Planning and Land Development Approval Process in Malaysia

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  • 1. BUILDING LEGISLATIONS AND REGULATIONS1) TOWN AND COUNTRY PLANNING Act 1976 (Act 172)2) STREET, DRAINAGE AND BUILDING Act 1974(Act 133)3) UNIFORM BUILDING BY-LAWS 1984 SPEAKER: AR. THIRILOGACHANDRAN SHANMUGASUNDARAM TLC ARCHITECT 8 APRIL, 2017
  • 2.
  • 3.LAWS AND LEGISLATION IN DEVELOPMENT Local Government /Planning Control Local Government Act 1976 (Act171) Federal Territory (Planning) Act 1982 (Act 267) Langkawi Development Authority Act 1990 (Act 432) Perbadanan Labuan Act 2001 (Act 609) Town Boards Enactment (CAP 137) Town and Country Planning Act 1976 (Act 172) Land National Land Code 1965 (Act 56) Land Acquisition Act 1960 (Act 486) Strata Title Act 1985 (Act 318) Land Conservation Act 1960 (Act 385) Buildings Street Drainage and Building Act 1974 (Act 133) Uniform Building By-Laws 1984 Environment Environmental Quality Act 1974 (Act 127) Housing Housing Developers (Control and Licensing) Act 1966 (Act118) Services Fire Services Act 1988 (Act 341) Infrastructures and Utilities Electricity Supply Act 1990 (Act 447) Sewerage Services Act 1993 (Act508)
  • 4.
  • 5.The Application for Development Proposal
  • 6.Each application processes are provided for under the various related legislation namely; National Land Code (NLC) 1965 (NLC,2008) Town and Country Planning Act, 1976 (Act 172) The Local Government Act 1976 (Act 171) Street, Drainage and Building Act 1974 (Act 133) Uniform Building By Law 1984 (UBBL)
  • 7.TOWN AND COUNTRY PLANNING ACT 1976 (ACT 172)
  • 8.TOWN AND COUNTRY PLANNING ACT 1976(Act 172) An Act for the proper control and regulation of town and country planning in Peninsular Malaysia and for purposes connected therewith or ancillary thereto. WHEREAS it is expedient for the purpose of ensuring uniformity of law and policy to make a law for the proper control and regulation of town and country planning in Peninsular Malaysia.
  • 9.The Town and Country Planning Act 1976 (Act 172) of Malaysia defines property development as “the carrying out of any building, engineering, mining, industrial or other similar operations in on, over or under land, or the making of any material change in the use of any buildings or other land, or the subdivision or amalgamation of lands.” In broad terms, development can be divided into two categories; the carrying out of physical operations such as building or engineering works, and the making of a material change of use
  • 10.In cases where the land chosen or acquired for the purpose of development is still in its agriculture status, the application for the conversion (to building or industrial status), sub- division, partition or amalgamation of wherever applicable, must be obtained land, first before any actual development can take place.
  • 11.• In Malaysia, there have been regular occurrences in the past whereby decision for land development was initiated by the government especially if it is recognized that development of certain land not necessarily idle or under-developed, is essential in fulfilling certain urban planning policies of the government. • Two good examples are the acquisition of urban land for the light rail transit project and the acquisition of mainly estate land for the Putrajaya development. • In some cases however, even though the government initiates the development plan which may involve acquisition of private-owned land, the implementation of the actual development is still usually offered to private developers.
  • 12.The laws, procedures and guidelines pertaining to the land and property development process in Malaysia are quite extensive. There are over (30-50) laws and regulations that may pose a constrain on decisions when undertaking a land development project. PSP/ Professional Architect should be well aware about the land laws and issues in relation to the land and property development.
  • 13.• In addition , the Design Standards and Guidelines which may be issued by the various local authorities and State JPBD Planning Guidelines Notes : Although these Guidelines may not have a legal weight as By-laws, regulations or orders, often they normally in practice have to be complied with
  • 14.Planning Control- Part iv TCPA(1976) and Planning Guidelines. In Sec 19 TCPA(1976) state that ‘no person other than the local authorities, shall commence, undertake, or carry out any development unless planning permission in respect of the development has been granted to him under section 22 (treatment of application or extended under subsection 24(3)(lapse of planning permission)’
  • 15.The implementation of the one-stop-centre (OSC) by Ministry of Housing and Local Government (MHLG) nationwide in April 2007 to improve the delivery system of the planning process and land development. As a result, a systematic planning process has been benefited the developers, consultants and the authorities. Nonetheless it is important that all the consultants and the developer comply to the guidelines, rules and regulations stipulated in the standard manual drawn by the MHLG (KPKT) and the Department of Town and Country Planning (JPBD) to ascertain a smoother planning approval process for land development in Malaysia.
