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By Jason Lim, REN 84424 · IQI Realty · Checked on 9 November 2026
This guide is for Johor buyers and sellers, from Malaysia, Singapore, Indonesia, India, China and MM2H, wondering what “state consent” (kebenaran Pihak Berkuasa Negeri) means for their deal. The short answer: consent is needed when the title carries a restriction in interest barring transfer, charge or lease without the State Authority’s permission, and whenever the buyer is a foreigner or foreign company, under section 433B of the National Land Code. The buyer’s lawyer usually applies to the Johor Land and Mines Office (PTG Johor) or the district land office. The SPA’s completion period commonly runs from the date consent arrives.
Quick answer
- Restricted titles: a restriction in interest (sekatan kepentingan) on the title can require consent before any transfer, charge or lease. A land search shows it.
- Foreign buyers: every purchase by a non-citizen or foreign company needs approval under section 433B, restriction or not.
- Foreign-buyer fee: since 1 July 2025 Johor charges 3% of the price (residential and commercial), minimum RM30,000, plus RM2,000 per title to apply (PTG Johor circular 3/2025).
- Restricted-title fee: RM100 per title to apply, plus an approval fee by property type, for example RM500 a unit for low-cost buildings (PTG Johor checklist, May 2026).
- Timing: PTG Johor does not publish a fixed processing time that I could find; SPAs commonly allow 4 to 12 months to obtain consent.
- If refused: the SPA decides. A well-drafted conditional SPA refunds the buyer’s deposit, and Johor allows an appeal for a fee.
General information, not legal, tax or financial advice. Confirm the position for your title with your lawyer and PTG Johor or the district land office.
What state consent is, and where the rule comes from
In Malaysia, land belongs to the states, and each state alienates (grants) it to owners on terms. Section 120 of the National Land Code (Kanun Tanah Negara, Act 828) lets the State Authority attach express conditions and restrictions in interest when it alienates land, and both must be shown on or referred to in the title. A restriction in interest limits what the owner may do with the land, typically: no transfer, charge or lease without the State Authority’s consent.
Separately, Part 33 of the Code controls ownership by foreigners. Section 433B says non-citizens and foreign companies may acquire land, or take a transfer, transmission or other dealing in their favour, only with the State Authority’s prior approval, which may come with conditions and a prescribed levy. Under the related section 433E, a dealing done without the required approval is null and void, and an offence carries a fine of at least RM100,000.
| Type of consent | When it is needed | Legal basis |
|---|---|---|
| Consent to transfer (kebenaran pindah milik) | The title has a restriction in interest requiring consent for a transfer | Section 120 and the title’s endorsement |
| Consent to charge (kebenaran gadaian) | The buyer’s bank wants a charge over a restricted title | Same restriction |
| Consent to lease | A registered lease on a restricted title | Same restriction |
| Foreign-interest approval (kepentingan asing) | The buyer, tenant under a registered lease, or heir is a non-citizen or foreign company | Section 433B |
How to tell whether a Johor title needs consent
Look at the title, not the brochure. A private or official land search (carian persendirian / carian rasmi) shows the restriction in interest in its own section; my land title search guide explains how to read one. Restrictions are often found on leasehold titles and on some freehold ones; typical wording says the land cannot be transferred, leased or charged without the State Authority’s permission.
- No restriction, Malaysian buyer: usually no state consent; the transfer (Form 14A) is simply registered.
- Restriction, Malaysian buyer: consent to transfer and, with a loan, consent to charge.
- Any title, foreign buyer: foreign-interest approval under section 433B, plus any restriction consents the title needs.
- No individual or strata title yet: check the master title and the developer’s consent. See strata titles explained.
Special categories with extra conditions
PTG Johor’s 2026 checklists name property types that need extra approvals first:
- Low-cost, low-medium-cost and Rumah Mampu Milik Johor homes: an approval letter from the Housing Division of the Johor State Secretary’s Office is needed. See my RMMJ guide.
- Units designated as Bumiputera lots: transfers to buyers outside that group need the State’s release, with extra steps such as newspaper advertisements in subsales.
