Bumiputera Lot Declaration (Malaysia)
Declaration Header
STATUTORY DECLARATION (Under the Statutory Declarations Act 1960, Act 13) I, [Declarant Name] (MyKad No.: [Declarant I C]), of [Declarant Address], do solemnly and sincerely declare as follows:
Bumiputera Status
1. BUMIPUTERA STATUS 1.1 I am a citizen of Malaysia and I am a Bumiputera person within the meaning of Article 160(2) of the Federal Constitution of Malaysia, being a person of [Bumiputera Status] ethnicity[Specific Ethnicity]. 1.2 My Bumiputera status is verified by my MyKad bearing the racial designation consistent with the above declaration, issued by the Department of National Registration (Jabatan Pendaftaran Negara) of Malaysia. 1.3 I am entitled to purchase a Bumiputera-reserved lot or unit in a housing development in Malaysia under the Bumiputera housing quota policy of the [Property State] State Government.
Property and Purchase
2. PROPERTY AND PURCHASE 2.1 I am purchasing the following Bumiputera-reserved property (the "Property"): Development Name: [Development Name] Unit / Lot Address: [Unit Address] Lot / Parcel Number: [Lot Number] Developer: [Developer Name] HDL Number: [Developer H D L] State: [Property State] 2.2 I am the genuine and beneficial purchaser of the Property for my own use and occupancy or investment. I am not acting as a nominee, proxy, or agent for any non-Bumiputera person in this purchase. 2.3 I acknowledge that acting as a nominee purchaser for a non-Bumiputera person constitutes an offence under Section 415 of the Penal Code (Act 574) and may render the transaction void under Section 340(2)(b) of the National Land Code 1965. 2.4 I confirm that I have not previously purchased a Bumiputera-reserved unit in this same development (unless permitted by the developer or state authority).
Undertaking and Signature
3. UNDERTAKING 3.1 I undertake to comply with all conditions attached to the Bumiputera-reserved status of the Property, including any restriction on transfer to non-Bumiputera persons endorsed on the title under Section 214 of the National Land Code 1965 without the prior written consent of the [Property State] State Authority (Pihak Berkuasa Negeri). 3.2 I acknowledge that making a false declaration is an offence under Section 199 of the Penal Code (Act 574), which carries a maximum penalty of three (3) years' imprisonment and a fine. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1960 (Act 13). Declared at [Property State] on [Declaration Date]. ___________________________ DECLARANT [Declarant Name] (MyKad No.: [Declarant I C]) Before me: ___________________________ [Commissioner Name] Commissioner for Oaths [Commissioner Address]
Declarant
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Signature
Commissioner for Oaths
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Signature
What Is a Bumiputera Lot Declaration (Malaysia)?
A Bumiputera Lot Declaration in Malaysia is a formal statutory declaration (akuan berkanun) made by a prospective property purchaser confirming their status as a Bumiputera — a Malay person or another indigenous person as defined in Article 160(2) of the Federal Constitution of Malaysia — and their entitlement to purchase a Bumiputera-reserved lot or unit in a housing development. The declaration is a prerequisite to the completion of a Sale and Purchase Agreement for a Bumiputera-reserved unit.
The Bumiputera housing quota is a central component of Malaysia's New Economic Policy (NEP), introduced following the May 13, 1969 racial riots and formally implemented through the Second Malaysia Plan (1971–1975). Under the Bumiputera housing quota policy, housing developers are required to set aside a specified percentage of units — typically 30% to 50% depending on the state — in each residential development for sale exclusively to Bumiputera purchasers at a discount of 5% to 15% below the non-Bumiputera price. The policy is administered at the state level and varies between states: Selangor, Kuala Lumpur, Penang, Johor, and other states each have their own specific requirements administered by their respective State Economic Planning Units (UPEN) and State Land Offices.
Bumiputera-reserved lots and units may only be sold, transferred, or assigned to another Bumiputera individual during the restriction period (typically 10 years from first sale). A Bumiputera owner who wishes to sell a Bumiputera-reserved unit to a non-Bumiputera purchaser, or who has held the unit for less than the restriction period, must first obtain a release of the Bumiputera restriction from the relevant state authority (Pihak Berkuasa Negeri) under Section 214 of the National Land Code 1965.