  • 16.Town and Country Planning Act 1976 ( Act 172) The Parliament of Malaysia passed Act 172 in 1976 Malaysian town planning activities are based on the Federal Constitution - the shared responsibility of both Federal and State governments The Act contains provisions on the role and responsibilities
  • 17.TOWN AND COUNTRY PLANNING ACT 1976 (ACT 172) ARRANGEMENT OF SECTIONS PART I PRELIMINARY PART II POLICY AND ADMINISTRATION PART IIA REGIONAL PLANNING COMMITTEE PART IIB NATIONAL PHYSICAL PLAN PART III DEVELOPMENT PLANS PART IV PLANNING CONTROL PART V DEVELOPMENT CHARGE PART VA PART VI THE APPEAL BOARD PART VII PURCHASE NOTICE AD ACQUISITION OF LAND PART VIII DEVELOPMENT AREAS PART IX MISCELLANEOUS PROVISIONS
  • 18. Town and Country Planning Act 1976 ( Act 172) Since 1976, this Act has been amended and revamped to improve and update. These provisions support and help out to ensure smooth implementation. The Act will ensure that town planning activities abide by the law and are handled by a professional and qualified person.
  • 19.A Professional and Qualified person Part IV Planning Control 21c. Preparation of plan, etc. By a qualified person All plans, particulars, layout plans and other documents required to be submitted under this Act shall be prepared by- a person whose qualifications are prescribed under paragraph (h) of section 58(2), or a person who is entitled to do so under any other written law.
  • 20.PROVISION UNDER ARCHITECTS ACT 1967 (Act 117) Seksyen 8(1) & 8(2), Akta Arkitek 1967, melayakkan seseorang Arkitek Professional untuk mengemukakan pelan, butir-butir, lukisan dan dokumen-dokumen kepada mana-mana orang atau pihak berkuasa di Malaysia. “8.(1) Subject to sections 7A and 7B, only an Architect or a foreign architect who is residing in Malaysia for not less than one hundred and eighty days in any one calendar year shall be entitled to submit plans or drawings to any person or authority in Malaysia.
  • 21.PROVISION UNDER ARCHITECTS ACT 1967 (Act 117) Nothing contained in any other written law shall prevent any Architect, foreign architect or architectural consultancy practice from – (a) making valuations of buildings and structures, and of plants, machinery and equipment related to the buildings or structures connected with his or its professional practice; (b) preparing and submitting applications for planning approvals, conversions, subdivisions and amalgamation layout drawings. (c) carrying out planning studies, environmental impact studies relating to land use; and (d) preparing planning reports for any person or authority in Malaysia.”
  • 22. Holistic Development Planning System NATIONAL MISSION Vision 2020 Ninth Malaysia Plan National Urbanization Policy National Physical Plan State Structure Plan Local Plan Regional Growth Development Area Special Area Plan
  • 23.What are Development Plans? A Development Plan is part of the framework of our national development policy which consists of: The National Physical Plan (at national level) State Structure Plan (at district level ) Local Plan (at district level) Development plans contain policies and proposals on systematic construction of physical structures and comfortable environment to fulfil the public social and economic needs.
  • 24.What is a Structure Plan (SP)? Sections 7 to 11 Part III of the Act 172 SP(RSN) is a written statement supported by maps and diagrams that contains: Policies and strategic proposal in respect of the development and use of land, e.g Regional Ctrs, Sub-regional ctrs, Local ctrs. Co-ordinating of proposals on development and land use in areas bordering other state. Other matters deemed appropriate and necessary by the SPC and National Physical Planning Council.
  • 25.What is a Local Plan (LP)? Section 12 to 16 of the Act 172 LP interprets and expands on the strategic policies and proposals provided in the State’s SP. LP explains in detail the LPA proposals for the development and use of land e.g Pusat Bandar, Reka Bentuk Bandar LP contains maps, diagrams and illustrations as well as narrative statements supported by guidelines of implementation.
  • 26.How the Public can be Involved in a Development Plan? Act 172 allows the public to be involved in its preparation Section 13(2) Act 172, Draft LP (LPA) must be made available for public inspection and objection for a period not less than 4 weeks. Announcement of the public inspection period will be published in newspapers. After expiry of objection period, and after considering objections, LPA will notify SPC. Once an LP is approved and gazetted, all development activities must follow the approved plan.
