The Housing Integrated Management System or “HIMS” is a single-entry system introduced and implemented by the National Housing Department (Jabatan Perumahan Negara, “JPN”) to replace BLESS, IDAMAN and e-Pemaju. It is a single-entry system developed by the Ministry of Housing and Local Government (Kementerian Perumahan dan Kerajaan Tempatan, “KPKT”), where it acts as a one-stop platform for them to regulate, manage, engage, receive, and gather data relating to housing developments. There are no variations of the Housing Development (Control And Licensing) Act 1966 (“Act 118”) or the Housing Development (Control And Licensing) Regulations 1989 (“Regulations”) that are brought on by HIMS.

FUNCTIONS ON HIMS

There are several functions available on HIMS including but not limited to apply and receive certificate for Developer License (“DL”) and Advertising Permit (“AP”), generate Schedule G, H, I and J, the prescribed form of sale and purchase agreement under the Regulations (“SPA”) via eSPA function that is available in HIMS, for matters in relation to the Housing Developer Account report, and to deliver a copy of the report of the auditor together with a copy of the Developer’s balance-sheet and profit and loss account.

This article will mainly focus of HIMS on the application for DL and AP, and the eSPA function, which will be explained below.

Application for DL and AP

Housing developers are required to apply for their DL and AP through the HIMS platform separately. Each housing developer will have one DL but every housing development under the housing developer will have a separate AP and to be added under one DL. The DL and AP certificate can be generated in HIMS once the JPN has verified and approved the said application. Please note that the developer has to obtain the DL first before the AP application.

Function of eSPA

Furthermore, SPA can be generated and amended through the eSPA module available on HIMS. While the username and password to the HIMS portal will only be provided to the directors of housing developers, housing developers may furnish such login credentials to their respective lawyers as the HIMS account can be accessed on multiple devices simultaneously. Housing developers or their solicitors are required to fill up the variable text fields available in HIMS such as personal information of purchasers, parcel details, and price of the property. There are also fixed text fields such as for the name of developer, proprietor, developer’s license, advertisement permit, land details, approved plans number, and etc. Therefore, housing developers or their solicitors should ensure that the name of developer, AP and DL numbers are accurate as it will be reflected in the eSPA generated through HIMS.

Once all requisite details have been completed, HIMS allows a draft SPA to be generated for verification before the final version is printed. In the case where there are any errors or typographical mistakes, amendments can be made within the eSPA module on HIMS. It is to be noted that there are facilities within the eSPA module of the HIMS, to enable amendments and variations to the contents of the SPA after the proposed amendment(s) has / have been approved by KPKT.

After the SPA has been finalised, the physical printed copy will then be handled normally, ie the copy must be physically signed by the purchaser and stamped. After stamping of a SPA, the stamped copy must be uploaded onto the HIMS portal for data collection by the Ministry and subsequent management between KPKT and the developer-purchaser (if any). In case of any changes in circumstances, the final uploaded stamped copy of the SPA can be cancelled, and the parcel or lot will be then available for a fresh SPA for a new purchaser subject to the conditions fixed by JPN. This will prevent double sale of the same parcel or unit.

THE EFFECT OF THE INTRODUCTION OF HIMS ON SOLICITORS

HIMS does not change the existing conveyancing practice as HIMS is merely an administrative initiative for KPKT to regulate and gather data. Be that as it may, signing and stamping of all SPA are still required to be attended physically and it does not resolve the problems of e-signatures and e-witnessing issues. Moreover, KPKT made it clear that the retention of solicitors on housing development is the absolute commercial prerogative of housing developers. The only effect of HIMS is that now the Scheduled SPAs can only be generated via the HIMS platform, and this platform does not change the legal landscape of solicitors and housing developers.

CONCLUSION

Housing developers are advised to register on the HIMS to access and migrate the relevant information from the previous platforms to the HIMS, and also to consistently monitor further developments of this issue.