PROCEDURE REGISTRATION OF ESTATE

AGENTS
LECTURE 3

MOHAMAD ISA ABDULLAH,

Department of Estate Management,
Faculty of Architecture, Planning and Surveying,
MARA University of Technology,
40450 Shah Alam, Selangor Darul Ehsan, Malaysia.
Email: isa006@salam.uitm.edu.my

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General requirements of Estate Agents

1. Malaysian citizen or a permanent resident of the country.
2.The minimum entry requirement stipulated by the Rules is that
candidates who desire to sit for the estate agents examination must
possess a MCE/SPM certificate with not less than 5 subject passess
of which at least 3 shall be credits.
o One of the credits shall be in either Mathematic or Science or
Commerce or Accounting.
o Applications from candidates who do not possess an
SPM/MCE however have obtained a higher qualification
recognised by Jabatan Perkhidmatan Awam (and Malaysian
Qualifications Agency (may be considered).
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General requirements of Estate Agents

3. The Estate Agent's Examination for the Part I & Part II will be held
sometime around June or July of the particular year. Registration
is open from 2nd January until 2nd May of the particular year.
4. The Part I and Part II exams are written exams (subjective). Each
part consists of 6 subjects. The fee is RM50.00 per subject and
processing fee is RM50.00.
5. Persons who have majored in property related courses and have
obtained degrees of same are exempted from the estate agents
written examination in varying degree.
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Registration of Estate Agents

1. After passing Part I & Part II of the Estate Agent's Written
Examination, you will be required to register as a Probationary
Estate Agent and simultaneously register for your Test of
Professional Competence (TPC).
2. If the candidate has satisfied all the requirements of the Board
then it will register the candidate as a probationary estate agent
and advise on the commencement date of his practical training.
3. The candidate must possess 2 years post-qualifying practical
training and experience in Malaysia under the supervision of a
registered estate agent.

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Registration of Estate Agents

4. Upon completion of the 2 years post-qualifying
practical training, the candidate will be required to sit
for the oral examination (Test of Professional
Competence).
5. Only upon passing the Test of Professional
Competence, will the candidate be eligible for
registration as a registered estate agent.

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Registration of Estate Agents

6. Any person desirous of getting himself registered as a

registered estate agent is requested to procure a copy

of the Rules & Guidelines to the Test of Professional
Competence for the Estate Agency Practice by
enclosing an M.O./Cheque in favour of the Board of
Valuers, Appraisers and Estate Agents Malaysia for
RM14.00 which amount is inclusive of postage charges.

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Registration of Estate Agents

oRule 17 form of application
1. Form A Valuer
2. Form B Estate Agent
3. Form A1 Probationary valuer
4. Form B2 _ Prabationary estate agent
oRule 18 renewal of registration of probationary valuers
and estate agents
oRule 19 notification to applicant the board decision
will be notified to the applicant
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Registration of Estate Agents

oRule 19 notification to applicant the board decision
will be notified to the applicant
oRule 20 registration fee and fee for authority to
practice and failure to pay fee
oRule 20A registration of prabationary valuers and
estate agents
oRule 20B renewal of registration of probationary
valuers and estate agents
oRule 21 authority to practice
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Registration of Estate Agents

oRule 22 special authority to practice valuation
form C in 2nd Schedule and prescribed fee
oRule 23 application to renewal
oRule 24 duplicate authority to practice form E
in Second Schedule and prescribed fee
oRule 25 application for reinstatement form F
of second Schedule
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Registration of Estate Agent

Provision of Sec 22A (1)of the Valuer, Appraiser and Estate Agent Act
1981
1) Any person has desired to be registered estate agents under Part III of the
Register have to submit application to the Board and prove to its satisfaction
that:a) Attained 21 years old and is sound mind. Good character and has not
been convicted of any offence involving fraud, or dishonesty or moral
turpitude during the 5 years immediately preceding the date of his
application;
b) He is not discharged bankrupt
c) Satisfied the requirement of sec 22D of the Act
d) Has made declaration in the form and manner prescribed by the board,
e) Has paid the fees prescribed by the Board
f) Not under suspension from valuation or estate agency practice nor his
name has been cancelled from the register.
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Registration of Estate Agents

