Risks of Buying Property in Malaysia

Penang Georgetown Heritage Houses

Malaysia’s vibrant economy and strategic location have made it an attractive country for real estate investors, both local and foreign.

However, as with any investment, the Malaysian property market comes with its own set of risks and potential pitfalls.

Between foreign ownership limits, currency risk, and “Bumiputra only” perks, Malaysia isn’t always a simple place to invest. It’s only easy compared to elsewhere in Southeast Asia!

Let’s explore some key challenges and risks that investors should know when navigating Malaysia’s real estate market.

Legal Barriers and Ownership Limits

One of the primary risks in the Malaysian property market is the potential for legal and ownership disputes.

Scams involving the sale of properties with unresolved legal issues or multiple ownership claims are not uncommon.

Likewise, buyers may unknowingly purchase a property with outstanding inheritance disputes or unsettled debts, leading to complex legal battles.

Another legal consideration is the issue of land titles.

Malaysia’s historical land tenure systems can result in strange ownership structures which makes it crucial to figure out the legitimacy of property titles before making a purchase.

Malay Reserve Land and Bumiputera lots, for example, are always subject to ownership restrictions that can be challenging for non-Malaysians to navigate.

To mitigate these risks, investors must conduct thorough due diligence, engage trusted real estate agents, and work with lawyers who are well-versed in Malaysian property laws.

Bumiputera Lot Quotas

Foreign investors in Malaysia need to be aware of the Bumiputera lot quota system.

A certain percentage of properties in any development are allocated as Bumiputera lots, reserved for the indigenous Malay population as part of affirmative action policies.

Inadvertently purchasing a Bumiputera lot can lead to the transfer of ownership being voided, resulting in significant legal and financial complications.

Foreign Purchase Minimums

Another consideration for foreign investors is the minimum purchase price policy.

Each state in Malaysia sets a minimum price threshold for properties that can be purchased by foreigners.

In most states, the minimum requirement is RM1,000,000 for any type of house or condo. This is the case in Kuala Lumpur or Johor Bahru.

Penang’s minimum depends on the type of real estate you’re buying. Houses and landed property located on Penang Island itself have a minimum of RM1,800,000 while condos are RM800,000.

The minimum price in Penang is far less if you’re looking on the mainland. Outside of the island itself, it’s RM750,000 for landed titles and only RM400,000 for condos.

Meanwhile, smaller states including Kedah and Sarawak set the foreign minimum purchase price at RM600,000 – substantially less than elsewhere in Malaysia.

It can get rather complicated depending on the state, but researching the foreign minimum requirements is important. 

bumi-lot-malaysia

Malaysia’s historical land tenure systems can result in strange ownership structures, making it crucial to figure out the legitimacy of property titles before making a purchase.

Failing to adhere to the minimum purchase price can invalidate the transaction, leading to financial losses and legal issues.

Because of this, it’s crucial for foreign investors to be informed about the current minimum in the state where they’re purchasing any type of property in Malaysia.

The Ringgit’s Volatility

Malaysia’s property market is not immune to the influence of external factors such as global economic trends and currency fluctuations.

These factors can impact property values and rental income, creating a level of volatility that investors must carefully consider.

The country’s property market has experienced cycles of growth and slowdown. Currently, there’s a significant “property overhang” in most large Malaysian cities – a situation where completed properties remain unsold for an extended period.

Foreign and local investors alike should be mindful of these market cycles as the Malaysian ringgit has proven rather volatile over the past decade.

Low Rental Yields

For investors looking to generate rental income from their Malaysian properties, securing tenants and maintaining a stable cash flow can be a challenge.

While the average annual rental return in Klang Valley, for example, is around 3%, this is not a guaranteed figure.

And of course, investors must factor in periods of vacancy and the costs associated with maintenance.

The gross rental yield isn’t what you’ll end up getting. You’ll have to factor in repairs, tax, realtor commissions, and vacancy.

Needless to say, these unforeseen expenses can impact a rental property’s overall return.

Financing and Interest Rates

If you’re a foreigner, it’s almost impossible to get a mortgage on real estate in Malaysia. The banks simply won’t give you a loan unless you’re a citizen.

With that said, any local investors who rely on loans to finance their property purchases in Malaysia should understand the potential risks associated with interest rates.

 

Klang Valley property

Klang Valley is the most important zone for Malaysia, economically. Yet an annual return of 3% is not even guaranteed for property in this area.

If an investor has taken out a variable interest rate loan, there’s a risk that the repayments could increase beyond the return generated by the property.

As such, you should consider all financing options and understand the potential for interest rate fluctuations.

Capital Gains and Real Property Gains Tax

Foreign investors in Malaysia need to be aware of the tax implications of their property investments.

Perhaps most notably, the Real Property Gains Tax (RPGT) is levied on the profit gained from the sale of property in Malaysia and is a form of capital gains tax.

RPGT rates for foreigners are significantly higher compared to Malaysian citizens, especially if the property is sold within a few years of purchase.

Failing to factor in the RPGT when calculating potential returns can lead to a substantial reduction in profit.

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