KUALA LUMPUR (Feb 11) — The Malaysian Bar has clarified that the Housing Integrated Management System (HIMS), introduced by the Ministry of Housing and Local Government, is intended to facilitate administrative procedures and does not replace the legal processes involved in property purchases.
Malaysian Bar president Mohamad Ezri Abdul Wahab explained that HIMS primarily functions as a digital platform for eligibility screening, balloting, and allocation of housing units. The organisation supports the government’s move toward digitalisation, noting that systems like HIMS can enhance transparency, improve administrative efficiency, and strengthen record management, particularly in the allocation and monitoring of affordable housing.
However, he emphasised that once a buyer has been offered a unit, the transaction moves beyond administration into a legal and financial framework governed by established laws. These include the Housing Development (Control and Licensing) Act 1966, statutory sale and purchase agreements, the National Land Code, and other related regulations that define the rights and responsibilities of both purchasers and developers.
The Malaysian Bar expressed concern that the legal aspects of property transactions have not been sufficiently highlighted in the system’s design or public messaging. Historically, housing buyers have been regarded as a vulnerable group, which led to safeguards such as mandatory sale and purchase agreements, defect liability periods, liquidated damages provisions, and access to the Tribunal for Homebuyer Claims.
Without clearer communication, the Bar warned, buyers may mistakenly view purchasing property as purely procedural, potentially exposing themselves to legal disputes, financial losses, or unenforced contractual rights. It also reminded the public that under the Legal Profession Act 1976, only qualified advocates and solicitors are authorised to provide legal advice on property matters.
To address these concerns, the Malaysian Bar has suggested that HIMS incorporate advisory notices reminding purchasers to seek professional legal guidance once they enter the contractual stage. It also encouraged the government to involve legal practitioners more closely in future digitalisation initiatives related to housing.
While HIMS is largely focused on residential housing, the broader property market—including commercial property in KL, office space in Bukit Jalil, and investment segments such as industrial land in Selangor, factories in Puchong, and industrial property in the Subang area—also relies heavily on proper legal documentation and due diligence. As Malaysia’s real estate sector continues to modernise through digital platforms and regulatory reforms, professional legal oversight remains a critical component of secure and transparent property transactions.
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