Act 172 - Town & Country Planning Act 1976

LAWS OF MALAYSIA
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Act 172
TOWN AND COUNTRY

PLANNING ACT 1976
As at 1 June 2021
2
TOWN AND COUNTRY PLANNING ACT 1974
Date of Royal Assent … … … 18 March 1976
Date of publication in the Gazette … … 25 March 1976
Latest amendment made

by Act A1313 which
came into operation on… … … … 1 September 2011
PREVIOUS REPRINTS
First Reprint … … … … … 1998
Second Reprint … … … … … 2001
Third Reprint … … … … … 2005
Fourth Reprint … … … … … 2006

3
LAWS OF MALAYSIA
Act 172
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title, application and commencement

2. Interpretation
PART II
POLICY AND ADMINISTRATION
2A. National Physical Planning Council

2B. Director General of Town and Country Planning
3. General planning policy
4. The State Planning Committee and its functions
5. Local planning authorities
6. Functions of local planning authorities
PART IIA
REGIONAL PLANNING COMMITTEE
6A. Regional planning committee

4 Laws of Malaysia ACT 172
PART IIB
NATIONAL PHYSICAL PLAN
Section
6B. National physical plan
PART III
DEVELOPMENT PLANS
7. Survey of planning areas

8. Preparation of draft structure plans
9. Publicity in connection with preparation of draft structure plans
10. Approval or rejection of draft structure plans by Committee
11. Review or alteration of structure plans
11A. Procedure for review of structure plan
11B. Procedure for alteration of structure plan
12. Preparation of draft local plans
12A. Publicity in connection with preparation of draft local plan
13. Publicity in connection with draft local plans
14. Inquiries and hearings in respect of draft local plans
15. Approval or rejection of draft local plans
16. Alteration, revocation and replacement of local plans
16A. Preparation, etc., of local plan by State Director
16B. Special area plan
17. Power to make rules
PART IV
PLANNING CONTROL
18. Use of land and buildings

19. Prohibition of development without planning permission
20. Prohibition of development contrary to planning permission
20A. Duty to consult
21. Application for planning permission
Town and Country Planning 5
Section
21A. Development proposal report

21B. Layout plans
21C. Preparation of plan, etc., by a qualified person
22. Treatment of applications
23. Appeal against decision of local planning authority
24. Lapse of planning permission
25. Revocation and modification of planning permission and approval of
building plans
26. Offences relating to unauthorized development
27. Enforcement in the case of contravention of section 19
28. Enforcement in the case of contravention of section 20
29. Enforcement in the case of development that is inconsistent with modified
planning permission or approval of building plan
30. Requisition notice
31. Execution by authorized person
31A. Inconsistency between building by-laws and development plan
PART V
DEVELOPMENT CHARGE
32. Development charge and liability thereto

33. Determination of development charge
34. Payment of development charge
PART VA
TREE PRESERVATION ORDER
35A. Tree preservation order

35B. Tree preservation order not to be made if tree is already subjected to
conditions
35C. Appeal against tree preservation order, etc.
35D. Compensation under a tree preservation order
Section
35E. Replacement of trees

35F. Local planning authority to replace tree if the person whose duty it is to
replace fails to do so
35G. Revocation of a tree preservation order
35H. Prohibition to fell, etc., tree with girth exceeding 0.8 metre
PART VI
THE APPEAL BOARD
36. The Appeal Board
PART VII
PURCHASE NOTICE AND ACQUISITION OF LAND
37. Notice requiring purchase of land in certain cases
PART VIII
DEVELOPMENT AREAS
38. Declaration of development areas

39. Effect of declaration
40. Special provisions for compensation
41. Local planning authority may employ agents, enter into arrangements and
establish corporations
42. Power to borrow moneys
43. Power to dispose of land and property
PART IX
MISCELLANEOUS PROVISIONS
45. Power of entry

46. Service of documents
Section
47. Authentication of documents

48. Documentary proof
49. Privilege from production of documents and appearing as witness
50. Prosecution
51. Jurisdiction of courts
52. Penalty for interference with marks
52A. Offences by body corporate
53. Public servants
54. Public Authorities Protection Act
55. Indemnity against claims in respect of damage or loss
56. Application of Act 119 to local inquiry or hearing
57. Exemption from fees and charges
59. Repeal of existing planning laws
9
LAWS OF MALAYSIA
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.
[See Appendix]
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:
AND WHEREAS it is also expedient that provisions be made to confer

executive authority on the Federation over certain matters in 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, BE IT
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, and by the authority of the same, as follows:
PART I
PRELIMINARY
Short title, application and commencement
1. (1) This Act may be cited as the Town and Country Planning
Act 1976 and shall apply in *Peninsular Malaysia.
*
NOTE—For application in Federal Territory of Labuan—see P.U.(A) 442/2010 w.e.f 1 January 2011.
(2) Subject to subsection (3), this Act shall come into operation in
a State on a date to be appointed by the State Authority, with the
concurrence of the Minister, by notification in the State Gazette*.
(3) The State Authority may bring this Act into operation in any
manner the State Authority thinks most advantageous, convenient,
expedient, or practicable, whether by appointing different dates for
different provisions of this Act, by appointing different dates for
different local authority areas or parts thereof, by bringing a provision
into operation generally in the State and at the same time declaring
that, for or until such time as may be specified, the provision shall or
shall not apply to or in relation to a local planning authority or the area
or any part of the area of a local planning authority to such extent only
as may be specified, or in any other manner.
Interpretation
2. (1) 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 activities or to
any other agricultural activities; but does not include the use of land as
a garden to be enjoyed together with a building attached to the land;
and “agricultural” shall be construed accordingly;
“amenities” means such quality or condition of a place or area as

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

section 36;
“authorized person”, in relation to any provision, means a person

designated in writing by the local planning authority to be an
authorized person for the purposes of that provision;
*
NOTE—See Appendix.
“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;
“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;
(b) the roofing or re-roofing of a building or part thereof;
(c) any addition to or alteration of a building that affects or is

likely to affect its drainage or sanitary arrangements or its
soundness;
(d) any addition to or alteration of a building, whether done

before or after completion of the building, that departs in
any manner from any plan or specification in respect of the
building approved at any time by any authority empowered
under any written law to approve the plan or specification;
(e) any addition to or alteration of a building that materially

affects or is likely to materially affect the building in any
manner; and
(f) any other operation normally undertaken by a person

carrying on the business of building construction;
“Committee” means the State Planning Committee established under

section 4;
“Council” means the National Physical Planning Council established

under section 2A;
“density” means the intensity of use of land reckoned or expressed

in terms of the number of persons, dwelling units, or habitable rooms,
or any combination of those factors, per unit area of land; and for the
purpose of this definition, “habitable room” does not include a kitchen,

storeroom, utility room, lavatory, bathroom, or garage;
“development” means the carrying out of any building, engineering,

mining, industrial, or other similar operation in, on, over, or under land,
the making of any material change in the use of any land or building
or any part thereof, or the subdivision or amalgamation of lands; and
“develop” shall be construed accordingly;
“development area” means a development area declared under

subsection 38(1);
“development charge” means the development charge referred to 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 plan for
the area,
and, in relation to any land or building, means the development plan,

as so defined, for the area in which the land or building is situated;
“development proposal report” means the report required to be

submitted by an applicant for planning permission under
subsection 21 A(1);
“Director General of Town and Country Planning” means the

Director General of Town and Country Planning whose functions are
set out primarily in section 2B;
“earthworks” includes any act of excavation, levelling, filling with

any material, or felling of trees on any land, or any act of dealing with
or disturbing any land;
“engineering operation” includes the formation or levelling of land,

the formation or laying out of means of access to a road, and the laying
out of cables, mains, or means of water supply or drainage;
“felling a tree” includes cutting down, topping, lopping, uprooting,

damaging or destroying a tree;
“floor area” means the total area of floor space within a building, as
measured between the external sides of walls or, in the case of party
walls, between the centres of such walls;
“land” includes—
(a) the surface, and all substances forming the surface, of the
earth;
(b) all substances below the surface of the earth;
(c) all vegetation and other natural products, whether or not

requiring periodical application of labour to their
production, and whether on or below the surface of the
earth;
(d) all things, whether on or below the surface of the earth, that
are attached to the earth or permanently fastened to any
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 any
written law;
“local plan”, in relation to an area, means the local plan for the area,
and any alteration of the plan, for the time being having effect in the
area by virtue of subsection 15(1); and, in relation to any land or
building, means the local plan, as so defined, for the area in which the
land or building is situated; and “draft local plan” shall be construed as
the context requires;
“local planning authority”, in relation to an area, shall be construed

as provided in section 5 and, in relation to any land or building, means
the local planning authority, as so construed, for the area in which the
land or building is situated;
“Minister” means the Minister responsible for town and country

planning;
“national physical plan” means the physical plan covering Peninsular

Malaysia prepared and approved under section 6B;
“occupier”, in relation to any land or building, includes—
(a) a tenant of the land or building;
(b) an owner of the land or building occupying or otherwise

using the land or building;
(c) a person in actual occupation of the land or building or

having the charge, management, or control thereof, whether
on his own account or as an agent of another person,
but does not include a lodger;
“open space” means any land whether enclosed or not which is laid
out or reserved for laying out wholly or partly as a public garden, park,
sports and recreation ground, pleasure ground, walk or as a public
place;
“owner”, in relation to any land or building, means—
(a) the registered proprietor of the land;
(b) if, in the opinion of the local planning authority, the

registered proprietor of the land cannot be traced, his agent
or trustee;
(c) if the registered proprietor of the land is dead, his legal

personal representative;
(d) if none of the persons mentioned in paragraphs (a), (b), and

