Town and Country Planning Act 1976 Notes
Town and Country Planning Act 1976
Laws of Malaysia Reprint
Act 172, incorporating amendments up to January 1, 2006.
Published by the Commissioner of Law Revision, Malaysia.
In collaboration with Malayan Law Journal Sdn Bhd and Percetakan Nasional Malaysia Bhd, 2006.
Act 172: Town and Country Planning Act 1976
Date of Royal Assent: 18 March 1976
Date of publication in the Gazette: 25 March 1976
Previous Reprints:
First Reprint: 1998
Second Reprint: 2001
Third Reprint: 2005
Arrangement of Sections
Part I: Preliminary
Section 1: Short title, application, and commencement.
Section 2: Interpretation.
Part II: Policy and Administration
Section 2A: National Physical Planning Council.
Section 2B: Director General of Town and Country Planning.
Section 3: General planning policy.
Section 4: The State Planning Committee and its functions.
Section 5: Local planning authorities.
Section 6: Functions of local planning authorities.
Part IIA: Regional Planning Committee
Section 6A: Regional planning committee.
Part IIB: National Physical Plan
Section 6B: National physical plan.
Part III: Development Plans
Section 7: Survey of planning areas.
Section 8: Preparation of draft structure plans.
Section 9: Publicity in connection with preparation of draft structure plans.
Section 10: Approval or rejection of draft structure plans by Committee.
Section 11: Review or alteration of structure plans.
Section 11A: Procedure for review of structure plan.
Section 11B: Procedure for alteration of structure plan.
Section 12: Preparation of draft local plans.
Section 12A: Publicity in connection with preparation of draft local plan.
Section 13: Publicity in connection with draft local plans.
Section 14: Inquiries and hearings in respect of draft local plans.
Section 15: Approval or rejection of draft local plans.
Section 16: Alteration, revocation, and replacement of local plans.
Section 16A: Preparation, etc., of local plan by State Director.
Section 16B: Special area plan.
Section 17: Power to make rules.
Part IV: Planning Control
Section 18: Use of land and buildings.
Section 19: Prohibition of development without planning permission.
Section 20: Prohibition of development contrary to planning permission.
Section 20A: Duty to consult.
Section 21: Application for planning permission.
Section 21A: Development proposal report.
Section 21B: Layout plans.
Section 21C: Preparation of plan, etc., by a qualified person.
Section 22: Treatment of applications.
Section 23: Appeal against decision of local planning authority.
Section 24: Lapse of planning permission.
Section 25: Revocation and modification of planning permission and approval of building plans.
Section 26: Offences relating to unauthorized development.
Section 27: Enforcement in the case of contravention of section 19.
Section 28: Enforcement in the case of contravention of section 20.
Section 29: Enforcement in the case of development that is inconsistent with modified planning permission or approval of building plan.
Section 30: Requisition notice.
Section 31: Execution by authorized person.
Section 31A: Inconsistency between building by-laws and development plan.
Part V: Development Charge
Section 32: Development charge and liability thereto.
Section 33: Determination of development charge.
Section 34: Payment of development charge.
Section 35: Power to make rules.
Part VA: Tree Preservation Order
Section 35A: Tree preservation order.
Section 35B: Tree preservation order not to be made if tree is already subjected to conditions.
Section 35C: Appeal against tree preservation order, etc.
Section 35D: Compensation under a tree preservation order.
Section 35E: Replacement of trees.
Section 35F: Local planning authority to replace tree if the person whose duty it is to replace fails to do so.
Section 35G: Revocation of a tree preservation order.
Section 35H: Prohibition to fell, etc., tree with girth exceeding 0.8 metre.
Part VI: The Appeal Board
Section 36: The Appeal Board.
Part VII: Purchase Notice and Acquisition of Land
Section 37: Notice requiring purchase of land in certain cases.
Part VIII: Development Areas
Section 38: Declaration of development areas.
Section 39: Effect of declaration.
Section 40: Special provisions for compensation.
Section 41: Local planning authority may employ agents, enter into arrangements and establish corporations.
Section 42: Power to borrow moneys.
Section 43: Power to dispose of land and property.
Section 44: Power to make rules.
