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How to buy a new launch property in Malaysia

Facts checked 22 October 2026 · 15 sources

Buying a new launch means buying straight from a developer, usually before the project is built. The law gives you strong protections: a standard sale and purchase agreement (SPA) the developer cannot rewrite, payments tied to construction progress, compensation for late delivery and two years of free defect repairs.

This guide covers the developer rules in Peninsular Malaysia, which fall under the Housing Development (Control and Licensing) Act 1966. Sabah and Sarawak have their own housing laws.

Downpayment
10% on signing the SPA
Handover deadline
24 months landed, 36 months strata
Late delivery compensation
10% a year of the price
Free defect repairs
24 months from handover
Tribunal claims
Up to RM50,000
First-home stamp duty
Exempt up to RM500,000 (SPAs to 31 Dec 2027)
On this page
  1. Check the developer and project on TEDUH
  2. Booking the unit
  3. Sign the SPA and pay the 10% downpayment
  4. Arrange your loan
  5. Progressive payments during construction
  6. Vacant possession and late delivery
  7. Defects, maintenance and strata title
  8. Costs on top of the price
  9. If something goes wrong
  10. Questions people ask

1.Check the developer and project on TEDUH

Before you pay anything, look the project up on TEDUH, the Housing Ministry’s portal and app. It shows whether the developer’s licence and the project’s advertising and sales permit (APDL) are valid, how far construction has progressed, whether the project is classed as late, sick or abandoned, any extensions of time granted, and the approved selling prices.

As of 30 June 2026 there were 100 abandoned and 303 sick private housing projects in Peninsular Malaysia, so this check matters.

  • Make sure the permit covers the exact phase you are buying.
  • Compare the developer’s past projects: were they delivered on time?
  • Check the price you are quoted against the approved price.

2.Booking the unit

Many developers ask for a “booking fee” to reserve a unit. The Housing Development Regulations do not allow anyone to collect payment other than what the SPA sets out, and the SPA makes the first 10% payable on signing. In practice booking fees are still common, and enforcement is rare.

If you do pay one, pay the developer directly (never an agent’s personal account) and keep the receipt. The Federal Court has held that the late-delivery clock runs from the date you paid the booking fee, not the SPA date.

3.Sign the SPA and pay the 10% downpayment

Developers must use the statutory SPA forms: Schedule G for landed homes and Schedule H for strata (condos, apartments and serviced residences). Build-then-sell projects use Schedules I and J. Key terms such as the delivery period and late-delivery compensation can’t be changed in the developer’s favour.

You pay 10% of the price when you sign. Read the SPA, not just the brochure: only what is in the SPA is enforceable. Check the unit specifications, the common facilities, the delivery date and the Housing Development Account number your payments must go to.

4.Arrange your loan

Apply for financing before or right after signing, so the loan agreement is ready before the first progress bill. If the developer gives a rebate, the bank finances a share of the net price after the rebate, not the advertised price.

During construction the bank releases the loan in stages as the developer bills. Banks usually charge interest only on the amount released so far, and full instalments usually start once the loan is fully released or the property is handed over.

5.Progressive payments during construction

For sell-then-build projects you pay in stages as the building goes up. Each bill is due within 30 days of the developer’s notice, and late payment carries interest of 10% a year.

All your payments go into the project’s Housing Development Account. The law ring-fences this money: it isn’t the developer’s property if the developer is wound up.

Schedules G and H as summarised by industry and law-firm sources; your SPA has the binding schedule. The 5% retention is released in two halves, 8 and 24 months after handover.
Stage% of price
Signing the SPA10%
Foundation10%
Structural framework15%
Walls with door and window frames10%
Roofing, wiring, plumbing, gas and telecom10%
Internal and external finishes10%
Sewerage5%
Drains2.5%
Roads2.5%
Vacant possession (water and electricity ready)17.5%
Title delivered2.5%
Held by the developer’s lawyer, released after handover5%

6.Vacant possession and late delivery

The developer must hand over within 24 months for landed homes and 36 months for strata homes. Handover needs a Certificate of Completion and Compliance (CCC) and working water and electricity.

If the developer is late, you are entitled to liquidated ascertained damages (LAD) of 10% of the price a year, calculated daily until handover. Check TEDUH for any extension of time granted for your project.

7.Defects, maintenance and strata title

After handover you have 24 months to report defects, and the developer must fix them at its cost. Report in writing, with photos, and keep copies.

For strata homes, you pay maintenance charges and a sinking fund (at least 10% of the maintenance charge) from handover. The developer runs the building at first, then calls the first meeting that forms the Joint Management Body. The last 2.5% payment is tied to delivering your title.