(c) exists, the person who for the time being is receiving the
rent of the land or building, whether on his own account or
as an agent or trustee of another person or as a receiver, or
who would be receiving the rent if the land or building were
let;
“plan” includes reports, drawings, maps and models;
“planning permission” means permission granted, with or without

condition, to carry out development;
“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 or, if there are no survey boundary lines, between the provisional
boundary lines;
“prescribe” means prescribe by rules;
“purchase notice” means a purchase notice referred to in section 37;
“regional planning committee”, in relation to an area, means the regional

planning committee established for that area under section 6A;
“requisition notice” means a requisition notice referred to in section 30;
“road” means any public or private road, and includes any street,
square, court, alley, lane, bridge, footway, track, bridle-path, passage,
or highway, whether a thoroughfare or not, over which the public have
a right of way;
“rules” means rules made under this Act;
“special area” means the area designated under section 16B;
“State Director”, in relation to a State, means the Director of Town

and Country Planning Department of that State;
“structure plan”, in relation to an area, means the structure plan for

the area, and any alteration of the plan, having effect in the area by
virtue of subsection 10(6); and, in relation to any land or building,
means the structure plan, as so defined, for the area in which the land
or building is situated; and “draft structure plan” shall be construed as
the context requires;
“tree preservation order” means a tree preservation order made under

section 35A;
“use”, in relation to any land, means any use of the land other than
merely for the keeping or storage of materials and equipment intended
to be employed in the construction or erection of a building on the land,
or as a site for temporary buildings for the accommodation of workers
involved in the construction or erection of the building;
“utilities” includes roads, water and electricity supplies, street

lighting, sewerage, drainage, public works, and other similar public
services and conveniences.
(2) For the avoidance of doubt in determining, for the purposes of

this Act, what constitutes a material change in the use of land, it is
declared that—
(a) the use of land as a place for depositing refuse or waste

materials involves a material change in the use of the land,
notwithstanding that the land is comprised in a site already
used for that purpose, if the superficial area or the height of
the deposit is thereby materially extended;
(b) any use of land or part thereof that contravenes or is

inconsistent with or contrary to any provision of the
development plan involves a material change in the use of
the land.
(3) For the avoidance of doubt in determining, for the purposes of

this Act, what constitutes a material change in the use of a building, it
is declared that—
(a) any increase in the number of units in a building to more

than the number originally approved by any authority
empowered under any written law to give the approval
involves a material change in the use of the building;
(b) the use as a dwelling-house of a building not originally

constructed for human habitation involves a material
change in the use of the building;
(c) any alteration or addition to that part of the building,

whether in the interior or attached to the exterior of the
building, that abuts upon any regular line of street as
prescribed by or defined in any written law relating to
buildings involves a material change in the use of the
building;
(d) any use of a building or part thereof that contravenes or is

inconsistent with or contrary to any provision of the
development plan involves a material change in the use of
the building;
(e) the use for other purposes of a building or part thereof

originally constructed as a dwelling-house involves a
material change in the use of the building.
PART II
POLICY AND ADMINISTRATION
National Physical Planning Council
2A. (1) There shall be established a National Physical Planning

Council consisting of—
(a) a Chairman, being the Prime Minister;
(b) a Deputy Chairman, being the Deputy Prime Minister;
(c) the Minister;

(d) the Minister responsible for housing and local government,

if he is not also the Minister responsible for town and
country planning;
(e) the Minister of Finance;
(f) the Minister responsible for land;
(g) the Menteri Besar or Chief Minister of every State;
(h) the Minister responsible for the Federal Territory; and
(i) not more than seven other members to be appointed by the

Chairman.
(2) The functions of the National Physical Planning Council shall be—
(a) to promote in the country, within the framework of the
national policy, town and country planning as an effective
and efficient instrument for the improvement of the
physical environment and towards the achievement of
sustainable development in the country;
(b) to advise the Federal Government or the Government of

any State, on matters relating to the town and country
planning required under this Act; and
(c) to perform any other functions conferred upon the Council

under this Act.
(3) The Council may from time to time give the Director General
of Town and Country Planning directions which are consistent with
the provisions of this Act, and the Director General of Town and
Country Planning shall give effect to such directions.
(4) The Council may perform any other functions that are
incidental or consequential to any of the functions specified in
subsection (2) and do all such things as may be necessary or expedient
for carrying out its functions under this Act.
(5) The Council shall meet once during every four months in a year
and shall, in addition, meet as and when a meeting is convened by the
Chairman.
(6) The Council shall determine its own procedure.
Director General of Town and Country Planning
2B. (1) There shall be a Director General of Town and Country

Planning whose functions shall be—
(a) to conduct, promote and co-ordinate research in relation to

any aspect of town and country planning;
(b) to publish reports, bulletins, statistics, monographs and

other publications relating to town and country planning and
its methodology;
(c) to provide information and education to the public regarding

town and country planning;
(d) to report to and advise the Council upon matters concerning

the use of town and country planning in the conservation,
use and development of lands in the country and upon any
amendments he thinks desirable to any law affecting town
and country planning and upon any matters referred to him
by the Council;
(e) to establish and maintain liaison and co-operation with each

of the State Authorities with respect to town and country
planning.
(2) The Director General of Town and Country Planning shall be

the Secretary of the Council.
General planning policy
3. Subject to Clauses (5) and (6) of Article 91 of the Constitution, the

State Authority shall be responsible for the general policy in respect of
the planning of the development and use of all lands and buildings
within the area of every local authority in the State; and the State
Authority may, in or for the purpose of discharging the responsibility
of the State Authority under this section, from time to time give to the
Committee or any local planning authority directions of a general
character not inconsistent with the provision of this Act, and the
Committee or local planning authority shall give effect to such
directions.
The State Planning Committee and its functions
4. (1) There shall be established for the State a State Planning

Committee consisting of—
(a) a Chairman, being the Menteri Besar or Chief Minister of

the State;
(b) a Deputy Chairman, being a member of the State Executive

Council, to be appointed by the State Authority;
(ba) not more than three members to be appointed by the State

Authority from amongst the members of the State Executive
Council, at least one of whom shall be the member
responsible for and whose portfolio is related to town and
country planning in the State;
(c) the State Secretary;
(d) the State Director, who shall be the Secretary of the

Committee;
(e) the State Director of Lands and Mines;
(f) the Director of the State Economic Planning Unit or an

officer responsible for such affairs in the State;
(g) the State Director of Public Works;
(h) the State Legal Adviser;
(ha) the State Financial Officer;
(hb) the State Development Officer or an officer responsible for

such affairs in the State;
(hc) the State Director of Environment or an officer responsible

for such affairs in the State; and
(i) not more than four other members to be appointed by the

State Authority.
(2) A member of the Committee appointed under paragraph (1)(b) or

(i) shall, unless he sooner resigns his office or his appointment is
sooner revoked, hold office for such period as may be specified in his
instrument of appointment but shall be eligible for reappointment.
(3) A member of the Committee who is not a member of the public

service may be paid such allowances as the State Authority may
approve.
(4) The functions of the Committee shall be—
(a) to promote in the State, within the framework of the

national policy, the conservation, use and development of
all lands in the State;
(aa) to regulate, control, plan and co-ordinate all development

activities in the State;
(b) to advise the State Government, either on its own initiative

or in response to a request by the State Government, on
matters relating to the conservation, use and development
of land in the State; and
(c) to undertake, assist in and encourage the collection,

maintenance and publication of statistics, bulletins and
monographs and other publications relating to town and

country planning and its methodology.
(5) The Committee may from time to time give to any local
planning authority directions not inconsistent with the provisions of
this Act and the local planning authority shall give effect to such
directions.
(6) The Committee may perform any other functions that are
supplemental, incidental, or consequential to any of the functions
specified in subsection (4) and do all such things as may be necessary
or expedient for carrying out its functions under this Act.
(7) The Committee may cause a local inquiry or hearing to be held

in or for the purpose of exercising any of its functions under this Act.
(8) The State Director of Town and Country Planning shall be the
principal adviser to the Committee on matters relating to town and
country planning and, as Secretary of the Committee, shall be
responsible for carrying out the decisions and implementing the
policies of the Committee; and in or for the purpose of discharging his
functions under this subsection, he may draw upon the financial,
manpower and other resources of his department.
Local planning authorities

*5. (1) Every local authority shall be the local planning authority for
the area of the local authority.
2) For any area in the State that does not form part of the area of
any local authority, the State Director shall be the local planning
authority, and references to the “local planning authority” in this Act
shall be deemed to include the State Director whenever he performs
the functions of the local planning authority in relation to that area.
*
NOTE—The amendment of this section vide Act A1129 shall not affect any pending application for
planning permission in respect of a development or any appeal against the refusal of the local planning
authority to grant planning permission or against any condition imposed under subsection 22(3) of this
Act—see section 38 of Act A1129.
(3) (Deleted by Act A1129).
(4) A local planning authority shall furnish the Committee with

such returns and information relating to its activities as the Committee
may from time to time require.
Functions of local planning authorities
6. (1) The functions of a local planning authority shall be—
(a) to regulate, control and plan the development and use of all
lands and buildings within its area;
(b) to undertake, assist in, and encourage the collection,

maintenance, and publication of statistics, bulletins, and
monographs, and other publications relating to town and
country planning and its methodology; and
(c) to perform such other functions as the State Authority or

the Committee may from time to time assign to it.
(2) A local planning authority may perform any other functions

that are supplemental, incidental, or consequential to any of the
functions specified in subsection (1) and do all such things as may be
necessary or expedient for carrying out its functions under this Act.
PART IIA
REGIONAL PLANNING COMMITTEE
Regional planning committee
6A. (1) The Council may, from time to time, after consultation with
the State Authorities concerned, establish a regional planning
committee for a region which consists of an area situated in two or
more States.
(2) For the purpose of subsection (1), the Minister shall cause the
fact of the establishment of a regional planning committee to be
published in the Gazette together with the marking by which the
boundary of the region for which the committee is established may be
identified.
(3) The regional planning committee shall consist of—
(a) a Chairman, who is appointed by the Prime Minister;
(b) six persons representing the Federal Government, at least four

of whom shall be public officers, appointed by the Minister;
(c) not more than four persons representing the Government of

each of the States within the region, appointed by the State
Authority, one of whom shall be the State Director; and
(d) the President of every local planning authority within the

region if such authority is a local authority.
(4) There shall be a Secretary for the regional planning committee

to be appointed by the Director General of Town and Country
Planning.
(5) The functions of the regional planning committee shall be—
(a) to advise and assist the State Planning Committees and the
local planning authorities within the region pertaining to
the development plans appropriate for the region, in
accordance with the national policy;
(b) to establish policies and to devise a comprehensive regional

plan to guide and co-ordinate development of the region;
(c) to plan and co-ordinate the provision of infrastructure and

facilities for the region;
(d) to establish uniform process and procedures to be used by

the Federal Government and the State Governments and
local authorities concerned for the region;
(e) to monitor the implementation of standards, guidelines and

procedures in facilitating the development of the region;
and
(f) to conduct research required for the planning of the region.
(6) The regional planning committee shall furnish the Council or

Committee with such returns, reports and information relating to its
activities as the Council or Committee may from time to time require.
(7) The regional planning committee shall determine its own

procedure.
PART IIB
NATIONAL PHYSICAL PLAN
National physical plan
6B. (1) The Director General of Town and Country Planning shall,
upon the direction of the Council, prepare and submit to the Council
for its approval a draft national physical plan which covers Peninsular
Malaysia.
(2) The draft national physical plan shall—
(a) be a written statement formulating strategic policies for the

purpose of determining the general directions and trends of
the physical development of the nation;
(b) be accompanied by such indicative plans as may be

required to clarify the strategic policies; and
(c) contain such other matters as may be prescribed or as the

