Rights of strata housing purchasers during delivery of vacant possession: an overview

Wan Mahmood, Wan Nurul Hayyu and M Suaree, Nur Atheefa Sufeena and Syed Abdul Kader, Sharifah Zubaidah and Mohamed Osman, Mariana (2025) Rights of strata housing purchasers during delivery of vacant possession: an overview. Planning Malaysia: Journal of the Malaysian Institute of Planners, 23 (4). pp. 873-888. ISSN 1675-6215 E-ISSN 0128-0945

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Abstract

The delivery of vacant possession (VP) in a strata housing scheme marks a pivotal stage in the transfer of ownership and use of property. In Malaysia, this process is governed by a series of housing and land-related statutes aimed at safeguarding purchasers’ rights. This paper provides an enhanced legal overview of the rights of strata housing purchasers during the delivery of VP, integrating the historical evolution of Malaysia’s strata property framework and analyzing relevant statutes, including the Housing Development (Control and Licensing) Act 1966 (Act 118), the Strata Titles Act 1985 (Act 318), and the National Land Code (Act 828). The paper critically evaluates the legal protections and identifies persistent challenges in areas such as encumbrances, utilities readiness, strata title issuance, defect liability, and the completion of common property. By tracing the development of Malaysia’s strata legislation and case law, this article calls for targeted reforms to improve enforcement, regulatory coordination, and consumer awareness

Item Type:	Article (Journal)
Uncontrolled Keywords:	Strata Housing, Vacant Possession, Purchasers’ Rights, Housing Law, Malaysia, Consumer Protection
Subjects:	K Law > K Law (General) K Law > K720 Property Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Kulliyyah of Architecture and Environmental Design > Department of Urban & Regional Planning
Depositing User:	Prof. Dr. Sharifah Zubaidah Syed Abdul Kader
Date Deposited:	05 Dec 2025 11:16
Last Modified:	05 Dec 2025 11:16
Queue Number:	2025-12-Q486
URI:	http://irep.iium.edu.my/id/eprint/125108

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