Schedule H SPA, Plus G, I and J: The New Property SPA in Malaysia Explained
A Schedule H SPA, like its sister forms G, I and J, is a statutory contract: Malaysian developers selling housing must use the sale and purchase agreement (SPA) prescribed by the Housing Development (Control and Licensing) Regulations 1989, not their own draft. Schedule G covers landed homes, Schedule H strata units, and Schedules I and J the Build-Then-Sell versions. This guide walks through which form applies, the clauses that matter most (delivery period, late-delivery damages, defect liability, strata title) and what a developer cannot change, in the order I go through them with clients before signing.
Short answer
A new property SPA in Malaysia is a statutory form, not a developer’s draft: Schedule G for landed homes, Schedule H for strata units, and Schedules I and J for Build-Then-Sell. Vacant possession falls due within 24 months (G) or 36 months (H) of the SPA date, late delivery carries LAD of 10% a year of the price, and the defect liability period runs 24 months from handover.
Key numbers at a glance
| Statutory forms | Schedule G landed, H strata, I and J Build-Then-Sell |
|---|---|
| VP deadline (from the SPA date) | Schedule G 24 months; Schedule H 36 months |
| Late-delivery damages (LAD) | 10% a year of the price, calculated daily |
| LAD start date | The day the booking fee was paid (PJD Regency, 2021) |
| Defect liability period (DLP) | 24 months from VP; repairs within 30 days of notice |
| Payment at vacant possession | 17.5% (post-2015 forms; strata title must be issued) |
| Common facilities | Complete within 36 months; 10% a year on the last 20% if late |
| Current forms apply to | Projects licensed on or after 1 July 2015 (P.U.(A) 106/2015) |
Key points in 30 seconds
- Schedules G (landed) and H (strata) require vacant possession (VP) within 24 and 36 months of the SPA date, with late-delivery damages of 10% a year of the price, counted daily.
- The defect liability period (DLP) is 24 months from VP, and the developer must repair within 30 days of written notice.
- The forms substituted in 2015 (P.U.(A) 106/2015) apply to projects licensed on or after 1 July 2015; older projects may still use the earlier forms.
- In Ang Ming Lee (Federal Court, 26 November 2019) the court held that the Controller of Housing has no power to modify the statutory terms to extend delivery time.
- Under Schedule H the developer cannot hand over and bill the 17.5% VP instalment until the strata title has been issued, unless the Controller approves under clause 28(1).
What are Schedule G, H, I and J SPAs?
A licensed housing developer selling residential units must use the contract forms prescribed under Regulation 11(1). They are made under the Housing Development (Control and Licensing) Act 1966 (Act 118, the HDA) to protect buyers: the payment schedule, delivery period, damages rate and defect period are fixed, and the developer only fills in project details, the unit and the price.
| Form | Property | Payment model | VP deadline (from SPA date) |
|---|---|---|---|
| Schedule G | Landed (land and building: terrace, semi-D, etc.) | Progressive, by construction stage | 24 months |
| Schedule H | Strata (apartment, condominium, etc.) | Progressive, by construction stage | 36 months |
| Schedule I | Landed, Build-Then-Sell (BTS) | 10% on signing, 90% after VP notice | 24 months |
| Schedule J | Strata, Build-Then-Sell (BTS) | 10% on signing, 90% after VP notice | 36 months |
Most new projects are sold before they are built, so G and H are what you will usually see. I and J are the ‘BTS 10:90’ model: the buyer pays 10% up front and the other 90% only when the home is finished and certified. Only a few developers use it, and it is not mandatory.
Which properties fall outside the HDA forms?
The HDA covers ‘housing accommodation’. SOHO and SOVO products on commercial land, and purely commercial projects, generally do not use these statutory forms, which is one reason the government proposed a Real Property Development Bill covering commercial and mixed developments (as at September 2026 I found no confirmation it has been tabled or passed). For those products, have a lawyer review every clause. See types of property in Malaysia.
