Affidavit Of Consent To Use Property Template for Malaysia

When you own property in Malaysia and need to grant formal permission for its use by another party, an Affidavit of Consent to Use Property provides the legal framework to document this authorization. This sworn declaration creates a legally binding record of your consent while protecting your interests as the property owner.

When do you need this document?

You'll require this affidavit when granting permission for business operations on your property, such as allowing a company to use your land for commercial activities or storage. It's also necessary when permitting temporary usage arrangements like event hosting, construction staging areas, or parking facilities. Financial institutions often demand this document when your property serves as collateral or when third parties need to access the premises for legitimate business purposes. Local authorities may require it for permit applications, zoning compliance, or when verifying authorized property usage. Additionally, if you're allowing development projects or modifications to your property by external parties, this affidavit establishes clear legal consent and helps prevent future disputes.

Key legal considerations

Your affidavit must clearly specify the scope and duration of the consent you're granting. Include detailed descriptions of permitted activities, any restrictions or conditions, and whether the consent is temporary or ongoing. Consider liability implications carefully, as granting property usage rights may affect your insurance coverage and legal responsibilities. If you co-own the property, ensure all co-owners provide their consent and are included in the affidavit. When dealing with corporate entities, verify their legal standing and include appropriate identification details. Be specific about access rights, permitted modifications, and restoration requirements to protect your property's condition and value.

Legal requirements in Malaysia

Under the National Land Code 1965, your affidavit must include complete property details including the title number, lot number, and registered address. The Statutory Declarations Act 1960 requires execution before a Commissioner for Oaths, who will verify your identity and witness your oath. You must provide your full name, NRIC or passport number, occupation, and current address as the deponent. The document requires proper stamping under the Stamp Act 1949, with duties calculated based on the document's value and purpose. Include a clear statement of your legal authority to grant consent, supported by evidence of ownership such as the property title or grant. If you're acting under a power of attorney, ensure compliance with the Powers of Attorney Act 1949 and attach the relevant authorization documents.