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The Tribunal for Housing Purchaser Claims Sarawak was established under the Housing Development (Control and Licensing) Ordinance, 2013 (Chapter 69). Its functions are governed by the Housing Developers (Tribunal for Housing Purchaser Claims) Regulations, 2010.
The Tribunal provides a platform for housing purchasers to resolve disputes with developers arising from the sale and purchase agreement.
The Strata Management Tribunal was established under the Strata Management Ordinance, 2019. Its functions are governed by the Strata Management (Strata Management Tribunal) Regulations, 2024.
The Tribunal handles disputes related to strata properties.
Under the Housing Development (Control and Licensing) Ordinance, 2013, purchasers may bring the following claims before the Tribunal:
Pursuant to section 95(1) of the Strata Management Ordinance, 2019 the Strata Management Tribunal has jurisdiction to hear and determine the following (as specified in Part I of the Ninth Schedule):
No. The Tribunal for Housing Purchaser Claims Sarawak and the Strata Management Tribunal do not provide legal advice. Their role is limited to hearing and determining claims in accordance with the relevant ordinances.
Tribunal officers may explain procedural matters (such as filing requirements, forms and hearing processes), but they cannot interpret the law or advise how it applies to your case.
Tribunal officers or secretariat may assist with procedural matters, such as explaining filing requirements and forms, but they cannot help prepare claims or advise on legal strategy. Parties must prepare and present their own claims.
No. Tribunal officers or secretariat cannot assess the merits of a case/claim or advise or give opinions on the likelihood of success before a hearing.
| Tribunal for Housing Purchaser Claims | Strata Management Tribunal |
|---|---|
| Claims must be filed within 18 months from the date of issuance of the occupation permit or before the expiry of the defect liability period, as set out in the sale and purchase agreement, whichever is later. | A claim may be filed as soon as any of the circumstances set out in Part I of the Ninth Schedule of the Strata Management Ordinance 2019 occur. |
The fee schedule is provided in the First Schedule (Regulation 4) of the Housing Developers (Tribunal for Housing Purchaser Claims) Regulations 2010:
| Proceedings | Forms | Fee (RM) | |
|---|---|---|---|
| 1. | Filing of statement of claim | 1 | 50.00 |
| 2. | Filing of statement of defence and counter-claim | 2 | 50.00 |
| 3. | Filing of defence to counter-claim | 3 | 50.00 |
The fees are prescribed under the First Schedule (Regulation 4) of the Strata Management (Strata Management Tribunal) Regulations, 2024:
| Proceedings | Forms | Fee (RM) | |
|---|---|---|---|
| 1. | Filing of statement of claim for residential | 1 | 100.00 |
| 2. | Filing of statement of claim for commercial/ industrial | 1 | 200.00 |
| 3. | Filing statement of defence and counterclaim for residential | 2 | 100.00 |
| 4. | Filing statement of defence and counterclaim for commercial/industrial | 2 | 200.00 |
| 5. | Filing defence to counter claim for residential | 3 | 100.00 |
| 6. | Filing defence to counter claim for commercial/ industrial | 3 | 150.00 |
| Tribunal for Housing Purchaser Claims | Strata Management Tribunal |
|---|---|
| House purchaser/buyer |
|
| Tribunal for Housing Purchaser Claims | Strata Management Tribunal |
|---|---|
| Under Section 42(1) of the Housing Development (Control and Licensing) Ordinance, 2013, the Tribunal has jurisdiction to hear and determine claims up to RM150,000.00. | Section 95(1) of the Strata Management Ordinance, 2019 provides that the Tribunal may hear and determine claims not exceeding RM250,000.00. |
Formula: LAD = (Purchase Price × LAD rate per annum ÷ 365) × Number of days of delay
Disclaimer: The calculation provided is for illustrative purposes only. It does not constitute legal advice and may not reflect the actual outcome of a claim.
Calculation Example (illustrative):
| Purchase Price | RM154,000.00 |
|---|---|
| Date of Sale and Purchase Agreement | 14 March 2012 |
| Date of Vacant Possession (as per Sale and Purchase Agreement) | 13 March 2014 |
| Date of Issuance of Occupation Permit or Vacant Possession | 18 March 2015 |
| Delay in Delivery (days) | 370 |
| LAD Rate (as per Sale and Purchase Agreement) | 3% per year |
Calculation: LAD = (RM 154,000 × 3% ÷ 365) × 370 days = RM 4,683.29
Note: This calculation is provided for illustration purposes only and does not constitute legal advice. Parties are responsible for stating, calculating and proving their own claims. Tribunal officers or the secretariat cannot calculate LAD for any party, advise on the amount to be claimed, or verify whether a party's LAD calculation is correct.