  • 27.Who is your Local Planning Authority? Section 12 to 16 of the Act 172 The Town and Country Planning Act 1976(Act172) provides the mandate to local authority to act as the local planning authority (section5, Act 172). This means that all local authorities, be the district councils, municipal councils, city councils and city hall will be the LPA within their jurisdictions. For areas outside the jurisdiction of any LAs, the State Director of Town and Country Planning Department (JPBD) will be the LPA for that area.
  • 28.Local Planning Authority The main duties and role of an LPA from the legal aspects, can be referred to the Local Government Act 1976(Act 171). The main functions of an LPA are: Processing applications for planning permission submitted by the public. Controlling land use development activities through relevant laws and guidelines. Coordinating the implementation of policies and strategies of gazetted development plans
  • 29.Planning Control The development must be in conformity to LP. Prohibition of Development without Planning Permission (PP). Only LPA may carry out development without PP Prohibition of Development contrary to PP. Must be in conformity to PP granted. Part IV Act 172 contains monitoring and procedural system for town and country planning to facilitate planning control.
  • 30. What is Planning Permission ? (Kebenaran Merancang) A planning permission is a written permission obtained from a local planning authority(LPA) before any development project can be carried out. A planning permission must be acquired after use of land conversion is approved and before building plan process can proceed. There is no minimum land area exempted from planning permission.
  • 31.Planning Permission according to Act 172 Section 19(1)Act 172 provides that no person, other than a local authority, shall commence, undertake or carry out any development unless a planning permission in respect of the development has been granted to him under section 22 Act 172 or extended under section 24(3). Lapse of planning permission Section 21(1) of the Town and Country Planning Act 1976 (Act 172) defines “planning permission” as a permission granted, with or without conditions, to carry out any development activity.
  • 32.Development Proposal Report Development Proposal Report (DPR) / Laporan Cadangan Pemajuan (LCP) is a technical report that explains and justifies a development proposal to be submitted by an applicant for planning permission under section21A(1) and Layout Plan section21B of Act 172.
  • 33.Planning Terms Density- means the intensity of use of land, expressed in terms of the number of persons, dwelling units or habitable rooms per unit area of land. Does not include a kitchen, storeroom, utility room, lavatory, bathroom,garage. Plinth area- means the proportion to be covered by building of the area of any lot. Plot ratio- means the ratio of the total floor area of a building to the area of the building plot as measured between the survey boundary lines.
  • 34.What are the contents of a DPR?/LCP The contents of a (DPR/LCP) must follow the provisions of sections 21A(1) of the Town and Country Planning Act 1976(Act172). The development proposal's concept and justification. A location map, key plan, site plan and contour plan. Particulars of land ownership and restrictions. A description of land including its physical environment, topography, landscape, geology, contours, drainage and natural features on the proposed site. A survey of all existing trees ,vegetation and buiding affected by the development. A land use analysis and its effect on adjoining land. Laporan Cadangan Pemajuan
  • 35.When is a DPR/LCP necessary? DPR/LCP must be prepared for all development proposal applications in a particular local planning authority’s jurisdiction. e.g(Planning Brief or LPP) DPR/LCP may also be required in the following circumstances: Land Use Conversion Application Layout Plan Approval Application Building Plan Approval Application Land Subdivision Application Laporan Cadangan Pemajuan
  • 36.Who Grants a Planning Permission? Planning permission is granted by the LPA For Municipal / District Councils, planning permission is granted by Local Authority. Outside jurisdiction of LA, the permission may be obtained from JPBD. Before a planning permission is granted, all applications will be referred to technical agencies such as: Local Authority-Planning, Building, Landscape and engineering dept, District Land Office (PTD), State Planning(JPBD), Department of Irrigation and Drainage (JPS), District Public Works Department (JKR), Tenaga Nasional Berhad (TNB Regional Office), State Environment Department DOE(JAS), Fire Department (BOMBA), (SPAN for IWK and Water, SKMM)etc. A final decision will be made by a committee or a full council chaired by the President of an LA or District.
  • 37.Planning Permission has an Expiry Date Planning permission has a validity period of 12 months section 24(1)T&CP Act 1976 (Act 172). During that period, site works must commence as approved in planning permission. The Planning Permission will automatically lapse if no work is carried out on site. Section 24(4) of Act 172 provides for a planning permission validity period be extended for another 12 months upon request. The local planning authority may imposed further conditions in approving the extension of the validity period. However, the validity period shall not apply for planning permissions that do not involve building works.
