What is it?
Under the New Economic Policy (NEP), the Bumiputera Lot Quota Regulation was introduced as a means to increase Bumiputera shares in real estate up to at least 30%. This means that, as of 1971, developers have had to allocate at least 30% of all property units (be it residential or commercial) to Bumiputeras.
According to Malaysian law, State Authorities are given full control over land matters and as such, Bumi Quota regulations fall under the State Government’s jurisdiction causing them to differ from state to state. A table with a general outline of Bumi Quotas in all states in Peninsular Malaysia can be viewed over here.
What is it?
Bumi Lots are units of land or property, which can only be purchased and owned by Bumiputeras. These lots are not to be confused with Malay Reserved Lands (see below).
This is all well and good for genuine homebuyers and long-term investors, as they do not intend on quickly selling off the lot. However, owners who wish to sell will face several adversities when they decide to sell these properties. Some of these problems include:
- lack of demand for their property due to the restricted market (Bumiputeras only);
- slow appreciation of Bumi Lot prices; owners reap only but a small profit from the sale of their property;
- rejection by Land Office for consent to transfer to non-Bumi.
In certain cases, Bumi Lots may be “released” and sold to non-Bumis following procedures like the following:
- apply for consent to transfer by providing compelling enough reasons (i.e. there is no demand for the lots following a year of advertising) to the Land Office;
- appeal to Land Office if application is rejected;
- reimburse developer with discounted amount from initial purchase.
A purchaser should also keep in mind that a “released” Bumi Lot does not make it a non-Bumi Lot. Meaning that once the non-Bumi owner of the Bumi Lot chooses to sell to a non-Bumi, he will have to reapply for the Land Office’s consent for transfer of ownership.
Furthermore, depending on the state in question, the Land Title may or may not be endorsed (i.e. “stamped”) as a Bumi Lot. It is rarely endorsed on Sale and Purchase Agreements (S&P). As such, it is imperative the buyers get their lawyers to thoroughly investigate the Title content as well as Land Office records. Below is an example of how the endorsement would look like:
That said, there are no actual policies or laws to regulate sales in the secondary market. And there in lies the common problems that Bumi Lot owners face when they choose to sell their properties. One of which is that Jabatan Tanah officers often reject transfers of ownership from Bumis to non-Bumis regardless of whether or not the property is a Bumi Lot.
- Leasehold units are more strictly regulated by the Land Office than freehold properties.
- It is an unwritten policy that all transfers from Bumis to non-Bumis will be rejected (the first time) by Land Office (regardless of whether or not it is a Bumi Lot).
What is it?
The purchase of a Bumi Lot by a Bumiputera is subject to a discount of up to 15% off the initial price. These percentages differ from state to state and in Johor, it also depends on the property prices. A list of the Bumi Quotas and Bumi Discounts, categorized by state, is listed here.
Conventionally, during the subdivision stage of development, a developer, with the State Authority’s consent, will ‘mark’ several properties as Bumi Lots. Naturally, these properties are advertised as such and will only be sold to Bumiputera buyers. However, due to the declining demand for Bumi Lots, developers were often hard pressed to sell off these lots to cut losses and avoid being penalized by State Authorities.
As such, instead of marking certain units as Bumi Lots and advertising them as such, developers will draw up the list of Bumiputera buyers and ‘mark’ the certain units as Bumi Lots, following the buyer’s consent. This where the Bumi Discount comes in; to be able to purchase the property using the Bumi Discount, the buyer must provide consent to ‘mark’ the property as a Bumi Lot.
Depending on the location of the property, Bumi lots may be harder to sell as the market is strictly confined to Bumiputeras. Anticipating this disadvantage, many Bumiputera buyers (especially real estate investors) are unwilling to purchase Bumi Lots and hence, basic economics tells us that where there is scarce demand in relation to supply, prices are kept low. Thus, when property prices of neighbouring non-Bumi lots rise, the discounted Bumi Lots do not appreciate at the same rate.
However, contrary to the common misconception, this does not apply to all Bumi Lot properties. For example, in areas that are densely populated by Bumiputeras (i.e. Shah Alam, Dengkil, Putrajaya etc.), the bulk of demand for units in that area is from Bumiputeras and hence, owners do not have to worry about selling their properties off.
Malay Reserved Lands (MRL)
What is it?
A common misconception is that Malay Reserved Lands (MRLs) are the same as Bumi Lots, when in fact the two types of lands are quite different. MRLs are lands, which can only be owned and held by Malays.
Converse to Bumi Lots, MRLs are virtually impossible to be legally ‘released’ to non-Malays. For the land to be granted release, another property of similar value and size must be declared as a replacement. In order for this to be done, the Exco will survey surrounding districts for applicable lands.
Furthermore, there are several other characteristics that distinguish MRLs from Bumi Lots. The following are a few of those features:
- Malay owners are not allowed to rent out properties built on MRLs or the lands to non-Malays
- All businesses that operate on MRLs must be owned by Malays
- Publicly traded companies must comprise of only Malay stakeholders
*You can read more about MRLs here.
It is imperative that we are informed about the characteristics of the various land titles in Malaysia. Although Bumi Lots are great for those who seek to settle down or use the property for the long run, they can be really hard to sell should you need extra cash in future.
This is something to keep in mind for investors who are looking to flip properties. Buyers who are looking to purchase properties should always ask developers if their properties are endorsed as Bumi Lots.
Do take precautions and check with the land office for various matters regarding the property.
**Huge thanks to conveyancing lawyer and writer, Mr. Khairul Shaharudin, who was kind enough to provide us with information on this topic of discussion.
Mr. Shaharudin can be easily reached via e-mail (firstname.lastname@example.org) or phone (03-5630 0785). You can also like him on his Facebook page to get daily updates on the property market and more.