Can Singaporeans Own a Property in Malaysia?

As Singaporeans consider retirement or investment opportunities abroad, Malaysia emerges as a popular destination for property ownership. Malaysia's appeal stems from its closeness to Singapore, diverse real estate market, affordable prices, and openness to foreign investors.

This article will explore the intricacies of property ownership in Malaysia specifically for Singaporeans, providing insights and actionable steps for those interested in making this significant investment.

Understanding Foreign Ownership Restrictions in Malaysia

General Rules and Regulations

Foreigners can indeed own property in Malaysia, but there are specific regulations to navigate. The National Land Code of 1965 of Malaysia governs property ownership, stipulating that foreign individuals and companies must obtain approval from state authorities.

Additionally, there are minimum purchase price thresholds that vary by state. Generally, these thresholds start at RM 600,000 (approx. SGD 180,000) for most states, with some exceptions for specific types of properties and locations.

Specific Policies for Singaporeans

Singaporeans face certain unique considerations when purchasing property in Malaysia. For instance, if you currently own a Housing and Development Board (HDB) flat in Singapore, you must fulfill the Minimum Occupancy Period (MOP) before being eligible to buy property in Malaysia.

This period typically lasts five years from the date of purchase. Furthermore, any foreign property ownership must be declared to the HDB, which could impact future eligibility for HDB purchases.

The Malaysia My Second Home (MM2H) Programme

Overview of the MM2H Programme

The MM2H programme is a residency-by-investment initiative designed to attract foreigners looking to live in Malaysia long-term. It allows participants to secure a renewable visa for up to 20 years, making it an attractive option for retirees and expatriates.

Eligibility Criteria for Singaporeans

To qualify for the MM2H programme, applicants must meet specific financial criteria:

• Silver Tier: Minimum deposit of RM 500,000 (approx. SGD 150,000) and purchase of property worth at least RM 600,000 (approx. SGD 180,000).
• Gold Tier: Minimum deposit of RM 2 million (approx. SGD 600,000) with a property purchase requirement of RM 1 million (approx. SGD 300,000).
• Platinum Tier: Minimum deposit of RM 5 million (approx. SGD 1.5 million) with a property purchase requirement of RM 2 million (approx. SGD 600,000).

Property Ownership Rights Under MM2H

Participants in the MM2H programme enjoy reduced minimum purchase prices compared to standard foreign ownership requirements.

This makes it easier for Singaporeans to invest in Malaysian real estate while securing long-term residency benefits.

Other Ways for Singaporeans to Own Property in Malaysia

Company Ownership

One alternative route is to form a Malaysian company. By establishing a company registered in Malaysia, Singaporeans can buy properties without facing the same restrictions as individual foreign buyers.

• Legal and Tax Implications: While this route offers flexibility, it also comes with legal responsibilities and potential tax implications that must be carefully considered. Engaging local legal counsel is advisable to navigate these complexities effectively.

Joint Venture

Another option is to partner with a Malaysian citizen or company. This joint venture can facilitate property purchases while sharing financial risks.

• Considerations and Challenges: While this method can ease some restrictions on foreign ownership, it requires trust and clear agreements between partners to avoid potential disputes.

Key Considerations for Singaporeans Buying Property in Malaysia

Legal and Tax Implications

Understanding local laws is crucial when purchasing property overseas. Foreign buyers need to be aware of:

• Stamp Duty: Effective January 1, 2024, foreign buyers (non-citizens and foreign-owned companies, excluding Malaysian permanent residents) are subject to a flat stamp duty rate of 4% on the instrument of transfer, regardless of the property's value.
• Legal Fees: As of July 15, 2023, the Solicitors' Remuneration Order 2023 (SRO 2023) revised legal fees for property transactions.

The scale is as follows:

1. First RM 500,000 (approx. SGD 150,000): 1.25% (subject to a minimum fee of RM 500 (SGD 150))
2. Next RM 7,000,000 (approx: SGD 2.1 million): 1.00%
3. Amounts above RM 7,500,000 ( approx: SGD 2.25 million): Negotiable, but not exceeding 1% of the excess.

Note: These rates apply to both the Sale and Purchase Agreement (SPA) and Loan Agreement. Consulting with legal experts familiar with Malaysian property law can help ensure compliance and mitigate risks.

Financial Considerations

Several financial factors should be evaluated:

• Currency Exchange Rates: Fluctuations between the Malaysian Ringgit (MYR) and Singapore Dollar (SGD) can impact your investment's value.
• Transaction Costs: These include legal fees, stamp duty, maintenance fees, and potential renovation costs.

Being financially prepared will help avoid unexpected expenses during the purchasing process.

Cultural and Lifestyle Differences

Adapting to life in Malaysia involves understanding local customs and regulations.

• Cultural Awareness: Familiarising yourself with Malaysian culture can enhance your living experience.
• Local Regulations: Each state may have different rules regarding property ownership; thus, researching specific areas is essential.

Conclusion

Owning property in Malaysia presents an exciting opportunity for Singaporeans looking to invest or retire abroad. While there are challenges such as navigating legal requirements and understanding cultural differences, the potential benefits are significant.

Before making any investment decisions, it's crucial to seek professional advice tailored to your specific situation. Engaging local experts can provide invaluable support throughout the buying process.

Given the variability in regulations across different states and potential changes in policies, it's crucial to obtain the most current information from official sources or qualified professionals before proceeding with a property purchase in Malaysia.

FAQs

Can I buy property in Malaysia if I am not part of MM2H?

Yes, foreigners can buy property without being part of MM2H; however, they must adhere to higher minimum purchase prices and other regulations. (Varies by the states of Malaysia).

What types of properties can I buy?

Foreigners can generally purchase high-rise residential units (like condominiums), landed properties (such as bungalows), and commercial properties subject to state regulations.

Note:

Properties on Malay Reserved Land are off-limits to non-Malaysians.

• Low and medium-cost residential units, as defined by state authorities, are typically reserved for local citizens.
• Properties allocated for Bumiputera interests in any development project are not available to foreigners.

Do I need a local partner to buy property?

No, but having a local partner can simplify some processes and help navigate local laws effectively.

Checklist for Buying Property in Malaysia

• Research state-specific regulations on foreign ownership.
• Consult with legal experts on tax implications.
• Understand currency exchange impacts on your investment.
• Explore financing options available for foreigners.
• Familiarise yourself with cultural norms before relocating.