I REFER to Dr Goh Ban Lee’s column “Refund illegal consent fees” in theSun
of Aug 14 wherein he wrote: “Unfortunately, many who sold properties after April
12 have been asked to pay consent fees. It is possible that the errant
developers did not know of the new ruling and many lawyers involved in property
transactions were also in the dark.”
This may not be correct as it is not possible that many
lawyers were in the dark about section 22D of the Housing Development (Control &
Licensing) Act 1966 which came into force on April 12 this year.
The Bar Council had informed all legal practitioners of the
section before and afterApril 12. Since then, my committee had also conducted
many talks for lawyers about this section and the implications arising out of
non-compliance with it.
Lawyers have also been reminded that section 22D(5) provides
that any person (and that includes a lawyer) who requires any consent from a
housing developer to an assignment shall be guilty of an offence and shall, on
conviction, be liable to a fine which shall not be less than RM50,000 but which
shall not exceed RM100,000 or to imprisonment for a term not exceeding three
years or to both.
Roger Tan
Chairman
Conveyancing Practice Committee
Malaysian Bar Council
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