- Malay reserve land: can be held only by people who qualify under Johor’s Malay reservation law. The land office checks status, and it is not open to foreign buyers.
For a foreigner, a restriction barring transfer to non-citizens usually rules the property out, so check the title before booking.
Who applies, and how the application works
In practice the buyer’s lawyer prepares and files the application once the SPA is signed and stamped, because the land office wants the SPA, title searches and the parties’ identity documents. Which office receives it depends on the title. Registry titles go to PTG Johor at Kota Iskandar, and Land Office titles to the district land office (for example, the Johor Bahru district office).
Consent to transfer or charge a restricted title
PTG Johor’s online portal, iTanah, takes applications for Kebenaran Pindahmilik Sekatan Kepentingan (consent on restricted titles) for transfers, charges and leases. Members of the public and lawyers’ representatives can file, upload documents, pay online and track the status; counter filing is still listed in the checklists. The usual documents are the form for the parties (PM.1 to PM.4 for transfers, GC.1 to GC.4 for charges), title and private search copies, the SPA, the current quit rent and assessment receipts, identity documents, and the seller’s bank’s consent letter if the property is still charged.
Who decides depends on the title and the parties. Usually it is PTG Johor’s Director (Registry titles) or the district Land Administrator (Land Office titles); some categories go to the Menteri Besar (Sinar Harian, March 2019).
Foreign-interest approval
For a non-citizen or foreign company, PTG Johor’s 2026 foreign-interest checklist uses forms KA.1 to KA.5 (individual, company and developer combinations). Besides the title, searches (and the master title if strata title is not issued), SPA, receipts and coloured passport copies, it needs consent from any chargee bank or caveator, plus a pack for the valuation department (JPPH) with site plans and photos. Applications go to PTG Johor at Kota Iskandar.
Buyers abroad need not attend the land office; signing from overseas is covered in buying in JB without flying in and my power of attorney guide.
Not sure whether a unit needs consent?
Send me the project or address and tell me whether you are buying as a Malaysian or a foreigner. I’ll check the title restrictions and the consent route with you before you book, so your lawyer can build the right conditions into the SPA.
WhatsApp JasonConsent fees in Johor (2026)
Foreign buyers: the approval fee since 1 July 2025
Johor’s State Executive Council approved new rates on 11 June 2025, and PTG Johor circular No. 3 of 2025 applied them from 1 July 2025. They replace the 2% rate that had applied since 2014:
| Transaction by a foreign buyer | Approval fee from 1 July 2025 |
|---|---|
| Residential or commercial, bought from a developer | 3% of the stamped sale value, minimum RM30,000 |
| Residential or commercial, subsale | 3% of the JPPH valuation or the stamped sale value, whichever is higher, minimum RM30,000 |
| Serviced apartments below the RM1 million threshold (where the State allows) | 3%, minimum RM50,000 |
| Industrial property | 4% of the stamped sale value (subsale: of the JPPH valuation or sale value, whichever is higher) |
| Gift to close family (residential, commercial, industrial) | 2% of the JPPH valuation, minimum RM20,000 |
| Inheritance and transfers to beneficiaries | No fee |
| Application fee, per title | RM2,000 |
| Extending an approval / late payment of the approval fee / appeal | RM2,000 / RM2,000 / RM3,000 |
Illustration: on a RM1,200,000 subsale valued by JPPH at RM1,150,000, the fee is 3% of the higher figure, RM36,000, plus RM2,000 to apply. Buying a half share does not halve the fee: the Johore Bar Committee reported in 2021 that PTG Johor computes consent fees on the property’s total value when only a half share goes to a foreigner. This sits on top of stamp duty, which has been 8% on residential transfers to foreign buyers since 1 January 2026 (New Straits Times, April 2026); see my stamp duty guide and legal fees guide.