Can a developer change the terms of a Schedule H SPA?
Not freely. In Ang Ming Lee v Menteri Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan (26 November 2019) the Federal Court held that Regulation 11(3), which let the Controller of Housing waive or modify the prescribed terms, was ultra vires, so the Controller could not approve extensions of the delivery period. Prema Bonanza (Federal Court, 2024) later clarified that the ruling applies only from 26 November 2019, so extensions granted before then stand.
Also check which version you are signing. The 2015 forms apply only to projects whose licence was issued on or after 1 July 2015. Older projects may still use the earlier forms, with a different payment schedule and some different terms (see progressive payment schedule).
What the developer fills in is mainly the parties, the project and licence details, the permit number, the unit number and area, the price, and the annexed plans, specifications and list of common facilities. Those ‘blanks’ are exactly what deserves your time: does the area match what the gallery told you, does the specification list the promised materials, and does the facilities list include the pool and gym from the advertisement? They become your evidence if you later claim for defects or work that does not match the specification.
A side letter waiving LAD or accepting a later delivery date signs away protection the law put there for you. On a RM600,000 condo, 120 days late is RM19,726.03 in damages, and counted from the booking date it is often double that. Have your own lawyer read anything of the kind first.
Ask Louis directly
Before you sign, send me the Third Schedule (the payment schedule) and the delivery clause and I'll check the unit area, the net price and the real vacant possession deadline.
I'll work out your vacant possession deadline from both the booking date and the SPA date for free, and send you the list of items to verify at the signing table.
How did the new property SPA change in 2015?
P.U.(A) 106/2015, gazetted on 1 June 2015, substituted all four statutory forms for projects licensed on or after 1 July 2015. The changes that matter most to buyers, based on law-firm summaries and a comparison of old and new form copies:
| Item | Pre-2015 form | Post-2015 form |
|---|---|---|
| Time to pay a progress bill | 21 working days after the notice | 30 days after the notice |
| Payment at VP | 12.5% | 17.5% (strata: title must be issued) |
| Drains / roads stages | 5% each | 2.5% each |
| Strata title | VP could come first, title later | Title issued with VP as the default |
| Payments outside the SPA | Developer barred from collecting | Ban extended expressly to stakeholders |
| Advertising | – | Reg 8(1A) bans ‘free legal fees’, projected returns and similar claims |
Many articles online, including some large property portals, still quote the old percentages, which is why you will see both 12.5% and 17.5% for the VP stage. Both are ‘correct’ for projects licensed in different periods. The Third Schedule in your own SPA is what counts.
Key Schedule H clauses, one by one
Clause numbers below follow the 2015 Schedule H form published by REHDA. Schedule G is similar but numbered slightly differently (delivery is clause 24 in G and clause 25 in H).
| Clause | What it says | Why it matters to you |
|---|---|---|
| 5 Manner of payment | Each billing notice must be supported by a certificate signed by the developer’s architect or engineer; pay within 30 days of receiving the notice | Query any bill without a certificate |
| 6 Financial facility | Apply for a loan within 30 days of receiving the stamped SPA; if refused for income ineligibility, with proof, pay only 1% of the price and the SPA ends | Get loan approval before signing |
| 10 Late payment | 10% a year, calculated daily; no late charges for the first 6 months if the loan is from the government | Pay on time |
| 11 Buyer default | After more than 30 days’ default, the developer may terminate by at least 30 days’ notice by AR registered post | Act at once on any notice |
| 25 Delivery of VP | VP within 36 months of the SPA date; LAD at 10% a year of the price, calculated daily | Per PJD Regency, count from the booking date |
| 26-27 CCC and VP | VP needs the CCC, an issued strata title and water and electricity ready; you are deemed to take VP 30 days after the notice | Inspect promptly after the notice |
| 29 Common facilities | Complete within 36 months; late completion pays 10% a year on the last 20% of the price | Pools and gyms have deadlines too |
| 30 Defect liability | 24 months from VP; repairs within 30 days of written notice | If ignored, you can repair and recover the cost |
| 33 Costs | Each party pays its own solicitor; buyer pays stamp duty and registration for the SPA and transfer; developer pays for state consent | Ask whom a ‘free’ lawyer represents |
The percentages in the payment schedule itself (the Third Schedule), and why they differ online, are covered in progressive payment schedule for new property.