A Bumiputera Lot Declaration must be made as a statutory declaration under the Statutory Declarations Act 1960 (Act 13), which means it must be affirmed before a Commissioner for Oaths (Pesuruhjaya Sumpah) appointed under the Commissioners for Oaths Act 1959 or before a Magistrate. Making a false statutory declaration is a criminal offence under Section 199 of the Penal Code (Act 574), which carries a maximum sentence of three years' imprisonment.
The legal framework governing the Bumiputera Lot Declaration (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a Bumiputera Lot Declaration (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Federal Constitution of Malaysia sets the foundational requirements.
When Do You Need a Bumiputera Lot Declaration (Malaysia)?
A Bumiputera Lot Declaration in Malaysia is required at several stages in the purchase of Bumiputera-reserved property.
A Bumiputera Lot Declaration is needed when a Bumiputera purchaser enters into a Sale and Purchase Agreement for a Bumiputera-reserved unit in a housing development. The developer's solicitors require the declaration before executing the SPA to verify the purchaser's Bumiputera status and eligibility.
A Bumiputera Lot Declaration is required when a Bumiputera purchaser applies for a housing loan facility from a bank regulated by Bank Negara Malaysia to finance the purchase of a Bumiputera-reserved unit. Banks require the declaration to confirm the purchaser's eligibility and the validity of the underlying SPA.
A Bumiputera Lot Declaration is needed when a Bumiputera owner of a restricted unit applies to the state authority for a release of the Bumiputera restriction — to enable the sale of the unit to a non-Bumiputera purchaser after the restriction period, or for specific exempted transactions.
A Bumiputera Lot Declaration is required when a Bumiputera purchaser applies to transfer a Bumiputera-reserved unit to another family member — such as a spouse, child, or parent — and the state authority requires confirmation that the transferee is also Bumiputera.
A Bumiputera Lot Declaration is needed in estate administration proceedings under the Probate and Administration Act 1959 (Act 97) where a Bumiputera-restricted property forms part of a deceased person's estate, and the beneficiary must declare Bumiputera status before the property can be transmitted to them by the personal representative.
Parties in Malaysia should prepare a Bumiputera Lot Declaration (Malaysia) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Bumiputera Lot Declaration (Malaysia)
A complete Bumiputera Lot Declaration for Malaysia must contain the following essential elements to satisfy state authority and developer requirements.
Declarant's identity: Full legal name exactly as stated on the MyKad, IC number, current residential address, and contact number. The name and IC number must match the Sale and Purchase Agreement and any loan facility documents.
Bumiputera status: A statement of the declarant's ethnicity — Malay (Melayu), Orang Asli (aboriginal person of Peninsular Malaysia), Bumiputera Sabah (listing the specific ethnic group, e.g., Kadazan-Dusun, Bajau, Murut), or Bumiputera Sarawak (listing the specific ethnic group, e.g., Iban, Bidayuh, Melanau) — as defined in Article 160(2) of the Federal Constitution and the Malaysia Agreement 1963 for Sabah and Sarawak.
Property details: Full address, unit number, development name, and lot number of the Bumiputera-reserved unit being purchased. The developer's name, HDL number, and the state in which the development is located.
Declaration of eligibility: A clear declaration that the declarant is a Bumiputera person within the meaning of Article 160(2) of the Federal Constitution, that the declarant has not previously purchased a Bumiputera-reserved unit in the same development (if required by the developer or state authority), and that the declarant is the actual beneficial purchaser (not a nominee for a non-Bumiputera person).
Anti-nominee declaration: A specific declaration that the declarant is purchasing the unit for their own genuine use and not as a nominee or proxy for a non-Bumiputera person, as nominee purchases are void under Section 9 of the Housing Development (Control and Licensing) Act 1966 (Act 118) and may constitute a criminal offence.
Commissioner for Oaths attestation: The declaration must be affirmed before and witnessed by a Commissioner for Oaths (Pesuruhjaya Sumpah) under the Commissioners for Oaths Act 1959, with the Commissioner's name, seal, and date of attestation. Making a false declaration is an offence under Section 199 of the Penal Code (Act 574).
