A Project by Jade Valley Development
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Thursday, 30 January 2014
Alyssa
A Project by TF Land
Macang Bubuk, Bukit Mertajam, Penang
Property Details
Type: 2 Storey Terrace
Type: 2 Storey Terrace
Tenure: Freehold
No. of types: 2
Land Area: 20 x 60 & 20 x 65 ft
Built-up: 20 x 40 ft & 20 x 45 ft
The Star
Sunday, 26 January 2014
EPU to issue new guidelines on RM1m price floor in March or April
KUALA LUMPUR: The Economic Planning Unit (EPU) is expected to issue new guidelines that will require foreigners to buy properties here that are priced at RM1 million or above in March or April this year, said National Housing Department deputy director-general Datuk Mohamad Yusoff Ghazali.
The revision to the Guideline On The Acquisition Of Properties will put into effect plans by the federal government to increase the minimum floor price of properties foreigners are allowed to buy from the current RM500,000 to RM1 million.
“The EPU will release the new guidelines as early as March or April this year,” Mohamad Yusoff told The Edge Financial Daily yesterday.
However, Mohamad Yusoff said the various state governments can still voice their objections to the new guidelines to the EPU.
He was commenting on news reports that Johor could opt out of a new ruling, announced last year by Prime Minister Datuk Seri Najib Abdul Razak in Budget 2014, that the minimum value of properties that foreigners can buy will double to RM1 million as a measure to address rising property prices.
When contacted by The Edge Financial Daily, Iskandar Regional Development Authority (IRDA), the federal government statutory body tasked with regulating Iskandar Malaysia in Johor, said it has not been informed by the Johor government about exempting projects approved by the authorities before May 1 this year from the minimum RM1 million purchase price ruling.
“This is a state matter, [but] we have not heard anything from the state [government] and we should not speculate,” said the IRDA spokesman, adding that IRDA will be informed if there are such plans.
However, real estate agents revealed that the state government may be mulling such plans to boost sales of Iskandar properties.
“The delay in implementing the new minimum price of RM1 million for foreign property buyers could be seen as unfriendly and may affect their confidence in their investments,” said Malaysia Institute of Estate Agents president Siva Shanker.
“Total foreign property purchases [in Malaysia] are estimated at about 4% to 7%, which is comparatively a small figure,” he added.
A real estate agent who declined to be named said most foreign buyers are now adopting a “wait and see” approach following the announcements by the government on the proposed new price limit.
Currently, Medini Iskandar is the only area in the US$30 billion (RM99.3 billion) Iskandar Malaysia in Johor that enjoys an exemption from the 30% real property gains tax, announced in October to cool soaring property prices.
Land is considered a state matter and states like Penang and Johor have come up with additional guidelines.
For instance, Penang has set the floor price for foreign buyers at RM2 million for residential landed properties and RM1 million for high-rise units on the island, and RM1 million and RM500,000 respectively for the mainland, where land is much cheaper.
Penang and Johor also currently charge foreign purchasers a RM10,000 state consent application fee. Penang will replace the charge with a 3% levy on the transacted price in the sale and purchase agreement signed on or after Feb 1, 2014, and Johor with a 2% levy beginning May this year.
This article first appeared in The Edge Financial Daily, on January 21, 2014.
Penang Times Square’s phase four set to start in 2015
KUALA LUMPUR: Ivory Properties Group Bhd expects phase four of the Penang Times Square (PTS) to commence work in the first half of 2015, said group chief executive officer Datuk Low Eng Hock.
He told The Edge Financial Daily via email that phase four of The Central is expected to be completed by 2019. The Small office Home office (SoHo) has a gross development value (GDV) for phase four of about RM480 million.
The construction of the project’s third phase called The Wave, started in mid 2013 and will be completed by end-2017.
The Wave, with 312 office suites in four different designs, has an estimated GDV of RM263 million. The units are spaciously spread over 27 floors and sits on 11 storeys of commercial components, complete with car parks and facilities. Currently, the take-up rate for phase three has reached 80%.
“Despite the take-up rate, we will retain the commercial podium for long-term recurring income purposes,” said Low.
