I was told by a SA, freehold doesn't need the consent from the government so selling a bumi unit to non-bumi shouldn't be any problem and we don't have to go thought the hassle, unlike leasehold.

is this true guys?

can we really sell bumi lot to non-bumi?

iinm yes you can, the only problem is having to go through the tedious process of awaiting/submitting/approval from the government, which sometimes take months to complete.

I booked a condo in mainland Pg, SA told me need to wait for 80% project completion before they appy to convert to non bumi. since it is new unit so when it is time, they would apply en block what ever not sold to non bumi, not foresee any problem according to SA, not many bumi like to buy condo yet in mainland Pg per SA

How about house built on tanah rezab melayu?

yes, market trend so far non-bumi quota sold out faster than bumi.

This I don't know. Sorry.

malay reserve land is mean for malay only, other race cannot touch one.

cant seek consent or appeal....

freehold bumi sell to non bumi no problem as long as it dont have sekatan kepentingan..that one u have to go thru many hassle to get it done...most freehold properties dont have sekatan kepentingan

This post has been edited by leftist: Sep 1 2016, 09:52 AM

IS this apply to Sabah?

it is the same everywhere within malaysia

Government has passed a legislation that each and every developer has to allocate a certain percentage (%) of their total development to BUMI only purchasers and they can only open for public sale after a certain condition has been met (eg. make reasonable efforts to promote the sale of such units and still unable to secure BUMI purchasers).

After proving to the relevant department that all endeavors to secure BUMI purchasers have been exhausted then an application needed to be submitted to obtain approval that such units are now free from the "conditions".

If the developer sells these BUMI units prior to the compliance of these conditions then a penalty will be levied on the developer which shouldn't be a big issue now but will be a dispute during the perfection of transfer because the land authority will not register the purchasers' interest until such penalty has been paid. Developers are known to drag these payments causing purchasers not being able to register themselves.

Freehold/Leasehold is a condition determined by the local land authority, BUMI allocation is determined by the Parliament. 2 different authorities and there is no saying who triumphs who eh?

Technically, your SA isn't lying but he isn't telling you the truth either. The developer assumed that by the time of the 80% completion, the "free BUMI lots" conditions would have been complied but hard to say.

Land laws regulating lands in the West and East of Malaysia is different, National Land Code for the earlier and Land Ordinance for the latter. There is a difference both.

doesnt matter freehold or leasehold. the important thing to look for is "RESTRICTION IN INTEREST / SEKATAN KEPENTINGAN" on the title.

if it doesnt have any sekatan AND it's not a TANAH RIZAB MELAYU then bumi to non bumi wont have any problem (because u dont need to apply any state consent so the land office cannot restrict u

laymen in malaysia basically equate freehold = no restriction and leasehold = got restriction.

it's totally 2 different thing. not saying you're wrong but it's the wrong mindset to have generally.

ya im aware of that..thats why i said MOST not all

Can I put it this way,
A non bumi can buy a bumi lot if the following conditions are met.
1) There is no "RESTRICTION IN INTEREST / SEKATAN KEPENTINGAN"
2) It is not a "TANAH RIZAB MELAYU"

Is this applicable to sub sales too?

This mainly applies to sub-sales.

If buy from developer, then developer has the right to reject as they have to meet certain quota if they dun wan to kena penalty.

The 2 conditions correct?

In short, in certain states like KL and Selangor, the bumi-ness does not cary over into the title.

So for a Bumi-lot purchaser in these states, they can sell to non-Bumi once the property has been subdivided into strata/individual titles.

This does not apply to states like NS and Johor however.

what about if leasehold. like this can?

1st owner (Non-BUMI) -> 2nd owner BUMI -> 3rd owner to be (NON-BUMI)..still can?