Frequently Asked Questions

Common questions and answers related to a specific topic, product, or service designed to help users quickly find information

Top queries (most frequently asked questions) when buying a residential property in Malaysia

  • Terrace houses, semi-D, bungalows

  • Apartments, condominiums, serviced residences

  • Leasehold vs. freehold titles

Yes—foreigners are allowed to buy residential property in Malaysia, subject to specific rules and restrictions.

  • Foreigners can purchase residential properties (e.g. condominiums, apartments, landed houses) provided they meet minimum price thresholds.
  • Minimum price threshold, varies by state (RM600,000 to RM1 million)

  • Cannot buy low-cost housing, Malay Reserve land, or certain strata units

  • Freehold: Permanent ownership

  • Leasehold: Owned for a set period (usually 99 years); needs renewal after expiry

  • BSN MyHome, Skim Rumah Pertamaku, i-Biaya, Rumah Selangorku and others

  • Stamp duty exemptions for first-time buyers under a certain price (e.g., RM500k)

Buying a property in Malaysia involves a structured legal process. Whether you’re a foreigner or a local, the steps are broadly similar, but foreigners need additional approvals.

Step-by-Step Guide to Property Purchase in Malaysia

  • Choose Property and Make an Offer
  • Apply for Loan (Optional)
  • Hire a Lawyer
  • Sign the Sale and Purchase Agreement (SPA)
  • Apply for State Consent (Foreigners Only)
  • Pay the Balance Purchase Price
  • Property Transfer and Title Registration
  • Final Handover

Includes; 

  • Down payment (usually 10%)

  • Legal fees (SPA + loan agreement)

  • Stamp duty

  • Valuation fee (for bank loan)

  • MOT (Memorandum of Transfer) stamp duty

Documents Required to Buy Property in Malaysia

Identification Documents (foreigner)

  • Copy of passport (certified true copy, all relevant pages)

  • Visa or residency permit (if applicable, e.g. MM2H)

  • Proof of current address (utility bill, tenancy agreement, etc.)

  • Tax identification number (from your home country, if relevant for financing or due diligence)

Financial Documents

  1. Bank statements (typically 3–6 months)

  2. Employment letter or proof of income

  3. Income tax returns or payslips

  4. Credit report (some banks may request this)

  5. MM2H financial proof (e.g. fixed deposit statements, if buying under MM2H)

Sale and Purchase Agreement (SPA)

  • Drafted and signed by buyer and seller

  • Includes full terms: price, payment schedule, completion time, conditions

  • Must be stamped and filed with the Inland Revenue Board (LHDN)

State Authority Consent Application (For Foreigners)

  • Form 14A (Memorandum of Transfer)

  • Stamped SPA

  • Passport copy

  • Property details & valuation

  • Application letter and form (state-specific)

  • Payment of application fees (varies by state)

Loan Documentation (If applicable)

  • Loan Agreement (prepared by bank’s lawyer)

  • Facility offer letter (mortgage terms)

  • Letter of instruction for fund release

  • Charge documents (to register the bank’s interest in land office)

Other Supporting Documents

  • Land Title / Strata Title (from seller—freehold or leasehold)

  • Valuation report (for mortgage or tax purposes)

  • Utility clearance letters (e.g. from TNB, water board, management office)

  • Quit rent & assessment receipts (from seller)

Optional but Helpful Documents

  • 💡 Letter of Offer / Booking Form (initial document showing purchase intent)

  • 💡 Tenancy agreement or income proof (if property is intended for rental or investment)

  • 💡 MM2H approval letter (if buying under the Malaysia My Second Home program)

  • Local buyers can get up to 90% loan margin (for first two properties)

  • Subject to Debt Service Ratio (DSR), income level, credit score (CCRIS/CTOS)

  • Under Section 433B of the National Land Code

  • Required before the transfer of ownership

  • Takes 1–3 months, depending on the state

  • Can be rejected if:

    • Property is on Malay Reserve Land

    • Below state minimum price

    • Falls under Bumiputera quota

    • Located in restricted zones (some areas are off-limits to foreigners)

Foreigners cannot buy:

  • Malay Reserve Land

  • Bumiputera-only lots

  • Low- and low-medium-cost housing

  • Government-subsidized housing (e.g. RUMAH PR1MA)

  • Agricultural land (unless specifically approved and converted to residential)

  • Condominiums and serviced apartments

  • Landed property in gated communities (in some states)

  • Commercial-titled properties with residential usage (e.g., SoHo)

  •  
  • Yes. Foreigners must get State Authority Consent, which is normally granted unless restricted.