Ivory Properties will have a roadshow in conjunction with the Chinese New Year celebration from Jan 30 to Feb 9 at Gurney Plaza Central Atrium from 10am to 10pm.
Low foresees the take-up rates for phase three and four will be good with the group’s upcoming roadshow.
“Most customers like to purchase or register their preferred units during Chinese New Year for it symbolises prosperity, particularly Penangites who have just returned from overseas.
“Secondly, we are confident with The Central and The Wave for their good location in the Central Business District (CBD) of Penang and with George Town gaining its popularity following its Unesco World Heritage Site status,” Low said.
In addition, the group will offer 10% discounts and 5% cash rebates for all its projects during the roadshow.
Ivory Properties started developing PTS in 2006, with phase one called Birch The Plaza in 2006 and phase two called Birch Regency in 2007. Phase one and two were completed in 2008 and 2011 respectively.
The group said it achieved 100% take-up rates for both phases.
Other projects to be featured in the roadshow are The Latitude, The Peak and The Latitude commercial lots, Island Resort Bungalow, City Residence and Tropicana Bay Residences.
Commenting on the outlook of the property market in Penang, Low remains optimistic despite new regulations imposed in the state.
“We are confident about the property market in Penang, especially on the Island. The 3% levy on foreign purchase will not significantly affect the Penang property market as transactions by foreigners only contribute a small percentage.
“We believe that buying activities will resume with strong demand, especially in the second half of 2014, and the draw of strategic locations on Penang Island such as the CBD area in George Town where prime land for development is scarce,” said Low. — by Zatil Husna Wan Fauzi
This article first appeared in The Edge Financial Daily, on January 24, 2014.
Damages for late delivery
“MY new house is ready and I can now collect my keys,” or so the house-buyer thinks. No more having to pay rent.
But his dreams come crashing down, however, when he is informed that although he may have gained vacant possession, he cannot not move into his house because the Certificate of Fitness for Occupation (CFO) is not ready.
Months later, he receives a copy of the CFO, and when he asks to be compensated for the delay, the developer says liquidated damages for late delivery (liquidated ascertained damages or LAD) is calculated up to the date of their notice for delivery of vacant possession and not up to the date of the CFO.
Who then is to compensate the house-buyer who has to service a housing loan for a house he or she is not allowed to occupy, and who, at the same time, pays for a rented place while waiting to move in?
This is a common scenario faced by house-buyers for years.
Is the house-buyer entitled to damages up to the date the CFO is issued? The answer is a definite yes, if the sale and purchase agreement (SPA) is in the format prescribed by the Housing Development (Control & Licensing) Act, 1966 – year 2007 amendments, according to a recent decision of the Tribunal for Home Buyer Claims, a.k.a. the Housing Tribunal.
Recently I was in the vicinity of the Housing Tribunal located in the Wellbeing, Housing and Local Government Ministry building, and decided to pay a visit before my next meeting in Putrajaya.
As I entered the hearing room, the ongoing case involved a claim for LAD. It was by no means a simple LAD case. The developer’s defence ran into several pages and touched on several legal technical issues. I am writing this article to share with the readers the LAD issue vis-a-vis the CFO as opposed to the certificate of completion and compliance (CCC).
Is LAD calculated up to date of CFO or CCC?
Having stressed that the delivery of vacant possession in a housing project entailed more than just developers issuing their notice for delivery of vacant possession, the tribunal president went on to explain that the SPA contained specific requirements for delivery of vacant possession, which must be complied with.
One of these requirements as provided by Clause 26(2) of the SPA is that delivery of vacant possession must be supported by a CCC. The LAD must, therefore, be calculated until the date of the CCC.
That was simple enough to understand. But what happens if a CFO is issued instead of a CCC?
In the past when houses were certified fit for occupation by way of the CFO, developers were not required to procure the CFO before handing over the houses to their buyers. Developers would deliver vacant possession before the CFO was issued and would not be liable for damages or any delays in the issuance of the CFO. House-buyers would collect their house keys but would not be allowed to move into their newly-completed houses simply because the CFO had not been issued yet.
