Archive for the ‘Penang Land’ Category

Land For Sale ! Hectare, Acre, Relong or Rai ?

Thursday, October 16th, 2008

In my many years of practice, I have come across land owners who are unsure about the exact land areas and even boundaries of the lands they own whilst some are confused with the land area conversion units from acre to hectare or relong to hectare and vice versa as different states have different adoption of land area measurement system.

www.intproperties.com blogs into this subject of land area conversion units with an aim to give you a better understanding and guides on the current land area conversion units commonly used in the northern states of Peninsular Malaysia ie Penang, Kedah and Perlis as well as the neighbouring country of Thailand.

Hectare, Acre, Relong or Rai

Although Malaysia has officially adopted a metric system since 1982, the British’s imperial units and local units are also very much in use. The computerisation of land titles registration in land offices in Malaysia over the last two decades and the implementation of E Tanah system have replaced much of the old titles and have used International System (SI) unit of hectare in land registrations.

The old unit of acre, which is non-SI, is still widely use in Penang State whilst relong is the local unit commonly used by the people in the Kedah and Perlis States. A browse on the land for sale listing posted on Malaysia’s popular portal of mudah.com shows that relong is still widely use in Kedah. 

In Kedah and Perlis, the early system of land tenure was influenced more by the ancient Thai Law of Property than by the Malay Customary Law. From an early date, ‘surat putus’ (or document of title) was issued by Sultans. Originally, these ‘surat putus’ was a written decision of ‘hakim’ or judge of the state following an ownership dispute, countersigned by the Sultan. The documents recorded the evidence submitted and the decision made together with the dimensions and area of the land concerned and a rough description of its locality and abuttals. The earliest survey of property lots started by 1912 in Kedah.

Whilst in Penang, the land registration inherited the British land tenure system. The English Law of Real Property and Conveyancing continued to be used until they were repealed and substituted with a system of Registration of Titles under the present National Land Code (Penang and Malacca Titles) Act, 1963. More at related article of history of land system.

Across the border to southern Thailand, the common land measurement is Rai. A Rai (Thai ไร่) is a unit of area, equal to 1,600 square metres (40 m × 40 m), used for measuring land area. Its current size is precisely derived from the metre, but is neither part of nor recognized by the modern metric system, the International System (SI). 1 Acre = 2.5 Rai, 1 hectare = 6.25 Rai. Guide on land measurement conversion in Thailand.

In UK, although the non-SI unit of acre is still in use, it will no longer be allowed when land is being registered come January 2010 in compliance with EU Metric Directive-European Union abolishes the British acre.

For advisory on land investments in Malaysia and Penang Properties, email to us at Izrin & Tan Properties Sdn. Bhd. or call us at +604 6588333 (Penang Office) or +603 92839782 (Kuala Lumpur Office) and we would be pleased to assist.

HOW TO CALCULATE LAND MEASUREMENT

SI units (Metric )
1 hectare = 10,000 sq meters

Non SI units
1 acre = 43,560 square foot
1 hectare = 2.471 acres

1 relong = 30,976 square feet
1 relong = 484 jempa
1 jempa = 64 sq ft
1 hectare = 3.4748 relong
1 acre = 4 rood
1 rood = 40 pole
1 rood = 10,890 sq. feet
1 pole = 272.25 sq. feet
1 sq meter = 10.76381 sq feet

Example 1
Land Area 5a 2r 20p = 5 + 0.5 + 0.125 = 5.625 acres x 43,560 square feet
= 245,025 square feet
= 22,763.80 square metes
= 2.2763 hectares

Example 2
Agricultural land in Kedah
Land Area 15 relong 50 jempa = 15 x 30,976 square feet + 50 x 64 square feet
= 467,840 square feet
= 43464.16 square metres
= 4.3464 hectares

Example of site plans attached in the old titles in Kedah and Perlis- with unit measurements in both relong and acre

Example of old land titles in Kedah issued in 1950’s

Safeguarding property ownership rights

Tuesday, September 9th, 2008

Penang property owners beware! According to the recently released Auditor-General’s Report 2007 on activities and special studies of Penang State’s government agencies and reports prepared by Penang State Department of Land and Mines, the auditor findings disclosed that there are several land forgery cases recorded in Penang State. Apart from the one landmark case Boonsom Bunyanit vs Adorna Properties Sdn.Bhd, there are also a number of fraudulent cases involving lands in the State.

According to the report, there are 7 cases of signature forgery on transfer form (Borang 14A) and fraudulent land transfers detected and the properties identified are located in both Penang Island and mainland Seberang Perai whilst another 4 cases involving forgery of documents relating to court order, more at Auditor-General’s Report 2007 (page 129 -132, Table 50 & 51). And the shocking revelation is the opinion of the auditor :-

“Pada pendapat Audit, Pejabat Tanah Dan Galian tidak dapat mengesan kesahihan dan ketulenan dokumen yang dikemukakan bagi urusan tanah kerana kakitangan Pejabat tidak ada kemahiran dalam bidang tersebut. Hak pemilik tanah tidak terjamin apabila berlaku pemalsuan dalam urusan tanah.”