Must the strata title come with vacant possession?
Since 2015 the rule for strata units is ‘title with keys’. Schedule H says the developer cannot deliver VP and claim the 17.5% VP instalment unless the strata title has been issued, and the next 2.5% is payable only when the executed transfer and the original strata title are delivered to you or your lawyer. This works together with the Strata Titles (Amendment) Act, in force from 1 June 2015.
The exception is clause 28(1) of Schedule H, under which the Controller can approve VP without strata title. KPKT’s TEDUH system has a checklist for these applications, which requires the developer to justify the delay and file a surveyor’s timeline and the full CCC (Form F). If your VP notice arrives without a title, ask the developer to show the Controller’s approval.
What to check on handover day is covered in CCC and vacant possession; the title steps afterwards are in caveats and perfection of transfer.
How LAD and the defect liability period work
LAD is price x 10% x days late / 365. A RM600,000 condo handed over 120 days late earns LAD of 600,000 x 10% x 120 / 365 = RM19,726.03. The form says your cause of action for LAD accrues on the day you take VP, so time limits run from handover. Under PJD Regency (Federal Court, grounds dated 19 January 2021), the 36 (or 24) months run from the booking fee date; see booking fee for new property.
The DLP runs for 24 months from VP. Report defects in writing; the developer must repair at its own cost within 30 days of receiving the notice. If it fails, the form lets you notify the developer, carry out the repairs yourself and recover the cost from the developer, including by deduction from the 5% held by the developer’s solicitor as stakeholder. See defect inspection and DLP.
Claims against the developer can go to the Tribunal for Homebuyer Claims (TTPR): up to RM50,000 (more if both parties agree in writing), a RM10 fee, filed within 12 months of the CCC, the end of the DLP or termination. See how to claim at the tribunal.
Checklist before signing a new property SPA
- The title of the agreement says Schedule G, H, I or J, and it matches the property type.
- Unit number, area, price and net price after rebates match the booking form.
- The developer’s licence and advertising and sales permit (APDL) numbers match (see how to check a developer).
- The Third Schedule percentages show whether this is the post-2015 form or the older one.
- Note the VP and common-facilities deadlines, and recompute them from your booking date.
- Get originals of every side letter; none may ask you to waive LAD or accept an extension.
- Ask whom each lawyer at the table represents, and appoint your own if needed (see signing the SPA and loan agreement).
- Foreign buyers: make sure the SPA is conditional on state consent and budget for the 8% stamp duty (see foreigner paperwork and costs).
Related questions
How long do I have to pay a progress billing?
Thirty days from the notice under the post-2015 forms, or 21 working days under the older ones. Each billing must come with a certificate signed by the developer’s architect or engineer, so query anything that arrives without one. Late payment carries interest of 10% a year calculated daily, and default beyond 30 days lets the developer terminate on at least 30 days’ written notice.
Can I claim if the pool and gym are finished late?
Yes. Clause 29 of Schedule H requires the common facilities to be completed within 36 months, and late completion is compensated at 10% a year on the last 20% of the purchase price, separately from LAD on the unit itself. Claims go to the Tribunal for Homebuyer Claims, up to RM50,000 for a RM10 filing fee.
What if the developer doesn't repair a defect within 30 days?
The form lets you notify the developer again, carry out the repair yourself and recover the cost, including by deducting it from the 5% held by the developer’s solicitor as stakeholder. If that fails, file at the Tribunal for Homebuyer Claims within 12 months of the end of the DLP. See defect inspection and the DLP.
