Rights of strata housing purchasers during delivery of vacant possession: an overview

The delivery of vacant possession (VP) in a strata housing scheme marks a pivotal stage in the transfer of ownership and use of property. In Malaysia, this process is governed by a series of housing and land-related statutes aimed at safeguarding purchasers’ rights. This paper provides an enhanced legal overview of the rights of strata housing purchasers during the delivery of VP, integrating the historical evolution of Malaysia’s strata property framework and analyzing relevant statutes, including the Housing Development (Control and Licensing) Act 1966 (Act 118), the Strata Titles Act 1985 (Act 318), and the National Land Code (Act 828). The paper critically evaluates the legal protections and identifies persistent challenges in areas such as encumbrances, utilities readiness, strata title issuance, defect liability, and the completion of common property. By tracing the development of Malaysia’s strata legislation and case law, this article calls for targeted reforms to improve enforcement, regulatory coordination, and consumer awareness