In 2007, the statutory SPA was amended. Developers were now required to procure the CCC to deliver vacant possession so that house-buyers could move in as soon as they collected their keys. This mode was more meaningful to buyers. The CCC system to certify a house or apartment safe for occupation was intended to replace the CFO system. Unfortunately, there were many cases where building approvals were given before the 2007 amendment with the SPA being signed after the amendment. In such cases, some local authorities insist that developers must procure the CFO, and not the CCC, even though the SPA says otherwise.
So, we have a situation where the SPA says that the developers must produce the CCC, but developers are not able to do so because the local authorities insist on the developers applying for the CFO. This was what had happened in the case being heard by the Housing Tribunal.
The developers argued that damages should be calculated up to the date of their notice for delivery of vacant possession and not the date of the CFO. Clause 26(2) of the SPA was not applicable because the local authorities insisted on the developers getting the CFO instead of the CCC.
This means that the developers would have to bear damages amounting to more than 10% of the purchase price if damages were calculated up to the date of the CFO. This explains why developers are fighting tooth and nail to save themselves a lot of money; money which should rightfully be paid to the house-buyers.
The SPA, in this case, was in the form of Schedule H (for strata properties such as apartments) and Clause 26(2) says that “the delivery of vacant possession by the vendor shall be supported by a CCC certifying that the said building is safe and fit for occupation and includes the handing over of the keys of the parcel to the purchaser”.
“To my mind, the provisions of clause 26(2) can best be understood and dealt with by tracing the purpose for which such provisions were made,” said the tribunalpresident. (See Star Online for the tribunal president’s analysis).
The tribunal president said substantial amendments were made to the housing legislations in 2002 and 2007 to protect house-buyers. The certificate of compliance was introduced and the SPA was amended to make it mandatory for delivery of vacant possession to be supported by the CCC. Developers were required to ensure their houses and apartments were certified safe and fit for occupation before delivery of vacant possession, as in Clause 26(2).
The tribunal president said the clause must be read to mean the CFO in cases where a CFO is issued instead of a CCC.
Here is her reasoning:
“... the CCC system of certification is a system ... much like the CFO. The 2007 amendment was to address the cumulative problem of house-buyers not being allowed to occupy their houses upon collection of their keys.
“How that certification is done is not the main purpose for this Clause 26(2). The crux of the issue is not about the system of certification (be it CFO or CCC), but about the house being certified as safe and fit for occupation.
“... the statutory SPA (after the 2007 amendment) refers only to the CCC. No mention is made of the CFO. To say that the CCC cannot be equated with the CFO will mean that in cases where the local authorities require a CFO (as opposed to a CCC), vacant possession can never be delivered in accordance with the provisions of the SPA because no CCC will ever be issued.”
The tribunal president said this interpretation defeated the purpose of the 2007 amendments to the statutory SPA, and made a mockery of parliament and the housing legislations.
The tribunal awarded damages up to the date of the CFO to the house-buyer.
Thumbs up to the Housing Tribunal
The Housing Tribunal assists parties in the conduct of their cases, especially when they are not represented by lawyers, and where one party is superior to the other. “Independent” legal representation is rarely allowed at the Housing Tribunal.
I am pleased by the detailed reasoning given by the tribunal and was impressed by attempts made in trying to settle the matter and the informal, yet solemn, atmosphere surrounding the entire proceedings. As I left the Housing Tribunalsome two hours later, I could not help but feel rather uplifted by my experience.
As I write, I wonder if the decisions of the Housing Tribunal ought to be reported and made available for public consumption. I intend to make representations to the Wellbeing, Housing and Local Government Minister that decisions of the Housing Tribunal should be made available for public reading on their website so that the public would be able to comprehend and aim towards the empowerment of information so as to make an informed decision.
If the Financial Mediation Bureau (under Bank Negara, http://www.fmb.org.my/pc04.cb.htm) can have its case reviews published on their website, and Tribunal for Consumer Claim (http://ttpm.kpdnkk.gov.my) decisions made available, why not the Housing Tribunal?
How to identify the differences
Last but not least, how do you know whether your SPA is in the format prescribed by the year 2007 amendment? Easy. Look for the defect liability clause in your SPA. If the defect liability period is 24 months, then your SPA is post-2007. I learned that at the Housing Tribunal that day too!