Council may in any particular case specify.
(3) When preparing the draft national physical plan and

determining its contents for submission to the Council, the Director
General of Town and Country Planning shall take into consideration
the current national urbanization policy or other similar policies and
shall consult with every State Authority and such other authorities or
bodies as the Council may direct.
(4) The national physical plan shall be reviewed every five years
in tandem with the review of the National Five Year Development
Plans, or as and when directed by the Council.
(5) It shall be the general duty of the Federal Government and the
Government of every State to assist in ensuring that the objectives of
the national physical plan are achieved.
(6) The Director General of Town and Country Planning shall

periodically report to the Council on the implementation of the national
physical plan, or as and when directed by the Council.
PART III
DEVELOPMENT PLANS
Survey of planning areas
7. (1) The State Director shall, in so far as he has not already done
so, institute a survey of the State, examining the matters that may be
expected to affect the development, or the planning of the
development, of the State, and shall in any event keep all those matters
under review.
(2) Notwithstanding that the State Director has carried out his duty
under subsection (1), he may, if he thinks fit, and shall, if directed to
do so by the Council or Committee, institute a fresh survey of the
whole State, examining the matters mentioned in that subsection.
(3) Without prejudice to the generality of subsections (1) and (2),

the matters to be examined and kept under review under those
subsections shall include—
(a) the principal physical, economic, environmental, and social

characteristics, including the principal land uses, of the
State and, so far as they may be expected to affect the State,

those of the neighbouring areas;
(aa) the national physical plan and other principal economic,

social, physical and environmental management and
conservation policies of the nation;
(b) the size, composition, and distribution of the population of

the State, whether resident or not;
(c) without prejudice to paragraph (a), the communications,

transport system, and traffic of the State and, so far as they
may be expected to affect the State, those of the
neighbouring areas;
(d) any matters not mentioned in any of the preceding

paragraphs that may be expected to affect any matters so
mentioned;
(e) such other matters as may be prescribed or as the Council

or Committee may in any particular case specify; and
(f) any changes already projected in any of the matters

mentioned in any of the preceding paragraphs and the effect
that those changes are likely to have on the development,
or the planning of the development, of the State.
(4) The State Director shall, for the purpose of discharging his
functions under this section, consult with the State Director of any
other State about matters relating to the area of that other State that
may be expected to affect the development or the planning of the
development of the State in respect of which the survey is instituted
under this section.
(5) Subsection (1) shall, as respects any period during which this
section is in operation in part only of the State, be construed as
requiring the State Director to institute a survey of, and to keep under
review, matters affecting that part of the State only; and
subsection (2) shall, whether or not this section is in operation in
the whole of the State, have effect as if the power thereby conferred
included power for the State Director to institute, and for the Council
or Committee to direct him to institute, a fresh survey of part of the
State only; and references in subsection (3) to the State or the
neighbouring areas shall be construed accordingly.
Preparation of draft structure plans
8. (1) The State Director shall, within such period as the Council or
Committee may specify, prepare and submit to the Committee a report
of his survey under section 7 and at the same time prepare and submit
to the Committee for its approval a draft structure plan complying with
subsection (3) for the State.
(2) The report shall include an estimate of any changes likely to

occur, during such period as the Council or Committee may specify, in
the matters mentioned in subsection 7(3); and different periods may be
specified in relation to different matters.
(3) The draft structure plan for the State shall be a written
statement—
(a) formulating the policy and general proposals of the State

Authority in respect of the development and use of land in
that State, including measures for the improvement of the
physical living environment, the improvement of
communications, the management of traffic, the
improvement of socio-economic well-being and the
promotion of economic growth, and for facilitating
sustainable development;
(b) stating the relationship of those proposals to general

proposals for the development and use of land in the
neighbouring areas that may be expected to affect that area;
and
(c) containing such other matters as may be prescribed or as

the Council or Committee may in any particular case
specify.
(4) In formulating the policy and general proposals under

paragraph (3)(a), the State Director shall secure that the policy and
proposals are justified by the results of his survey under section 7 and
by any other information that he may obtain, and shall have regard—
(a) to current policies in respect of the social and economic

planning and development and the environmental
protection of the State and the nation;
(b) to the resources likely to be available for the carrying out

of the proposals of the structure plan; and
(c) to such other matters as the Council or Committee may

direct him to take into account.
(6) A draft structure plan for an area shall contain or be

accompanied by such diagrams, illustrations, and descriptive matter as
the State Director thinks appropriate for the purpose of explaining or
illustrating the proposals in the plan, or as may be prescribed, or as
may in any particular case be specified in directions given by the
Council or Committee; and the diagrams, illustrations, and descriptive
matter shall be treated as forming part of the plan.
(7) At any time before the Committee has under section 10

approved a structure plan in respect of the whole of the area of the
State, the State Director may, with the consent of the Committee, and
shall, if so directed by it, prepare and submit to the Committee for its
approval a draft structure plan relating to part of that area; and where
the Committee has given consent or direction for the preparation of a
draft structure plan for part of that area, references in this Part to that
area shall, in relation to a draft structure plan, be construed as including
references to part of that area.
Publicity in connection with preparation of draft structure plans
9. (1) When preparing a draft structure plan for the State and finally
determining its content for submission to the Committee, the State
Director shall take such steps as will in his opinion secure—
(a) that publicity is given in the State to the report of the survey
under section 7 and to the matters that he proposes to
include in the plan; and
(b) that persons who may be expected to desire an opportunity

of making representations to the State Director in respect of
those matters are made aware that they are entitled to, and
are given, an opportunity of doing so,
and the State Director shall consider every representation made within
the prescribed period to him.
(2) As soon as practicable after a draft structure plan has been

submitted to the Committee, the State Director shall—
(a) publish, in three issues of at least two local newspapers, one

of which being in the national language, a notice stating that
copies of the plan are available for inspection at the office
of the State Director and at such other places as he may
determine and the time within which objections to the plan
may be made to the Committee; and
(b) make copies of the plan available for inspection at the

places stated in the notice; and each copy shall be
accompanied by a statement of the time, as stated in the
notice, within which objections to the plan may be made to
the Committee.
(3) The time within which objections to the draft structure plan
may be made shall be not less than one month from the date of the first
appearance of the notice under paragraph (2)(a) in a local newspaper
in the national language, and any time stated in the notice may be
extended once by the State Director by not more than one month in
favour of any particular objector.
(4) A draft structure plan submitted by the State Director to the

Committee for its approval shall be accompanied by a statement
containing such particulars, if any, as may be prescribed—
(a) of the steps that the State Director’s has taken to comply
with subsection (1); and
(b) of the State Director’s consultations with, and

consideration of the views of, other persons in respect of
the matters included, or originally proposed to be included,
in the plan.
(5) If, after considering the statement submitted with, and the
matters included in, the draft structure plan and any other information
provided by the State Director, the Committee is satisfied that the
purposes of paragraphs (1)(a) and (b) have been adequately achieved
by the steps taken by the State Director in compliance with that
paragraph, it shall proceed to consider whether to approve the structure
plan; and if it is not so satisfied, it shall return the plan to the State
Director and direct him—
(a) to take such further action as the Committee may specify in

order better to achieve those purposes; and
(b) after doing so, to resubmit the plan with such modifications,
if any, as the State Director then considers appropriate and,
if so required by the direction, to do so within a specified
period,
but the Committee shall not return the plan or give such direction if
three months have elapsed since the State Director submitted the plan
to the Committee.
(6) If the Committee returns the draft structure plan to the State
Director under subsection (5), it shall inform the State Director of its
reasons for doing so and, if any person has made to the Committee any
objection to the plan, it shall also inform that person that it has returned
the plan.
(7) If the State Director is given directions by the Committee under

subsection (5), he shall forthwith withdraw the copies of the plan made
available for inspection as required by subsection (2) and shall publish
the fact of withdrawal in three issues of at least two local newspapers,
one of which being in the national language.
(8) Subsections (2) to (7) shall apply, with the necessary

modifications, in relation to a draft structure plan resubmitted to the
Committee in accordance with directions given by it under
subsection (5) as they apply in relation to the plan as originally
submitted.
Approval or rejection of draft structure plans by Committee
10. (1) The Committee may, after considering a draft structure plan
submitted or resubmitted to it, either approve it, in whole or in part and
with or without modifications or reservations, or reject it.
(2) In considering the draft structure plan, the Committee may take
into account any matters that it thinks are relevant, whether or not they
were taken into account in the plan as submitted or resubmitted to it.
(3) If, on taking the draft structure plan into consideration, the
Committee does not determine then to reject it, it shall, before
determining whether or not to approve it—
(a) consider any objections to the plan, so far as they are made
in accordance with rules made under section 17;
(b) afford to the persons whose objections so made are not

withdrawn, an opportunity of appearing before, and being
heard by, a subcommittee appointed by the Committee, and
consisting of four members of the Committee, one of whom
shall be appointed chairman of the subcommittee; and
(c) if a local inquiry or other hearing is held, also afford the

like opportunity to the State Director and such other
persons as the Committee thinks fit.
(4) Without prejudice to subsection (3), in considering a draft

structure plan, the Committee—
(a) shall consult with the Council for its direction and advice;
and
(b) may consult with, or consider the views of, any other
authority or any other persons but shall not be under any
obligation to consult with, or consider the views of, any
other authority or any other persons or, except as provided
by that subsection, to afford an opportunity for the making
of any objections or other representations, or to cause a
local inquiry or other hearing to be held.
(5) If the Committee has failed or neglected to approve or reject a

draft structure plan within six months of its submission to the
Committee, the State Director may refer the draft structure plan to the
Council for decision thereon.
(6) Upon approving a draft structure plan, the Committee shall

submit it to the State Authority for the assent of the State Authority to
the plan, and upon the assent being given, the plan shall come into
effect.
(7) The Committee shall cause the fact of assent of the State
Authority to a draft structure plan to be published in the State Gazette
and in at least two local newspapers, one of which being in the national
language, together with the marking by which the plan may be
identified and a statement of the place where the plan may be
inspected.
Review or alteration of structure plans
11. (1) A structure plan that has come into effect shall be subjected
to review every five years in tandem with the preparation of the State’s
five-year development plans, and the review shall relate to the whole
of the State.
(2) Notwithstanding subsection (1), after a structure plan for a

