Affidavit Of No Improvement Template for Malaysia

An Affidavit of No Improvement is a sworn legal document that you use to formally declare that no structural changes, additions, or improvements have been made to your property during a specific period. This legally binding statement is executed under oath before a Commissioner for Oaths and serves as official confirmation of your property's unchanged condition under Malaysian law.

When do you need this document?

You'll need this affidavit in several key situations throughout property ownership and transactions. Banks frequently require it during mortgage applications or refinancing to verify that no unauthorized improvements have increased the property's value beyond their initial assessment. Property buyers and their solicitors often request this document during due diligence to ensure the property hasn't been modified without proper approvals. Local authorities may demand this affidavit when investigating potential building code violations or unauthorized construction. Insurance companies sometimes require it when assessing claims or updating policies, and developers may need it when applying for development permits or subdivision approvals.

Key legal considerations

Your affidavit must contain precise property identification details including lot number, title information, and complete address to ensure legal validity. The document should clearly define the time period being covered and specify exactly what constitutes "improvements" in your declaration. You must establish your legal standing and knowledge basis regarding the property, whether as owner, authorized agent, or other qualifying relationship. Any false statements in the affidavit constitute perjury under Malaysian law, carrying serious criminal penalties including imprisonment. The document must be properly witnessed and notarized by an authorized Commissioner for Oaths to have legal effect in courts and official proceedings.

Legal requirements in Malaysia

Under the Statutory Declarations Act 1960, your affidavit must be sworn before a Commissioner for Oaths appointed under the Commissioners for Oaths Act 1959. The National Land Code 1965 governs what constitutes property improvements and fixtures that must be disclosed. You must provide valid identification through NRIC or passport, and the Commissioner must verify your identity before administering the oath. The document must comply with Rules of Court 2012 formatting requirements if intended for court proceedings. Local authorities may have additional requirements under the Street, Drainage and Building Act, particularly regarding structural modifications and building permits. The Evidence Act 1950 governs how your affidavit will be treated as evidence in legal proceedings, making accuracy and completeness essential for its admissibility and weight in court.