Please read this for those who are interested in SOxO
http://www.theedgeproperty.com/news-a-view...d-products.html
key highlights :
couple of interesting points to takeaway:
LEGAL
1) The Housing Development (Control and Licensing) Act 1966 states that “housing accommodation includes any building, tenement or messuage which is wholly or principally constructed, adapted or intended for human habitation or partly for human habitation and partly for business premises and such other type of accommodation as may be prescribed by the Minister (of Housing and Local Government) from time to time to be a housing accommodation pursuant to section 3A”.
Section 3A basically says the minister may “from time to time, by order published in the Gazette, prescribe any type of accommodation to be a housing accommodation. In the event of any doubt as to whether a housing accommodation falls within the meaning of this Act, the Minister’s decision shall be final and shall not be questioned in any court”.
2) Tan says the interpretation of SoHos and properties erected on commercial land and whether they fall under the HDA is “intention-based”.
a) “It depends on how you market them, if there are no (overt/explicit) residential elements in their advertising. It’s all about rationalising the intent.
b) “As for the SPA, it depends on whether it follows Schedules G and H of the HDA. If it does, then the property is a residential type and falls under the HDA.
c) Look for the fine print that’s usually added at the end of the advertisement, the one that explains unit sizes and minimum to maximum prices. If there is that fine print in the advertisement, the property usually falls under the HDA.
d)“Residential use falls under the definition of commercial property whereas residential land is strictly confined to residential use.”
e) Although these SoHo-like properties fall under the ambit of commercial properties, it should be noted that Napic has categorised SoHos as a type of residential property since 2Q2009
ISSUES
3) As commercial properties do not enjoy protection under the HDA, the developer’s track record is crucial when buying SoHos or similar properties
4) Chan of SK Brothers highlights an interesting dilemma faced by some owners — some professions do not recognise SoHos as a legitimate business address, especially those that view SoHos as dwellings.
FUTURE
5) Chan says the outlook for SoHos and strata-titled high-rises depends on general market sentiment and tightening measures.
“It goes back to the rule of thumb of property investment: location, timing, choice of unit, pricing, packaging, number of units and not so much their classification.”
Investment SUMMER SUITES AND SUMMER V.O.S. [OWNERS' THREAD], From RM328k off Jalan Sultan Ismail
Feb 27 2012, 09:33 AM
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