Provision of Sec 22A (2)of the Act 1981
2) Any person who applies within 12 months from the date of the
coming into force of this Part for registration under the register of
Estate Agents shall be entitled to have his name so registered if
he proves to the satisfaction of the board that :a) Immediate before the date of coming into force of this part:
i) He had been engaged in estate agent firms
ii) He was a registered valuer or appraiser and that his
business including estate agency practice and served his
clients
(3) Board may call upon that the applicant to submit the relevant
documents.
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Practice of Estate Agency

Based on the provisions of Sec 22B(1) of Valuer, Appraiser and
Estate Agent(VAEA) Act 1981, only registered estate agent is
allowed to practice estate agency profession.

According 22B(1A) clarifies that subject to the provisions of

subsection 2 of this act, not allows registered estate agent to
practice for property management unless,
they have been given permission by the board to practice
before the effect of subsection (1A)

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Restriction Practice of Estate Agent

Based on the provisions of the section 22C (1), the VAEA
Act 1981, only registered estate agent allows to
carrying out:
a) business or employment practice estate agency with
appropriate names containing words such as estate agents,
house brokers, property agent.
b) display any signboard, Distribute / Circulate card, letter,
brochures, pamphlets, leaflets, notice or any form of
advertisement, implying directly or indirectly.
c) undertake any work specified under section 22B.

d) entitled to recover any fees, charges or remuneration for any

professional service
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Exemption Restriction of Estate Agent

practice
Based on the provisions under section 22C (2), the VAEA
Act, 1981, other parties than registered estate agent
are allowed to practice estate agent estate agency:
1. land / building owners.
2. Licensed Auctioneer through public auction, and
3. Power of attorneys holder who sell, purchase or rent
which do not charge any commission, fee, reward etc
upon securing transaction.

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Qualification of Estate Agent

The provision of sec 22D of the Act
1) A person has been registered as a probationary estate agent
under the Act.
2) Any person who has passed the examinations prescribed by the
Board or who has obtained qualifications which the Board
recognises as equivalent to such examinations.
3) A probationary estate agent are required to obtain the practical
experience(PE) and to pass the Test of Professional
Competence(TPC) as prescribed by the Board or any equivalent
test or examination recognised by the Board.
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Qualification of Estate Agent

The provision of sec 22D of the Act (Contd)
4) A probationary estate agent has complied with the requirements
of act, he may apply to the Board.
5) A Malaysian citizen, unless if otherwise he is or has been a
registered estate agent before the coming into force of this
section.

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Procedure pertaining a practice of

Estate Agents
1. Must be a Malaysian citizen or a permanent resident of the
country.
2.The minimum entry requirement stipulated by the Rules is that
candidates who desire to sit for the estate agents examination must
possess a MCE/SPM certificate with not less than 5 subject passess
of which at least 3 shall be credits.
o One of the credits shall be in either Mathematic or Science or
Commerce or Accounting.
o Applications from candidates who do not possess an
SPM/MCE however have obtained a higher qualification
recognised by Jabatan Perkhidmatan Awam (and Malaysian
Qualifications Agency (may be considered).
10/20/11

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Procedure pertaining a practice of

Estate Agents
3. The Estate Agent's Examination for the Part I & Part II will be held
sometime around June or July of the particular year. Registration
is open from 2nd January until 2nd May of the particular year.
4. The Part I and Part II exams are written exams (subjective). Each
part consists of 6 subjects. The fee is RM50.00 per subject and
processing fee is RM50.00.
5. Persons who have majored in property related courses and have
obtained degrees of same are exempted from the estate agents
written examination in varying degree.
10/20/11

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Registration of Estate Agents

1. After passing Part I & Part II of the Estate Agent's Written
Examination, you will be required to register as a Probationary
Estate Agent and simultaneously register for your Test of
Professional Competence (TPC).
2. Thereafter if the candidate has satisfied all the requirements of
the Board then it will register the candidate as a probationary
estate agent and advise on the commencement date of his
practical training.
3. The candidate must possess 2 years post-qualifying practical
training and experience in Malaysia under the supervision of a
registered estate agent.
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Registration of Estate Agents

4. Upon completion of the 2 years post-qualifying
practical training, the candidate will be required to sit
for the oral examination (Test of Professional
Competence).
5. Only upon passing the Test of Professional
Competence, will the candidate be eligible for
registration as a registered estate agent.