Here is a record of the Tribunal President’s analysis, as provided by Mr Chang Kim Loong, honorary secretary-general of the National House Buyers Association (HBA).
“Before a house buyer can move into his/her new house it must be certified safe for occupation. This used to be done by the local authority issuing a CFO. For decades, developers were not required to obtain the CFO before delivery of vacant possession. Many house buyers were not allowed to occupy their newly purchased houses or apartments even though they were completed, fully paid for and handed over to them, simply because there was no CFO.
“Many developers, having collected the full purchase price and handed over vacant possession, were not the least bothered about the delay in the CFO. Such delay was through no fault whatsoever of the house buyers and completely beyond their control. Yet they were the ones to bear the burden of financing houses they could neither move into nor rent out.
"In 2002, substantial amendments were made to the housing legislations to give added protection to house buyers.
"One such amendment was to address the problem of vacant possession without CFO. Developers were required to secure the acceptance of Borang E (Application for CFO) by the local authority before delivery of vacant possession.
“According to the then Housing Minister, Borang E once accepted by the local authority was ‘ ... sort of as good as a CFO’ because once the Borang E was accepted the CFO should be issued by the relevant authority within 14 days. In the course of my presiding at the Tribunal I have indeed seen many CFO issued within 14 days of acceptance of Borang E by the relevant authority.
“Unfortunately, there remained many delayed cases in the issuance of CFO and the nightmare continued for many vulnerable and innocent house buyers. In the year 2007, Parliament again tried to address the grievances of house buyers. The CCC was introduced and the SPA was amended to make it mandatory for delivery of vacant possession to be supported by the CCC.
"So for the first time in the history of the housing industry, developers (through their appointed Architects and Engineers), were required to ensure their houses and apartments are certified safe and fit for occupation before deliver of vacant possession. This is clearly reflected in Clause 26(2).”
The Tribunal President then went on to say that the CCC referred to in Clause 26(2) must be read to mean the CFO in cases where a CFO was issued instead of a CCC. Here is her reasoning:
“First and foremost, one must bear in mind that the CCC system of certification is just a system or mechanism, very much like the CFO system, for certifying that a building is safe for occupation, thus, permitting the house owners to occupy their houses.
“One of the main reasons for the 2007 amendments was to address the cumulative problem of house buyers not being allowed to occupy their houses upon collection of their house keys.
“This is clearly reflected by the then Housing Minister’s statement in Parliament that 'Pindaan ini dan peraturan baru diharap akan dapat menyelesaikan masalah di mana pembeli berjaya memperolehi kunci tetapi tiada CFO.'
“It must be taken that the main purpose of Clause 26(2) is to ensure that the building in question is certified safe and fit for occupation when vacant possession is delivered so that house buyers can move into their houses. How that certification is done is not the main purpose of this Clause 26(2).
“The crux of the issue is not about the system of certification (be it CFO or CCC) but about the house being certified as safe and fit for occupation.
“Further, it must be noted that the statutory SPA (after the 2007 amendment) refers only to the CCC. No mention is made of the CFO. To say that the CCC cannot be equated with CFO will mean that in cases where the local authorities require a CFO (as opposed to a CCC) to be issued, vacant possession can never be delivered in accordance with the provisions of the SPA because no CCC will ever be issued.
"It will mean that in cases where the local authority requires a CFO (as opposed to the CCC) to be issued there is no provision at all under these SPAs requiring the developers to ensure that the houses or apartments sold to the house buyers are certified safe and fit for occupation. Such interpretation will not only defeat the purpose of the 2007 amendments to the statutory SPA but make a complete and utter mockery of Parliament and the housing legislations.
“Clause 26(2) must be interpreted as requiring vacant possession to be supported by a certificate certifying that the building/house/apartment in question is safe and fit for occupation. Whether this certification is done by the former CFO system or under the new CCC system of certification is secondary and does not affect the developers’ responsibility to deliver vacant possession only when the building is certified safe and fit for occupation.”
Chang Kim Loong is the honorary secretary-general of the National House Buyers Association (HBA): www.hba.org.my, a non-profit, non-governmental organisation manned purely by volunteers. He is also an NGO councillor at the Subang Jaya Municipal Council. - The Star
Saturday, 25 January 2014
Property sales likely to drop amid stringent loan conditions
GEORGE TOWN: Property transactions are likely to decline this year amid cautious sentiment and stringent housing loan regulations by financial institutions.
