Conveyancing & Property Transactions · Malaysia

Conveyancing Lawyer in Malaysia

Our conveyancing lawyers act for buyers, sellers and borrowers, from the sale and purchase agreement and title searches to stamping, transfer and vacant possession.

Conveyancing lawyer reviewing a sale and purchase agreement in Malaysia

What Conveyancing Covers

Conveyancing is the legal work of moving property from one owner to another, and of registering the charge when a bank lends against it. In Malaysia most of it is governed by the National Land Code 1965, with the Housing Development (Control and Licensing) Act 1966 added for purchases from developers.

Whether you are buying a home, selling an investment or refinancing, our conveyancing lawyers act for buyers, sellers and borrowers in Kuala Lumpur, Petaling Jaya and Ipoh. We prepare and review the sale and purchase agreement, conduct the searches, coordinate the bank's loan documents, deal with stamping and tax filings and register the transfer.

A sound transaction starts before you sign. Our property due diligence checklist explains the searches we run, and the guide to foreign property ownership covers the State Authority consent that foreign buyers need. If a developer delivers late, see our article on liquidated ascertained damages.

Conveyancing is one part of our wider property law practice, which also covers strata and property management, land acquisition and developer work.

Conveyancing lawyer reviewing a sale and purchase agreement in Malaysia

From Offer to Vacant Possession

Every property transaction follows the same path. The order and the deadlines matter, because the sale and purchase agreement fixes when each step must be completed.

1

Instruction and first advice

We confirm who our client is, check for any conflict of interest and explain the steps, the parties involved and the documents we need from you. If a bank is financing the purchase, we identify early which solicitors act for the bank.

2

Searches and due diligence

We run an official title search at the Land Office and check for caveats, existing charges, restrictions in interest and land use conditions. For a purchase from a developer we also check the developer's licence and advertising and sale permit. See the full checklist.

3

The sale and purchase agreement

Purchases from a developer use the statutory form: Schedule G for landed property and Schedule H for strata property, under the Housing Development (Control and Licensing) Act 1966. Sub-sales are negotiated. We review or draft the terms, including the deposit, completion date, conditions and default provisions, before you sign.

4

Financing documents

Where a bank is lending, we coordinate the loan agreement and the charge over the property. If the seller has an existing loan, we arrange for its discharge so that the title can be transferred free of the old charge.

5

Stamping and tax

The agreement, loan documents and memorandum of transfer must be stamped with the Inland Revenue Board (LHDN) within the time allowed. Where real property gains tax applies to the seller, the seller and the buyer each file a return within 60 days of the disposal, and the buyer retains a percentage of the price and pays it to LHDN.

6

State Authority consent

Some transfers need State Authority consent before they can be registered, for example purchases by foreign buyers or land with a restriction in interest. We prepare and follow up the application. A dealing made without required consent is null and void.

7

Registration and completion

We present the transfer at the Land Office, pay the balance price against the discharge or release documents and arrange delivery of vacant possession and keys. After completion we remit any retention sum to LHDN and complete the tax filings.

Property Transaction Timelines at a Glance

These are common market terms and statutory periods. Your own agreement governs your transaction, so always check the dates in your own documents.

ItemCommon rule or practiceWhy it matters
Deposit10% of the purchase price under the statutory developer agreements; also common in sub-salesA buyer who defaults can lose the deposit; a seller who defaults can face a claim
Completion periodCommonly 3 months from the agreement date for a sub-sale, plus a further month on payment of interestLate payment carries interest and can end in termination
Developer purchasesStatutory Schedule G (landed) or Schedule H (strata) termsThe statutory terms cannot be reduced by the developer's own drafting
Delivery of vacant possession24 months for landed property (Schedule G) or 36 months for strata (Schedule H)The Federal Court has held that time runs from the date the booking fee was paid, not the later agreement date
Stamp dutyInstruments signed in Malaysia must be stamped within 30 daysLate stamping attracts penalties and an unstamped instrument is not admissible in evidence
Real property gains taxSeller and buyer each file a return within 60 days of disposal; the buyer retains a percentage of the price and pays it to LHDNA buyer who fails to pay the retention sum can face a 10% increase on the amount unpaid
State Authority consentRequired before a non-citizen or foreign company can acquire alienated land (National Land Code s.433B) and for some restricted titlesA dealing in breach of s.433B is null and void (s.433C)

Based on the National Land Code 1965, the Housing Development (Control and Licensing) Act 1966 and Regulations, the Stamp Act 1949 and the Real Property Gains Tax Act 1976, with the Federal Court's decision in PJD Regency (2021). See LHDN on stamp duty and real property gains tax. Last updated 20 September 2026. This page is general information, not legal advice.

Official rates. Stamp duty and real property gains tax rates are set by law and have changed in recent Budgets, including for foreign and first-time buyers. Check the current rates on the Inland Revenue Board (LHDN) website before you sign. Our professional fees depend on the transaction, and we give you a written estimate before we start.

Your contact partner. Geneive Ngan, Partner, acts for developers and for purchasers on sale and purchase agreements and financing documents. She is an Advocate and Solicitor of the High Court of Malaya (2008). See her profile.

Conveyancing in Malaysia: Common Questions

Straight answers to the questions buyers and sellers ask us most often.

How long does conveyancing take in Malaysia?
For a sub-sale financed by a bank, the agreement commonly allows about three months from signing to completion, with a short extension on interest. Transactions that need State Authority consent take longer, because the approval adds its own waiting time. For a new project from a developer, the timeline follows the delivery period in the statutory agreement.
Do I need a lawyer to buy or sell property in Malaysia?
In practice, yes. Preparing conveyancing documents for reward is restricted to advocates and solicitors under the Legal Profession Act 1976, and banks require solicitors to prepare the loan documents and the charge. A lawyer also runs the searches and checks that protect you from defects in title.
What is the difference between Schedule G and Schedule H?
Both are statutory sale and purchase agreements for buying from a licensed developer under the Housing Development (Control and Licensing) Act 1966. Schedule G is used for landed property and gives 24 months for delivery of vacant possession. Schedule H is used for strata property such as condominiums and gives 36 months. The Federal Court has held that the period runs from the date the booking fee was paid. The statutory terms protect the purchaser and cannot be reduced by the developer.
What searches do you run before I sign?
We run an official title search at the Land Office to confirm the registered owner, tenure, land use category, caveats, existing charges and restrictions. We add company or bankruptcy searches on the seller, and for developer projects we check the developer's licence and advertising permit. Our due diligence checklist sets out every step.
Can foreigners buy property in Malaysia?
Yes, with limits. Under the National Land Code a non-citizen or foreign company needs prior State Authority consent, and a dealing without it is null and void. Each state sets its own minimum price and some land, such as Malay reserved land, is closed to them. Rules and tax rates have changed recently, so check the position before you commit. Read our guide for foreign buyers and speak to us about the current thresholds.
What happens if I cannot complete on time?
The agreement usually gives a short extension if you pay interest on the balance price. If you still cannot complete, the seller can terminate and forfeit the deposit, so speak to your lawyer as soon as a problem appears. Sometimes a variation agreed in writing is possible.
What if my developer delivers late?
Under the statutory agreement you are entitled to liquidated ascertained damages for the period of delay. Read our article on when the booking fee date matters, and contact us if you want the claim reviewed.

Buying, Selling or Refinancing Property?

Speak to our conveyancing lawyers before you sign. We act in Kuala Lumpur, Petaling Jaya and Ipoh and for overseas buyers.

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