Part IX: Miscellaneous Provisions
Section 45: Power of entry.
Section 46: Service of documents.
Section 47: Authentication of documents.
Section 48: Documentary proof.
Section 49: Privilege from production of documents and appearing as witness.
Section 50: Prosecution.
Section 51: Jurisdiction of courts.
Section 52: Penalty for interference with marks.
Section 52A: Offences by body corporate.
Section 53: Public servants.
Section 54: Public Authorities Protection Act.
Section 55: Indemnity against claims in respect of damage or loss.
Section 56: Application of Act 119 to local inquiry or hearing.
Section 57: Exemption from fees and charges.
Section 58: Power to make rules.
Section 59: Repeal of existing planning laws.
Act 172: Town and Country Planning Act 1976
An Act for the proper control and regulation of town and country planning in Peninsular Malaysia and for purposes connected therewith or ancillary thereto.
Ensuring uniformity of law and policy for town and country planning in Peninsular Malaysia.
Executive authority is conferred on the Federation over certain matters related to the control and regulation of town and country planning.
Enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled.
Part I: Preliminary
1. Short title, application and commencement:
This Act may be cited as the Town and Country Planning Act 1976 and applies in Peninsular Malaysia.
The Act comes into operation in a State on a date appointed by the State Authority, with the Minister's concurrence, by notification in the State Gazette.
2. Interpretation:
Defines key terms used in the Act, including:
Agriculture: Includes horticulture, farming, growing crops/fruits/vegetables/trees, fodder, dairy farming, breeding and keeping livestock/fish/bees, and related land use, excluding gardens attached to buildings.
Amenities: Qualities contributing to pleasantness and enjoyment, including open spaces, parks, recreation grounds, and playgrounds.
Appeal Board: The board constituted under section 36.
Authorized person: A person designated by the local planning authority.
Building: Includes houses, huts, sheds, roofed enclosures, walls, fences, platforms, staging, gates, posts, pillars, paling, frames, hoardings, slips, docks, wharfs, piers, jetties, landing-stages, bridges, and connected structures.
Building operation: Demolition, erection, re-erection, or extension of buildings, including increasing height/floor area, roofing/re-roofing, alterations affecting drainage/sanitary arrangements/soundness, and operations by building construction businesses.
Committee: The State Planning Committee established under section 4.
Council: The National Physical Planning Council established under section 2A.
Density: Intensity of land use, expressed as persons, dwelling units, or habitable rooms per unit area, excluding kitchens, storerooms, utility rooms, lavatories, bathrooms, or garages.
Development: Building, engineering, mining, industrial, or similar operations on land, material changes in land/building use, or land subdivision/amalgamation.
Development area: An area declared under subsection 38(1).
Development charge: The charge referred to in section 32.
Development plan: The local plan or, if no local plan, the structure plan for an area.
Development proposal report: The report required under subsection 21A(1).
Director General of Town and Country Planning: The Director General whose functions are in section 2B.
Earthworks: Excavation, leveling, filling, or tree felling on land.
Engineering operation: Formation/leveling of land, access roads, and laying cables/mains/water supply/drainage.
Felling a tree: Includes cutting down, topping, lopping, uprooting, damaging, or destroying a tree.
Floor area: Total floor space within a building, measured between external walls.
Land: Includes the surface and substances of the earth, substances below the surface, vegetation and natural products, attached things, land covered by water, and any estate or right over land.
Local authority: Any city council, municipal council, district council, town council, town board, etc., established under written law.
Local plan: The local plan for an area, including alterations, having effect by virtue of subsection 15(1).
Local planning authority: As construed in section 5.
Minister: The Minister responsible for town and country planning.
National physical plan: The physical plan covering Peninsular Malaysia as per section 6B.
Occupier: A tenant, owner occupying the land, or a person in charge, excluding lodgers.
Open space: Land laid out or reserved as a public garden, park, sports ground, etc.
Owner: The registered proprietor, their agent/trustee, legal personal representative, or the person receiving rent.
Plan: Includes reports, drawings, maps, and models.
Planning permission: Permission granted to carry out development.
Plinth area: Proportion of a lot covered by a building.