How much stamp duty is payable on a new property SPA?
The SPA itself carries only a nominal fixed duty of RM10 a copy. The duty that follows the price, ad valorem, falls on the memorandum of transfer, while the loan agreement is stamped at 0.5% of the loan. Malaysian first-time buyers of a home up to RM500,000 are fully exempt on both the transfer and the loan agreement. See stamp duty and legal fees.
Frequently asked questions
What is the difference between Schedule G and Schedule H?
Schedule G is for landed homes sold with land, with vacant possession due within 24 months of the SPA date. Schedule H is for strata units such as condominiums, with 36 months and a requirement that the strata title be issued before handover. Both use progressive payments, LAD of 10% a year and a 24-month DLP.
What are Schedule I and Schedule J?
They are the Build-Then-Sell versions of the statutory SPA: Schedule I for landed and Schedule J for strata. The buyer pays 10% on signing and the remaining 90% within 30 days of the developer’s notice of vacant possession. Few developers use them and the government has not made them mandatory.
Can a developer ask me to waive LAD in a supplementary agreement?
The statutory terms exist to protect buyers and cannot be freely varied. In Ang Ming Lee the Federal Court held that even the Controller of Housing had no power to modify them to extend delivery time. Have your own lawyer review any document asking you to waive LAD or accept a later delivery date before you sign.
How is LAD calculated for a late new property?
Multiply the purchase price by 10%, then by the days late, and divide by 365. For a RM600,000 unit delivered 120 days late, LAD is RM19,726.03. Following PJD Regency, the delivery period is counted from the date the booking fee was paid, not the SPA date.
Can a developer hand over a condo without the strata title?
Under the post-2015 Schedule H, generally no: without an issued strata title the developer cannot deliver vacant possession or bill the 17.5% VP instalment. The exception is a Controller’s approval under clause 28(1). If you receive a VP notice without a title, ask to see that approval.
Does a SOHO or serviced apartment use a Schedule H SPA?
Residential projects on residential land use Schedule H. SOHO and SOVO units on commercial land are generally outside the HDA statutory forms, so the developer drafts the contract and buyers get fewer built-in protections. Have a lawyer review the delivery, damages and defect clauses before signing.
Sources & verification
- REHDA Melaka — Schedule H (substituted 2015 form, Housing Development (Control and Licensing) Regulations 1989)
- REHDA Melaka — Schedule G (substituted 2015 form)
- REHDA Melaka — Schedule I (Build-Then-Sell, land and building)
- REHDA Melaka — Schedule J (Build-Then-Sell, strata)
- Johore Bar — Salient amendments, HDR (Amendment) Regulations 2015
- Lee and Chong — P.U.(A) 106/2015 legal update (1 Jun 2015)
- EdgeProp — New law: strata titles should come with vacant possession
- KPKT TEDUH — Checklist: VP without strata title (Schedule H clause 28(1))
- Thomas Chambers — VP, extension of time and LAD claims
- Mah Weng Kwai and Associates — LAD calculated from booking fee date (PJD Regency)
- KPKT / JPN — Panduan Pembeli Rumah (22 Apr 2021)
- KPKT — Tribunal Tuntutan Pembeli Rumah
- iProperty — What is Build-Then-Sell 10:90
Verified: 2026-09-20. This guide is general information, not legal, tax or financial advice. Rules and rates change — confirm in writing with your lawyer, bank or the relevant authority before you sign.
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Louis Koh
11 years in Malaysian property · Johor Bahru & Kuala Lumpur · English & 中文
I help local buyers and cross-border buyers from Singapore with new and subsale property. Every figure in these guides is sourced; when a rule changes, I update the page and date it.
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Louis Koh · 11 years in Malaysian property · +60 10-906 6685 · replies 9am–10pm MYT