State has come into effect, the State Director may submit to the
Committee and shall, if so directed by the Committee, submit to it,
within a period specified in the direction, proposals for such review or
alterations to the plan as appear to the State Director to be expedient
or as the Committee may direct, as the case may be, and the proposals
may relate to the whole or to part of the State.
Procedure for review of structure plan
11A. If it is decided under section 11 that a review of the structure plan

for a State is to be held, the State Director shall submit to the
Committee a report of the results of his review of the relevant matters
under section 7 together with any other information on which the
proposals are based, and sections 9 and 10 shall apply, with the
necessary modifications, in relation to the proposals as they apply in
relation to the structure plan.
Procedure for alteration of structure plan
11B. (1) If it is decided under section 11 that an alteration is to be

made on the structure plan for the State, the State Director shall prepare
and submit to the Committee proposals for such alterations.
(2) In formulating the proposals for such alterations, the State

Director shall have regard to such matters as the Council or Committee
may direct.
(3) The State Director shall submit the structure plan in which the
proposed alterations have been incorporated to the Committee and at
the same time publish a notice in at least two local newspapers, one of
which being in the national language, stating that copies of the plan are
available for inspection and that objections may be made within a
period of one month from the date of such publication.
(4) The Committee shall appoint a subcommittee consisting of four

members of the Committee, one of whom shall be appointed chairman
of the subcommittee, and the sub-committee shall hear every objection

made in accordance with the rules made under section 17.
(5) The Committee shall then consider the proposed alteration to

the structure plan, and either approve it, in whole or in part and with or
without modifications, or reject it.
(6) The Committee shall submit the approved altered structure plan
to the State Authority for the assent of the State Authority to the plan,
and upon the assent being given, the altered structure plan shall come
into effect.
(7) The Committee shall cause the fact of the assent of the State
Authority to the altered structure plan to be published in the State
Gazette.
Preparation of draft local plans
12. (1) The local planning authority, while a draft structure plan is
being prepared, or before the State Authority gives assent to a draft
structure plan that has been prepared, may, if it thinks desirable,
prepare a draft local plan for any part of its area.
(2) Where a structure plan for the State has come into effect, the
local planning authority shall as soon as practicable prepare a draft
local plan for the whole of its area.
(3) A draft local plan shall consist of a map and a written statement
and shall—
(a) formulate, in such details as the local planning authority

thinks appropriate, its proposals for—
(i) the development of;
(ii) the use of land in;
(iii) the protection and improvement of the physical

environment of;
(iv) the preservation of the natural topography of;
(v) the improvement of the landscape of;
(vi) the preservation and planting of trees in;
(vii) the making up of open spaces in;
(viii) the preservation and enhancement of character

and appearance of buildings in;
(ix) the improvement of communications in; and
(x) the management of traffic in,
the area of the local plan; and
(b) contain such matters as may be prescribed or as the

Committee may in any particular case specify.
(4) A draft local plan for an area shall contain, or be accompanied

by, such diagrams, illustrations, and descriptive matter as the local
planning authority thinks appropriate for the purpose of explaining or
illustrating the proposals in the plan, or as may be prescribed by the
Committee, or as may in any particular case be specified in directions
given by the Committee; and the diagrams, illustrations, and
descriptive matter shall be treated as forming part of the plan.
(6) Without prejudice to the preceding provisions of this section,

the local planning authority shall, if the Committee gives it a direction
in that behalf in respect of a part of the area of the local planning
authority for which a draft structure plan has been, or is in the course
of being, prepared, as soon as practicable prepare for that part a draft
local plan of such nature as may be specified in the direction.
(7) Directions under subsection (6) may be given by the

Committee either before or after the draft structure plan comes into
effect.
(8) In formulating its proposals in a draft local plan, the local

planning authority shall secure that the proposals conform generally to
the structure plan for the State as it stands for the time being, whether
or not it has come into effect, and shall have regard to any information
and other considerations that appear to it to be relevant, or that may be
prescribed, or that the Committee may in any particular case direct it
to take into account.
(9) Before giving any direction under subsection (8) to a local

planning authority, the Committee shall consult the local planning
authority about the proposed direction.
Publicity in connection with preparation of draft local plan
12A. Before commencing the preparation of a local plan, the local

planning authority shall take such steps as will in its opinion secure—
(a) that publicity is given in its area to the draft local plan that
will be prepared, its objectives and the purpose for its
preparation, and matters that the local planning authority
proposes to include in the plan;
(b) that persons who may be expected to desire an opportunity

of making representations to the local planning authority in
respect of those matters are made aware that they are
entitled to, and are given, an opportunity of doing so.
Publicity in connection with draft local plans
13. (1) When the local planning authority has prepared a draft local
plan, it shall, before adopting it under subsection 15(1), but not before
the structure plan, so far as it applies to the area of the draft local plan,
comes into effect, and subject to subsection (2), make copies of the
draft local plan available for inspection at its office and at such other
places as it may determine; and each copy made available for

inspection shall be accompanied by a statement of the time, as stated
in the notice published under subsection (2), within which objections
to or representations in respect of the draft local plan may be made to
the local planning authority.
(2) Before making copies of a draft local plan available for

inspection under subsection (1), the local planning authority shall
publish, in three issues of at least two local newspapers, one of which
being in the national language, a notice stating the date on which copies
of the draft local plan will begin to be available for inspection, the
places where they will be available for inspection, and the time, which
shall not be less than four weeks from the date on which copies of the
draft local plan begin to be available for inspection, within which
objections to or representations in respect of the draft local plan may
be made to the local planning authority.
(3) The time stated in the notice under subsection (2) for the
making of objections to or representations in respect of the draft local
plan may be extended once by the local planning authority by not more
than four weeks on the application of any person.
Inquiries and hearings in respect of draft local plans
14. (1) For the purpose of considering objections to and

representations in respect of a draft local plan, the local planning
authority may cause a local inquiry or other hearing to be held by a
committee of three persons appointed by the State Planning
Committee.
(2) The State Authority may by rules—
(a) make provision in respect of the appointment and

qualifications for appointment of persons to hold a local
inquiry or other hearing under subsection (1);
(b) make provision in respect of the remuneration and

allowances of persons appointed to hold a local inquiry or
other hearing under that subsection.
Approval or rejection of draft local plans
15. (1) After the expiry of the period afforded for making objections
to or representations in respect of a draft local plan or, if such
objections or representations have been duly made during that period,
after considering the objections or representations, the local planning
authority shall submit the draft local plan or the draft local plan as
modified so as to take account of the objections or representations or
of any matters arising therefrom, to the Committee for its approval.
(1A) The Committee may, after considering a draft local plan

submitted to it, either approve it, in whole or in part and with or without
modifications, or reject it.
(1B) In considering the draft local plan, the Committee may take into
account any matters that it thinks are relevant, whether or not they were
taken into account in the plan as submitted or resubmitted to it.
(1C) The Committee shall submit the approved draft local plan to
the State Authority for the assent of the State Authority, and upon the
assent being given the plan shall come into effect.
(4) The local planning authority shall cause the assent of the State
Authority to a draft local plan to be published in the State Gazette and
in at least two local newspapers, one of which being in the national
language, together with the marking by which the plan may be
identified and a statement of the place where the plan may be
inspected.
(5) A local plan shall conform to the structure plan but if at any
time after a local plan has come into effect there exists a difference in
the provision between the local plan and the structure plan for the State,
and the Committee is satisfied that this is due to the structure plan for
the State being out of date, the Committee shall refer the difference to
the State Authority for its decision.
(6) If the State Authority is satisfied that the difference is in fact

due to the structure plan of the State being out of date, the State
Authority shall, by notification in the State Gazette, declare that the
local plan shall prevail over the structure plan as regards to that
particular provision.
Alteration, revocation and replacement of local plans
16. (1) The local planning authority may at any time make proposals
for the alteration, revocation, or replacement of a local plan.
(2) Without prejudice to subsection (1), the local planning

authority shall, if the Committee gives it a direction in that behalf in
respect of a local plan, as soon as practicable prepare proposals of a
kind specified in the direction, being proposals for the alteration,
revocation, or replacement of the plan.
(3) Subsections 12(8) and (9), and sections 13, 14 and 15, shall
apply in relation to the making of proposals for the alteration,
revocation, or replacement of a local plan under this section and to any
consequent alteration, revocation, or replacement of the plan, as they
apply in relation to the preparation of a draft local plan under
section 12 and to a draft local plan prepared thereunder.
Preparation, etc., of local plan by State Director
16A. (1) If the Committee is satisfied that a local planning authority

has failed to take steps to prepare a local plan or proposals for the
alteration, revocation or replacement of a local plan, the Committee
may direct the State Director to prepare the plan or proposals and the
expenses incurred in connection with such preparations shall be
payable by the local planning authority to the State Director.
(2) Sections 12, 13, 14, 15 and 16 shall apply in relation to the
preparation of a local plan or the making of proposals for the alteration,
revocation or replacement of a local plan under this section.
Special area plan
16B. (1) At any time during the preparation or upon the coming into
effect of a structure plan or a local plan, a State Director or a local
planning authority, on his or its own initiative or as directed by the
Committee, may submit to the Committee a proposal for the
designation of a special area for special and detailed treatment by
development, redevelopment, improvement, conservation or
management practice, or partly by one and partly by another method,
of the whole or part of such special area, and the nature of the treatment
proposed.
(2) For the purposes of subsection (1), the Committee shall

determine whether it is the State Director or the local planning
authority who shall have the responsibility of preparing a plan for the
special area.
(3) For the purposes of subsection (2), the plan for a special area
shall be prepared in the same manner as the preparation of a local plan,
but there shall be incorporated in such plan detailed guidance for its
implementation and management, and the plan shall have the effect of
a local plan.
Power to make rules
17. The State Authority may make rules for the better carrying out of
the purposes of this Part or for prescribing anything that may be, or is
required to be, prescribed under this Part.
PART IV
PLANNING CONTROL
Use of land and buildings
18. (1) No person shall use or permit to be used any land or building
otherwise than in conformity with the local plan.
(2) Subsection (1) shall not apply to the use of any land or building
for the purposes described in paragraph 19(2)(d).
(3) Subsection (1) shall not affect the continuance of the use of any
land or building for the purposes for which and to the extent to which
it was lawfully being used prior to the date when a local plan first came
into effect in the area concerned or, where there has been a change of
local plans or in a local plan, the date when the change became
effective.
Prohibition of development without planning permission
19. (1) No person, other than a local authority, shall commence,

undertake, or carry out any development unless planning permission in
respect of the development has been granted to him under section 22
or extended under subsection 24(3).
(2) Notwithstanding subsection (1), no planning permission shall