  • 38.An approved planning permission may be revoked by a local planning authority if it is in the public interest to do so. The revocation order must be confirmed by the State Planning Committee. Local Planning Authority may also demolish any building constructed in revoking the planning permission Section 25(4) Act 172 Do You Know that an Approval Planning Permission may be Revoked by the Local Planning Authority?
  • 39.What if an applicant is Dissatisfied with the Local Planning Authority’s Decision? Section 23(1) T&CP Act 1976(Act172), States that an applicant who is dissatisfied with conditions attached may appeal to the State’s Appeal Board within one month. The Appeal Board will review the decision made by LPA and listen to the views of both sides. The Appeal Board will then decide whether to grant, uphold, revoke or modify the planning permission.
  • 40.Local Plan – section12(3)(a)viii Local Plan must include detailed proposal to preserve and enhance the character and appearance of building. Development Proposal Report – section21A(d)iii and section21(B)(1)(b) Developers are to list particulars of buildings, especially those with architectural and historical values and steps to protect, preserve and beautify . Planning Permission – section22(i),(j),(k) LPA need to observe guidelines on preserving buildings of historical or architectural interest when granting planning permission. Recent amendment to the Town And Country Planning Act 1976 Relating to Heritage Conservation
  • 41.The amendment to the Town and Country Planning Act 1976 relating to Heritage Conservation section 22(i) Development involving the erection of a new building must ensure that the building is compatible and in character with existing buildings in all aspects. section21(j) Development involving alteration or addition to an existing building must ensure that the façade and other external character are retained. section22(k) Development involving the re-erection of building of historical or architectural interest must ensure that the façade and other external character of the demolished building are retained.
  • 42.In general, the proposed development may begin. A Layout plan is also approved by the local authority. This layout plan may be used by Surveyors and Architects to work on the development. A pre-comp plan is prepared by the surveyor using exact measurements and bearings to ensure that they correspond with the layout plan and actual site. This pre-comp plan is used by Architects to design buildings in the layout plan (building plan). Building plan must approved by local authorities, as well as other plan ( engineering drawings) infrastructure plan Earthworks may commence once all the required approval is obtained. What can be done upon Grant of Planning Permission ?
  • 43.Planning permission is part of the processes to be followed in obtaining approval for planning a particular development project. The processes include: Layout plan approval (planning permission) Pre-comp plan approval (sub-division) Building plan approval Land Use conversion approval (Land Office) What is the connection between Planning Permission and Development?
  • 44.STREET, DRAINAGE AND BUILDING ACT 1974 (ACT 133)
  • 45.STREET, DRAINAGE AND BUILDING ACT 1974 (Act 133) An Act to amend and consolidate the laws relating to street, drainage and building in local authority areas in West Malaysia, and for purposes connected therewith. WHEREAS it is desired to introduce in the form of an Act of Parliament a uniform system with respect to street, drainage and building in local authority areas in Peninsula Malaysia;
  • 46. AND WHEREAS it is now expedient for the purpose only of ensuring uniformity of law and policy to make a law with regard to local government matters relating to street, drainage and building; Now, THEREFORE, pursuant to the provisions of Clause (4) of Article 76 of the Constitution BE IT ENACTED by the Seri Paduka Baginda yand di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:
  • 47.STREET, DRAINAGE AND BUILDING ACT 1974 (ACT 133) ARRANGEMENT OF SECTIONS PART I PRELIMINARY PART II STREETS PART III DRAINS PART IV BACK-LANES PART V BUILDINGS PART VI MISCELLANEOUS PART VII BY-LAWS PART VIII REPEALS, TRANSITIONAL PROVISIONS, ETC.
  • 48.PART VBUILDINGS Notice of new buildings. Local authority may give directions Buildings directed to be set forward Compensation where building directed to be set back Notice of commencement of resumption of building operations What constitutes erecting a building Approval of plans Issuance of certificate of completion and compliance 70A. Earthworks.
  • 49.70B. Order to review safety and stability in the course of erection of building. 70C. Revocation of approval of any plan, specification and permission. 70D. Inspection of erection of building at any stage and taking of sample for analysis. Penalty for failure of building or Earthworks. Demolition or removal of unauthorized building. Notice before demolition Penalty for letting out and sales of unauthorized building. Modification of waiver of by-laws. Rights of owners of adjoining premises
  • 50.Land to be set apart for back-lane. Situation of back-lane Non-approval of plan where building site does not abut on land available for a back-lane Acquisition of land between building site and line of back-lane Prohibition of building on insanitary ground. Penalty Buildings over public sewers, etc., not to be erected without consent of local authority. Removal of roofs and walls made of combustible materials. Renewal or repairing with combustible materials Erection of compartments, galleries, lofts, etc., in buildings.