Real Estate and Housing Developers’ Association (Rehda) Penang chairman Datuk Jerry Chan said the property market was likely to register a decline in both sales and value.
The market is likely to see a 20% decline in value, he said after briefing reporters on the three-day Malaysia Property Exhibition 2014 to be held from Feb 2.
Organised by Rehda Penang and Henry Butcher Penang, properties ranging from RM370,000 will be on showcase for prospective buyers.
Chan said the central bank’s move to tighten consumer loans was likely to impact the property market, and that between 80% and 90% of prospective buyers depended on loans to purchase houses.
Besides, he said, buyers were also becoming more cautious this year, given the backdrop of the rising cost of living.
However, Chan said Malaysia’s property market was still bullish, as the segment was driven by low interest rates and economic growth.
He explained that 2014 would be a good year for buyers to purchase properties despite the uncertainties. “Developers would sell new products at new costs and land values amid rising construction and labour costs,” he added. – Bernama
UBB, Ideal Property plan RM1.5bil projects in Penang
GEORGE TOWN: United Bintang Bhd (UBB), an importer and exporter of used and reconditioned heavy machinery, will pursue property development plans in Penang under the direction of its new majority shareholder, Datuk Alex Ooi.
Ooi, who now owns 32% of UBB, is the executive chairman of UBB and chief executive officer of Ideal Property Group.
He said UBB would work with Ideal Property Group, a Penang-based developer with 12 years of experience in the business, to pursue some of these projects, as the latter owns about 80ha of landbank on the island, located largely in the south-west district.
“We are looking at building more condominium properties priced between RM500,000 and RM700,000 per unit.
“The plan for this year is for UBB and Ideal Property Group to jointly launch some RM1.5bil worth of such projects on the island in the second half of 2014,” he said.
UBB is also looking to tap into the growing tourism market in Penang, which has attracted some six million visitors since it was declared a Unesco World Heritage Site in 2008.
“We plan to take this opportunity to invest in the development of new tourist attractions in the coming years as part of our diversification strategies, which include building a theme park in Penang.
“To cater to the increasing number of tourists in Penang, we plan to build two new hotels in Bayan Baru,” he said.
Ooi said UBB saw more future benefits for its shareholders from the development of high-quality premium development projects.
“This initiative will consolidate, strengthen our current finances and transform UBB and Ideal Group into one of the top property developers in Penang.
“With new funds, we want to be more than just a property developer. Being a Penang home-grown developer, Ideal Property wants to create a legacy for Penang, not by encouraging the appreciation of asset values but build properties that promote great appreciation of life for the next generations to come with great emphasis on wellness,” Ooi added.
He added that UBB’s board of directors had already endorsed the change of UBB’s name to Ideal United Bintang Bhd (IUBB).
The name IUBB has been approved by the Companies Commission of Malaysiaand is now waiting for the shareholders’ approval at the forthcoming EGM.
Monday, 20 January 2014
Penang’s second bridge boosts land prices
GEORGE TOWN: Penang’s property prices have risen by quite a bit since the mid-2000s although the appreciation in prices has been limited to several popular locations on Penang island, particularly George Town.
However, since the second bridge project was announced in 2007, vacant land prices on both ends of the bridge, which connects Batu Maung on the island and Batu Kawan in southern Seberang Prai, have jumped.
Raine & Horne Malaysia director Michael Geh told StarBiz the price of vacant land in Batu Maung on the island which had increased to RM250-RM300 per sq ft from RM50-RM60 per sq ft. The 24km-long bridge, which is the longest in South-East Asia, has been scheduled for opening next month. Geh pointed out that the pricing depended on whether the land had been zoned for agriculture, commercial or residential usage.
“In Seberang Prai, prices of vacant land hover at RM50-RM60 per sq ft, compared to RM8-RM9 per sq ft prior to the announcement of the second link project.
“The price of vacant land has appreciated 500% on the island and about 700% in Seberang Prai,” he said.