Plot ratio: Ratio of total floor area of a building to the area of the building plot.
Prescribe: Prescribe by rules.
Purchase notice: A notice referred to in section 37.
Regional planning committee: Established under section 6A.
Requisition notice: A notice referred to in section 30.
Road: Any public or private road, street, alley, bridge, footway, etc., with public right of way.
Rules: Rules made under this Act.
Special area: The area designated under section 16B.
State Director: Director of Town and Country Planning Department of that State.
Structure plan: The structure plan for an area, including alterations, having effect by virtue of subsection 10(6).
Tree preservation order: Made under section 35A.
Use: Any use of land other than storage of construction materials or temporary worker accommodation.
Utilities: Roads, water and electricity supplies, street lighting, sewerage, drainage, public works, and similar services.
(2) Material Change in Land Use:
Using land for refuse or waste deposit, materially extending the superficial area or height.
Any land use contravening the development plan.
(3) Material Change in Building Use:
Increasing the number of units beyond the originally approved number.
Using a building not originally for human habitation as a dwelling-house.
Altering or adding to a building that abuts a regular street line.
Any building use contravening the development plan.
Using a building originally for dwelling as something else.
Part II: Policy and Administration
2A. National Physical Planning Council:
Composition:
Chairman: Prime Minister
Deputy Chairman: Deputy Prime Minister
The Minister responsible for town and country planning
Minister responsible for housing and local government (if not same as above)
Minister of Finance
Minister responsible for land
Menteri Besar or Chief Minister of every State
Minister responsible for the Federal Territory
Not more than seven other members appointed by the Chairman.
Functions:
Promote town and country planning as an instrument for improving the physical environment and achieving sustainable development.
Advise Federal/State Governments on matters relating to town and country planning.
Perform other functions conferred under this Act.
The Council may give directions to the Director General of Town and Country Planning.
Incidental functions are allowed, meeting at least once every four months or as convened by the Chairman.
The Council determines its own procedure.
2B. Director General of Town and Country Planning:
Functions:
Conduct, promote, and coordinate research in town and country planning.
Publish reports, bulletins, statistics, and other publications.
Provide information and education to the public.
Advise the Council on land use, conservation, and development and suggest amendments to laws.
Maintain liaison with State Authorities.
The Director General is the Secretary of the Council.
3. General planning policy:
Subject to Article 91(5) and (6) of the Constitution, the State Authority is responsible for the general policy regarding the development and use of lands and buildings within local authority areas.
The State Authority may give directions to the Committee or local planning authority, consistent with this Act.
4. The State Planning Committee and its functions:
Composition:
Chairman: Menteri Besar or Chief Minister of the State
Deputy Chairman: Member of the State Executive Council
Up to three members from the State Executive Council, including the member responsible for town and country planning
State Secretary
State Director, who is the Secretary of the Committee
State Director of Lands and Mines
Director of the State Economic Planning Unit
State Director of Public Works
State Legal Adviser
State Financial Officer
State Development Officer
State Director of Environment
Up to four other members appointed by the State Authority.
Functions:
Promote conservation, use, and development of lands in the State within the national policy.
Regulate, control, plan, and coordinate all development activities.
Advise the State Government on land matters.
Collect, maintain, and publish statistics and other publications related to town and country planning.
The Committee may give directions to local planning authorities.
The State Director of Town and Country Planning is the principal advisor and responsible for carrying out decisions and implementing policies.
5. Local planning authorities:
Every local authority is the local planning authority for its area.
For areas outside local authority control, the State Director is the local planning authority.
Local planning authorities must furnish returns and information to the Committee.
6. Functions of local planning authorities:
Regulate, control, and plan the development and use of lands and buildings.
Collect, maintain, and publish statistics and other publications related to town and country planning.
Perform other functions assigned by the State Authority or the Committee.
Part IIA: Regional Planning Committee
6A. Regional planning committee:
The Council may establish a regional planning committee for regions in two or more States after consulting the State Authorities.
The establishment of the committee and the boundary of the region must be published in the Gazette.
Composition:
Chairman: Appointed by the Prime Minister
Six persons representing the Federal Government
Up to four persons from each State Government, including the State Director
President of every local planning authority, if such authority is a local authority
Functions:
Advise and assist State Planning Committees and local planning authorities on development plans.