Typical thresholds:

  • Kuala Lumpur: RM1 million

  • Selangor: RM2 million (landed); RM1.5 million (strata)

  • Penang: RM800,000 (mainland); RM1 million (island)
    (Each state has its own rules)

If you’re financing the purchase from abroad or plan to repatriate sale proceeds later, you must:

  • Declare the source of funds

  • Use an authorized dealer bank to comply with Bank Negara Malaysia (BNM) foreign exchange rules

  • Ensure SPA and transaction are properly registered and stamped (to avoid issues during repatriation)

Foreigners can own both, but leasehold titles require careful review:

  • Check remaining lease tenure (banks typically avoid <60 years)

  • For lease extensions, you must apply to the Land Office, which may charge a premium

  • Some leasehold titles don’t allow transfer to foreigners without special consent

If buying a condo or apartment:

  • Ensure the Strata Title is issued

  • Review the Management Corporation (MC) rules (some buildings restrict Airbnb, short-term rentals, etc.)

  • Check for outstanding maintenance or sinking fund fees

  • Understand foreign owner limits (some developments cap foreign ownership at 30%–50%)

  • Can get 60–80% loan margin, but approval is stricter than for locals

  • Must provide more extensive documentation (bank statements, tax returns, etc.)

  • Some banks limit loans to properties above RM 1 million

Tax on the gain when selling property:

  • 30% (within 3 years), then decreases

  • No RPGT for Malaysian citizens after 5 years

  • Foreigners always pay 10% RPGT after 5 years

If buying under the Malaysia My Second Home (MM2H) program:

  • Must purchase a property within specific price bands (e.g. RM 600K–1M+)

  • Some tiers require holding the property for 10+ years

  • Failing to comply may revoke your visa

  • Yes,

    • Most require:

      • 20%–30% down payment (max 70% loan margin)

      • Proof of income (employment letter, payslips, bank statements)

      • Valid visa/passport

      • Some banks require local guarantor or co-borrower

    💡 CIMB, Maybank, HSBC, and Standard Chartered have expat mortgage packages.

    some local banks offer loans to foreigners (margin usually 60–80%)Not all banks offer to foreigners

  • Requires proof of income, valid visa/passport, and higher down payment

  • Yes, possible. But both names must be on loan and SPA

  • For foreigners, joint purchase with Malaysian spouse is allowed but may require special approval

  • Yes, locals and foreigners can rent out property

  • For strata properties, condo management rules may apply

No additional taxes, but the usual charges apply:

  • Stamp duty on SPA: 1–4% (same as locals)

  • Legal fees: ~1% of purchase price

  • Valuation + bank fees: if applying for a local mortgage

Malaysia is more foreign-friendly than many Asian countries

Yes, if you’re a foreigner buying:

  • Landed property (especially in Selangor, Penang, Johor)

  • Commercial property

  • Property via a foreign company

Approval is issued by the State Authority and may take 1–3 months. Strata condos often do not need approval unless specified by state.

Yes, for medium to long-term investors:

  • Strong rental markets in KL, Selangor, Penang, Johor

  • Lower prices compared to Singapore/HK

Buying a property does not automatically give you a visa, but:

  • You can apply for Malaysia My Second Home (MM2H) or Sarawak-MM2H

  • Owning property strengthens your MM2H visa application

📌 MM2H visa requires minimum income + liquid assets

Top FAQs for renting a Residential Property in Malaysia

Yes, foreigners can rent all types of residential property, including:

  • Condominiums & apartments

  • Serviced residences

  • Landed houses (terrace, semi-D, bungalow)

  • Gated communities

There are no restrictions on rental by nationality or visa type (e.g. MM2H, student visa, work permit, etc.).