be necessary—
(a) for the carrying out of such works as are necessary for the
maintenance, improvement, or other alteration of a
building, being works that affect only the interior of the
building and do not—
(i) involve any change in the use of the building or

the land to which it is attached;
(ii) materially affect the external appearance of the

building;
(iii) involve any increase in the height or floor area of
the building;
(iv) involve any addition to or alteration of a building

that affects or is likely to affect its drainage,
sanitary arrangements, or its soundness; or
(v) contravene or involve or result in any

inconsistency with any provision in the local plan;
(b) for the carrying out by any authority established by law to

provide utilities of any works for the purpose of laying,
inspecting, repairing, or renewing any drains, sewers,
mains, pipes, cables, or other apparatus, or for the purpose
of maintaining or repairing roads, including the breaking
open of any road or ground for those purposes;
(c) for any excavation, including excavation of or for wells,

made in the ordinary course of agricultural operations in
areas zoned for agriculture;
(d) for the use of any land or building for a period not
exceeding one month or such further period as the local
planning authority may allow for purposes of—
(i) a temporary or mobile cinema, theatre, or show;
(ii) a temporary amusement park, fair, or exhibition;

or
(iii) a temporary ceremony or festivity of a religious,

social, or other character,
and for any development necessary to give effect to such

use;
(e) for the construction or erection on any land of temporary

buildings for the accommodation of workers involved in
the construction or erection of a building on the land, for
which planning permission has been granted;
(f) for the use of any land or building within the cartilage of a
dwelling-house for any purpose incidental to the enjoyment
of the dwelling-house as such; or
(g) for the making of such material change in the use of land or
building as the State Authority may prescribe to be a
material change for which no planning permission is
necessary.
Prohibition of development contrary to planning permission
20. No person shall commence, undertake, or carry out any

development otherwise than in conformity with the planning
permission granted to him under section 22 in respect of the
development or with the conditions of the planning permission.
Duty to consult
20A. It shall be the duty of every Federal and State Government

department or agency to consult the Committee on any development
activity that it proposes to carry out within the State.
Application for planning permission
21. (1) An application for planning permission in respect of a

development shall be made to the local planning authority and shall be
in such form and shall contain such particulars and be accompanied by
such documents, plans, and fees as may be prescribed.
(2) If the applicant is not the owner of the land on which the
development is to be carried out, the written consent of the owner
thereof to the proposed development shall be obtained and endorsed
on the application.
(3) Where the development involves the erection of a building, the

local planning authority may give written directions to the applicant in
respect of any of the following matters, that is to say:
(a) the level of the site of the building;
(b) the line of frontage with neighbouring buildings;
(c) the elevations of the building;
(d) the class, design, and appearance of the building;
(e) the setting back of the building to a building line;

(f) access to the land on which the building is to be erected;

and
(g) any other matter that the local planning authority considers
necessary for purposes of planning.
(4) The applicant to whom any written directions are given under
subsection (3) shall amend the plan submitted with his application
accordingly and resubmit the plan within such period or extended
period as the local planning authority may specify.
(5) If the plan is not resubmitted within the specified period or

extended period, the application for planning permission shall be
deemed to have been withdrawn but the applicant may submit a fresh
application.
(6) If the proposed development is located in an area in respect of

which no local plan exists for the time being, then, upon receipt of an
application for planning permission, or, where directions have been
given under subsection (3), upon compliance with the directions, the
local planning authority shall, by notice in writing served on the
owners of the neighbouring lands inform them of their right to object
to the application and to state their grounds of objection within twenty-
one days of the date of service of the notice.
(7) If objections are received pursuant to subsection (6), the local

planning authority shall, within thirty days after the expiry of the
period within which objections may be made, hear—
(a) the applicant for planning permission; and
(b) any person who has lodged an objection pursuant to

subsection (6) and who, in lodging the objection, has
requested a hearing.
(8) In this section, “neighbouring lands” means—
(a) lands adjoining the land to which an application under this

section relates;
(b) lands separated from the land to which an application made

under this section relate by any road, lane, drain or reserved
land the width of which does not exceed 20 metres and
which would be adjoining the land to which the application
relates had they not been separated by such road, lane, drain
or reserved land;
(c) lands located within a distance of 200 metres from the

boundary of the land to which an application under this
section relates if the access road to the land to which the
application relates is a cul-de-sac used by the owners of the
lands and owners of the land to which the application
relates.
Development proposal report
21A. (1) In addition to the documents and plans required to be

submitted under subsection 21(1) for planning permission, the
applicant shall submit a development proposal report which shall
contain the following:
(a) the development concept and justification;
(b) a location map and a site plan;
(c) particulars of land ownership and restrictions, if any;
(d) (i) a description of the land including its physical

environment, topography, landscape, geology,
contours, drainage, water bodies and catchments and
natural features thereon;
(ii) a survey of the trees and all forms of vegetation; and
(iii) particulars of a building,
which may be affected by the development;
(e) a land use analysis and its effect on the adjoining land;
(f) layout plans, the details of which are specified in

section 21 B ; and
(g) such other matters as may be prescribed by the local

planning authority.
(1A) The State Authority may specify that the development

proposal report submitted under subsection (1) in respect of certain
categories of development shall include an analysis of the social
implications of the development for the area which is the subject of the
application for planning permission.
(2) The State Authority may, by rules, exempt any development or

class, type or category of development from submitting—
(a) a development proposal report under subsection (1); or
(b) a development proposal report containing any of the

matters specified in paragraphs (1)(a) to (g).
Layout plans
21B. (1) The layout plans under paragraph 21A(1)(f) shall show the
proposed development and in particular—
(a) where the development is in respect of any land—
(i) measures for the protection and improvement of

its physical environment;
(ii) measures for the preservation of its natural

topography;
(iii) measures for the improvement of its landscape;
(iv) measures for the preservation and planting of

trees thereon;
(v) the location and species of trees with a girth

exceeding 0.8 metre and other vegetation thereon;
(vi) the making up of open spaces;
(vii) the proposed earthworks, if any; and
(viii) a description of the works to be carried out; and
(b) where the development is in respect of a building with

special architecture or historical interest, particulars to
identify the building including its use and condition, and its
special character, appearance, make and feature and
measures for its protection, preservation and enhancement;
and
(c) where the development involves a building operation,

particulars of the character and appearance of buildings
located in the surrounding area.
(2) The local planning authority may give directions to an

applicant for planning permission in respect of matters concerning his
layout plans as the local planning authority considers necessary.
(3) The applicant to whom directions are given under

subsection (2) shall amend the layout plans accordingly, and
resubmit the layout plans within such period or extended period as
the local planning authority may specify.
(4) If the layout plans are not resubmitted within the specified
period or extended period, the application for planning permission
shall be deemed to have been withdrawn but the applicant may submit
a fresh application.
Preparation of plan, etc., by a qualified person
21C. 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 58(2)(h); or
(b) a person who is entitled to do so under any other written

law.
Treatment of applications
22. (1) As soon as possible after the receipt of an application for

planning permission, or, if the application is one to which
subsection 21(6) applies, as soon as possible after the expiry of the
period within which objections may be made or, if objections have
been made, as soon as possible after the objections have been dealt
with under subsection 21(7), the local planning authority shall decide
on the application for planning permission.
(2) In dealing with an application for planning permission, the

local planning authority shall take into consideration such matters as
are in its opinion expedient or necessary for proper planning and in
particular—
(a) the provisions of the development plan, if any;
(aa) the direction given by the Committee, if any;
(b) the provisions that it thinks are likely to be made in any

development plan under preparation or to be prepared, or
the proposals relating to those provisions;
(ba) the provisions of *the Sewerage Services Act 1993 [Act 508];
(bb) the development proposal report;
(bc) the provisions of the Solid Waste and Public Cleansing

Management Act 2007 [Act 672]; and
*
NOTE—Repealed by Act 655 in respect of its application to Peninsular Malaysia and the Federal
territories of Putrajaya and Labuan.
(c) the objections, if any, made under section 21.
(2A) Where an application submitted under this section

involves—
(a) the development of a new township for a population

exceeding ten thousand, or covering an area of more than
one hundred hectares, or both;
(b) a development for the construction of any major

infrastructure or utility; or
(c) a development affecting hill tops or hill slopes, in an area

designated as environmentally sensitive in a development
plan,
the Committee shall request from the Council its advice on the
application submitted.
(2B) For the purposes of subsection (2A), development for the

construction of major infrastructure or utility shall include—
(a) national infrastructure works such as airports, seaports,

railway lines and highways; and
(b) national utility works such as the erection of dams, main

power stations and toxic waste disposal sites.
(3) After taking into consideration the matters specified in

subsection (2), the local planning authority may, subject to
subsection (4), grant planning permission either absolutely or
subject to such conditions as it thinks fit to impose, or refuse to grant
planning permission.
(4) The local planning authority shall not grant planning

permission if—
(a) the development in respect of which the permission is

applied for would contravene any provision of the
development plan;
(aa) the development in respect of which the permission is

applied for would contravene the provision of paragraph
(2)(aa); or
(b) the applicant for planning permission has neither paid the
development charge payable in respect of the development
nor obtained the permission of the local planning authority
under subsection 34(1) to pay the development charge by
instalments.
(5) Conditions imposed under subsection (3) may include any or

all of the following conditions, that is to say, conditions—
(a) to the effect that planning permission granted in respect of

any change of use of land or building is only for a limited
period and that, after the expiry of that period, the use of
the land or building as authorized by the planning
permission shall cease and the land or building shall be
reverted to its original use;
(b) to regulate—
(i) the development and use of any other land under

the control of the applicant that adjoins the land in
respect of which the planning permission is
granted; and
(ii) as may appear to the local planning authority to

be expedient for the development for which
planning permission is granted, the works that
may be carried out on such other land and the
manner in which and the extent to which such
works may be carried out;
(c) for securing the development of the land in accordance with

the approved layout plans;
(d) prohibiting damage to the land, its physical environment,

natural topography and landscape;
(e) prohibiting the removal or alteration of any of the natural

features of the land;
(f) prohibiting the felling of trees of a certain size, age, type or

species at any particular location, unless it is to comply with
any written law;
(g) for securing the planting or replanting of trees of a certain

size, age, type or species at any particular location in such
manner as may be determined by the local planning
authority;
(h) for securing the making up of open spaces in accordance

with the approved layout plans;
(i) where the development involves the erection of a new

building, or the re-erection or extension of a building or part
thereof, conditions to ensure its compatibility with the
architecture, character or appearance depicted in the
buildings located in the surrounding area, which the local
planning authority intends to protect, preserve or enhance;
(j) where the development involves any addition or alteration

to an existing building with special architecture or
historical interest, conditions to ensure that the facade and
other external character of the building is retained; and
(k) where the development involves the re-erection of a

