm            QUESTION & ANSWER

SPEAKER PROFILE

Lai Chee Hoe

A Certificate of Legal Practice (“CLP”) Book-prize winner for General Paper, author of “Strata Management Practice & Procedure” published by CLJ Publication 2019 edition, admitted and enrolled as an Advocate and Solicitor of the High Court of Malaya in 2005.

In year 2019, he sat on the previous focus committee amending the Strata Management Act 2013 and the Strata Management (Maintenance & Management) Regulations 2015. In year 2024, he was appointed by the Ministry of Housing and Local Government as one of the panel of advisor to assist in the amendments to the Housing Development (Control and Licensing) Act 1966 [Act 118] and Strata Management Act 2015. [Act 757]

He specialises in strata management and housing development disputes. He also advises developers on strata related pre-emptive actions and provide a comprehensive advisory from the stage of SIFUS and drawing up the schedule of parcels.

He argues complicated strata management issues in court regularly and is constantly sought after to provide training and talks. He acts for joint management bodies (JMB), management corporations (MC) and developers.

He acted as the main counsel for:

1. Obata Ambak v Prema Bonanza which the Federal Court (with a panel of 5 judges) delivered a landmark decision distinguishing Ang Ming Lee.
2. Pearl Suria case where the Court of Appeal (and leave was not allowed in the Federal Court) delivered a landmark decision in allowing a developer (during preliminary management period) and Management Corporation to apply different rates of charges.
3. Gas Malaysia case where the Court of Appeal (and later affirmed by the Federal Court) opined that the Management Corporation has no power to supply Gas to the development area.

He also acts for the Bar Council on various cases. He also regularly updates Strata related cases on https://blog.burgielaw.com/

Nur Amzari Bin Dato’ Sri Azemi

Mr Nur Amzari is the current Director of the Housing Development Licensing Division at the National Housing Department, KPKT. He entered the Malaysian public service in 2004 and has accumulated nearly 20 years of experience in diverse fields. He held the positions of Assistant Director at the Federal Land Property Section, Assistant Director at the Enforcement and Federal Revenue Section, and Assistant Director at the Land Acquisition Section within the Department of Director General of Lands and Mines (JKPTG), Ministry of Natural Resources (NRE) from 2004 to 2010.

He served as the Director of JKPTG Melaka from February 2010 until March 2011 and served as the Deputy Director (Finance) in the Department of Survey and Mapping (JUPEM) from 2011 until 2016. He then served as the Senior Principal Assistant Secretary at the International and Strategic Secretariat Division, KPKT from 2016 to 2021 and as the Senior Principal Assistant Director at the Strata Management Division, National Housing Department from 2021 to 2022.

He earned a Bachelor of Law with Honors (LLB Hons) from the International Islamic University of Malaysia (IIUM) in 2004 and a Master of Laws (LL.M.) from the University Kebangsaan Malaysia (UKM) in 2023. He is also a member of Jabatan Perumahan Negara task force team working on amending the Housing Development (Licensing and Control) Act 1966.

REGISTRATION FEES

RM950 – Early Bird Registration: Payment received by 18April 2025

RM1050 – Normal Price / HRDC Registration

Full brochure can be obtained below: