Market Analysis

Stamp Duty and Legal Costs for Industrial & Commercial Property Explained

Stamp Duty and Legal Costs for Industrial & Commercial Property Explained

Planning to buy or sell a factory, land, or commercial property in Malaysia? This blog explains the key stamp duty and legal fees involved — and how to reduce transaction costs.

Stamp Duty and Legal Costs for Industrial & Commercial Property Explained

When investing in industrial or commercial real estate — whether it’s a factory, land parcel, or shop lot — it’s crucial to understand the transaction costs beyond just the property price. Stamp duty and legal fees can add up quickly if you're not prepared. This guide breaks down the standard charges in Malaysia and how investors can legally save during the transaction process.

1. What Is Stamp Duty?

Stamp duty is a government-imposed tax on legal documents, particularly the Sale & Purchase Agreement (SPA) and loan agreement. It applies to all property transactions, including industrial and commercial assets.

Stamp Duty on Transfer of Property (2025)

Property Value (RM)Rate
First RM100,0001%
Next RM400,0002%
Next RM500,0003%
Amount exceeding RM1 million4%

Example: For a factory priced at RM2 million, total stamp duty = approx. RM66,000

Stamp Duty on Loan Agreement

  • Fixed at 0.5% of the loan amount
  • Charged if you’re financing the purchase via bank loan

2. Legal Fees for SPA & Loan Agreement

Lawyers play a key role in ensuring title transfer, due diligence, and loan documentation. Their fees are standardized under the Solicitors’ Remuneration Order (SRO).

Legal Fees on Sale & Purchase Agreement

Property Value (RM)Legal Fee Rate
First RM500,0001.0%
Next RM500,0000.8%
Next RM2 million0.7%
Next RM2 million0.6%
Exceeding RM7.5 millionNegotiable (=0.5%)

Legal Fees on Loan Agreement

  • Same rate applies based on loan value
  • Subject to 6% SST + disbursement costs (search fees, registration, etc.)

3. How to Save on Transaction Costs

  • Negotiate professional fees (where permitted) for high-value assets
  • Check for exemptions: Some SMEs may be eligible for stamp duty relief under government schemes
  • Buy under a company structure for better tax efficiency and claimable expenses
  • Bundle legal work for multiple properties to get bulk discounts

4. Common Additional Costs

  • Valuation fee (for bank loan)
  • Real estate agent’s fee (typically 2%–3%)
  • Land title search fees
  • Quit rent and assessment clearing

Conclusion

Being aware of the full cost structure helps you plan your budget accurately and avoid last-minute surprises. Whether you’re buying a factory, warehouse, or commercial lot, understanding stamp duties and legal fees is a smart first step toward a profitable transaction.

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Tags:

stamp dutylegal feescommercial propertyindustrial propertySPA costMalaysia real estateloan agreementproperty lawyer

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