MALAYSIA Law and Practice Contributed by: Natalie Ooi and Nicholas Ooi, Ooi & Ooi
4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning In Malaysia, property development, planning and zoning are governed by a mix of federal legis - lation and state/local-level regulations, due to Malaysia’s federal structure where land matters are under state jurisdiction (per FC, Ninth Sched - ule, List II – State List). The Town and Country Planning Act 1976 (TCPA) is the principal law applicable to plan - ning and zoning in Peninsular Malaysia. Sabah and Sarawak have their own laws, namely the Town and Country Planning Ordinance 1950 and Land Ordinance (Sabah Cap 68) of Sabah and the Sarawak Land Code and Sarawak Planning Ordinance 1962. The planning system is hierarchical (national, then state, then local). On the state level, each state authority has its own land rules and guide - lines, typically under a Land Rules Enactment or Planning Enactment. The NLC governs usage categories for land, under the three categories of residential, agri - cultural and commercial. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction The TCPA governs land use and zoning, plan - ning control over the use of land or buildings, and development plans. The Street, Drainage and Building Act 1974 (SDBA) governs the con - struction, refurbishment and maintenance of buildings and infrastructure. The SDBA’s sub - sidiary legislation, the Uniform Building By-Laws 1984 (UBBL), delineates the minimum building
standards, fire safety, access, building design and amenities. While the UBBL is intended to be a national standard, many states have adopted their own variations or building by-laws. 4.3 Regulatory Authorities Under the TCPA, the local government is a planning authority responsible for regulating the development and designated use of individual parcels of real estate; see 4.4 Obtaining Enti- tlements to Develop a New Project for further detail. 4.4 Obtaining Entitlements to Develop a New Project The TCPA gives local authorities wide powers and responsibility for the managing and carrying on of the daily administration of land use, such as planning, decision-making and development controls. This legal framework takes population density and environmental and heritage factors into account, among others. The TCPA applies to all lands, structures and buildings within their local authority area of responsibility. The TCPA applies to all states in Peninsular Malaysia, except for the Federal Territory. Other planning law legislation includes: • the Federal Territory (Planning) Act 1982 for the Federal Territories of Kuala Lumpur, Putrajaya and Labuan; • the Town & Country Planning Ordinance 1952 of Sarawak; and • the Town & Country Planning Ordinance 1950 of Sabah. Under the TCPA, a developer must ensure com - pliance with zoning and local plans. Planning permission or development order and approval for building plans must be obtained from the
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