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Registration of Estate Agents

6. Any person desirous of getting himself registered as a

registered estate agent is requested to procure a copy

of the Rules & Guidelines to the Test of Professional
Competence for the Estate Agency Practice by
enclosing an M.O./Cheque in favour of the Board of
Valuers, Appraisers and Estate Agents Malaysia for
RM14.00 which amount is inclusive of postage charges.

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3.0 Formation of Firms

Provision of Sec 23 (1) of the Act 1981
No registered valuer, appraiser or estate agent shall
practice valuation, appraisal or estate agency or have
the right to recover in any court any fee, charge or
remuneration for any professional advice or services
rendered by him pursuant to his practice unless he
practices as a sole proprietor of a sole proprietorship,
a partner of a partnership, a shareholder or director of
a body corporate registered with the board, or as an
employee of such sole proprietorship, partnership of
body corporate.
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3.1 Formation of Firms

Provision of Sec 23(2) of the Act 1981
A partnership or body corporate practicing valuation,
appraisal or estate agency, as the case may be, shall not
be registered by the board Unless :

a) All partner of the partnership or directors and

shareholder of the body corporate are :i) valuation practice, solely registered valuers
ii) appraisal practice, solely registered appraisers
iii) estate agency practice, solely estate agents
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3.2 Formation of Firms

Provision of Sec 23(2) of the Act 1981 (Contd)
b) The shares in the partnership or the body corporate are
held :i) valuation practice, solely registered valuers
ii) appraisal practice, solely registered appraisers
iii) estate agency practice, solely estate agents

c) It satisfied all the conditions specified by the board

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4.0 Type of Offenses

Subject to the provisions of Sec 24(1), if a valuer,appraiser or
estate agent or a probationary valuer or probationary estate Agent
or Agent whose name has been placed in the Register or the
Register of probationary Valuers/Probationary Estate Agents, as
the case may be:
a) has been convicted of any offence such as froud or
dishonesty or moral turpitude.
b) Misrepresentation or fraud in obtaining authority/
registration of practice
c) His qualification under sec 18 or 22A has been cancelled by
the authority
d) Failed to comply with the any provision of the act.
e) Neglected to comply any order by the Board acting under
any provision of the act.
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f) Found guilty by the
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any professional misconduct.

The actions can be taken by the Board

Cancelling the registration as valuer, appraiser or

estate agent
Suspending his practice for period not exceeding
three years.
Admonishing him and recording such admonishing
Admonishing him or imposing fine not exceeding
RM5000 or both or
Fine not exceeding RM10000. He/she will be
suspended from practice until the fine is paid.
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The actions can be taken by the Board

The Board will not make any order against unless:

There has been a hearing by the Board
An opportunity of being heard, with or without the assistance of
counsel.
Any order made by the Board shall be published in such
newspaper as the Board may deem fit if no appeal against the
order within 40 days of the date making of the order.
If the appeal has been lodged and subsequently, withdrawn the
order shall be published within 21 days of the date receipt of the
notice withdrawing the appeal.

