SPEAKER:

AR. THIRILOGACHANDRAN SHANMUGASUNDARAM

TLC ARCHITECT
8 APRIL, 2017
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)
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)
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)
Services
Fire Services Act 1988 (Act 341)
Infrastructures and Utilities
Electricity Supply Act 1990 (Act 447)
Sewerage Services Act 1993 (Act508)
 FOUR MAIN STAGES AUTHORITY

1. Application for land matters District Land Office/Department

of Land and Mine
2. Application for Planning LOCAL AUTHORITY
Permission (Kebenaran Planning department
Merancang)
3. Application for Building Plans LOCAL AUTHORITY
Building department
4. Application for Earthworks LOCAL AUTHORITY
Plan and Road and Drainage Engineering department
plans
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)
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.
• 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;
i.the carrying out of physical operations such as
building or engineering works, and
ii. the making of a material change of use
• 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 land,
wherever applicable, must be obtained first
before any actual development can take place.
•
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.
 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.
 • 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
 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)’
 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.
 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

 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
 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.
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) a person whose qualifications are prescribed

under paragraph (h) of section 58(2), or
b) a person who is entitled to do so under any
other written law.
 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.
2) 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.”
 National Planning Physical Council
Chairman ; Prime Minister
NATIONAL MISSION
Secretariat : DG TCPD Vision 2020
Ninth Malaysia Plan
National Urbanization Policy
State Planning Committee
Chairman ; Chief Minister
Secretariat : SD TCPD

National Physical Plan

State Planning Committee
Local Planning Authority State Structure Plan
Chairman ; Chief Minister
Secretariat : SD TCPD

Local Plan

State Planning Committee

Local Planning Authority SD or Regional Growth Development
Town and Country Planning Department Area
Special Area Plan
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.
 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.
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.
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.
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.
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
Part IV Act 172 contains monitoring and procedural
system for town and country planning to facilitate
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 PPgranted.

 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.
 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.
 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.
 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.
 Laporan Cadangan Pemajuan

• 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

 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
 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.
 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.
 Do You Know that an Approval Planning
Permission may be Revoked by the Local
Planning Authority?

 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
 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.
 Recent amendment to the Town And Country
Planning Act 1976 Relating to Heritage Conservation

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.
 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.
 What can be done upon
Grant of Planning Permission ?

 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 is the connection between Planning
Permission and Development?
 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)
STREET, DRAINAGE AND BUILDING
ACT 1974 (ACT 133)
 (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;
 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:
 (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.
70. 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.
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.
71. Penalty for failure of building or Earthworks.
72. Demolition or removal of unauthorized building.
• Notice before demolition
73. Penalty for letting out and sales of unauthorized
building.
74. Modification of waiver of by-laws.
• Rights of owners of adjoining premises
75. 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
76. Prohibition of building on insanitary ground.
• Penalty
77. Buildings over public sewers, etc., not to be
erected without consent of local authority.
78. Removal of roofs and walls made of
combustible materials.
• Renewal or repairing with combustible materials
79. Erection of compartments, galleries, lofts, etc., in
buildings.
80. Movable shed not to be erected without permission.
81. Local authority may cause drains to be made for
premises which are not properly drained.
82. Hoardings to be set up during building operations.
• Penalty
• Proviso
83. Powers as regards building in ruinous and dangerous
state.
84. Power to shut up and secure deserted buildings.
85. Building to which public have access to be clean.
85A.Periodical inspection of buildings.
86. Nuisances liable to be dealt with summarily under
this Act.
87. Notice requiring abatement of nuisance.
• Power to require works to be executed
88. 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
89. Order for demolition of house unfit for habitation.
90. Execution of order for demolition.
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:
 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
3. Submissions of plans for approval.
4. Return of plan.
5. Supervision of work.
6. Plans to be signed.
7. Withdrawal or change of qualified person.
8. Plans to be deposited in triplicate.
9. Scale of plans.
10. Plans required.
11. Exemption from by-law 10.
12. Sketch plans for approval in principle.
13. Special permission to commence building
operations.
14. Plans of alterations.
15. Specifications.
16. Details and calculations of structural plans.
17. Power of local authority to reject structural
plans and calculations.
18. Permits.
19. Temporary permits.
20. Advertisement hoardings.
21. Materials not to be deposited in a street without
permission.
22. Notice of commencement or resumption of
building operations.
23. Notice of completion of setting out.
24. Notice of completion of excavation for
foundation.
25. Certificate of fitness for occupation.
25A. Certificate of completion and compliance.
26. Temporary certificate of fitness for occupation.
27. Partial certificate of fitness for occupation.
28. Offence under the Act.
29. Fees for consideration of plans and for permits.
 (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-
a) with the agreement of the local authority another qualified person is
appointed to take over; or
b) 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.
 (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-

a) 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;
b) the conditions imposed by the local authority have been satisfied;
c) all essential services have been provided; and
d) 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.
THANK YOU

Ar S.THIRILOGACHANDRAN