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 Inquiry about MOT &MOC (new strata titles 2016)

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hanhanhan
post Apr 23 2018, 01:04 PM

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you'll only need to pay the MOT & MOC charges only once the title is issued.

how long is the period is subjective.. usually between 2-4 years after VP (for cases prior to 2015/2016)

for newer projects should be faster.. within 1-2years after VP (or sometimes even upon VP) but this new scenario yet to encounter because it affects residential projects launched approx after 2016 (under the new HDA S&P).
hanhanhan
post Apr 23 2018, 02:23 PM

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if you use the same lawyer who did ur SPA, u will get 75% discount on lawyer fee for MOT & MOC

if use diff lawyer then is 50% discount.
hanhanhan
post Apr 23 2018, 05:31 PM

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its not hidden cost, it's just that property buyers are not properly informed on the total costs involved.

if launch in 2015 it's very likely it'll be under old HDA. so expect the title to be out maybe 2-3years after VP.

even if the title is out, by law you're supposed to transfer the title within 30 days the title is issued.

however in practice majority of owners will delay until they have enough cash on hand to do the transfer. There is penalty for delaying the MOT transfer but so far i've yet to encounter anyone kena before.
hanhanhan
post Apr 24 2018, 12:52 PM

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in practical sense, there are 80-90% purchasers delay this.

even if u delay more than 30 days.. or 1 year.. so far nobody kena penalty before.

so u can just chill and relax, spend ur money on furniture and reno first.. transfer title can come later (but dont wait too long later developer zaplap then u lagi jialat).
hanhanhan
post Apr 25 2018, 10:30 AM

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check clause 30(4).. does it mention "developer lawyer" and state the lawyer name there.

if it does, then it's under new HDA.

strata act and HDA is different thing.
hanhanhan
post Apr 25 2018, 03:36 PM

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HDA means "housing developers act"

All residential property under construction in malaysia will have to use a standard HDA contract fixed by government. Most common ones are Schedule H (for strata) and Schedule G (for landed).

Old HDA allows developer to build and sell first, then submit the strata plans to land office for subdivision later on. Contracts under the old HDA usually allow developer to 'give X amount of parking to a unit' but let u know the location upon VP. Another example would be allowing selected customers to purchase extra car parks for their unit. Reason being is that they can still do this as the strata plans need not be submitted so early.

New HDA forces developer to come up with a schedule of parcels and allocated share units (these are rather technical terms so i'll just refer it as strata plans) even before they can sell the unit. Means properties under new HDA they'll have to fix car park lots (means car park bay XXX is for unit XXX and cannot be changed) and finalized before they can start selling. Since contracts under new HDA forces developer to submit these strata plans at an early stage, it's logical that the strata title could be issued faster than contracts under old HDA (whereby they can submit those plans later on). Therefore contracts under new HDA will never have "switch car park", "exact car park lot will let u know later" or "buy extra car park" situations.

Although new HDA came into force in 2015, there are several exceptions that allow a developer to use old HDA for their projects (usually latest is until 2016/2017).
hanhanhan
post Jun 4 2019, 12:28 AM

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follow SPA date.

As your SPA date is in 2016, there are no discount/waivers for you, as if i'm not mistaken the maximum S&P price to be qualified for MOT discount is RM500k.

 

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