building with special architecture or historical interest or
the demolition thereof and the erection of a new building in
its place, conditions to ensure that the facade and other
external character of the demolished building is retained.
(5A) It shall be the duty of the local planning authority to ensure

where planning permission is granted that a tree preservation order, if
any, is complied with.
(6) If planning permission is granted, whether with or without

conditions, it shall conveyed to the applicant in the prescribed form
and at the same time a notice of the grant thereof shall be given to any
person who has made any objection pursuant to subsection 21(6).
Appeal against decision of local planning authority
23. (1) An appeal against the decision of the local planning authority
made under subsection 22(3) may be made to the Appeal Board within
one month from the date of the communication of such decision to him,
by—
(a) an applicant for planning permission aggrieved by the

decision of the local planning authority to refuse planning
permission or by any condition imposed by the local
planning authority in granting planning permission; and
(b) a person who has lodged an objection pursuant to

subsection 21(6) and is aggrieved by the decision of the
local planning authority in relation to his objection.
(2) In considering an appeal, the Appeal Board shall hear the

appellant and the local planning authority.
(3) After hearing the appeal, the Appeal Board may make an
order—
(a) confirming the decision of the local planning authority and
dismissing the appeal;
(b) allowing the appeal by directing the local planning

authority to grant planning permission absolutely or subject
to such conditions as the Appeal Board thinks fit;
(c) allowing the appeal by setting aside any planning

permission granted; or
(d) allowing the appeal by directing the local planning

authority to remove or modify any condition subject to
which planning permission has been granted or to replace
the condition with such other condition as the Appeal Board
thinks fit.
Lapse of planning permission
24. (1) A planning permission granted under subsection 22(3) shall,

unless extended, lapse twelve months after the date of the grant thereof
if, within that time, the development had not commenced in the manner
specified in the planning permission.
(2) Subsection (1) shall not apply to a planning permission that

expressly states that the development for which the planning
permission is granted does not involve any building operation.
(3) On an application being made in that behalf in the prescribed

manner before the planning permission lapses, the local planning
authority may, on payment of the prescribed fee, grant an extension or
further extension of the planning permission.
(4) A planning permission extended under subsection (3) shall,

unless further extended, lapse twelve months after the date of the
extension thereof if, within that time, the development had not
commenced in the manner specified in the planning permission.
(5) In granting an extension or further extension of a planning

permission under subsection (3), the local planning authority may
impose such conditions on the planning permission as it thinks fit or
vary the conditions originally imposed; and section 23 shall apply with
the necessary modifications to the imposition or variation of conditions
under this section as it applies to the imposition of conditions under
subsection 22(3).
Revocation and modification of planning permission and approval

of building plans
25. (1) If it appears to the local planning authority to be in the public

interest that a planning permission granted under subsection 22(3) or an
approval of a building plan given under any of the previous local
government laws should be revoked or modified, the local planning
authority may order the permission or approval to be revoked or
modified to such extent as appears to it to be necessary.
(2) No revocation or modification under subsection (1) shall have

effect until confirmed by the Committee.
(3) An order revoking a planning permission or an approval of a

building plan shall state the period within which the person to whom
the permission or approval was granted is required to demolish any
building erected pursuant to the permission or approval and the
maximum amount that the local planning authority is prepared to
reimburse the person in respect of costs incurred by him in carrying
out the demolition.
(4) If, within the period stated in the revocation order or such
longer period as the local planning authority may allow, demolition has
not been carried out or completed, the local planning authority may
itself and at its own expense carry out or complete the demolition.
(5) If demolition has been completed by the person to whom the

planning permission or approval of the building plan was granted, the
local planning authority shall reimburse the person the costs actually
and reasonably incurred by him in carrying out the demolition, but not
exceeding the amount stated in the revocation order.
(6) If demolition has been partially carried out by the person to

whom the planning permission or approval of the building plan was
granted, but completed by the local planning authority, the local
planning authority shall assess the amount that the demolition would
have cost had it been carried out entirely by the local planning
authority, and determine the amount of the costs actually and
reasonably incurred by it in completing the demolition, and shall pay
the person by way of reimbursement of his costs the difference
between the two amounts or the costs actually and reasonably incurred
by the person in carrying out his part of the demolition, whichever is
the lesser amount, but in no case shall the local planning authority be
bound to pay any amount beyond the amount stated in the revocation
order.
(7) If a planning permission or an approval of a building plan is

revoked under subsection (1) and the person to whom the permission
or approval was granted claims from the local planning authority,
within the time and in the manner prescribed, compensation for any
expenditure incurred by him in carrying out works to implement the

permission or approval prior to its revocation or modification, the local
planning authority shall, after giving the person a reasonable
opportunity to be heard, offer such compensation to him as the local
planning authority thinks adequate.
(8) Where a planning permission or an approval of a building plan

is modified under subsection (1), the local planning authority shall
reimburse the person to whom the permission or approval was granted
the costs actually and reasonably incurred by him in implementing the
modification, being costs that he would not have incurred had the
modification not been ordered, and shall compensate him for any loss
suffered as a result of the modification.
(9) If any person is aggrieved by the amount of any reimbursement

or compensation offered or paid to him under this section, he may,
within the time and in the manner prescribed, appeal to the Appeal
Board and the Appeal Board shall assess the amount of reimbursement
or compensation to be paid.
(10) In subsection (1), “previous local government laws” means the

Town Boards Enactments of the Federated Malay States [F.M.S. Cap.
137] and of the States of Johore [Johore En. No. 118] and Terengganu
[Terengganu En. 12 of 1355 A.H.], the Municipal Ordinance of the
Straits Settlements [S.S. Cap. 133], the Municipal Enactment of the
State of Kelantan [Kelantan En. 20 of 1938], the Local Councils
Ordinance 1952 [Ord. 36 of 1952], and any other written law replacing
any or any part of those laws.
Offences relating to unauthorized development
26. (1) A person who, whether at his own instance or at the instance
of another person—
(a) uses or permits to be used any land or building in

contravention of section 18;
(b) commences, undertakes, or carries out, or permits to be

commenced, undertaken, or carried out, any development
in contravention of section 19 or 20;
(c) commences, undertakes, or carries out, or permits to be

where the planning permission or the approval of the
building plan, as the case may be, in respect of the
development has been revoked pursuant to section 25; or
(d) commences, undertakes, or carries out, or permits to be

after the planning permission or the approval of the
building plan, as the case may be, in respect of the
development has been modified pursuant to section 25 and
the development so commenced, undertaken, or carried out
is inconsistent with the modified permission or approval,
commits an offence and is liable, on conviction, to a fine not exceeding

*
five hundred thousand ringgit or to imprisonment for a term not
exceeding two years or to both and, in the case of a continuing offence,
to a further fine which may extend to **five thousand ringgit for each
day during which the offence continues after the first conviction for
the offence.
(2) Unless the contrary is proved, the owner of the land in respect
of which any act that constitutes an offence under subsection (1) is
done shall be deemed to have permitted the doing of that act.
Enforcement in the case of contravention of section 19
27. (1) This section shall apply where it appears to the local planning
authority that any development has been or is being undertaken or
carried out in contravention of section 19.
*
NOTE—Previously “one hundred thousand ringgit”–see the Town and Country Planning (Amendment)
Act 1995 [Act A933].
**
NOTE—Previously “one thousand ringgit”–see Act A933.
(2) If the local planning authority is satisfied that, had an

application for planning permission or extension of planning
permission in respect of the development been made under section 22
or subsection 24(3) before the development was commenced,
undertaken, or carried out, it would have, in the proper exercise of its
powers under those sections, refused to grant planning permission for
the development, then the local planning authority shall—
(a) if the development has been completed, serve on both the

owner and occupier of the land a notice in the prescribed
form requiring both of them to comply, within the period
specified in the notice or within such further period as the
local planning authority may allow, with such
requirements, to be specified in the notice, as the local
planning authority thinks fit in order that the land be
restored as far as possible to the condition it was in before
the development was commenced;
(b) if the development has not been completed, serve on the

owner of the land and the person who, in the opinion of the
local planning authority, is carrying out the development, a
notice in the prescribed form requiring both of them to
discontinue the development forthwith and to comply,
within the period specified in the notice or within such
further period as the local planning authority may allow,
with such requirements, to be specified in the notice, as the
local planning authority thinks fit in order that the land be
restored as far as possible to the condition it was in before
the development was commenced.
(3) If the local planning authority is not satisfied as provided in

subsection (2), it shall serve on the owner, occupier, or the person who,
in the opinion of the local planning authority, is carrying out the
development, as the case may be, a notice informing him of the
contravention and calling on him to apply for planning permission
within the period specified in the notice or within such further period
as the local planning authority may allow.
(4) In any case falling under subsection (3), the local planning
authority shall also, if the development has not been completed, serve
on both the owner and the person who, in the opinion of the local
planning authority, is carrying out the development, a notice in the
prescribed form requiring them to discontinue the development
forthwith.
(5) The giving of a notice under subsection (3) shall not be

construed as an indication of willingness to grant planning permission
and shall be without prejudice to the power of the local planning
authority to refuse planning permission, and the notice shall contain a
statement to that effect.
(6) Any person who continues to carry out any development after
being required to discontinue it by a notice served on him under
paragraph (2)(b) or subsection (4) commits an offence and is liable, on
conviction, to a fine not exceeding *one hundred thousand ringgit or to
imprisonment for a term not exceeding six months or to both and to a
further fine which may extend to **five thousand ringgit for each day
during which the development is carried out after the first conviction
for the offence.
(7) Sections 21 and 22 shall apply to an application for planning

permission under subsection (3), but in addition to any fees prescribed
for the purposes of section 21, such further fees as may be prescribed
shall be payable in respect of the application.
(8) If no application is made under subsection (3) within the time

allowed or if the application is refused, the local planning authority
shall serve on the owner, occupier, or the person who, in the opinion
of the local planning authority, is carrying out the development, a
notice in the prescribed form requiring any or all of them to comply,
as the local planning authority may allow, with such requirements, to
be specified in the notice, as the local planning authority thinks fit in
order that the land be restored as far as possible to the condition it was
in before the development was commenced.
*
NOTE—Previously “five hundred ringgit”–see the Town and Country Planning (Amendment) Act 1995
[Act A933].
**
NOTE—Previously “one thousand ringgit”– see Act A933.
(9) Subject to subsection (10), any person who fails to comply with
any requirement of a notice under subsection (2) or (8) within the
period allowed commits an offence and is liable, on conviction, to a
fine not exceeding *one hundred thousand ringgit or to imprisonment
for a term not exceeding six months or to both and to a further fine
which may extend to **five thousand ringgit for each day during which
the failure is continued after the first conviction for the offence.
(10) No occupier of any land to which a notice under subsection (2)

or (8) relates, who is not also the owner of the land, shall be liable to
be convicted for an offence under subsection (9) if he proves that the
development to which the notice relates was not commenced,
undertaken, or carried out, or permitted to be commenced, undertaken,
or carried out, by him.
(11) In this section, “development” includes any part or feature of

a development.
Enforcement in the case of contravention of section 20
carried out in contravention of section 20.
(2) If the local planning authority is satisfied that, had the

application for planning permission indicated that the development
was to take or result in its present form or state, it would have, in the
proper exercise of its powers under section 22, refused to grant
planning permission for the development, then the local planning
authority shall—