You should submit all relevant documents required to support your claim. If the documents are incomplete, the Tribunal may request further documents or clarification before the claim proceeds.
Proof of service may include an acknowledgement of receipt, courier consignment note together with delivery status, registered post record, or any other proof showing that Form 1 was served on the Respondent.
Incorrect service may lead to adjournment of the hearing or dismissal of the claim. Please ensure that all documents are served in accordance with the Tribunal's regulations. Proof of service must be submitted to the Tribunal where required.
If the Respondent fails to file Form 2 (Statement of Defence and Counter-Claim) within the prescribed time, the Tribunal may still proceed with the hearing based on the available documents and evidence, if satisfied that Form 1 was duly served on the Respondent.
Form 2 is the Statement of Defence and Counter-Claim. As a Respondent, you must carefully review the Claimant's claim and provide a defence. If you dispute the Claimant's claim, your statement of defence should include particulars explaining why you dispute it. If you wish to make a counter-claim against the Claimant, you should state your counter-claim with relevant particulars and supporting evidence.
After receiving Form 2 (Statement of Defence and Counter-Claim) from the Respondent, the Claimant should carefully review the Respondent's defence and counter-claim. If the Claimant disputes the counter-claim, they must prepare a Defence to Counter-claim (Form 3), stating reasons and supporting evidence.
Once a case has been submitted to the Tribunal, you may check its status through the Tribunal Management System (TriMS). Claims that have been filed may currently be awaiting hearing dates. The official notice of hearing is the primary document indicating the scheduled hearing. A notice of hearing will be issued and served to both parties no less than 14 days before the date of hearing.
You may withdraw your claim by submitting a written notice of withdrawal to the Tribunal. If the case has already been fixed for hearing, you should also notify the other party. The Tribunal will record the withdrawal and close the case.
The hearing will be conducted at the Tribunal for Housing Purchaser Claims Sarawak and Strata Management Tribunal at:
Tingkat 5, Wisma Sultan Tengah
Jalan Sukma, Petra Jaya
93050 Kuching, Sarawak
Where necessary, hearings may be held at other locations.
If you are unable to attend the hearing, you must notify the Tribunal in writing as soon as possible, stating the reasons for your absence. The Tribunal may allow a postponement at its discretion.
If a party fails to attend the hearing without prior notice or sufficient reason, the Tribunal may proceed to hear and determine the case in that party’s absence.
All relevant documents and evidence that support your claim or defence. These may include:
Parties should bring the original documents, where available, together with copies for reference during the hearing. The Tribunal may request to view the original documents where necessary.
A typical hearing usually involves:
a) Opening remarks by the Tribunal
b) Presentation of the Claimant's case and supporting evidence
c) Presentation of the Respondent's case and supporting evidence
d) Questions from the Tribunal
e) Clarification or closing statements from the parties
The actual hearing process may vary depending on the nature of the claim. The Tribunal may make an award after hearing the parties and considering the documents and facts presented.
Hearing dates are scheduled based on case readiness, order of filing and administrative arrangements. Once a claim is fixed for hearing, the notice of hearing will be issued and served on the parties not less than fourteen (14) days before the scheduled hearing date.
Hearings are typically conducted in English or Bahasa Malaysia. Parties may request the use of either language, subject to the Tribunal’s approval. If a party requires an interpreter, they must make arrangements in advance and inform the Tribunal prior to the hearing date.
Awards of the Tribunal are final and binding on all parties to the proceedings. However, a party may challenge a Tribunal award by way of judicial review in the High Court.
The Tribunal itself cannot grant a stay of its award or extend the payment timeline. A party who wishes to seek a stay or other relief should obtain legal advice on the appropriate application to be made to the High Court, where applicable.
If the Respondent does not comply with the Tribunal’s award within the timeframe specified, you may take the following steps:
a) enforce the award through the appropriate court process by appointing your own lawyer; and
b) lodge a complaint with the Tribunal regarding the non-compliance, upon which the Tribunal may open an investigation paper for further action.
These are separate processes. Court enforcement is to compel compliance with the award. Investigation by the Tribunal concerns the offence of non-compliance with a Tribunal award.
No. The Tribunal does not enforce the award on behalf of any party. If a party fails to comply with an award, the successful party may take steps to enforce the award through the appropriate court process. The party may also lodge a complaint with the Tribunal regarding non-compliance, upon which the Tribunal may open an investigation paper for further action.
The Tribunal does not collect payment or recover sums awarded on behalf of any party. Recovery of payment must be pursued by the successful party through the appropriate court process, where applicable.
