LAWS OF MALAYSIA - DOA

1 Town and Country Planning1 LAWS OF MALAYSIAREPRINTAct 172 TOWN AND COUNTRYPLANNING ACT 1976 Incorporating all amendments up to 1 January 2006 PUBLISHED BYTHE COMMISSIONER OF LAW REVISION, MALAYSIAUNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD ANDPERCETAKAN NASIONAL MALAYSIA BHD20062 Laws of MalaysiaACT 172 TOWN AND COUNTRY PLANNING ACT 1976 Date of Royal ..18 March 1976 Date of publication in the ..25 March 1976 PREVIOUS REPRINTSF irst Reprint ..2001 Third and Country Planning3 LAWS OF MALAYSIAAct 172 TOWN AND COUNTRY PLANNING ACT 1976 ARRANGEMENT OF SECTIONSPART title, application and IIPOLICY AND ADMINISTRATION2A. National Physical Planning Council2B. Director General of Town and Country planning State Planning Committee and its planning of local planning authoritiesPART IIAREGIONAL PLANNING COMMITTEE6A.

2 Regional planning committeePART IIBNATIONAL PHYSICAL PLAN6B. National physical plan4 Laws of MalaysiaACT 172 PART IIIDEVELOPMENT of planning of draft structure in connection with preparation of draft structure or rejection of draft structure plans by or alteration of structure plans11A. Procedure for review of structure plan11B. Procedure for alteration of structure of draft local plans12A. Publicity in connection with preparation of draft local in connection with draft local and hearings in respect of draft local or rejection of draft local , revocation and replacement of local plans16A. Preparation, etc., of local plan by State Director16B. Special area to make rulesPART IVPLANNING of land and of development without planning of development contrary to planning permission20A.

3 Duty to for planning permission21A. Development proposal report21B. Layout plans21C. Preparation of plan, etc., by a qualified of against decision of local planning of planning permissionTown and Country and modification of planning permission and approval ofbuilding relating to unauthorized in the case of contravention of section in the case of contravention of section in the case of development that is inconsistent with modifiedplanning permission or approval of building by authorized person31A. Inconsistency between building by-laws and development planPART VDEVELOPMENT charge and liability of development of development to make rulesPART VATREE PRESERVATION ORDER35A. Tree preservation order35B.

4 Tree preservation order not to be made if tree is already subjected toconditions35C. Appeal against tree preservation order, Compensation under a tree preservation order35E. Replacement of trees35F. Local planning authority to replace tree if the person whose duty it isto replace fails to do so35G. Revocation of a tree preservation order35H. Prohibition to fell, etc., tree with girth exceeding metrePART VITHE APPEAL Appeal BoardSection6 Laws of MalaysiaACT 172 PART VIIPURCHASE NOTICE AND ACQUISITION OF requiring purchase of land in certain casesPART VIIIDEVELOPMENT of development of provisions for planning authority may employ agents, enter into arrangementsand establish to borrow to dispose of land and to make rulesPART IXMISCELLANEOUS of of of from production of documents and appearing as of for interference with marks52A.

5 Offences by body Authorities Protection against claims in respect of damage or of Act 119 to local inquiry or from fees and to make of existing planning lawsTown and Country Planning7 LAWS OF MALAYSIAAct 172 TOWN AND COUNTRY PLANNING ACT 1976An Act for the proper control and regulation of town and countryplanning in Peninsular MALAYSIA and for purposes connected therewithor ancillary thereto.[See Appendix]WHEREAS it is expedient for the purpose of ensuring uniformity oflaw and policy to make a law for the proper control and regulationof town and country planning in Peninsular MALAYSIA :AND WHEREAS it is also expedient that provisions be made toconfer executive authority on the Federation over certain mattersin relation to the control and regulation of town and country planning:NOW, THEREFORE, pursuant to Clause (1) of Article 74, Clause (4)of Article 76 and Clause (2) of Article 80 of the Constitution, BEIT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agongwith the advice and consent of the Dewan Negara and DewanRakyat in Parliament assembled, and by the authority of the same,as follows:PART IPRELIMINARYS hort title, application and commencement1.

