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 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.
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.
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.
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.
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.
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.
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.
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.
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.
These are common market terms and statutory periods. Your own agreement governs your transaction, so always check the dates in your own documents.
| Item | Common rule or practice | Why it matters |
|---|---|---|
| Deposit | 10% of the purchase price under the statutory developer agreements; also common in sub-sales | A buyer who defaults can lose the deposit; a seller who defaults can face a claim |
| Completion period | Commonly 3 months from the agreement date for a sub-sale, plus a further month on payment of interest | Late payment carries interest and can end in termination |
| Developer purchases | Statutory Schedule G (landed) or Schedule H (strata) terms | The statutory terms cannot be reduced by the developer's own drafting |
| Delivery of vacant possession | 24 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 duty | Instruments signed in Malaysia must be stamped within 30 days | Late stamping attracts penalties and an unstamped instrument is not admissible in evidence |
| Real property gains tax | Seller and buyer each file a return within 60 days of disposal; the buyer retains a percentage of the price and pays it to LHDN | A buyer who fails to pay the retention sum can face a 10% increase on the amount unpaid |
| State Authority consent | Required before a non-citizen or foreign company can acquire alienated land (National Land Code s.433B) and for some restricted titles | A 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.
Straight answers to the questions buyers and sellers ask us most often.
Speak to our conveyancing lawyers before you sign. We act in Kuala Lumpur, Petaling Jaya and Ipoh and for overseas buyers.
Contact Our Property Team →