Ubah Rumah Jadi Homestay Salah Dan Pemilik Terdedah Dengan Tindakan Undang-Undang? Peguam Hartanah Ini Jelaskan Impaknya

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Ubah Rumah Jadi Homestay Salah Dan Pemilik Terdedah Dengan Tindakan Undang-Undang? Peguam Hartanah Ini Jelaskan Impaknya

Gambar Hiasan

23 Feb - Menjadikan rumah yang dibeli sebagai salah satu pendapatan sampingan sudah menjadi kebiasan kepada pemilik rumah di Malaysia.

Permintaan Homestay di Malaysia sudah meningkat sejak kebelakangan ini. Atas sebab ini, ramai pemilik rumah berebut-rebut untuk menjadikan rumah mereka sebagai Homestay.

Tahukan anda, menukar rumah kediaman anda sebagai Homestay adalah salah disisi undang-undang di negara ini?

Perkara ini dijelaskan sendiri oleh seorang Timbalan Presiden Persatuan Guaman Hartanah Malaysia (HartaGuam), Salkukhairi Abd Sukor di laman facebooknya.

Menurut Salkukhairi, setiap bangunan kediaman itu biasanya telah ditetapkan syarat nyata, syarat tersirat dan syarat kegunaan di dalam suratan hakmilik (geran) hartanah tersebut yang mana ianya hanyalah untuk tujuan kediaman sahaja.

Jika pemilik hartanah tersebut menggunakan rumah mereka untuk tujuan perniagaan, mereka boleh didakwa di bawah Seksyen 127 (1A) Kanun Tanah Negara atau hartanah tersebut boleh dirampas di bawah Seksyen 129 Kanun Tanah negara.

Jom ikuti perkongsian Salkukhairi tentang kesalahan mengubah rumah menjadi homestay. Semoga bermanfaat.

UBAH RUMAH JADI HOMESTAY SALAH DARI SEGI UNDANG-UNDANG?

1. Disebabkan permintaan masyarakat terhadap homestay semakin meningkat dari sehari ke sehari, ramai pemilik rumah kediaman mengambil langkah mengubah rumah mereka menjadi homestay.

2. Tindakan ini walaupun dari segi bisnesnya menguntungkan pemilik premis itu sendiri, tetapi sebenarnya tanpa disedari ianya boleh mendedahkan pemilik premis kepada tindakan undang-undang.

3. Ini kerana setiap bangunan kediaman itu biasanya telah ditetapkan syarat nyata, syarat tersirat dan juga syarat kegunaan di dalam suratan hakmilik (geran) hartanah tersebut yang mana ianya hanyalah untuk tujuan kediaman sahaja.

4. Maka, sekiranya seseorang itu menggunakan rumah mereka untuk tujuan perniagaan seperti homestay, ianya jelas boleh dianggap sebagai melanggar syarat nyata, syarat tersirat atau syarat kegunaan hartanah tersebut daripada bangunan kediaman menjadi bangunan komersial.

5. Kesannya, pemilik hartanah tersebut boleh didenda di bawah Seksyen 127 (1A) Kanun Tanah Negara atau hartanah tersebut boleh dirampas di bawah Seksyen 129 Kanun Tanah Negara.

6. Selain daripada itu, setiap bangunan yang didirikan perlulah mematuhi syarat-syarat kelulusan bangunan yang telah ditetapkan oleh Pihak Berkuasa Tempatan di bawah Akta Jalan, Parit dan Bangunan 1974 mengikut kategori sesuatu bangunan tersebut.

7. Biasanya sesebuah bangun kediaman itu telah ditetapkan syarat- syarat binaan yang perlu ada sebelum pembinaan sesebuah bangunan itu diluluskan oleh pihak berkuasa tempatan.

8. Maka dengan mengubah rumah kediaman menjadi premis perniagaan seperti homestay, memerlukan pemilik mendapatkan kebenaran terlebih dahulu daripada pihak berkuasa tempatan di bawah peruntukan Seksyen 74 Akta Jalan, Parit dan Bangunan 1974.

9. Sekiranya gagal, maka bangunan yang digunakan sebagai homestay tersebut boleh dikenakan tindakan di bawah Seksyen 72 dan 73 Akta Parit dan Saliran dan jika sabit kesalahan pemilik premis boleh dikenakan penalti atau premis tersebut boleh dirobohkan oleh Pihak Berkuasa Tempatan.

10. Selain daripada itu, tindakan pemilik rumah kediaman menjadikan premis mereka sebagai homestay dibimbangi boleh menyebabkan kacau ganggu kepada pemilik bangunan berhampiran termasuklah jiran dan penduduk sekitar.

11. Tindakan penyewa homestay yang meletakkan kenderaan mereka ditepi-tepi jalan atau membuat bising di premis homestay tersebut boleh menyebabkan halangan dan gangguan kepada pemilik premis yang lain.

