20190416 (Tue) Can a West Malaysian own land in Sarawak?

20190416 (Tue)

Can a West Malaysian own land in Sarawak?

This is a common question in our conversation with West Malaysian friends, be them the government servants or just business associates.

If you read the Sarawak Land Code, it is complicated. So, I put it as easy to understand manner below.

  1. Non-Sarawakians are NOT allowed to own Agricultural Land in Sarawak.
  2. Non-Sarawakians (citizen of Malaysia) who are permanently resident in Sarawak can own Agricultural Land in Sarawak upon application and approval by the State Planning Authority.
  3. With consent of the Minister (Sarawak Minister of Urban Development and Natural Resources who is also the CM), a foreigner can still own land (under certain class and with conditions).
  4. Non-Sarawakian (who are Malaysians or foreigners) are allowed to own mixed zone land other than agricultural land in Sarawak. This includes residential and commercial land (Special Development) with special conditions.
  5. A native Sarawakian can own most types of land in Sarawak.
  6. After MA63 being restored, children of a native (either father or mother), can now inherit native title land (Native Area Land) from parents.

Amendment to The Constitution regarding “native” in Sarawak.

MA63 amendment passed

For example, you have a friend – a Penangite, who is interested to purchase a Condominium in Kuching which costs RM400,000, this is perfectly okie subject to State Authority Approval.

A common scenario would be this Penang friend of yours prefers landed house, as properties in Penang Island is way too expensive to buy. So, he also wants to purchase a single storey semi detached house with 60 years lease which could cost him RM450,000.  This is also okie (again subject to SA approval). However, if he wants to purchase a plot of land (classification Agriculture) for oil palm plantation (RM8 mio), he has to be a Permanent Resident Status to acquire that land.

Tomorrow, I will write more on the Swk Land Code which is involved in this discussion.

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