Restricted titles: consent to transfer or charge
PTG Johor’s transfer and charge checklists, published in May 2026 and citing PTG Johor circular No. 8 of 2019, list an application fee of RM100 per title and approval fees by property type:
| Property type | Approval fee |
|---|---|
| Agricultural land | RM100 per acre or part |
| Low-cost buildings | RM500 per unit |
| Buildings on tanah kurnia (state-granted land) | RM500 per unit |
| Commercial buildings | RM3,000 per unit |
| Industrial buildings on state-granted land | RM3,500 per unit |
- Selling within five years: the transfer checklist multiplies the approval fee if the seller has owned the property for a short time: five times within a year, four times at two years, falling to one times at five years.
- Validity: after approval, the transfer (Form 14A) should be registered within six months. One extension costs RM50; after a year a new application is needed.
- Appeals: RM100 per title, to the Menteri Besar through the land office.
Who pays which fee is set by the SPA, so check the clause before signing.
How long consent takes, and how the SPA handles it
I found no published PTG Johor processing time for consent or foreign-interest approval in 2026. Typically it takes several weeks to a few months, depending on how complete the file is, any JPPH valuation and which authority decides.
That is why a well-drafted SPA builds the consent in. A Bar Council conveyancing column (published in The Sun, December 2006) described the usual pattern:
- The SPA is conditional on consent, with an agreed window to obtain it, usually 4 to 12 months, which can be extended.
- The balance of the price is due within three months after the buyer’s lawyer receives the consent, usually with a further extension of a month or more at agreed late-payment interest.
Most conditional SPAs also say that if consent is refused or not obtained in time, the agreement ends and the buyer’s deposit is refunded; some let the parties appeal or extend first. Check your own clause.
A foreign buyer’s subsale therefore runs longer than a local one; my guide to selling JB property as a foreigner gives the seller’s view of the timeline. For new launches, ask the developer how approval for foreign buyers is handled and what happens if it is refused.
Common causes of delay
- Missing documents, such as an unpaid current-year quit rent or assessment receipt.
- Payment errors: the Johore Bar Committee listed 17 reasons PTG Johor rejected cheques in 2021.
- The seller’s bank consent letter or a caveator’s consent is still outstanding.
- Waiting for a JPPH valuation or a Housing Division release.
Run the land search before the offer, clear the seller’s unpaid bills, and ask the seller’s bank for its consent letter early.
Foreign buyers: what consent will and won’t allow
- Minimum price: foreigners can generally buy Johor residential property only from RM1 million. Designated zones such as Medini in Iskandar Puteri are exempt, and developers can get special approval to sell some units below RM1 million to foreigners; owners of those units can resell below RM1 million only to Malaysians (New Straits Times, 20 April 2026). See Johor’s minimum price and quota.
- Inheritance: a transmission to a foreign heir also needs approval under section 433B, though Johor charges no approval fee for inheritance. See foreign beneficiaries inheriting property.
- MM2H: participants still need state consent to buy. For the visa, I coordinate with a MOTAC-licensed MM2H agent; approval is decided by the authorities. See MM2H property support.
If consent is refused
- Read the refusal letter. It may point to a fixable gap.
- Consider an appeal: RM3,000 per title for foreign-interest applications, RM100 for restricted-title consent. Check the SPA allows the time.
- Apply the SPA’s refusal clause: usually a refund and withdrawal of any private caveat. See backing out after signing an SPA.
- Don’t try to work around it. Holding land for a foreigner through a local nominee or trust can fall foul of sections 433B and 433E, under which unapproved dealings are void.
What sellers should know
If your title is restricted, consent is part of your sale: receipts must be up to date, your bank must consent if the property is charged, and short ownership may multiply the approval fee. Selling to a foreigner? Check the price meets the threshold first. My guides on selling with a loan still on the title, pricing a JB home and RPGT cover the rest of the seller’s side; ask your lawyer how a conditional SPA affects your RPGT filing dates.
Where to buy if this matters to you
Consent rules attach to the title, not the area, so check each unit. As a starting point:
- Medini: a designated zone exempt from the foreign minimum price (New Straits Times, April 2026).
- Iskandar Puteri: newer developments; check whether strata titles are issued.
