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Johor PTG Circular 02 Year 2014
Johor PTG Circular 02 Year 2014
Disclaimer: This translation is only as a general reference. This translation is based on the Malay Version of Circular issued by Johor
Land Office. In the event of any conflict or discrepancy between the provisions of this translation and the Malay Version of Circular, then
unless otherwise expressly provided in writing, the provisions of the Malay Version of Circular shall prevail. Halim Hong & Quek
does not bear any legal responsibilities and obligations arising from the causes of this translation.
1.
Purpose
The purpose of this secular is to convey/deliver the results/decisions passed during the Housing
Task Force Meeting Johor held on July 25, 2013 and the Johor Government Council Meeting held
on 4 November 2013 as per Ringkasan Mesyuarat Bil. Perkara-Perkara Lain i.e Kertas J/HB(T):
2067(A)/B/2013.
2.
Definition
For the purpose of this circular, foreign interests are referring to people who are not Malaysian
citizens and foreign companies as defined under Section 433A of the National Land Code 1965 and
Section 4 of the Companies Act 1965.
3.
Background
Under Section 433B of the National Land Code 1965, foreigner and foreign company are allowed to
own land in this State with the approval of the State Authorities. Johor State Government has
allowed the acquisition of property by foreign interest in the state of Johor and the said decision has
been circulated and communicated through:
i.
Johor PTG Newsletter dated December 15, 2004 effective on May 1, 2005.
ii.
iii.
The policies are consistent with the results/decisions passed during the State Government of Johor
Meeting and the orders issued by the Economic Planning Unit (EPU) of the Prime Minister
Department. The policies have been reviewed in accordance with the current needs of the
development in order to maintain the stability of the property market growth in the state of Johor and
at the same time retaining foreign direct investment to the State.
4.
Effective date
The effective date of this new policy (on the acquisition of the property by foreign interest in the state
of Johor) is 01/05/2014, and shall remain in effect until new ruling overcome it.
5.
Guidelines on the acquisition of the property by foreign interest in the state of Johor
The guidelines that will be effective from 01 May 2014 are as below:
5.1
Applications that require the approval of the Economic Planning Unit (EPU) and the Prime
Minister Department
5.1.1
All acquisition of property, except for residential units, require approval of the Economic Planning
Unit of the Prime Ministers Department are as follow:
a.
b.
indirect acquisition of property by non Bumiputera interest through acquisition of shares that
resulted in a change of company control in the interest of Bumiputera and / or Government
agency wherein the property represents more than 50 percent of total Company assets and
the value is in excess of RM20 million.
5.1.2
All acquisition of property by foreign interest who do not require the approval of the Economic
Planning Unit, the Prime Minister Department but under the jurisdiction of the Ministry and / or
related Government Departments are as below:
a.
b.
acquisition by lease for agricultural land valued one million (RM1,000,000.00) and above or
area measuring at least 15 acres, whichever is higher for the following purposes:
i.
ii.
iii.
Carry out agricultural activities or industries (based on agricultural) for the production of
goods for export.
c.
d.
Acquisition of all types of new residential or sub sales valued at RM1,000,000.00 and above;
e.
Transfer of property to foreigner based on love and affection is allowed among close relatives
only
(Close relatives means individual having marital relations (husband / wife) or with blood relations
(grandparents, parents, siblings and children, including stepchildren and adopted children verified by
the National Registration Department)
5.1.3
a.
Condition on equity
A company has ownership of at least 30 % of Bumiputera interest.
b.
c.
For indirect acquisition of property, condition on equity and paid-up capital imposed by the
Economic Planning Unit, Prime Minister Department must be complied with within one (1)
year from a written approval is issued out.
Compliance on the equity and paid-up capital conditions shall be reported to the Economic Planning
Unit, Prime Minister Department.
5.2
5.2.1
5.2.2
5.2.3
Calculation method to determine the number of units that can be sold to the foreign interest in a
housing project is maintained i.e the quota is calculated based on the balance/remaining units
after deducting Bumiputera units/Lots, and not based on the total units in the housing project.
5.3
5.3.1
Payment on application to acquire property by foreign interest is RM1,000.00 per title. For an
application that has been rejected by the State Authorities and the applicant wants to file an appeal,
the appeal application fee is RM2,000.00 per title. Appeals can be submitted to the Chief Minister of
Johor in Johor Chief Ministers office of Level 4 , Bangunan Dato Jaafar Muhammad, Kota Iskandar,
79502 Nusajaya, Johor.
5.3.2
Payment on the approval of acquisition of property by foreign interest for each title is as follows:
a.
For acquisition through sale and purchase agreement, payment approval is 2% of the
purchase price mentioned in the sale and purchase agreement duly stamped completely in
accordance with the provisions of the Stamp Act 1949, or RM20,000.00 whichever is higher. If
the approval payment is calculated to be a fraction of one ringgit, the said fraction shall be
rounded to one ringgit.
b.
