National House Buyers Association: 75% consent threshold in redevelopment projects could deprive homeowners of properties

• "The purported redevelopment law will contravene Article 13 of the Federal Constitution, and the passing of such a law will not legitimise it.”

KUALA LUMPUR (March 11): The National House Buyers Association (HBA) proposes an alternative to the establishment of a 75% residents' consent threshold, also referred to as 'en bloc sale', in redevelopment projects, which could potentially deprive homeowners of their properties.

HBA, in a statement on Saturday, said any redevelopment, rejuvenation or renewal plan must receive the consent of all owners.

“Proceeding with a consent threshold with any rate of majority vote will deprive certain homeowners of their properties. As such, the purported redevelopment law will contravene Article 13 of the Federal Constitution, and the passing of such a law will not legitimise it,” it said.

(Read: Urban Renewal Act: Is KPKT biting more than it can chew?,

Potential en-bloc sale under proposed Urban Renewal Act unconstitutional)

In addition, HBA said homeowners should have the freedom to decide how to redevelop their housing schemes without a law that allows the majority and third parties to override the constitutional right of minority homeowners who may have no living relatives or a voice.

According to the association, the country already has the Land Acquisition Act, which includes procedures to ensure no forceful acquisition is undertaken without considering the interests and opinions of all the owners, not just the mere majority.

“Moreover, property lifespans can be improved by carrying out regular maintenance that can preserve, restore and even rehabilitate dilapidated buildings through refurbishment, which is much more sustainable,” it added.

On Dec 12 last year, EdgeProp.my reported Housing and Local Government Minister Nga Kor Ming as saying that the ministry is proposing a 75% consent threshold of residents for en bloc sales involving redevelopment projects.

(Read: KPKT proposes 75% consent threshold for en-bloc sales for urban redevelopment)

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