Establish policies and devise a comprehensive regional plan.
Plan and coordinate infrastructure and facilities.
Establish uniform processes and procedures.
Monitor the implementation of standards, guidelines, and procedures.
Conduct research for the planning of the region.
The committee must furnish returns, reports, and information to the Council or Committee and determine its own procedure.
Part IIB: National Physical Plan
6B. National physical plan:
The Director General of Town and Country Planning shall prepare and submit a draft national physical plan covering Peninsular Malaysia to the Council for approval.
The plan must:
Formulate strategic policies for the physical development of the nation.
Include indicative plans to clarify the strategic policies.
Contain other prescribed matters.
The Director General must consider the national urbanization policy and consult with State Authorities when preparing the plan.
The plan should be reviewed every five years or as directed by the Council.
The Federal and State Governments must assist in achieving the plan's objectives.
The Director General must periodically report on the implementation of the plan.
Part III: Development Plans
7. Survey of planning areas:
The State Director must institute and keep under review a survey of matters affecting the development of the State.
A fresh survey may be instituted if directed by the Council or Committee.
Matters to be examined and reviewed include:
Physical, economic, environmental, and social characteristics.
National physical plan and other policies.
Population size, composition, and distribution.
Communications, transport systems, and traffic.
Projected changes and their effects.
The State Director must consult with State Directors of other States about matters affecting their areas.
8. Preparation of draft structure plans:
The State Director must submit a report of the survey under section 7 and a draft structure plan to the Committee.
The report should include estimates of likely changes.
The draft structure plan must:
Formulate the State Authority's policy and general proposals for land development and use, including measures for communication improvements, traffic management, socio-economic well-being, economic growth, and sustainable development.
State the relationship of those proposals to general proposals for the development and use of land in the neighboring areas that may be expected to affect that area.
Contain other prescribed matters.
The State Director must ensure the policy and proposals are justified by survey results and other information, considering social, economic planning, development, environmental protection, and available resources.
The draft plan should include diagrams, illustrations, and descriptive matter.
9. Publicity in connection with preparation of draft structure plans:
Steps must be taken to secure that publicity is given to the report and matters proposed in the plan.
Persons who desire an opportunity of making representations are made aware and given the opportunity to do so.
The State Director shall consider all representations made within the prescribed period.
Notices stating that copies of the plan are available for inspection and the time within which objections to the plan may be made to the Committee must be published in local newspapers.
The time within which objections to the draft structure plan may be made shall be not less than one month.
A draft structure plan submitted to the Committee must be accompanied by a statement containing particulars of the steps taken to comply with publicity requirements and consultations.
10. Approval or rejection of draft structure plans by Committee:
The Committee may approve, with/without modifications/reservations, or reject the draft structure plan.
The Committee can take into account any relevant matters.
Before deciding, the Committee must:
Consider any objections made in accordance with rules under section 17.
Afford an opportunity for objectors to appear before a subcommittee.
Afford the State Director and other persons the opportunity to appear before a local inquiry or other hearing.
The Committee should consult with the Council for direction and advice.
The State Director may refer the draft structure plan to the Council for decision if the Committee fails to act within six months.
Upon approval, the Committee shall submit it to the State Authority for assent, after which the plan comes into effect.
The Committee must publish the fact of assent in the State Gazette and local newspapers.
11. Review or alteration of structure plans:
A structure plan that has come into effect shall be subjected to review every five years in tandem with State development plans, relating to the whole State.
After a structure plan has come into effect, the State Director may submit proposals for review or alterations to the plan.
11A. Procedure for review of structure plan:
Applies sections 9 and 10 with necessary modifications.
11B. Procedure for alteration of structure plan:
The State Director prepares proposals for alterations.
The Council or Committee directs regarding proposed alterations.
The plan, incorporating the alterations, is submitted to the Committee, and a notice is published.
The Committee shall appoint a subcommittee to hear every objection made in accordance with rules under section 17.
The Committee may then approve or reject the proposed amendment.
The State Authority's assent is sought, after which the altered structure plan comes into effect and is published in the State Gazette.