(In the opinion of the auditor, The Department of Land and Mines could not detect the validity and authenticity of the documents presented for land dealings because the department staff does not have the expertise in this field. The rights of the land owners can not be guaranteed when forgery in land dealing occurs).

In light of the above, Penang land and property owners are advised not to take things for granted and to exercise caution on the safekeeping of their property title deeds and conduct regular title searches and seek reputable solicitor advice.

Amendment to Section 340 National Land Code

According to Ministry of Internal Security’s reply in Parliament house on 9 July 2007, the number of case of fraudulent signature for land title transfer recorded during the period 2001 till May 2007 are 16 cases in 2001, 19 cases in 2002, 22 cases in 2003, 32 cases in 2004, 35 cases in 2005 and 40 cases in 2006 and 16 cases up to May 2007. The statistics disclosed that forgery of land titles and land scams are on the rise. In a move to safeguard and protecting the landowners, Malaysia’s Bar Council has taken a lead and submitted a memorandum to the then Natural Resources and Environment Minister Datuk Seri Azmi Khalid on July 24 last year. It is understood that in the memorandum, the Bar Council proposed several amendments to be made to the relevant sections of the National Land Code (NLC), especially Sections 340(3) and (4) and 187B. Bar Council welcomes move by government to amend s 340 NLC and is expected to be amended by year end.

For advisory on individual property purchases and rentals of Penang properties, email to us at Izrin & Tan Properties Sdn. Bhd. or call us at +604 6588333 (Penang Office) or +603 92839782 (Kuala Lumpur Office) and we would be pleased to assist.

Penang’s new policy on land conversion

Friday, June 13th, 2008

The new Penang state government land policy seeks to encourage Penangites to become permanent landowners and boosting commercial and industrial growth. Under the new policy, industrial landowners in Penang can apply to extend their lease period from the present maximum 60 years to 99 years, while owners of leasehold residential lands can apply to convert their land to freehold status. More at We will be fair in land conversion.

The conditions and procedure for conversion are here and here.[Update : The official guidelines (Bahasa Malaysia version) on the new land conversion policy and the application form (Borang 12A) is now available and can be downloaded from the website of Penang State's Department of Land and Mines].

Land owners can begin submitting individual applications after June 15 to change the status of their land titles.

And here are the views and comments on the state’s new land conversion policy from man on the street, local community leaders, property consultants and housing developers to legal practitioners.

The move is expected to benefit industrial land owners or companies to secure financing to expand their factories as presently commercial banks are less keen to provide banking facilities to industrial lands and factories with short leasehold tenure of less than 30 years as collaterals.

Industrial/Housing schemes to benefit from this new land conversion policy

Industrial lands and factories in Penang’s Industrial Parks developed by Penang Development Corporation (PDC) are alienated on 60 years lease. These industrial parks are Bayan Lepas Industrial Park, Mak Mandin Industrial Park, Seberang Jaya Industrial Park, Prai Industrial Park, Bukit Tengah Industrial Park and newly developed Bukit Minyak Industrial Park.

Whilst PDC’s housing schemes are mostly leasehold properties of 99 years namely Bandar Bayan Baru and Bandar Seberang Jaya, Taman Pelangi and Komtar development area in Georgetown.

Other notable housing schemes built on state alienated lands of 99 years lease are Techware’s condominium schemes along the Sungai Nibong coastal area ie Gold coast, Putera Marine, Villa Emas, Putera Place and IJM’s housing schemes ie Tmn Sri Damai, Alphine tower, Parkview tower, Lakeside, Ocean view, The Spring etc. Others such as Mewah Court, Midland condo, Mutiara Idaman, Mutiara Heights, Pangsapuri Tanjung Tokong and Sri Saujana at Harbour city.

However, owners of leasehold high rise stratified units seeking to obtain freehold rights may have to be patient until the state government resolved legal matters with the Federal Government. More at Freehold land applications now on hold.

Several high profile townships such as the Seri Tanjung Pinang and Bayan Bay development (both on the Penang Island) and 456-acre Bandar Perda township and Bayu Mutiara in Bukit Mertajam of mainland Penang have since been granted conversion from leasehold to Freehold status. Related link at Penang projects to gain from conversion.

For more insights on Malaysia’s land administration policy, a recommended website by Ministry of natural resources and environment provides resources on Malaysia’s current land administration process, types of land titles , classification of lands etc.

For advisory on individual property investments in Penang, email to us at Izrin & Tan Properties Sdn. Bhd. or call us at +604 6588333 (Penang Office) or +603 92839782 (Kuala Lumpur Office) and we would be pleased to assist.

Aerial view of the Perai Industrial Park in central mainland Penang and its coastline. The development of the industrial parks in Penang since 1970’s have transformed Penang into the biggest industrial hub in the northern Peninsular Malaysia.

Bandar Perda, a privatized 456-acre housing project in central Seberang Perai which have been granted Freehold status…

Real estate in Penang set to boom

Monday, April 30th, 2007

The dynamics of today’s economy are demanding. In an increasingly borderless world where foreign investments are needed for wealth creation, a premium location is one which is both commerce and entertainment driven.

