ADVISORY: Bill of Rights for house buyers

RIGHT TIME: To enlighten all on house buyers’ rights, the National House Buyers Association (HBA) has come up with a memorandum on House Buyers’ Bill of Rights

HOUSE BUYERS’ BILL OF RIGHTS

We, house buyers in Malaysia: Noting that the Human Rights Commission of Malaysia (SUHAKAM) guided by Article 25(1) of the Universal Declaration of Human Rights (UDHR) and its belief that the right to live a dignified life cannot be achieved unless all basic necessities of life are adequately and equitably available to everyone.

Noting that human rights pertaining to basic necessities of life include the right to work, food, clothing, housing and healthcare.

Recognising that these rights form part of basic economic, social and cultural rights of every human being.

Observing that consumers buying a new house from developers have equal human rights for the protection of their new house.

Observing that developers owe a social and ethical responsibility to consumers to build houses which are of good workmanship and that is fit for occupation, dwelling and use.

We, house buyers in Malaysia now declare and resolve that:

l We have the right to safe and sound quality construction;

l We have the right to expect that our new home and/or any home improvements are built in compliance with all existing municipal, local, state and federal building statutes, rules and regulations;

l We have the right to expect that only quality, performance-proven building products are used in our homes and that all such products are installed in accordance with manufacturers’ specifications,
guaranties and warranties;l We have the right to expect that the purchased house is structurally sound and that all mechanical systems and structural components in the house will perform properly;

l We have the right to receive and have access to, in a timely manner prior to signing a Sales And Purchase Agreement complete and accurate information regarding the sale and purchase agreement, warranties, disclosures of agencies, contour maps, mechanical and engineering drawings, expert reports on but not limited to soil tests and treatments to soil, treatments against termites infestation, Layout Plans, Building Approvals and any relationship and/or partnership that the developer’s real estate broker and/or builder may have with all agencies involved with the home building and/or home buying process. This includes inter-alia: architects, engineers, lawyers, surveyors, financiers, sub-contractors, insurance companies, manufacturers, realtors, home warranty companies, termite and pest control specialists and soil test experts;

l We have the right to access records, both public and private, regarding performance and complaints pertaining to developers, builders, sub-contractors, financial institutions, manufacturers and any other entity associated with the home building and/or home buying process;

l We have the right to full disclosures in regards to surrounding new housing developments
and planning;

l We have the right to peace of mind concerning the safety of our families staying in our new houses;

l We shall have the Housing Development (Control & Licensing) Act, 1966, Building & Common Property (Maintenance and Management) Act, 2007, Strata Titles Act, 1985, & Uniform Building By-Laws’s (and all updated versions thereof) protection and the assurance of close monitoring, policing and enforcement of the Acts by the Ministry of Housing & Local Government, Ministry of Environment and Natural Resources and their appointed officers;

l That developers, contractors and/or their appointed agents not only have the contractual obligation, but a moral and ethical responsibility towards house buyers and to build houses in a good workmanlike manner that are fit for occupation and use;

l The developer and its officers and directors who fail to perform their duties or use intimidation tactics or coercion shall be guilty of offences;

l That any party guilty of offences or wrongdoing against house buyers will be prosecuted diligently and in a timely manner without fear or favour, from the enforcement authorities in all levels of Government;

l We shall not be subject to the risk of delayed, stalled or abandoned housing projects;

l We shall be protected against the developer’s business and credit risk and a special purpose vehicle (SPV) shall be established for this purpose;

l We shall be exempted from paying bank interest on the progressive instalments if the developer defaults in its duties and the housing project is stalled or abandoned.

l We shall not be deprived of the enjoyment of individual title to our property as well as enjoyment of the basic amenities complete with infrastructure;

l The Land authorities shall have the duty and power to seize any of the developer’s assets including but not limited to the development land to promote the revitalisation of the stalled or abandoned
housing project.

l All government bodies associated with the home building process shall promptly enforce any Act, By-Law, Regulation or such other legal provisions to ensure effective protection for us and our new houses.

NATIONAL HOUSE BUYERS ASSOCIATION [HBA]

No. 31, Level 3, Jalan Barat,
Off Jalan Imbi, 55100, Kuala Lumpur
Tel: 03-2142 2225 | 012- 334 5676
Fax: 03-22601803
Email: info@hba.org.my
Web Site: www.hba.org.my

 

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