12. Preparation of draft local plans:
The local planning authority may prepare a draft local plan while a draft structure plan is being prepared or before assent.
Where a structure plan has come into effect, the local planning authority must prepare a draft local plan.
A draft local plan includes a map and a written statement formulating proposals for the development, use, protection, and improvement of its area.
The plan should conform generally to the structure plan.
The Committee may direct the preparation of a draft local plan for part of the area.
12A. Publicity in connection with preparation of draft local plan:
The local planning authority must take steps to give publicity to the draft plan, its objectives, and its purpose.
Persons who desire an opportunity of making representations are made aware and given the opportunity to do so.
13. Publicity in connection with draft local plans:
The local planning authority must make copies of the draft local plan available for inspection and publish a notice.
The time within which objections or representations can be made must be at least four weeks.
14. Inquiries and hearings in respect of draft local plans:
A local inquiry or other hearing may be held by a committee of three persons appointed by the State Planning Committee to consider objections and representations.
15. Approval or rejection of draft local plans:
The local planning authority must submit the draft local plan to the Committee for approval after considering objections or representations.
A local plan must conform to the structure plan. The Committee shall refer the difference to the State Authority if there is a difference in the provision between the local plan and the structure plan for the State.
16. Alteration, revocation and replacement of local plans:
The local planning authority may make proposals for alteration, revocation, or replacement of a local plan.
16A. Preparation, etc., of local plan by State Director:
The Committee may direct the State Director to prepare or alter a local plan if the local planning authority fails to do so.
16B. Special area plan:
Submit to the Committee a proposal for the designation of a special area for a special plan.
17. Power to make rules:
The State Authority may make rules for carrying out the purposes of this Part.
Part IV: Planning Control
18. Use of land and buildings:
Land and buildings must be used in conformity with the local plan.
The section does not affect the lawful continuance of existing uses.
19. Prohibition of development without planning permission:
Development requires planning permission, excluding local authorities.
Exceptions include interior building maintenance, utility works, agricultural excavations, temporary uses, temporary worker buildings, dwelling-house purposes.
20. Prohibition of development contrary to planning permission:
Development must conform to the granted planning permission.
20A. Duty to consult:
Every Federal and State Government department or agency must consult the Committee on any development activity within the State.
21. Application for planning permission:
Applications are made to the local planning authority with prescribed form and particulars.
Written consent is required from the landowner.
The local planning authority may give specific directions regarding the site, frontage, elevations, design, access, etc.
Owners of neighboring lands must be informed and given the right to object.
21A. Development proposal report:
The applicant must submit a development proposal report containing:
Development concept and justification.
Location map and site plan.
Land ownership particulars and restrictions.
Description of the land and buildings.
Land use analysis.
Layout plans.
Other matters.
The State Authority may specify the report to include social implications.
21B. Layout plans:
The layout plans must show the proposed development, including measures for protection and improvement of the land, preservation of topography and landscape, tree preservation and planting, open spaces, proposed earthworks and a description of the work.
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 qualified person.
22. Treatment of applications:
The local planning authority must decide on the application as soon as possible, considering the development plan, Committee directions, Sewerage Services Act 1993 and the development proposal report, and the direction from the Council.
The local planning authority may grant permission absolutely or subject to conditions, or refuse permission.
Planning permission cannot be granted if the development contravenes the development plan, paragraph 22(2)(aa) or the applicant has not paid development charges.
Conditions may be imposed to regulate land use, protect the environment, ensure compatibility with the surrounding area, etc.
23. Appeal against decision of local planning authority:
Appeals can be made to the Appeal Board within one month of the decision.
The Appeal Board may confirm, reverse, or modify the decision of the local planning authority.
24. Lapse of planning permission:
Planning permission lapses if development does not commence within twelve months, subject to extensions.
25. Revocation and modification of planning permission and approval of building plans:
The local planning authority may revoke or modify permissions or approvals in the public interest, subject to confirmation by the Committee.
Compensation may be offered for expenses incurred or losses suffered.
26. Offences relating to unauthorized development:
Various contraventions of the Act are offenses, punishable by a fine not exceeding or imprisonment up to two years, or both, with continuing offences subject to further fines.
