Extend your lease
By CHRISTOPHER CHAN
IN Selangor, the extension of leases for leasehold properties is governed by the Selangor Land Rules 2003 and Selangor Quarry Rules 2003. There are two options:
1. Pay RM1,000 for the extension of the lease.This is provided the owner of the property does not re-sell it to a profiteer. However, you are allowed to transfer the property to family members. The state authorities will lodge a registrar caveat on the property to prevent the owner from disposing the property under this option.
2. Pay the full rate of premium for the lease extension.The owner can then dispose the property immediately after obtaining the new title. Currently Selangor is giving a 30% rebate on the rate of pre-mium under this option.
Under Option 1, after the new title has been issued, the owner would not be able to enjoy the rebate stated in Option 2 should he/she later decide to sell the property on the open market, and would then have to pay the the full rate of premium.
Calculate the premiumIf you wish to renew your lease for a residential property in Selangor, the formula for the calculation of the rate of premium is as follows:
Premium = (1/4) x (1/100) x (market value of land in sqft) x (number of years to renew) x (land area in sqft)
Example: For a 3,000sqft residential property in Petaling Jaya with 10 years remaining on the lease, assuming it is valued at RM120 per sqft by the authorities, the lease renewal fee calculation is (0.25) x (0.01) x (120) x (89) x (3,000) = RM80,100. After deducting the 30% rebate, the fee payable would be RM 56,070.
Leases are usually renewed so that there are 99 years of lease on the title. Therefore, if you have 10 years remaining on your lease, you need only pay for an extension of 89 years. The calculation of the rate of premium is on the land itself and does not include the building erected on the land. Also, whether you go for Option 1 or 2, you need to pay a further RM500 as contribution to the state's cemetery trust fund, the Tabung Amanah Perkuburan. The fund is for the state government to buy land for cemeteries.
What to doThe state department involved is Pentadbiran Tanah Daerah Petaling. Among other things, the applicant (who is also the owner of the property) has to:
1. Fill up Borang 12A Permohonan Untuk Menyerahkan Balik Tanah (mengenai kesemua tanah itu) (application to surrender and re-alienate land to extend lease duration).
2. Fill up Borang Perihal Tanah dan Peribadi Pemohon.
3. Fill up Jadual 1 (Peraturan 2) Kanun Tanah Negara Perintah Tanah Kerajaan.
4. Fill up Butir-Butir Permohonan Tanah Oleh Individu.
5. Provide the original title of the property.
6. Provide copies of your quit rent and assessments receipts for the current year.
7. Provide a copy of IC/MyKad. The whole process for the new title to be issued may take approximately two years from the time of submission of the application.
Christopher Chan (christopherchan@hartamas.com) is a registered real estate agent and an associate director of Hartamas Real Estate (Malaysia) Sdn Bhd.