*
NOTE—Previously “fifty thousand ringgit”– see the Town and Country Planning (Amendment) Act
1995 [Act A933].
**

planning authority thinks fit in order that the development
is brought into conformity with the planning permission
and the conditions thereof or, where this is not possible, in
order that the land be restored as far as possible to the
condition it was in before the development was
commenced;

notice in the prescribed form requiring both of them to
discontinue the development forthwith and to comply,
within the period specified in the notice or within such
further period as the local planning authority may allow,
with such requirements, to be specified in the notice, as the
local planning authority thinks fit in order that the
development is brought into conformity with the planning
permission and the conditions thereof or, where this is not
possible, in order that the land be restored as far as possible
to the condition it was in before the development was
commenced.

subsection (2), it shall serve on the owner, occupier, or the person who,
in the opinion of the local planning authority, is carrying out the
development, as the case may be, a notice informing him of the
contravention and calling on him to apply for a fresh planning
permission in respect of the development, as it is in its present form or
state, within the period specified in the notice or within such further
period as the local planning authority may allow.
(4) In any case falling under subsection (3), the local planning
authority shall also, if the development has not been completed, serve
on both the owner and the person who, in the opinion of the local
planning authority, is carrying out the development, a notice in the
prescribed form requiring them to discontinue the development
forthwith.
(5) The giving of a notice under subsection (3) shall not be

construed as an indication of willingness to grant planning permission
and shall be without prejudice to the power of the local planning
authority to refuse planning permission, and the notice shall contain a
statement to that effect.
(6) Any person who continues to carry out any development after
being required to discontinue it by a notice served on him under
paragraph (2)(b) or subsection (4) commits an offence and is liable, on
during which the development is carried out after the first conviction
for the offence.
(7) Sections 21 and 22 shall apply to an application for planning

permission under subsection (3), but in addition to any fees prescribed
for the purposes of section 21, such further fees as may be prescribed
shall be payable in respect of the application.
(8) If no application is made under subsection (3) within the time

allowed or if the application is refused, the local planning authority
shall serve on the owner, occupier, or the person who, in the opinion
of the local planning authority, is carrying out the development, a
notice in the prescribed form requiring any or all of them to comply,
as the local planning authority may allow, with such requirements, to
be specified in the notice, as the local planning authority thinks fit in
order that the development is brought into conformity with the
planning permission and the conditions thereof or, where this is not
possible, in order that the land be restored as far as possible to the
condition it was in before the development was commenced.
any requirement of a notice under subsection (2) or (8) within the
period allowed commits an offence and is liable, on conviction, to a
*
NOTE—Previously “fifty thousand ringgit”–see the Town and Country Planning (Amendment) Act 1995
[Act A933].
**
fine not exceeding *one hundred thousand ringgit or to imprisonment

for a term not exceeding six months or to both and to a further fine
which may extend to **five thousand ringgit for each day during which
the failure is continued after the first conviction for the offence.
(10) No occupier of any land to which a notice under subsection (2)

or (8) relates, who is not also the owner of the land, shall be liable to
be convicted for an offence under subsection (9) if he proves that the
development to which the notice relates was not commenced,
undertaken, or carried out, or permitted to be commenced, undertaken,
or carried out, by him.
(11) In this section, “development” includes any part or feature of

a development.
Enforcement in the case of development that is inconsistent with

modified planning permission or approval of building plan
carried out after the planning permission or the approval of the building
plan, as the case may be, in respect of the development has been
modified pursuant to section 25 and the development so undertaken or
carried out is inconsistent with the modified permission or approval.
(2) If the local planning authority is satisfied that any part, aspect,
or feature of the development that is inconsistent with the modified
planning permission or approval of building plan is capable of being
modified, added to, or demolished so as to bring about consistency
with the modified permission or approval, then the local planning
authority shall—

*
[Act A933].
**

planning authority thinks fit in order to bring about
consistency with the modified permission or approval;

notice in the prescribed form requiring them—
(i) to discontinue all activities forthwith, except

those activities that are necessary for complying
with the requirements of the local planning
authority under subparagraph (ii) and such other
activities as may be specified by the local
planning authority, until the local planning
authority is satisfied that those requirements have
been complied with; and
(ii) to comply, within the period specified in the

notice or within such further period as the local
planning authority may allow, with such
requirements, to be specified in the notice, as the
local planning authority thinks fit in order to bring
about consistency with the modified permission
or approval.

subsection (2), then the local planning authority shall serve on the
owner of the land and, if the development has not been completed, on
the person who, in the opinion of the local planning authority, is
carrying out the development, a notice in the prescribed form requiring
them to comply, within the period specified in the notice or within such
further period as the local planning authority may allow, with such
requirements, to be specified in the notice, as the local planning
authority thinks fit in order that the land be restored as far as possible
to the condition it was in before the development was commenced.
any requirement of a notice under paragraph (2)(a), subparagraph
(2)(b)(ii), or subsection (3) within the period allowed commits an

offence and is liable, on conviction, to a fine not exceeding *one
hundred thousand ringgit or to imprisonment for a term not exceeding
six months or to both and to a further fine which may extend to **five
thousand ringgit for each day during which the failure is continued
after the first conviction for the offence.
(5) No occupier of any land to which a notice under paragraph (2)(a)

relates, who is not also the owner of the land, shall be liable to be convicted
for an offence under subsection (4) if he proves that the development
to which the notice relates was not commenced, undertaken, or carried
out, or permitted to be commenced, undertaken, or carried out, by him.
(6) Any person who continues to carry out any activity after being
required to discontinue it by a notice served on him under
subparagraph (2)(b)(i) commits an offence and is liable, on conviction,
to a fine not exceeding *one hundred thousand ringgit or to
during which the activity is so continued after the first conviction for
the offence.
Requisition notice
30. (1) If the local planning authority is satisfied—
(a) that any use of land should be discontinued; or
(b) that conditions should be imposed on the continued use

thereof; or
(c) that any building or works on any land should be altered or

removed,
the local planning authority may, with the approval of the State
Authority, by a requisition notice served on the owner of the land—
*
[Act A933].
**
(i) require the discontinuance of that use;
(ii) impose such conditions for the continued use of

the land as may be specified in the requisition
notice; or
(iii) require such steps as may be specified in the

requisition notice to be taken for the alteration or
removal of the building or works;
and the owner shall, within such period as may be specified in the
requisition notice, not being less than one month from the date of
service of the notice, comply with such requirements or condition.
(2) A person aggrieved by a requisition notice may, within the

period stated therein and in the manner prescribed, appeal to the
Appeal Board.
(3) If an appeal is filed under subsection (2), the requisition notice

shall be suspended until the determination or withdrawal of the appeal.
(4) In considering an appeal under subsection (2), the Appeal

Board shall hear the appellant and the local planning authority.
(5) If the owner of the land to which the requisition notice relates
has, in consequence of compliance with the notice, suffered damage in
the form of a depreciation in the value of the land or incurred expenses
or costs in carrying out works in compliance with the notice, he may
claim from the local planning authority, within the time and in the
manner prescribed, compensation for the damage, expenses, or costs.
(6) If a claim is made under subsection (5), the local planning

authority shall, after giving the person making the claim an opportunity
to be heard, offer him such compensation as the local planning
authority considers adequate.
(7) If the person to whom compensation is offered under

subsection (6) is aggrieved by the amount thereof, he may, within the
time and in the manner prescribed, appeal to the Appeal Board and the
Appeal Board shall assess the amount of compensation to be paid.
(8) A person who fails to comply with a requisition notice served

on him under subsection (1) within the period specified therein or,
where an appeal has been made under subsection (2), within such
period after the determination or withdrawal of the appeal as may be
specified by the local planning authority commits an offence and is
liable, on conviction, to a fine not exceeding *one hundred thousand
ringgit or to imprisonment for a term not exceeding six months or to
both and, in the case of a continuing offence, to a further fine which
may extend to **five thousand ringgit for each day during which the
offence is continued after the first conviction for the offence.
Execution by authorized person
31. (1) If any requirement of any notice served under any of the
provisions of sections 27, 28, 29 and 30, other than a requirement to
discontinue any development or activity, is not complied with within
the period specified in the notice or within any further period that may
have been allowed by the respective local planning authority, an
authorized person may, with or without workmen, enter upon the land
to which the notice relates and take such steps as may be necessary to
execute the notice, including the demolishing or altering of any
building or works and the removal of any goods, vehicles, or things
from any building or from the land.
(2) The local planning authority may request the officer in charge
of the police district in which the area of the local planning authority
is situated to provide police officers to render assistance to an
authorized person in taking any action by virtue of subsection (1) and
it shall be the duty of the officer in charge of the police district to
comply with the request and of the police officers provided in
compliance therewith to render such assistance.
(3) The local planning authority may recover the expenses and
costs incurred in executing a notice under subsection (1) from the
owner of the land to which the notice relates in the manner in which
rates are recovered under any written law relating to local government.
*
[Act A1129].
**
Inconsistency between building by-laws and development plan
31A. Where an inconsistency exists between any building by-laws

and a development plan in relation to any policies in that plan—
(a) the development plan shall prevail over the by-laws; and
(b) the approving authority shall apply the provisions of the

building by-laws in such manner and to such extent as may
be necessary to avoid the inconsistency, but so as to ensure
that the standards of building soundness for the safety of
the occupants and amenity achieved in respect of the
development are as good as can reasonably be achieved in
the circumstances.
PART V
DEVELOPMENT CHARGE
Development charge and liability thereto
32. (1) Where a local plan or an alteration of a local plan effects a

change of use, density, or floor area in respect of any land so as to
enhance the value of the land, a development charge shall be levied in
respect of any development of the land commenced, undertaken, or
carried out in accordance with the change.
(2) The rate of the development charge or the method of

