Скачать или смотреть Sale and Purchase Agreement in Malaysia | Property Transaction | Schedule H | Strata Title

In Malaysia, the Sales and Purchase Agreement (SPA) for Schedule H is a standardized contract used for the sale of stratified residential properties (e.g., apartments, condominiums) that are sold before completion (i.e., off-plan or under construction).

Schedule H is governed by Housing Development (Control and Licensing) Regulations 1989, specifically under Regulation 11(1).

📑 Key Features of the Schedule H SPA:
1. Type of Property:
o For stratified buildings like condominiums, apartments, flats.
o Typically applies to properties with individual strata titles.

2. Standard Format:
o The SPA is a statutory contract — developers are not allowed to modify its core terms unless with special approval from the Ministry of Housing (KPKT).

3. Main Contents Include:
o Purchase price and payment terms (typically the progressive payment schedule based on construction milestones).
o Delivery of vacant possession (typically within 36 months from the SPA date).
o Defect liability period (usually 24 months after delivery of vacant possession).
o Strata title issuance and transfer.
o Maintenance charges and sinking fund details.

4. Progressive Payment Schedule:
o Based on construction stages such as completion of foundation, framework, roofing, etc.
o Payments are released via the buyer’s end-financier (bank or EPF).

5. Legal Protections:
o Developers must be licensed and adhere to strict guidelines.
o Failure to deliver on time can lead to Liquidated Damages (LAD).

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