For landed properties, new two- to three-storey terrace houses now cost from RM1.2mil south of the island, compared with about RM450,000 prior to the announcement.
“The new condominiums in similar locations are now priced at RM700,000-RM800,000, compared to RM250,000-RM300,000 prior to the announcement,” Geh said.
Geh said there would be more housing projects planned for Seberang Prai in view of the Ikea project to be developed in Batu Kawan and a mixture of commercial and residential properties.
He noted that with the island getting saturated, developers and investors would take more interest in building or acquiring properties in Seberang Prai especially since new housing regulations for the island to take effect on Feb 1 would restrict the sales of properties priced below RM400,000 for a period of five years and if disposed within the period, can only be sold to a state government approved list of first-time buyers.
In Seberang Prai, the same restriction applies to residential properties priced at RM250,000 and below.
According to Malaysia Institute of Estate Agents (Penang) chairman Mark Saw, the locations in Seberang Prai which could be considered hotspots due to their proximity to the first and second bridges were Bukit Tambun, Juru, and Simpang Ampat.
“Cheaper land cost and property prices will spur the pace of development in Seberang Prai.
“Gated landed projects with lifestyle facilities will be the trend in Seberang Prai.
“On the island, we have already seen the full impact of the second bridge on property prices, as Penang and Kuala Lumpur-based developers and property buyers have already invested substantially near the second link,” he said.
Saw said that in the first half of the year, Penang’s property market would cool off before picking up again in the second half.
Meanwhile, Real Estate and Housing Developers’ Association (Penang) chairman Datuk Jerry Chan said should land prices in Seberang Prai grow at the current pace, developers may be pressured to build more high-rise properties. - The Star
Tightening housing criteria in Penang
THE Penang government may look into fine-tuning the criteria required to apply for its low-cost and low medium-cost housing projects.
This is to ensure that the units are only allocated to the deserving group.
State Housing, Town and Country Planning Committee chairman Jagdeep Singh Deo said some of the individuals who applied for a unit were found to have up to three vehicles registered under their names.
“I will suggest to my special committee in the next meeting this Friday to widen the net when looking at applications to see if they (the applicants) are eligible.
“We will try to look at the applications and ownership of vehicles. These units are not for those who already own houses or multiple vehicles.
“If the applicant already owns a house or his income is above the income limit, he will not be eligible,” he told reporters during the Penang Fo Yi Haemodialysis Society’s thanksgiving event at Stone Bay Restaurant in Jelutong yesterday.
Jagdeep Singh said the state works with the Land Office and local councils to identify if applicants already own houses.
“We can do the same to identify the number of vehicles registered by the applicants by checking with the Road Transport Department (JPJ).
“If the special committee agrees, we will extend our network with the JPJ.
“These units are only for those in dire need of housing,” he said.
He added that out of the 75,000 forms which had been given out, a total of 1,470 forms had been submitted, as of last week.
Also present was Jelutong MP Jeff Ooi, who is in the special committee.
Ooi said the state wanted to make the selection system more efficient and ensure that the limited supply of units was only allocated to those qualified and deserving.
It was reported in December last year, that there are 10 affordable housing projects by the state government and Penang Development Corporation, which are expected to be completed in 2018.
A total of 20,000 units will be available under the projects.
Jagdeep Singh said it was the Federal Government’s duty to provide affordable housing to Penangites.
“Before the elections, Prime Minister Datuk Seri Najib Tun Razak promised affordable homes under the PR1MA programme.
“They have been quiet after the elections.
“Last week, I wrote to Najib about it. Let’s hope he replies to say that Penang will not be sidelined,” he said.
On Phase Two of the Sungai Pinang flood mitigation project, Jagdeep Singh said that he hoped the Federal Government’s promised allocation of RM150mil would be executed. - The Star
Sunday, 19 January 2014
Saturday, 18 January 2014
Property's hazy outlook
Last weekend, about 1,600 participants attended a property seminar calledProperty Outlook Conference 2014 in Kuala Lumpur.
Organised by an event organiser, speakers comprised property consultants, developers and property gurus. Participants comprised largely investors and investor-wannabes, property professionals from companies and real estate agencies, a sprinkling of analysts and the media.
