- Recently, the Conveyancing Sub-Committee of the Johore Bar (CSC) had a dialogue with the representatives from Majlis Bandaraya Johor Bahru (“MBJB”) on issues relating to the filing of Borang I (Notice for the Change of Ownership) under Section 160 of the Local Government (Act 1971)(Akta Kerajaan Tempatan 1976 – Akta 171))
2. At this meeting:
(a) MBJB sought the co-operation of the Johore Bar Committee to inform its members on the requirement of the filing of Borang I in order for MBJB to update the ownership records of the properties concerned.
(b) The CSC informed MBJB that it is not the duty of a solicitor handling the change of ownership transaction to file the Borang I, unless:
(i) the solicitor has instruction from the client to do so, as this is considered as an additional scope of works;
(ii) the solicitor must then be furnished with the relevant documents; and
(iii) the client must have paid the prescribed fee and requisite filing fees.
(c) The CSC also highlighted to MBJB that a solicitor’s client may file the Borang I on his own, without incurring the additional prescribed legal fee.
(d) MBJB confirmed that the documents required for the filing of Borang I with MBJB are as follows:
(i) A photocopy of the identity card or passport.
(ii) The current assessment receipt.
(iii) A photocopy of the title, or the instrument of transfer with the “resit urusan” issued by the land registry/land office as evidence that the relevant instrument of transfer had been presented for registration.
(e) MBJB has requested the Johor Bar Committee to inform its members that the cheque for the payment of the filing fees shall be issued on the same date as the filing of the Borang I and that each cheque for the payment of the filing fees shall be limited for payment of a maximum of twenty (20) Borang I.
- To enable the filing of the change of ownership to proceed smoothly, members are advised to:
(a) ensure that the current assessment receipt is in the name of the vendor or transferor when taking instructions for the transaction; and
(b) if necessary, to provide in the sale and purchase agreement provisions to the effect that it shall be the vendor’s obligation to furnish the purchaser with a photocopy each of the current quit rent receipt and the assessment receipt in the vendor’s name on the date of execution of the sale and purchase agreement or within a reasonable time period thereafter.
- Please be guided accordingly.