Covid-19: Waivers and Extensions following the closure of Kuala Lumpur Land Registry *Update*
06 May 2020
- Where an instrument is dated on or after 19 December 2019, the waiver of the penalty fees will be granted automatically at the counter and affected parties are not required to meet or apply to the relevant officer empowered under PTGWPKL’s letter dated 24 April 2020 for the waiver.
- Affected parties are granted an extension of three (3) months from the expiry of the MCO period to present the instruments/documents at PTGWPKL without having to pay any penalty fees.
- Where an instrument is dated before 19 December 2019, affected parties are required to meet and apply to the relevant officer for the waiver of penalty fees.
- Any appeals in respect of the waiver of penalty fees which were imposed prior to the implementation of the MCO must be made separately by way of letter.
Waiver of Penalty Fees Payment & Extension of Deadline for Collection of IDT
- Late penalty fees imposed in respect of the collection of original issue document of titles (‘IDT’) only applies to delays in collecting newly issued IDTs or IDTs issued pursuant to section 90(3) of the National Land Code 1965 (‘NLC 1965’) (i.e. Alienation under Final Title).
- The collection of IDTs issued in connection with the presentation of instruments/documents for registration of dealings and non-dealings will not be subject to late penalty fees. However, prompt collection of such IDT is encouraged.
- Where a Notice in Form 5F (i.e. notice issued pursuant to section 90(3) of the NLC 1965) is dated on or before 19 December 2019, the waiver of the penalty fees will be granted automatically and affected parties are not required to meet or apply to the relevant officers for the waiver.
- Affected parties are granted an extension of three (3) months from the expiry of the MCO period to collect the original IDTs from PTGWPKL without being subject to late penalty fees.
Extension of Validity Period for Letters of Consent for Transfer/Charge/Lease
Where a letter of consent had been issued prior to the start of the MCO period and its validity expires during the MCO period, the validity period of the letter of consent will automatically be extended to six (6) months from the date when the MCO is uplifted.
Letters of consent issued by the PTGWPKL during the MCO period will only take effect after the end of the MCO period.
This position is consistent with that stated in PTGWPKL’s
letter dated 22 April 2020.
Comments
This clarification by the PTGWPKL is most welcomed. It is now clear that the waiver of late penalty fees/ extension of deadlines as well as the extension of the validity period of letters of consent to transfer/ charge/ lease etc. will be automatically granted except for instances involving appeals for waiver of penalty fees imposed prior to the implementation of the Movement Control Order which must be made separately by way of letter.
This Alert is written by Oon Hooi Lin (Partner) (oon.hooi.lin@skrine,com) and Catherine Looi (Associate) (catherine.looi@skrine.com) in the Real Estate Practice of Skrine.