One of the speakers says it was one of the largest groups he has ever spoken to when it comes to a local property seminar. Usually, the turnout hovers between 600 and 800, he says.
An executive director of an international property consultancy who was there says he felt as though he was attending “a multi-level marketing seminar.”
The fact that an event manager organised the seminar single-handedly, albeit with developers as sponsors, underscores the leverage offered by the property sector.
Secondly, the turnout underscores the investing public’s hunger for information, says two property professionals. Early bird registrants paid RM200 per pax, a couple paid RM499 while latecomers paid between RM800 and RM1,000 per pax. They were “hungry” because since the introduction of the cooling measures in October, coupled with the various price increase involving toll charges, petrol, electricity tariffs, cut in sugar subsidy, the sector has become rather opaque.
Says Malaysia Institute of Estate Agents (MIEA)president Siva Shanker: “Both developers and investors did not know what hit them post-Budget 2014. The last three months of 2013 were bad. The sector went into a tailspin.”
Siva says in the last four years, prices in some areas went up 30% to 35% in the span of a year - an unhealthy situation because the fundamentals were not there. On a national basis, the issue of house prices is not an issue, it is only in certain areas that prices have gone up multiple times in relation to annual household incomes, he says. He likens the property market before the budget to a car about to crash as it careens downhill, if the cooling measures were not introduced.
“If the car does not slow down, it will crash,” he says.
Siva says of all the sub-segments in the property sector, he is most concerned about the residential sub-segment, the main driver of the sector.
Siva says there is a huge oversupply in Kuala Lumpur, Penang and Iskandar Malaysia in Johor, including serviced apartments which are developed under commercial status.
The 2013/14 slowdown
Siva says not many may have realised it, but the property sector slowed down in 2013. “We think 2014 will see a slowdown of the sector, but that actually started in 2013.
“Sales are expected to be slow for the first two quarters. We expect to see sales going up in the second half of this year and find its own level, barring external factors. Sales will not be great, but it will not be as bad as first two quarters of this year,” says Siva.
“The goods and service tax (GST) due in April 2015 will create another bout of uncertain. Although most of the countries in the region - with the exception of Brunei and Malaysia - have some form of GST or value added tax (VAT), we have yet to experience its effect. We expect some knee-jerk reaction which will result in a price increase but it is 2016 that I expect prices to climb,” he says.
But before 2016, there is 2014 to deal with.
“2014 will be Iskandar Malaysia’s tipping point. (But) there is also a huge oversupply in Penang and the Klang Valley, especially high-rise projects, be there condominiums or serviced apartments,” he says.
Stocker Roberts & Gupta Sdn Bhd valuer Das Gupta who runs a firm about 10 minutes walk from the Petronas Twin Towers says the slowdown actually started in 2012.
“Many missed the signals,” he says. “Land and property prices around here (Kuala Lumpur City Centre) have been stagnating since 2012.
“That was a slow year. High-end properties around the KLCC and in Mont’ Kiara stopped moving forward the past one year in terms of both capital appreciation and rental.
“In some cases, rental and prices have dropped a notch or two,” he says.
How does one account then for the sale of a parcel of land sandwiched between Wisma Central and a Chinese temple fronting Jalan Ampang sold to Singapore-listed developer Oxley Holdings Ltd by Loke Wan Yat estate?
The 1.25 hecatres (3.1 acres) parcel was sold in December for a record RM3,300 per sq ft or RM446.7mil.
“That was an exceptional parcel because of its location and size. It is not the market norm and should not be used as a measure of overall property sector performance,” he says. Das says while land deals belong to the big boys’ arena, it is the ordinary people that he is most concerned about. “Nothing hits the rich,” he says.
Das says suburban vacant land with demand potential have become exorbitantly high. Some of these owners are second or third generation owners. They have no liabilities on these real estate. “Developers have to price their end products very high in order to justify paying such high prices. (So) they rather walk away.”
The retail story
Royal Institution of Surveyors Malaysia (RISM) vice president Adzman Shah Mohd Ariffin says the market is evolving. “There are a number of developments in the United States and in Asia. All these events will impact Malaysia.”
Adzman highlighted Indonesia’s rupiah weakening last year and Thailand political demonstrations, now in its second month.