  • 51.Movable shed not to be erected without permission. Local authority may cause drains to be made for premises which are not properly drained. Hoardings to be set up during building operations. Penalty Proviso Powers as regards building in ruinous and dangerous state. Power to shut up and secure deserted buildings. Building to which public have access to be clean. 85A.Periodical inspection of buildings. Nuisances liable to be dealt with summarily under this Act. Notice requiring abatement of nuisance. Power to require works to be executed
  • 52.On non-compliance with notice, nuisance order to be made. Nuisance order Abatement order Prohibition order When to specify works to be executed Closing order When to be made Cancelling closing order Penalty for not complying with order Ejectment after closing order Expenses of removal Order for demolition of house unfit for habitation. Execution of order for demolition.
  • 53.UNIFORM BUILDING BY-LAWS 1984
  • 54.UNIFORM BUILDING BY-LAWS 1984 In exercise of the powers conferred by section 133 of the Street, Drainage and Building Act 1974, the Minister/State Authority makes the following by-laws:
  • 55.UNIFORM BUILDING BY-LAWS 1984 ARRANGEMENT OF BY-LAWS PART I PRELIMINARY PART II SUBMISSION OF PLANS FOR APPROVAL PART III SPACE, LIGHT AND VENTILATION PART IV TEMPORARY WORKS IN CONNECTION WITH BUILDING OPERATIONS PART V STRUCTURAL REQUIREMENTS PART VI CONSTRUCTIONAL REQUIREMENTS PART VII FIRE REQUIREMENTS PART VIII FIRE ALARMS, FIRE DIRECTION, FIRE EXTINGUISHMENT AND FIRE FIGHTING ACCESS PART IX MISCELLANEOUS
  • 56.PART II:SUBMISSIONS OF PLANS FOR APPROVAL Submissions of plans for approval. Return of plan. Supervision of work. Plans to be signed. Withdrawal or change of qualified person. Plans to be deposited in triplicate. Scale of plans. Plans required.
  • 57. Exemption from by-law 10. Sketch plans for approval in principle. Special permission to commence building operations. Plans of alterations. Specifications. Details and calculations of structural plans. Power of local authority to reject structural plans and calculations. Permits. Temporary permits. Advertisement hoardings.
  • 58. Materials not to be deposited in a street without permission. Notice of commencement or resumption of building operations. Notice of completion of setting out. Notice of completion of excavation for foundation. Certificate of fitness for occupation. 25A. Certificate of completion and compliance. Temporary certificate of fitness for occupation. Partial certificate of fitness for occupation. Offence under the Act. Fees for consideration of plans and for permits.
  • 59.7. Withdrawal or change of qualified person. (1) The qualified person submitting the plans shall be responsible for the proper execution of the works and shall continue to be so responsible until the completion of the works unless- with the agreement of the local authority another qualified person is appointed to take over; or the local authority agrees to accept his withdrawal or replacement at the request of the owner provided that the erection of a building has not commenced. (2) Where the local authority agrees to accept a qualified person’s withdrawal or replacement under paragraph (1)(b) of by-law 7 the works shall not commence until another qualified person is appointed to take over. (3) Where any qualified person who has submitted any plan, drawing or calculation in respect of any building has died or become bankrupt or cannot be found or as been deregistered from the register or for any other reason ceased to practice, the owner or occupier shall as soon as practicable appoint another qualified person to act for him and to submit adequte evidence to the local authority of the circumstances.
  • 60.25A. Certificate of completion and compliance. (1) A copy of the certificate of completion and compliance in Form F in the Second Schedule shall be given to the owner of a singly built detached house when the qualified person has certified in Form F that- he has supervised the erection and completion of the singly built detached house and that to the best of his knowledge and belief the singly built detached house has been constructed in accordance with these By-Laws; the conditions imposed by the local authority have been satisfied; all essential services have been provided; and he accepts full responsibility for the portions that he is concerned with. (2) The qualified person shall forward a copy of the certificate of completion and compliance to the local authority and the Lembaga Arkitek Malaysia.
  • 61. THANK YOU Ar S.THIRILOGACHANDRAN
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