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Procedure Registration of Estate Agents

oRule 17 form of application
1. Form A Valuer
2. Form B Estate Agent
3. Form A1 Probationary valuer
4. Form B2 _ Prabationary estate agent
oRule 18 renewal of registration of probationary valuers
and estate agents
oRule 19 notification to applicant the board decision
will be notified to the applicant
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Procedure Registration of Estate Agents

oRule 20 registration fee and fee for authority to
practice and failure to pay fee Approval authority to
practice
oRule 20A registration of prabationary valuers and
estate agents
oRule 20B renewal of registration of probationary
valuers and estate agents
oRule 21 authority to practice estate agent Form I
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Procedure Registration of Estate Agents

oRule 22 special authority to practice valuation
form C in 2nd Schedule and prescribed fee
oRule 23 application to renewal - form K
oRule 24 duplicate authority to practice form E in
Second Schedule and prescribed fee
oRule 25 application for reinstatement form F of
second Schedule
oRule
25A ceassation
of practice form M
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5.0 Procedure Registration of Estate Agent (Rule 17)

1) Every person desires of being registered as a valuer, estate
agent, probationary valuer or probationary estate agent
under the Act shall apply to the Registrar in :
a) Form A Valuer
b) Form B Estate Agent
c) Form A1 probationary valuer
d) Form B1 probationary estate agent
2) All such applicant shall accompanied by the processing fee

prescribed in the Third Schedule.

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5.1Submission to the Board (Rule 18)

4)The period of

1)Within of 28 day
upon submission
to the Registrar,
Registrar shall:
a) Submit the
application to the
Board,or
b) deliver to the
member of the
Board
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2)The Board will

decide upon
application
within 90 days
of the date
submission of
the application.

3)The delivery under the

subparagraph (b) of
paragraph (1) of copy an
application to a member of
the Board;
a) by handling personally
to the member
b) leaving in the members
business premises or
office partner or
employee member, the
members employers and
employers employee.

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90 days
specified in
paragraph (2)
shall begin 28
days after the
application is
received by
the Registrar.

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5.2 Procedure of Registration(Contd)

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6.0 Procedure Registration of Firms

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6.1 Registration of Firms

Rule 25B - Application for registration
l) Every firm desirous of being for registered to practice
valuation, Appraisal or estate agency under section 23 of the
Act shall apply to the Registrar in Form N in the Second
Schedule.

2)Every application shall be accompanied by the

processing fee RM 75 each type of firm as prescribed in
the Third Schedule.
3) Body corporate incorporated under the Companies Act 1965
- an application shall be accompanied by a copy of the memorandum
and article association.(MOA & AOA), Form6, Form 9, Form 44 & form 48.

4) Partnership accompanied by a copy of partnership

agreement.
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6.2 Registration of Firms (Contd)

Rule 25C - Submission
to the BOVAEA

1) If a registrar satisfied the

application as under rule 25B,

satisfies Section 23 of the Act, the
registrar shall within 30 days :
a) submit the application to the
Board, or
b) cause a copies to every member
of the Board.

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2) Board
will decide
within 30
days from
the date of
submission.

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3) Deliver the
copy to the
board
member
personally or
leave at the
member
office or
currier the
office
address.

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6.4 Registration of Firms (Contd)

According Rule 25D - Consideration of application
1) Once the Board has satisfied with the application under rule
25B base on the following matters:
a) satisfies the ownership requirement under Sec 23 of the Act.
b) the applicant satisfies the requirements as to its specified in the rule
25K.
c) the particular documents submitted by the applicant to the Board.

2) If he Board not satisfied, the Board shall return the application

to the respective applicant for:
a) re-submitted with amendment.
b) with the necessary particular document which need for amendment.
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6.3 Registration Fees

According Rule 25F - Registration Fee
1)The successful registration firms of application, within 90 days of
the date notification, require to pay the registration fee as
prescribed in the Third Schedule.

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6.5 Registration of Firms (Contd)

Once the registration
fee had been paid by
the applicant, the
Registrar shall issue an
authority to practice

According
Rule 25G Authority to
practice

valuation,
appraisal or estate

agency as a firm in
FORM O in the Second
Schedule.

The Registrar shall notify to the

applicant by ordinary post
within 30 days of the date of
decision made.
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According Rule
25E - Notification
of Boards
decision.

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Prepared by: Mohamad Isa Abdullah

Department of Estate Management
Faculty of Architecture Planning & Surveying,
University Technology MARA, Shah Alam
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