Additional compliance elements for a Bumiputera Lot Declaration (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Bumiputera Lot Declaration (Malaysia) (Malaysia) [Legal document template]. Forms Legal. https://forms-legal.com/malaysia/government/declarations/bumiputera-lot-declaration-malaysia
"Bumiputera Lot Declaration (Malaysia) (Malaysia)." Forms Legal, 2026, https://forms-legal.com/malaysia/government/declarations/bumiputera-lot-declaration-malaysia.
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Bumiputera status for property purchase purposes in Malaysia is defined by Article 160(2) of the Federal Constitution, which defines 'Malay' as a person who professes the Muslim religion, habitually speaks the Malay language, and conforms to Malay custom. More broadly, the term Bumiputera encompasses Malays, the Orang Asli (indigenous peoples of Peninsular Malaysia as defined in the Aboriginal Peoples Act 1954), and the indigenous peoples of Sabah and Sarawak under the Malaysia Agreement 1963. For Sabah, Bumiputera includes Kadazan-Dusun, Bajau, Murut, and other designated indigenous ethnic groups. For Sarawak, Bumiputera includes Iban, Bidayuh, Melanau, Penan, and other indigenous communities listed in the Sarawak Interpretation Ordinance. Malaysian citizens of Chinese or Indian descent are not classified as Bumiputera for housing quota purposes. A person's Bumiputera status is verified through their MyKad (which records race/ethnicity) and, if required by the state authority, a letter of confirmation from the Department of National Registration (Jabatan Pendaftaran Negara).
A Bumiputera owner of a Bumiputera-restricted property in Malaysia may sell the property to a non-Bumiputera purchaser only after obtaining a release of the Bumiputera restriction from the relevant state authority (Pihak Berkuasa Negeri) under Section 214 of the National Land Code 1965. The restriction on Bumiputera-reserved units is endorsed on the title document and prevents any transfer, assignment, or charge to a non-Bumiputera person without state authority consent. Applications for release of the restriction are submitted to the State Land Office (Pejabat Tanah dan Galian) of the relevant state. The state authority has discretion to grant or refuse the release. In practice, states such as Selangor require the owner to have held the property for a minimum of 10 years before a release will be considered. The release fee varies by state. Transfers to other Bumiputera purchasers during the restriction period do not require a release but still require the transferee to file a Bumiputera Lot Declaration.
The Bumiputera discount on property in Malaysia is a price reduction given to Bumiputera purchasers of Bumiputera-reserved units in a housing development, as a requirement of the state government's Bumiputera housing quota policy under the New Economic Policy (NEP). The discount is applied to the selling price of the Bumiputera-reserved unit relative to the price charged to non-Bumiputera purchasers for equivalent units in the same development. The discount rate varies by state: Selangor typically requires a 5% Bumiputera discount; Penang requires 7% to 15% depending on the development category; Johor requires 5%; and other states have their own rates as published in their respective state government housing policies. The discount is applicable to the initial purchase price from the developer and does not restrict the sale price in subsequent resale transactions. Developers are required to reserve the specified percentage of units for Bumiputera purchasers under their development licence conditions.
Purchasing a Bumiputera-reserved unit as a non-Bumiputera, or acting as a nominee for a non-Bumiputera purchaser to bypass the Bumiputera restriction, is not only void as a property transaction but may also constitute a criminal offence under Malaysian law. A Bumiputera person who acts as a nominee purchaser for a non-Bumiputera person — acquiring the unit in name only while the beneficial interest is held by the non-Bumiputera — commits a fraudulent act that may constitute cheating under Section 415 of the Penal Code (Act 574). Making a false statutory declaration to support such a transaction is an offence under Section 199 of the Penal Code, carrying a maximum sentence of three years' imprisonment and a fine. The Penang state government in particular has actively prosecuted cases of Bumiputera lot bypassing. Property transfers made in breach of the Bumiputera restriction are also void ab initio under Section 340(2)(b) of the National Land Code 1965 as transactions obtained by fraud, and the land registry may cancel such registrations.
A Bumiputera Lot Declaration (Malaysia) does not legally require a lawyer in Malaysia, and individuals and businesses may draft and execute the document independently. The Federal Constitution of Malaysia does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Malaysia lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Federal Court of Malaysia has jurisdiction over disputes arising from this type of document, and Companies Commission of Malaysia (SSM) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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