How to Buy Property in Malaysia: A Step-by-Step Guide

Malaysia, known for its stunning skyscrapers and contrasting natural landscapes, is becoming an increasingly attractive destination for property investments by locals and foreigners alike. With its robust economy and vibrant culture, the property market has seen significant growth over recent years, drawing international attention and investment.

The journey of purchasing property in Malaysia has evolved considerably since the country’s independence in 1957. Initially, the market was relatively closed, with ownership largely restricted to Malaysian citizens. However, with economic development and legal reforms, the country has opened its doors to foreign investors, introducing measures like the Malaysia My Second Home (MM2H) program. This shift has positioned Malaysia as a competitive player in the Southeast Asian real estate market, with its capital, Kuala Lumpur, often the focal point for investors due to its cosmopolitan appeal and comparatively affordable luxury properties.

A compelling statistic that underscores the appeal of the Malaysian property market is the steady increase in residential property transactions over the years. According to the Valuation and Property Services Department, the total property transactions in Malaysia were valued at over RM139 billion in recent times, indicating a flourishing and dynamic market. This buoyant environment reflects the country’s economic stability and the government’s commitment to maintaining an investor-friendly atmosphere.

For those interested in purchasing property in Malaysia, the process involves several key steps. Initially, buyers must conduct thorough research to identify the type of property that suits their needs and budget. They must then engage the services of a credible real estate agent who is registered with the Board of Valuers, Appraisers, and Estate Agents Malaysia. This ensures that all transactions are conducted professionally and ethically. Once a property is selected, a Letter of Offer or Intent to Purchase is typically issued, and a nominal booking fee is paid to secure the property.

Next, the buyer enters the legal phase, engaging a lawyer to prepare the Sale and Purchase Agreement (SPA), which must be signed within 14 days from the date of the Letter of Offer. At this stage, a down payment is usually required, traditionally 10% of the property’s purchase price. Following this, the buyer will need to apply for a mortgage if financing is required. In Malaysia, foreigners can usually finance up to 70% of the property value, depending on the policies of individual banks.

Subsequently, the buyer’s solicitor will perform the necessary checks on the property to ensure there are no outstanding debts, burdens or caveats on the property. The completion period of the transaction and transfer of title can vary, typically taking about three months. Throughout this period, it is crucial to keep in constant communication with your solicitor and real estate agent to ensure the process runs smoothly.

Financing the purchase typically includes obtaining a loan from a bank. One needs to consider the interest rates, loan tenure, and the property’s eligibility for bank financing. For foreign buyers, it’s essential to note that Malaysia’s central bank, Bank Negara, regulates the financing guidelines for property purchases; hence, loan options may differ from those for Malaysian citizens.

Before the transaction can be finalized, the buyer should also be aware of the various fees and taxes associated with purchasing property in Malaysia. These include stamp duty, legal fees, real property gains tax, and possibly other miscellaneous costs. Planning for these expenses in advance ensures that the buying process is not hampered by unexpected financial burdens.

Upon successful completion of the property purchase, the final step involves the transfer of the property’s title and the handing over of keys. It’s a moment of achievement for the buyer, who can now take possession of the property, whether it be for personal use, rental investment, or any other intended purpose. This stage also marks the beginning of property ownership duties, such as maintenance, complying with local regulations, and, if applicable, managing tenant relationships.

Understand the Legal Restrictions for Foreign Buyers

Before you can buy property in Malaysia, it’s essential to understand the legal stipulations. Malaysia has certain restrictions on foreign ownership of property, particularly when it comes to the minimum purchase price. This threshold varies by state. For example, in Kuala Lumpur, the minimum price is set at RM 1 million for foreigners. Additionally, foreigners are typically not allowed to buy Malay Reserved land or properties allocated for Bumiputera interests. It’s crucial to consult with a local real estate lawyer to get the most current regulations and restrictions.

Choose the Right Location

Location is key when purchasing property, and Malaysia offers diverse options ranging from bustling cityscapes to serene beachfronts. Urban areas like Kuala Lumpur, Penang, and Johor Bahru are popular among investors and expats for their amenities and infrastructure. On the other hand, areas like Langkawi and Sabah are sought after for their natural beauty and tourism potential. Consider factors like accessibility, proximity to schools, hospitals, and your workplace when choosing the right location for your property purchase.

Research and Select a Type of Property

Malaysia offers a variety of property types to suit different needs and preferences. Options include high-rise condominiums, terrace houses, bungalows, semi-detached houses, townhouses, and commercial properties. Each has its advantages and considerations, such as maintenance fees for condos or land size for bungalows. Your choice should align with your lifestyle, budget, and investment strategy. New developments might offer modern amenities, while secondary market properties could come with a lower price tag but potentially require renovations.

Secure Financing and Understand the Costs Involved

For foreign buyers looking to finance their property purchase, it’s important to engage with Malaysian banks to understand the loan processes and requirements. Typically, non-Malaysians may get financing of up to 70-80% of the property value. You should also be prepared for additional costs like stamp duties, legal fees, agent’s fees, and property valuation fees. These can add a significant amount to the overall cost of buying a property in Malaysia.

Find a Reliable Property Agent

Working with a reputable property agent can streamline your search for the ideal property. Look for agents who are registered with the Board of Valuers, Appraisers, and Estate Agents Malaysia. They can provide invaluable assistance in terms of local knowledge, negotiation, and navigating through the complexities of the Malaysian property market.

Perform Due Diligence

Once you have found a property that meets your criteria, it’s important to conduct due diligence. Ensure the title is clean and there are no outstanding debts on the property. Verify the credentials of the developer if it’s a new development and check the property’s condition if it’s a secondary purchase. A thorough inspection should be conducted to uncover any potential issues with the property.

Make an Offer and Sign the Sales and Purchase Agreement

If you decide to proceed with the purchase, the next step is to make an offer. Once the price is negotiated and accepted, a Sales and Purchase Agreement (SPA) will be prepared by a lawyer. The SPA outlines the terms and conditions of the sale, including payment schedules. A down payment, typically 10% of the purchase price, is required upon signing the SPA. Bear in mind that there is usually a period for the buyer to procure financing, and there are penalties for late payments.

Navigating the Transfer of Ownership and Registration

After the SPA is signed and the payments are made according to the agreed schedule, the property will need to be officially transferred to your name. This involves several steps, including paying stamp duty and submitting documents to the Land Office for the transfer of ownership to be recorded. Upon completion of these steps, you will receive the keys to the property and can officially call it your own.

According to the National Property Information Centre (NAPIC), Malaysia saw a year-on-year increase of 0.7% in the volume of property transactions in Q1 2020, indicating a consistent interest in the real estate market. Whether you’re looking to live in Malaysia or seeking investment opportunities, understanding the steps and legalities to buy property in Malaysia is critical for a smooth transaction.