Adzman says the weak rupiah may attract companies to invest there. That will impact Malaysia.
“We seem stable when compared to our neighbours but we have our own issues to settle,” he says.
Adzman, who runs a property and retail consultancy Exastrata Solutions Sdn Bhdsays businesses are recalculating their margins with the various price increases involving electricity tariffs, sugar, possibly toll rates and petrol prices.
He draws attention to the recent inflation figures by Standard Chartered Bank South-East Asia regional head of research Edward Lee. Lee says Malaysia’s inflation rate is expected to increase to 3.4% for the first nine months this year from 2.1% in the same period last year. The jump reflects one of the biggest in Asia; it is also the fastest acceleration in almost two years.
Adzman is helping three malls with retail tenancy. Two of them are new while the third is an existing mall.
“Retailers today are cautious about location, their catchment areas and overall expansion. They have been cautious since the middle of last year. There is a lot of focus now on tourism to help bring in revenue but this is limited to cities and tourist areas. Suburban malls are dependent on their respective catchment areas,” he says.
“Most businesses are waiting for first half year figures. This will be a good indication (where we are heading),” he says.
Adzman says retailers are feeling the heat because consumers are not buying.
“Retailers are clearing stock by cutting prices to ensure they are not stuck with old stocks when the market slows. They release space for new stocks in order to create demand,” says Adzman.
The raise in toll, petrol and parking charges may result in people heading to the mall closest to them instead of heading downtown which means downtown malls will be tourist-dependent, he says.
Retail Group Malaysia MD Tan Hai Hsin in a January 2014 report based on interviews with members of the Malaysia Retailers Association says the industy reported a sluggish third quarter for 2013. The July-September quarter grew 3.1% compared with 4.6% in the preceding quarter, and 4.8% for the same period in the preceding year.
Ramadan and Hari Raya, which fell on the third quarter of 2013, failed to lift overall retail sales, he says. This confirms Adzman’s views that on the Malaysia retail industry has been slow since the middle of last year.
In many ways, the retail sector and private consumption are good indicators for the overall economy.
The consumer sentiment index, according to Tan, dropped from 122.9 in the first quarter of 2013, to 109.7 (Q2) and 102.0 (Q3). The next batch of numbers to look out for will be National Property Information Centre (Napic) figures on transaction volume and transaction value.
This is expected to be released in March/April.
The jump in property prices at 30% to 35% a year in some areas since 2010 has changed the sector’s profile and has resulted in an equally stratospheric jump in interest among investors, with 20-somethings piling in.
In many ways, this is reminiscient of the 1990s stock market super bull run when college students and 20-somethings diligently applied for initial public offerings with the hope of a gain. They trotted a similar path in the recent bout of interest in the property sector.
Siva says “these young people are shielded from the international highs and lows of the global economy, and the national ups and downs, and whose trickle down effect is yet to be felt.”
“The introduction of developers interest bearing scheme (DIBS) enabled many to buy properties they cannot afford and don’t need. The question is: Will they be able to get tenants? If not, will they be able to pay the mortgage when payment kicks in?”
The introduction of cooling measures may also result in a shift in interest from the primary back to secondary market when buyers turn to sub-sales instead of buying directly from the developers. In an earlier report by Elvin Fernandez, managing director of Khong & Jaafar group of companies, he said in 2009 and 2010, primary transactions comprised about 12% and secondary market transactions about 87% of total residential transactions of 211,600 in 2009 and 226,874 (2010) respectively.
In 2011 and 2012, primary transactions went up to about a fifth of the total number of residential transactions whereas the secondary market accounted about 79% (or 214,044) and 77% (212,428) respectively. There was a drop in secondary market sales from 214,044 in 2011 to 212,428 in 2012.
Says Elvin: “This means there was a run-up in the primary sector of the market by about 35,000 units a year or close to 3,000 units a month.
The question today is, where will these group of ‘speculators’ turn to in their search for alternative investments?”
With fixed interest rates at about 3% per annum and volatility in the share market, will interest in the property market return to the secondary market? Will all the euphoria of the last several years mark a return to the days before 2009 when property investments were dull and boring? This lack of clarity is the reason why property seminars attract a full house. - The Star
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