Property Search

  • Choose based on:

    • Location

    • Budget

    • Furnishing level (fully / partially / unfurnished)

    • Access to transport, schools, hospitals

Booking & Letter of Offer

  • Pay a booking deposit (typically 1 month’s rent) to secure the unit

  • Sign a Letter of Offer / Intent to Rent

Tenancy Agreement

Legally binding contract between tenant and landlord Includes:

  • Names of parties
  • Rental amount and due date
  • Security deposit terms
  • Duration (usually 1 or 2 years)
  • Utility responsibilities
  • Clause for renewal or early termination
  •  

Stamp Duty (LHDN Requirement)

  • Tenancy agreements must be stamped at LHDN (Inland Revenue Board)

  • Paid by tenant (unless agreed otherwise)

Move-In & Inventory Check

  • Review and sign inventory checklist (furniture, condition of walls, appliances)

  • Take photos of existing damage

  • Get access cards, keys, mailbox access, etc.

  • Copy of passport
  • Valid Visa/pass/work permit/MM2H letter
  • Employment letter or offer letter
  • Reference (optional)
  • Proof of income or bank statement

  • Some landlords may request a local guarantor

 

Tenancy is usually renewable with mutual agreement.

  • Give 2 months’ notice if leaving

  • Landlord returns deposit after:

    • Final inspection

    • Deducting damages or unpaid bills

  • Ask to see the land title or quit rent (cukai pintu)

  • Deal through a licensed real estate agent

  • Ensure the landlord’s name matches the owner on the title

 

No. Agreements vary. Read carefully for:

  • Duration

  • Termination clause

  • Deposit refund terms

  • Repairs and maintenance responsibilities

 

No, unless it is stated in the contract. Rent is usually renegotiated upon renewal.

After inspection, if no damage or unpaid bills are found, the landlord must refund within a reasonable period (14–30 days).

Yes. Tenants typically pay the tenancy agreement stamp duty, based on rental amount and lease duration.

  • Parties Involved – Landlord (Lessor): The legal property owner.
  • Tenant (Lessee): The person renting the property.
  • Property Details – Full address and type of property (e.g., apartment, condo, landed house).

  • Includes parking bays (if any), fixtures, and furnishings.

  • Tenancy Period – Common durations: 1 or 2 years.

  • Option to renew with or without changes in rent (should be stated clearly).

  • Rental Amount – Monthly rent amount (e.g., RM2,000/month).

  • Due date (usually by the 1st–7th of each month).

  • Payment method (bank transfer, cash, cheque).

  • Deposit  Structure – Security Deposit: 2 months’ rent (refundable at end of tenancy).

  • Advance Rent: 1 month’s rent (covers the first month).

  • Utilities Deposit: 0.5 month’s rent (for unpaid bills).

  • Utility Bills & Charges – Tenants usually pay for:

    • Electricity, water, internet, Indah Water, and Astro (if applicable).

  • Maintenance & Repairs – Landlord usually pays for:

    • Property quit rent and assessment tax.

  • Tenant: Minor repairs and keeping the property in good condition.

  • Landlord: Major repairs, structural faults, or replacement of provided appliances.

  • Use of Premises – Residential use only.

  • No illegal activities, commercial use, or subletting unless with written consent.

  • Termination Clause / Diplomatic Clause – Early termination is usually not allowed unless there’s a diplomatic clause (common for expats).

  • Diplomatic clause: Tenant may terminate after 12 months with 2 months’ notice if transferred overseas or job ends.

  • Renewal Option – Typically gives the tenant the first right to renew the tenancy.

  • Terms of renewal (rent increase, notice period) should be stated.

  • Inspection & Handover – Property should be handed back in original condition (excluding normal wear and tear).

  • Inventory List ( If  furnished) An inspection checklist is often included.

  • Detailed list of all furniture, appliances, and their condition and Signed by both parties during handover.
  • Pets Policy: Usually not allowed in condos unless approved by management.

  • Smoking Policy: Often restricted to balconies or outdoors.

  • Subletting: Not allowed unless written consent is given by landlord.

 

Quation about Selling