Buying a home isn’t just clicks and forms: Malaysian Bar warns Housing Integrated Management System doesn’t replace legal safeguards

KUALA LUMPUR, Feb 10 — Malaysian Bar stressed that the Housing Integrated Management System (HIMS) under the Ministry of Housing and Local Government does not govern or replace the legal stages of a housing transaction.

Malaysian Bar president Mohamad Ezri Abdul Wahab said HIMS is an administrative platform used for eligibility assessment, balloting and unit allocation.

“The Malaysian Bar notes the ongoing use and expansion of the HIMS, and welcome the digitalisation of public administration, as it offers benefits in terms of transparency, efficiency and data integrity. The system simplifies the application, allocation and monitoring of affordable housing.

“However, once a buyer is allocated an unit, the process becomes contractual, statutory and financial. At that point, the rights and liabilities of purchasers and developers are governed by written law, including the Housing Development (Control and Licensing) Act 1966, the standard statutory sale and purchase agreements, the National Land Code, and related regulations,” he said.

Mohamad Ezri said the legal dimension of home purchases has not been adequately factored into the design or public communication of HIMS despite longstanding government recognition that housing buyers are vulnerable and require legal protection.

He said this recognition led to the introduction of mandatory statutory sale and purchase agreements, defect liability regimes, liquidated damages provisions and the establishment of the Tribunal for Homebuyer Claims.

The Malaysian Bar warned that failure to address these gaps could create the perception that buying a home is merely an administrative process, potentially exposing purchasers to legal and financial risks.

It added that under Section 37 of the Legal Profession Act 1976, legal advice may only be provided by an advocate and solicitor, and non-lawyers are prohibited from advising purchasers on legal matters.

“If the public enters the contractual stage without proper legal advice, they will be exposed to risks including defective contracts, unenforced rights, disputes over defects, delays and financial loss,” he said.

Mohamad Ezri also urged the ministry to incorporate an advisory notice within HIMS to inform purchasers when legal advice is required and to include the legal community as a stakeholder in future housing digitalisation efforts. — Bernama