8.Costs on top of the price

Stamp duty is charged on the transfer (memorandum of transfer) and on the loan agreement. Malaysian citizens buying their first home at RM500,000 or below pay no stamp duty on either, for SPAs signed up to 31 December 2027. Budget 2027 proposes extending this to 2030 with a partial exemption up to RM750,000; that becomes law only when the Finance Bill passes.

Lawyers’ fees follow the Solicitors’ Remuneration Order 2023: 1.25% of the first RM500,000 and 1% of the next RM7 million, for the SPA and again for the loan. Unlike subsales, the scale for developer sales can’t be discounted. Some developers offer “free legal fees” as a promotion, but you can still appoint your own lawyer.

Stamp Act 1949, First Schedule item 32, charged on the higher of price or market value (LHDN guideline, 30 Jun 2026). Loan agreement: 0.5% of the loan. Example without exemption: RM500,000 home with a RM450,000 loan = RM9,000 + RM2,250 = RM11,250.
Property price bandStamp duty on transfer
First RM100,0001%
RM100,001 to RM500,0002%
RM500,001 to RM1,000,0003%
Above RM1,000,0004%
Foreign buyers of residential property (non-citizen, non-PR)8% flat on the whole price (from 1 Jan 2026)

9.If something goes wrong

The Tribunal for Homebuyer Claims hears claims against developers up to RM50,000, such as unpaid LAD or defect repair costs. You file within 12 months of the CCC, the end of the defect period or the SPA’s termination, and the filing fee is RM10. No lawyer is needed.

If work stops for six months or more, the law lets you end the SPA and get your money back, with your bank’s consent and the Controller of Housing’s certification. Build-then-sell projects (10% on signing, 90% on completion) avoid most of this risk, but they aren’t compulsory and are less common.

Questions people ask

Is a booking fee legal for new launch property?

The Housing Development Regulations don’t allow payments other than those in the SPA, which makes 10% payable on signing. Booking fees are still widely collected. If you pay one, pay the developer directly and keep the receipt: the late-delivery clock runs from that date.

How long does a developer have to hand over a new property?

Under the standard SPA: 24 months for landed homes and 36 months for strata homes. If it’s late, you can claim LAD of 10% of the price a year, calculated daily.

How long is the defect liability period?

24 months from vacant possession. The developer must repair defects you report in writing during this period at its own cost.

Do I pay stamp duty on a new launch?

Yes, on the transfer and the loan agreement, unless you qualify for the first-home exemption: Malaysian citizens buying their first home at RM500,000 or below pay none, for SPAs signed up to 31 December 2027.

What is the difference between sell-then-build and build-then-sell?

Sell-then-build is the usual model: you pay in stages as construction progresses. Build-then-sell (10:90) means you pay 10% on signing and 90% once the property is complete, which protects you if the project stalls.

How much can I claim at the Tribunal for Homebuyer Claims?

Up to RM50,000 per claim, for a RM10 filing fee, within 12 months of the CCC, the end of the defect period or termination of the SPA.

Sources

  1. Housing Development (Control and Licensing) Act 1966 (Act 118): ss 7A, 8A, 11, 16M–16Y (text as at 2 Mar 2016)
  2. Housing Development Regulations 1989, reg 11 (HBA copy) (2007 text; amended by P.U.(A) 106/2015)
  3. KPKT: check TEDUH before you buy (Bernama) (7 Sep 2026)
  4. Abandoned and sick projects, parliamentary reply (Bernama) (29 Jul 2026)
  5. Tribunal for Homebuyer Claims (KPKT) (updated 13 Aug 2025)
  6. TTPR filing checklist (KPKT) (Oct 2024)
  7. LHDN guideline on stamp duty under the First Schedule, Stamp Act 1949 (incl. item 32(ab) foreign residential rate) (30 Jun 2026)
  8. Stamp Act 1949 (LHDN reprint), First Schedule items 27 and 32 (as at 1 Jan 2024)
  9. Budget 2027 tax measures: first-home stamp duty (Bernama) (9 Oct 2026)
  10. Progressive billing under Schedules G and H (MHub handbook, industry source) (reviewed Aug 2026)
  11. LAD and vacant possession periods (Thomas Philip, law firm) (undated)
  12. Defect liability period (EdgeProp guide) (accessed Oct 2026)
  13. Booking fees and the 2015 amendment (EdgeProp, HBA) (14 May 2026)
  14. Solicitors’ Remuneration Order 2023 (Bar Council circular 185/2023) (13 Jul 2023)
  15. Strata Management Act 2013 overview (Low & Partners, law firm) (accessed Oct 2026)

General information, not legal or financial advice. Rules and rates change; confirm with your lawyer, bank or the relevant authority before you commit.

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