OVERVIEW ON RENEWAL OF LAND LEASE IN SARAWAK

(1) INTRODUCTION

1.1

In Sarawak, there are many leasehold lands in which the term or tenure thereof are subject to renewal conditional upon payment of a premium. The registered proprietor or through his/her appointed agent (“Applicant”) may submit the application for renewal of land lease at any time before the expiry of the existing lease to prevent any complication in respect of the matters and dealings relating to the land.

1.2

The application for renewal of land lease can be submitted through the electronic Land and Survey Information System (“eLasis”) which was implemented by the Sarawak Land & Survey Department to facilitate matters and dealings in respect of the lands throughout the State of Sarawak including the purchase of print-out of titles and locality plans, registration of instruments etc.

1.3

The Land and Survey Divisional Office concerned (“the Land Office”) when assessing such application, may take into account whether the land is subject to development by the Government and whether the use of the land contradicts with the conditions of the title. A land lease may be renewed for a term of sixty (60) years or *ninety-nine (99) years by application and subject to the Land Office’s discretion.

(2) RATES FOR PREMIUM OF RENEWAL

(with effect from 14.05.2010 and subject to change by the Land Office)

2.1 Land for RESIDENTIAL purpose

LAND USE	CATEGORY	RATES (RM)
Residential	Terraced	RM 1,000 per unit
	Semi-Detached	RM 3,000 per unit
	Detached	RM 6,000 per unit
*A term of 99 years may be given subject to payment of an additional premium of 30% of the flat rates currently in force.

[1] https://elasis.sarawak.gov.my/faq.html

2.2 Land for COMMERCIAL (Shophouse only) purpose

Land Use	Category	Rates (RM)
Commercial (Shophouse)	Primary Towns (Kuching, Sibu, Miri and Bintulu)	RM40,000 per unit
	Secondary Towns (Sarikei, Sri Aman, Kapit, Limbang, Mukah, Betong and Samarahan)	RM20,000 per unit
	Rural Towns (example: Lundu, Asajaya, Niah)	RM10,000 per unit
*A term of 99 years may be given subject to the payment of an additional premium of 30% of the flat rates currently in force

2.3 Land for AGRICULTURAL purpose

Land Use	Category	Rates (RM)
Agricultural	Town Land	RM5,000 per acre
	Suburban Land	RM2,500 per acre
	Country Land	RM200 per acre
*A term of 99 years may be given without payment of additional premium provided that the term of the existing lease is 99 years.

2.4 Land for COMMERCIAL (other than Shophouse), INDUSTRIAL, OFFICE / INSTITUTIONS AND RECREATIONAL purposes

Land Use	Category	Rates (RM)
Commercial (Other than Shophouse) or Industrial or Office / Institutions	Town Land	40%
	Suburban Land	35%
	Country Land	25%
Recreational	Town Land	25%
	Suburban Land	25%
	Country Land	25%

(3) APPLICATION FOR RENEWAL OF LAND LEASE

(a) An application for the renewal of land lease may be submitted via eLasis at elasis.sarawak.gov.my together with the supporting documents as may be required, including but not limited to:-

• A copy of the land title

• Registered Proprietor’s identification card

• Photograph of the land

• Locality plan

(b) Upon the Land Office’s approval of the application for renewal of land lease, a Formal Offer will be issued to notify the terms below:-

• Amount of the premium payable

• Term of title to be renewed

• Special condition to be endorsed on the land

(c) Upon the acceptance of the terms contained in the Formal Offer (particularly the amount of premium payable), the Applicant may print out the Memorial to be signed by the registered proprietor and thereafter, the Applicant may proceed to pay the premium (together with other incidental fees such as Instrument preparation and registration fee) at his/her option through the available online payment method or at the relevant Land Office’s counter.

(d) The Applicant shall submit the following physical documents to the relevant Land Office for its further processing:-

• Original Document of Title and Quit Rent Booklet (if any)

• Executed and attested copies of the Memorial (to be witnessed by an authorised person under Section 215 of the Sarawak Land Code)

• Formal Offer

• Photocopy of the identification card of the Registered Proprietor

• Payment Acknowledgment Receipt evidencing the payment of premium via the available online payment method

(e) Upon endorsement of the renewed term on the Original Issue Document of Title, the Applicant to collect the same from the relevant Land Office.