12. Perkara ini menyalahi Seksyen 86 Akta Parit dan Saliran 1974 dan juga peruntukkan Undang-undang Kecil di bawah Akta Kerajaan Tempatan 1976.

13. Selain daripada itu juga, rumah kediaman yang digunakan sebagai homestay tidak dilindungi oleh polisi insurans bangunan kediaman kerana ianya telah menyalahi syarat kegunaan bangunan tersebut daripada rumah kediaman kepada bangunan komersial. Maka, jika berlaku sesuatu musibah, rumah tersebut tidak dilindungi oleh polisi insurans.

14. Oleh yang demikian, sudah tiba masanya kerajaan menggubal satu undang-undang yang khusus untuk mengawal dan menyelia urusan berkaitan perniagaan homestay ini.

15. Selain daripada disyaratkan keperluan mendaftarkan perniagaan homestay tersebut, pemilik juga perlu mendapatkan lesen operasi homestay daripada pihak berkuasa tempatan dan perlu terikat dengan syarat-syarat dan spesifikasi bangunan yang bersesuaian dengan premis komersial untuk tujuan homestay tersebut.

16. Pemilik homestay juga perlu membuat permohonan tukar syarat kegunaan tanah untuk sementara waktu dari status bangunan kediaman kepada komersial bagi membolehkan ia mematuhi syarat kegunaan bangunan yang sesuai.

17. Selain daripada itu pemilik homestay yang telah memperolehi lesen pengendali homestay daripada pihak berkuasa tempatan juga kelak perlulah mempastikan pelanggan mereka tidak membuat kacau ganggu terhadap jiran-jiran dan pemilik premis sekeliling. Sekiranya gagal, lesen operasi homestay mereka boleh dibatalkan.

18. Cadangan ini bukanlah bertujuan untuk menyekat orang ramai menjalankan perniagaan homestay tetapi sekadar untuk mempastikan keselesaan dan keselamatan bukan sahaja kepada bangunan tersebut bahkan juga kepada pengunjung yang menyewa homestay tersebut. - Siakapkeli.my

What do Warren Buffett, George Soros and Carl Icahn have in common? They were Great Depression-era babies who went on to become the most successful traders of all time. With a combined net worth of more than $100 billion, these self-made investing pioneers have redefined what’s possible in the world of financial trading. Although all three had very different approaches to making their billions, they each did five important things that made them successful. 1. Never lose money “Rule number one of investing is never lose money. Rule number two is never forget rule number one.” – Warren Buffett There are a lot of ways to lose money in the financial markets. Guys like Buffett, Soros and Icahn know this, so they do whatever it takes to control the downside. They identify quickly when they’ve entered a bad position and have learned to take the losses in the rare circumstances that they do occur. In the world of trading, defense plays an important role in preserving profits and trading capital. 2. Minimize risk “I’m more concerned about controlling the downside. Learn to take the losses. The most important thing about making money is not to let your losses get out of hand.” – Marty Schwartz George Soros has stated many times that his first goal in investing is to survive, and has demonstrated this many times by quickly exiting bad trades. Widely regarded as one of the best forex traders of all time, Soros made billions betting against the British pound. Although many speculators described Soros’ shorting of the pound as risky, a closer look at the fundamentals clearly shows that his risk was very calculated. Successful traders are great at identifying opportunities because they understand the market. They’re also humble enough to realize quickly when they’ve made a bad decision and hastily back away when the market goes against them. 3. Think for themselves “I will tell you how to become rich. Close the doors. Be fearful when others are greedy. Be greedy when others are fearful.” – Warren Buffett There’s a reason why stock prices go up when investors find out that Carl Icahn holds a stake in a company. Successful traders don’t follow the herd and for that reason are far less susceptible to market crashes. Their ability to assess the market for what it is and take a position accordingly sets them apart from pack. Someone like Carl Icahn doesn’t spend a lot of time talking about what he’s buying or selling .He just does it and you don’t hear about it until well after the fact. 4. Concentrate on one or a few areas of the market “The stock market is filled with individuals who know the price of everything, but the value of nothing.” – Phillip Fisher George Soros is known for trading currencies. Warren Buffett and Carl Icahn are stock tycoons. Although top traders can certainly succeed in any market, they tend to concentrate on a particular market or follow a certain set of guidelines. Buffett is widely regarded as a value investor and has followed basically the same approach to buying and selling securities for most of his career. 5. Students of the game “Don’t be a hero. Don’t have an ego. Always question yourself and your ability…” – Paul Tudor Jones II Is it really any surprise that the world’s most successful investors are also the most studious? This doesn’t necessarily mean book-smart, but rather a genuine willingness to learn as much as they can about the market. Highly successful traders always do their homework, whether it’s reading about securities, analyzing the markets or spending countless hours doing research. Bottom Line There really are no “secrets” to becoming a great trader. Studying the market, minimizing risks, preserving capital and being a thought-leader are things all traders should be doing anyway. Warren Buffett, George Soros and Carl Icahn have simply done these things far better than anyone else.

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