Featured article by The Star online on penang property outlook and MM2H.

Read more at Real estate in Penang set to boom

Focus on Penang Property and Housing-Part I

Wednesday, January 24th, 2007

According to the Draft Penang Structure Plan 2005-2020, the estimated housing stock for Penang State as at year 2005 totals 470,331 units. During the period 1994 – 2005, the Penang state government has approved the construction of about 121,000 units of houses. The report also stated that a total of 185,000 units of houses of various types or at an average of 12,300 units a year will be built until year 2020.

Penang needs to develop 5,000 hectares of land within the next 15 years to cater for development of which 4,500 hectares of the land earmarked for development are located in high potential areas. In order to achieve balance and sustainable development over the next 15 years, there is a need to balance development at the ratio of 30% on the island and 70% on the mainland Seberang Perai.

Penang Island, a relatively small island covering an area of 293 square kilometers with a population of 678, 000 (year 2005), has limited usable lands for development as major part of the Island is under conservation and classified as environmentally sensitive areas ie. hill lands, forest reserves and water catchments areas. The limited usable lands are mainly located along the eastern Island stretching from Tanjong Tokong area to down south Bayan Baru / Sungai Ara area.

Owing to high land cost and limited usable land for development on the Penang Island, reclamation activities at designated coastal areas such as Bayan Baru, Jelutong and Tanjung Tokong will be continued to expand the land bank on the Island. Several man-made islands around Tanjong Tokong and Jelutong coastal areas will also be created via land reclamation. See map for details: Map on Penang Usable land for development. New locational hotspots for potential housing development are situated towards the south-western part of the Island, these areas include Sungai Ara, Gertak Sanggul, Teluk Kumbar and Balik Pulau.

In the mainland Seberang Perai, bulk of usable lands for development are centred at Batu Kawan-Jawi area (South Seberang Perai) and Bertam -Kepala Batas (North Seberang Perai) and Seberang Jaya-Permatang Nibong (Central Seberang Perai). Other potential areas as stated in the report include Valdor, Juru and Bukit Minyak.

The future housing trends on the Island will continue to see more high density flatted developments being built whilst piecemeal housing developments will be taking place in new growth areas at the southern part of the Island. More smaller scale but high value niche housing schemes offering new lifestyles, themes and concepts with buzzwords such as super condos, condovillas, gated and guarded communities, waterfront courtyard terraced homes, super-link houses, landed garden villas, supreme and premium bungalows may emerge in prime locations at the suburbs of Georgetown and coastal areas of Bayan Bay, Gurney Drive and Tanjong Tokong. Old settlement areas in prime locations will also be make way for high rise flatted developments whilst in the inner city of Georgetown but within the ambit of heritage conservation zones, any redevelopment will be subject to heritage preservation guidelines.

The mainland Seberang Perai will see the emergence of large scale integrated township developments ie. Bandar Cassia in Batu Kawan which is planned to be the third largest township after Bandar Bayan Baru on the Island and Bandar Seberang Jaya in Central Seberang Perai as well as transformation of several other townships such as Bandar Bertam, Bandar Perda dan Bandar Tasek Mutiara. Unlike Penang Island, the future housing trend for mainland Seberang Perai will continue to see more landed properties with features of modern township amenities and services and parks (2 and 3 storey terraced and semi-detached houses and bungalows) being built as landed properties are still the preferred choice.

The future housing trends for Penang Island; more high rise flatted developments and high value niche housing schemes..

Focus on Penang Property and Housing – Part II ( To be continued)

Public Hearing on Draft Penang Structure Plan 2005-2020

Saturday, January 13th, 2007

The Penang State Government has unveiled the Draft Penang Structure Plan 2005-2020 in September 2006. The draft plan, which was prepared by Penang State Town and Country Planning Department, is a written blueprint consists of the state’s policy, direction and strategic proposals on development and land use until year 2020. The last Structure Plan for Penang Island and the mainland Seberang Perai was gazetted on 14th June 1990 and 19th September 1993 respectively.

Following the month-long public display of the Draft Penang Structure Plan 2005-2020, a total of 84 respondents have forwarded their views and objections to the Penang State Town and Country Planning Department. The respondents comprises of representatives from government agencies, political parties, NGOs, various resident associations, REHDA, housing developers and individuals etc.

Consequently, in accordance with Section 10 (3)(b), Malaysia’s Town and Country Planning Act 1976 (Act 172), a public hearing has been held at Mutiara Room 2, 29th Floor, KOMTAR during the period from 11th to 22nd December 2006 whereby each respondent was given half an hour time to present their objections and views on the Structure Plan to the public objections hearing committee. The structure plan is expected to be gazetted this year after the draft report together with the feedbacks and objections gathered during the hearing have been submitted to the higher authority for approval.

Respondents expressing their views /objections to the public hearing committee;

Please come back again for more insights on the Penang property and housing development – its future trends and directions and where are the locational hotspots as expounded in the Penang Structure Plan…(To be continued).