- JB Sentral and Bukit Chagar: city-centre homes near the RTS Link.
- Mount Austin and Tebrau, Setia Indah and Molek: a mix of freehold and leasehold subsales.
- Permas Jaya and Senibong: east-side condos and landed homes.
- Landed homes in JB: individual titles that are simple to search.
Compare them on my JB property map, and read freehold vs leasehold and leasehold renewal in Johor if the title is leasehold.
More Johor living guides: Land title search and caveats · Legal steps of buying in Johor · The SPA explained · Transferring property to family
Frequently asked questions
What is state consent for property in Johor?
Permission from the Johor State Authority for a dealing in land. It is needed when the title has a restriction in interest requiring consent, and for any purchase by a non-citizen or foreign company under section 433B of the National Land Code.
How do I know if my title needs state consent?
Do a land search. The restriction in interest appears on the title and in the search result. If the buyer is a foreigner, foreign-interest approval is needed whatever the title says.
Who applies for state consent in Johor?
Usually the buyer’s lawyer, after the SPA is signed. Applications go to PTG Johor or the district land office, depending on the title; restricted-title consents can be filed online through iTanah.
How much is the state consent fee for foreigners in Johor?
Since 1 July 2025, 3% of the price for residential and commercial purchases (for subsales, of the JPPH valuation or sale value, whichever is higher), with a minimum of RM30,000, plus RM2,000 per title to apply, under PTG Johor circular 3/2025.
How long does state consent take in Johor?
PTG Johor does not publish a fixed processing time that I could find. It often takes several weeks to a few months. SPAs commonly allow 4 to 12 months to obtain consent, and the balance is usually due within three months of consent.
What happens to my deposit if consent is refused?
The SPA decides. A conditional SPA usually ends and refunds the buyer’s deposit if consent is refused or not obtained in time, and Johor allows appeals for a fee.
Want the consent route checked before you book?
Send me the project or address, the asking price and whether you are buying as a Malaysian or a foreigner. I’ll go through the title restrictions and the consent route with you, so you know which conditions to ask your lawyer to put in the SPA. You can also book an appointment for viewings, or a Zoom consultation if you are abroad.
Sources: National Land Code (Act 828, Revised 2020), section 120, express conditions and restrictions in interest, checked November 2026; National Land Code (Act 828), section 433B, non-citizens and foreign companies may acquire land only with State Authority approval, checked November 2026; National Land Code (Act 828), section 433E, approval for other conveyances to non-citizens, checked November 2026; Pejabat Pengarah Tanah dan Galian Johor, Pekeliling Bil. 3 Tahun 2025 (office fees, including foreign acquisitions), 13 June 2025, in force 1 July 2025; PTG Johor, Senarai Semak Kepentingan Asing (foreign-interest checklist), published May 2026; PTG Johor, Senarai Semak Permohonan Kebenaran Pindahmilik Tanah (consent to transfer checklist), published May 2026; PTG Johor, Senarai Semak Kebenaran Gadaian/Cagaran (consent to charge checklist), published May 2026; Pejabat Tanah dan Galian Johor, Manual Pengguna Portal iTanah (public user manual), version 1.0, 2026; Sinar Harian, “Dua keadaan permohonan kebenaran pindah milik”, 7 March 2019; Bar Council Conveyancing Practice Committee column, “Understanding an SPA (Part 1)”, The Sun, 8 December 2006, via the National House Buyers Association; Johore Bar Committee, Circular No 9/2021, updates after the meeting with PTG Johor on 22 February 2021; New Straits Times, “Foreigners hit Johor property resale wall”, 20 April 2026; Malay Mail, “Malay reserve land cannot be leased to non-Malays, says ministry”, 17 February 2018
Jason Lim, REN 84424, IQI Realty Sdn. Bhd. E (1) 1584/6. General information checked on 9 November 2026, not legal, tax or financial advice. Land office procedures, fees and state policies change; confirm with your lawyer, PTG Johor or the district land office, and LHDN before you sign. The fee example uses made-up figures.