For acquisition through lease, payment approval is 2% of the lease amount mentioned in
lease agreement duly stamped completely in accordance with the provisions of the Stamp Act
1949, or RM20,000.00 whichever is higher. If the approval payment is calculated to be a
fraction of one ringgit, the said fraction shall be rounded to one ringgit.
5.3.3
Payment approval on acquisition of property by foreign interest shall be paid within 30 days from the
approval. For an extension of time on the payment after the expiration of 30 days, the sum of
RM1,000.00 for each title will be imposed.
5.3.4
For an application to extend the validity of the approval, the said application shall be made before
the expiry of the approval letter with the payment of RM1,000.00 be imposed on each title of
which the validity period of the approval shall be extended to another one (1) year.
5.3.5
The power to approve application on acquisition of property by foreign interest remain vested to
Director and Deputy Director of Johor Land and Mines provided that the maximum acquisition
value is RM10 million and the property (ies) is residential property (ies), commercial property (ies)
and agricultural lease. The power to approve application on acquisition of property by foreign
interest valued at more than RM10 miliion, vacant lands for future development including the
development has been approved by the State authority is vested to YAB Chief Minister of Johor.
5.4
high impact. The maximum period for foreign interest to lease agriculture land is not more than thirty
(30) years.
5.5
5.5.1
Types of properties that can be acquired by any foreign interest through subsales as per Appendix B.
5.5.2
Foreign interest is allowed to acquire property in subsales from existing property owned by foreign
interest.
5.5.3
For application to acquire property owned by Malaysians and local companies by foreign interest
through subsales, the said application will be considered from case to case basis.
5.5.4
Value of the property for the purpose of approval of the acquisition through subsales is based on the
valuation carried out by Property Valuation and Services Department and not based on the sale and
purchase agreement document signed by the seller and the buyer.
5.6
5.6.1
Foreign interest may own property designated for Bumiputera (Bumiputera Lot Quota) in a housing
project after the said units obtained approval from Johor State Secretary office (Housing Division)
subject to the existing balance of the foreign interest quota.
5.6.2
Foreign interest also may own Bumiputera Lot duly registered in the name of Bumiputera in
subsales provided approval from the State authority is obtained of which the approval application is
submitted to office of State Land and Mines Director who shall consider the application from case to
case.
5.7
6.
6.1
Residential unit / shop under the category of low cost and medium low cost.
6.2
6.3
6.4
Property designated for Bumiputera in a housing development unless approval from State Secretary
Office or the State authority is obtained.
6.5
Property under Court auction / public auction (section 256-260 of the National Land Code)
6.6
6.7
6.8
6.9
7.
Application procedures
7.1
Foreign interest can submit the application on acquisition of property in person or through appointed
lawyer.
7.2
All applications must use the prescribed application form (Borang KA. 1/2005 - KA 6/2005) with
attached supporting documents as per check list in Appendix C.
7.3
For first time application from the Developer to sell the residential units in a housing / land
development, the check list as per Appendix D.
7.4
Presentation instrument of transfer (Form 14A of the National Land Code) for the purpose of
registration shall be made within 12 months from the date of approval and/or 12 months from the
date of registration of the Strata Title, whichever is applicable.
7.5
Foreign / Local Financial Institution financing the purchase of the relevant property may receive a
charge / the same property as collateral but the said financial institution may not capture the auction
should the same property be auctioned on the charge/collateral.
7.6
Approval granted cannot be transferred or conveyed to any other party in any way.
7.7
8.
8.1
Direct purchaser from a Developer. Developer is required to determine the reserved area and shall
have obtained consent from the State Authority.
8.2
8.2.1
8.2.2
8.2.3
8.2.4
8.2.5
8.2.6
8.3
Upon obtaining approval from the Immigration Department evidenced with Visa/Passport stamped
by MMSH, only then one will be considered eligible to acquire property under this Program.
8.4
8.5
Construction of development to be at least 50% completed and verified by Architect. In the case of
completed property Certificate of Fitness for Occupation (CFO) must be included.
10
REVOCATION OF CIRCULAR
With the coming into force of this circular from 01 May 2014, the Johor PTG Circular dated 15
December 2004, Johor PTG Circular Bil. 1/2009 and Johor PTG Circular Bil. 1/2010 is revoked.
11
FURTHER ENQUIRIES
Further enquiries may be submitted to officer at Foreign Interest Acquisition Unit (Unit Perolehan
Kepentingan Asing), Johors Director of Land and Mines Office (Pejabat Pengarah Tanah dan
Galian Johor):
Tel No. 07-266 6865 / 07-266 6802
Fax No. 07-266 1440
This circular may also be obtained at the official portal of Johor Land Administration (Pentadbiran Tanah
Johor) at the following address: www.ptj.johordt.gov.my