27. Enforcement in the case of contravention of section 19:
The local planning authority may serve notices requiring the restoration of land, discontinuance of development, or application for planning permission, subject to penalties for non-compliance.
28. Enforcement in the case of contravention of section 20:
Similar to section 27, addressing developments not in conformity with planning permission.
29. Enforcement in the case of development that is inconsistent with modified planning permission or approval of building plan:
Focuses on addressing inconsistencies with modifications to permissions or approvals.
30. Requisition notice:
The local planning authority may require discontinuance of land use, impose conditions, or require the alteration/removal of buildings, subject to appeal to the Appeal Board.
31. Execution by authorized person:
If requirements are not met, an authorized person may enter the land and take necessary steps.
31A. Inconsistency between building by-laws and development plan:
The development plan prevails over inconsistent building by-laws.
Part V: Development Charge
32. Development charge and liability thereto:
A development charge is levied when a local plan change enhances land value.
33. Determination of development charge:
The local planning authority determines if a development charge is payable before granting planning permission.
34. Payment of development charge:
The development charge is payable in a lump sum, but installments may be permitted.
35. Power to make rules:
The State Authority may make rules for giving effect to the provisions of this Part.
Part VA: Tree Preservation Order
35A. Tree preservation order:
The local planning authority may make a tree preservation order to preserve trees in the interest of amenity.
35B. Tree preservation order not to be made if tree is already subjected to conditions:
Tree preservation order is not made in respect of a tree which already has been subjected to conditions imposed under paragraphs 22(5)(f) and (g).
35C. Appeal against tree preservation order, etc.:
Person can appeal to the Appeal Board.
35D. Compensation under a tree preservation order:
The owner of the land can claim compensation from the local planning authority if they suffered damages.
35E. Replacement of trees:
Person is found guilty replace such tree by planting another tree.
35F. Local planning authority to replace tree if the person whose duty it is to replace fails to do so:
If a person fails to replace a tree, the local planning authority may proceed to replace the tree and the person have to reimburse the authority.
35G. Revocation of a tree preservation order:
The local planning authority may amend or revoke a tree preservation order.
35H. Prohibition to fell, etc., tree with girth exceeding 0.8 metre:
No person is allowed to fell a tree without the written permission of the local planning authority. Measure girth of a tree metre measured half a metre from the ground.
Part VI: The Appeal Board
36. The Appeal Board:
Constituted in and for the State.
Membership includes judges/advocates/solicitors, judicial officers and other fit persons.
The Appeal Board can summon witnesses, compel document production, and make orders.
Decisions are final and binding.
The Appeal Board is deemed a court for Penal Code purposes.
Part VII: Purchase Notice and Acquisition of Land
37. Notice requiring purchase of land in certain cases:
Registered proprietor of land who has been refused may serve on the local planning authority a purchase notice.
Part VIII: Development Areas
38. Declaration of development areas:
The local planning authority may declare an area to be a development area.
39. Effect of declaration:
The local planning authority has duty to acquire by purchase or by compulsory acquisition under the Land Acquisition Act 1960.
40. Special provisions for compensation:
Assessment of compensation for land compulsorily acquired.
41. Local planning authority may employ agents, enter into arrangements, and establish corporations:
For the purpose of developing a development area in the discharge of its duty under subsection 38(2).
42. Power to borrow moneys:
The local planning authority may borrow such sums of money as are necessary for financing the development of a development area.
43. Power to dispose of land and property:
To sell, or let, or otherwise deal with or dispose of any land or property in a development area that it has developed.
44. Power to make rules:
To better carry out the provisions of this Part.
Part IX: Miscellaneous Provisions
45. Power of entry:
An authorized person may enter land or buildings for inquiry, inspection, measurement, or survey.
46. Service of documents:
Specifies methods for serving documents to various entities and individuals.
47. Authentication of documents:
Plans and official documents must be sealed and authenticated by a local planning authority officer.
48. Documentary proof:
Sealed documents are admissible as proof of contents.
49. Privilege from production of documents and appearing as witness:
Protects local planning authority members from being required to produce documents or appear as witnesses.