6 (1) This Act may be cited as the Town and Country PlanningAct 1976 and shall apply in Peninsular MALAYSIA .(2) Subject to subsection (3), this Act shall come into operationin a State on a date to be appointed by the State Authority, withthe concurrence of the Minister, by notification in the State Gazette*.*NOTE See of MalaysiaACT 172(3) The State Authority may bring this Act into operation in anymanner the State Authority thinks most advantageous, convenient,expedient, or practicable, whether by appointing different datesfor different provisions of this Act, by appointing different datesfor different local authority areas or parts thereof, by bringing aprovision into operation generally in the State and at the same timedeclaring that, for or until such time as may be specified, theprovision shall or shall not apply to or in relation to a localplanning authority or the area or any part of the area of a localplanning authority to such extent only as may be specified, or inany other (1)

7 In this Act, unless the context otherwise requires agriculture includes horticulture, farming, the growing of crops,fruits, vegetables, or trees, the growing of plants for use as fodder,dairy farming, the breeding and keeping of livestock, fish, or bees,and the use of land for purposes ancillary to any of those activitiesor to any other agricultural activities; but does not include the useof land as a garden to be enjoyed together with a building attachedto the land; and agricultural shall be construed accordingly; amenities means such quality or condition of a place or areaas contributes to its pleasantness, harmony and better enjoyment,and includes open spaces, parks, recreation grounds, and playgrounds; Appeal Board means the Appeal Board constituted under section36; authorized person , in relation to any provision, means a persondesignated in writing by the local planning authority to be anauthorized person for the purposes of that provision; building includes any house, hut, shed, or roofed enclosure,whether or not used as a human habitation, and any wall, fence,platform, staging, gate, post, pillar, paling, frame, hoarding, slip,dock, wharf, pier, jetty, landing-stage, or bridge, and any structure,support, or foundation connected to or with any of those structures;Town and Country Planning9 building operation means the demolition, erection, re-erection,or extension of a building or part thereof and includes (a)any increasing of the height or floor area of a building.

8 (b)the roofing or re-roofing of a building or part thereof;(c)any addition to or alteration of a building that affects oris likely to affect its drainage or sanitary arrangementsor its soundness;(d)any addition to or alteration of a building, whether donebefore or after completion of the building, that departsin any manner from any plan or specification in respectof the building approved at any time by any authorityempowered under any written law to approve the plan orspecification;(e)any addition to or alteration of a building that materiallyaffects or is likely to materially affect the building in anymanner; and(f)any other operation normally undertaken by a personcarrying on the business of building construction; Committee means the State Planning Committee establishedunder section 4; Council means the National Physical Planning Councilestablished under section 2A; density means the intensity of use of land reckoned or expressedin terms of the number of persons, dwelling units, or habitablerooms, or any combination of those factors, per unit area of land;and for the purpose of this definition, habitable room does notinclude a kitchen, storeroom, utility room, lavatory, bathroom, orgarage; development means the carrying out of any building, engineering,mining, industrial, or other similar operation in, on, over, or underland, the making of any material change in the use of any land orbuilding or any part thereof, or the subdivision or amalgamationof lands.

9 And develop shall be construed accordingly; development area means a development area declared undersubsection 38(1);10 Laws of MalaysiaACT 172 development charge means the development charge referredto in section 32; development plan , in relation to an area, means (a)the local plan for the area; or(b)if there is no local plan for the area, the structure planfor the area,and, in relation to any land or building, means the developmentplan, as so defined, for the area in which the land or building issituated; development proposal report means the report required to besubmitted by an applicant for planning permission under subsection21A(1); Director General of Town and Country Planning means theDirector General of Town and Country Planning whose functionsare set out primarily in section 2B; earthworks includes any act of excavation, levelling, fillingwith any material, or felling of trees on any land, or any act ofdealing with or disturbing any land; engineering operation includes the formation or levelling ofland, the formation or laying out of means of access to a road, andthe laying out of cables, mains, or means of water supply ordrainage; felling a tree includes cutting down, topping, lopping, uprooting,damaging or destroying a tree.

10 Floor area means the total area of floor space within a building,as measured between the external sides of walls or, in the case ofparty walls, between the centres of such walls; land includes (a)the surface, and all substances forming the surface, of theearth;(b)all substances below the surface of the earth;Town and Country Planning11(c)all vegetation and other natural products, whether or notrequiring periodical application of labour to theirproduction, and whether on or below the surface of theearth;(d)all things, whether on or below the surface of the earth,that are attached to the earth or permanently fastened toany thing attached to the earth;(e)land covered by water; and(f)any estate or interest in, or right over, land; local authority means any city council, municipal council,municipality, district council, town council, town board, local council,rural board, or other similar authority established by or under anywritten law; local plan , in relation to an area, means the local plan for thearea, and any alteration of the plan, for the time being havingeffect in the area by virtue of subsection 15(1); and, in relationto any land or building, means the local plan, as so defined, forthe area in which the land or building is situated; and draft localplan shall be construed as the context requires; local planning authority , in relation to an area, shall be construedas provided in section 5 and, in relation to any land or building,means