Real Estate

Recognition 

Land law has been one of the foundations of the practice since the establishment of the Firm. We have been described as having a strong real estate practice group and have been highly-rated for Real Estate & Construction by the publications Legal 500 Asia Pacific and asialaw for many years.

In one such publication, clients’ remarks about the team included the following:

• ‘Chong Kok Seng and Wong Quan Sean have, on several occasions, provided us with the full range of corporate real estate services. Chong Kok Seng in particular, is very client-focused and gives significant attention to our acquisitions; he is dedicated to the client’s success.’
• ‘RDL, for us, stands out for its responsive, diligent and logic. Working with them is an enjoyable experience.’
• ‘Kok Seng can fly, Quan Sean can dive – we feel safe to work with them as they always have our best interests at heart.’

The firm won the award of “Construction and Real Estate Law Firm of the Year” at the ALB Malaysia Law Awards 2024.

Services 

The sale/purchase and leases/tenancies of real estate – whether with or without separate documents of title – are transactions that the Real Estate team routinely handle. In addition, we have immense experience in acting for the parties in various types of joint venture agreements for the greenfield development of land into commercial and/or residential developments.

Examples of the different types of projects on which we have advised or are currently advising include:

• Acted as counsel to Capitaland Investment in respect of the sale of its 91.8 per cent stake by total strata floor area of retail space in Penang’s Queensbay Mall for RM990.5 million.
• Acted for Capitaland Malaysia Trust in respect of its acquisition of two industrial properties (the first industrial properties injected into its portfolio) for a total purchase consideration of RM80 million.
• a joint venture in respect of a mixed residential/commercial development with a projected gross development value of approximately RM3.7 billion, where we advised the investment arm of a State government
• the review and revamp of the existing business and contractual models for an expansive housing development programme the objective of which is the provision of affordable housing for middle-income households in Malaysia
• the collaboration among 9 developers for the construction of a flyover
• the acquisition of land by a multinational client for a substantial manufacturing facility in Penang and the subsequent Design & Build Contract relating thereto
• the sale to and leaseback of properties from various Real Estate Investment Trusts
• the disposal of real estate and other assets by the liquidators and/or receivers and managers of insolvent companies
• the lease of land intended to be used for subterranean water pipes connecting a hydroelectric dam to a river (this work also required correlating the lease to the concession that had been granted by the relevant authority to operate the hydroelectric dam and for the sale of hydroelectric power to Tenaga Nasional Berhad)
• the revival and completion of an abandoned housing project
• the acquisitions of industrial lands and commercial lands by foreign parties, where the values involved often exceed RM100 million
• a joint venture between our client (the subsidiary of a public listed company) and a statutory body in respect of a mixed residential/commercial development with a gross development value of approximately RM1.5 billion.

Such projects often entail consideration of multiple issues, not necessarily limited to land, but may include knowledge of related areas such as banking and security documentation, corporate law, foreign investment, insolvency, tax and construction law.

Another area in which we have particular experience is advising on the management of hotels and branded service apartments. Our clients include both hotel owners and international hotel management chains. We often review hotel management agreements and the related licensing and technical assistance agreements; and advise on all matters in connection with the construction, development and operation of a new hotel, such as the sub-division of land into separate parcels and the issuance of strata titles. When acting for the hotel management company, an integral part of our work is to conduct due diligence on the lands as well as the owners of the hotel which our client is to manage.

The construction of an urban public rail infrastructure development project in the Klang Valley has resulted in the compulsory acquisition of land by the Government and in turn increased the number of briefs for the Real Estate practice group. Aside from appearing in Court in respect of land references and judicial review applications following decisions by State Authorities to acquire land, the dispute resolution partners in the practice group also attend and advise on land enquiries conducted by Land Administrators under the Land Acquisition Act 1960.