calculating the amount of development charge payable shall be as
prescribed by rules made under section 35.
(3) The State Authority may, by rules made under section 35,
exempt any person or class of persons or any development or class,
type, or category of development from liability to the development
charge, subject to such conditions as the State Authority may specify
in the rules.
Determination of development charge
33. (1) Before granting planning permission for any development,

the local planning authority shall determine whether a development
charge is payable in respect of the development and, if payable, the
amount thereof, and shall serve on the applicant for planning
permission a notice in the prescribed form demanding payment of the
amount.
(2) The determination by the local planning authority of the

amount of the development charge shall be final and shall not be
subject to appeal or review in any court.
Payment of development charge
34. (1) The development charge shall be payable in a lump sum, but
the local planning authority may, on application by the applicant for
planning permission, permit the development charge to be paid by such
number of instalments as the local planning authority considers just,
with interest at the rate, not being a preferential rate, imposed by the
Federation of Banks Malaysia-Singapore on loans secured on
immovable property.
(2) If any due instalment of the development charge is not paid, the
local planning authority shall give to the person to whom planning
permission has been granted a notice informing him of the default and
demanding that payment be made within a reasonable time to be
specified in the notice.
(3) If the amount due remains unpaid after the time allowed under
subsection (2) has lapsed, the whole balance of the development charge
shall become due and payable and may be recovered in the manner in
which rates are recovered under any written law relating to local
government.
(4) All sums received on account of the development charge shall

be paid into the fund of the appropriate local authority.
Power to make rules
35. The State Authority may make rules for the purpose of giving
effect to and carrying out the provisions of this Part or of prescribing
anything that may be, or is required to be, prescribed under this Part.
PART VA
TREE PRESERVATION ORDER
Tree preservation order
35A. (1) If it appears to the local planning authority that it is

expedient in the interest of amenity to preserve any tree, trees or group
of trees in its area, it may make a tree preservation order with respect
to such tree, trees, or group of trees.
(2) A tree preservation order may, in particular, make provisions—
(a) for prohibiting the felling of trees except with the written
permission of and subject to conditions, if any, imposed by
the local planning authority; and
(b) for securing the planting of trees or the replacement of trees

by replanting in such manner as may be determined by the
local planning authority.
(3) Paragraph (2)(a) shall not apply to the felling of a tree—
(a) which is dying or dead;
(b) for the prevention of an imminent danger; or
(c) if it is to comply with any written law.
(4) Any person who contravenes any provision in the tree

preservation order commits an offence and is liable, on conviction, to
a fine not exceeding *one hundred thousand ringgit or to imprisonment

for a term not exceeding six months or to both.
(5) Where in any proceeding for an offence under this section it is

proved that a tree was felled, it shall be presumed, until the contrary is
proved, that the tree had been felled by the occupier of the land on
which the tree was growing.
Tree preservation order not to be made if tree is already subjected

to conditions
35B. Notwithstanding section 35A, a tree preservation order shall not

be made in respect of a tree which has or trees or group of trees which
have already been subjected to conditions imposed under paragraphs
22(5)(f) and (g).
Appeal against tree preservation order, etc.
35C. Any person aggrieved by—
(a) a tree preservation order;
(b) any of the provisions of a tree preservation order;
(c) (i) the refusal of a written permission; or
(ii) any of the conditions imposed on a grant of a written

permission,
under paragraph 35A(2)(a); or
(d) an order to plant or replace trees under paragraph 35A(2)(b),
may, within one month from the date of the communication of such
order, refusal or imposition of conditions, appeal to the Appeal Board.
*
[Act A1129].
Compensation under a tree preservation order
35D. (1) If the owner of the land to which a tree preservation order
relates proves that he has, in complying with paragraphs 35C(a) to (d),
suffered damages in the form of depreciation in the value of the land,
he may claim compensation from the local planning authority.
(2) A claim for compensation under subsection (1) shall be served

on the local planning authority—
(a) within six months from the date on which—
(i) the tree preservation order;
(ii) the refusal of a written permission or the imposition of

conditions under paragraph 35A(2)(a); or
(iii) the order to replace a tree under paragraph 35A(2)(b),
was communicated to the owner of the land; or
(b) where an appeal is made under subsection 35C(1), within

six months from the date of the decision of the Appeal
Board confirming the order, refusal or imposition of
conditions appealed against.
(3) If the owner of such land is dissatisfied with the amount of

compensation awarded, he may, within one month from the date of
such award, appeal to the Appeal Board which shall have the power to
confirm or vary the amount of compensation awarded.
Replacement of trees
35E. (1) It shall be the duty of the person who is found guilty under
subsection 35A(4) for felling any tree in respect of which a tree
preservation order is for the time being in force, in contravention of the
tree preservation order, to replace such tree by planting another tree—
(a) of an appropriate size and species;

(b) at or near the same place or such other place;
(c) within the time; and
(d) subject to such terms and conditions,
as may be specified by the local planning authority unless on his

application or the application of any other person or at its own
discretion the local planning authority dispenses with this requirement.
(2) The time specified by the local planning authority under

paragraph (l)(c) for the replacement of a tree may be extended once on
the application of the person whose duty it is to replace such tree.
(3) Any person who is aggrieved by—
(a) the refusal to dispense with the requirement for

replacement of a tree under subsection (1);
(b) any order given under paragraph (1)(a) or (b);
(c) any term or condition imposed under paragraph (1)(d); or
(d) the refusal to extend time under subsection (2),
may, within one month of the date of the communication of such order,
refusal or imposition of term and condition, appeal to the Appeal
Board.
(4) In relation to any tree replanted under subsection (1), the

relevant tree preservation order shall apply to it as it had applied to the
original tree.
(5) Where the person whose duty is to replace a tree under

subsection (1) fails to do so, he commits an offence and is liable, on
imprisonment for a term not exceeding six months or to both.
*
[Act A1129].
Local planning authority to replace tree if the person whose duty

it is to replace fails to do so
35F. In the event of a failure to replace a tree under subsection 35E(1), the
local planning authority may proceed to replace the tree and,
notwithstanding payment of a fine under subsection 35E(5), all costs
and expenses reasonably incurred thereby by it shall be reimbursed by
the person in default of such replacement.
Revocation of a tree preservation order
35G. The local planning authority may amend or revoke a tree

preservation order including for the purpose of granting planning
permission under subsection 22(3) in respect of an area where a tree
preservation order is for the time being in force.
Prohibition to fell, etc., tree with girth exceeding 0.8 metre
35H. (1) No person shall, without the written permission of the local
planning authority, fell a tree with a girth exceeding 0.8 metre which
is not subjected to a tree preservation order unless the felling—
(a) is in respect of such tree which is dying or dead;
(b) is for the prevention of an imminent danger; or
(c) is to comply with any written law.
(2) For the purpose of subsection (1), the girth of a tree shall be
measured half a metre from the ground provided that the girth of a tree
with buttress shall be measured above the buttress.
(3) Any person who contravenes subsection (1) commits an

offence and is liable, on conviction, to a fine not exceeding *ten
*
NOTE—Previously “five thousand ringgit”–see the Town and Country Planning (Amendment) Act 2001
[Act A1129].
thousand ringgit or to imprisonment for a term not exceeding three

months or to both.
PART VI
THE APPEAL BOARD
The Appeal Board
36. (1) For the purposes of this Act, there shall be constituted an
Appeal Board in and for the State.
(2) The State Authority shall, by notification in the State Gazette,

appoint—
(a) with the concurrence of the Minister, a Chairman and a

Deputy Chairman of the Appeal Board, being persons who
are or have been judges or advocates and solicitors of the
High Court or members of the Judicial and Legal Service
of Malaysia or who have had judicial experience or other
suitable qualifications and experience; and
(b) such number of fit persons, not exceeding twelve, as the

State Authority considers adequate to be additional
members of the Appeal Board.
(3) A person appointed under subsection (2) shall, unless he sooner

resigns his office or his appointment is sooner revoked, hold office for
such period not exceeding three years as the State Authority shall
specify in the notification of appointment, but shall be eligible for
reappointment.
(4) The State Authority may revoke the appointment of a member

of the Appeal Board without assigning any reason therefor.
(5) When the Chairman is unable to exercise his functions owing

to illness, absence from Malaysia, or any other cause, the Deputy
Chairman shall exercise the functions of the Chairman; and in
exercising those functions, the Deputy Chairman shall, for the
purposes of this Act, be deemed to be the Chairman of the Appeal

Board.
(6) Whenever a need arises for the Appeal Board to be convened,

the Chairman shall call upon any two of the members appointed under
paragraph (2)(b) to serve with him on the Appeal Board; and it shall
be the duty of every member so called upon, to serve on the Appeal
Board, unless he is excused by the Chairman, on such grounds as the
Chairman considers reasonable, from so serving.
(7) A member of the Appeal Board having an interest in any matter

before it shall, as soon as he is aware of his interest, disclose the fact
and nature thereof to the Chairman and shall take no part or further part
in the proceedings of the Appeal Board relating to the matter.
(8) Every disclosure of interest made under subsection (7) shall be

recorded.
(9) Every decision of the Appeal Board shall be made by the

Chairman after considering the opinions of the other two members, but
in making the decision the Chairman shall not be bound to conform to
the opinions of the other two members or either of them, but if the
Chairman dissents therefrom, he shall record his reasons for dissenting.
(10) In respect of an appeal before it, the Appeal Board—
(a) shall hear the appellant and the local planning authority;
(b) may summon and examine witnesses;
(c) may require any person to bind himself by an oath to state

the truth;
(d) may compel the production and delivery of any document

that it considers relevant or material to the appeal;
(e) may confirm, vary or reverse the order or decision appealed

against;
(f) may award costs; and
(g) may make any order whether or not provided for by, and
not inconsistent with, this Act.
(11) Every person summoned by the Appeal Board to attend its

proceedings is legally bound to attend at the place and time specified
in the summons, and every person required by the Appeal Board to
produce or deliver any document to the Appeal Board or to any public
servant is legally bound to so produce or deliver the document.
(12) All summonses, notices, awards, and orders issued, made, or

given under the hand of the Chairman shall be deemed to be issued,
made, or given by the Appeal Board.
(13) An order made by the Appeal Board on an appeal before it

shall be final, shall not be called into question in any court, and shall
be binding on all parties to the appeal or involved in the matter.
(14) For the purposes of the Penal Code [Act 574], the Appeal
Board shall be deemed to be a court and every member thereof shall
be deemed to be a public servant.
(15) The State Authority may make rules to prescribe the procedure
of appeals to the Appeal Board and the fees payable in respect thereof,
and to regulate the proceedings of the Appeal Board but, until such
rules are made and in operation, the Appeal Board shall, for the
purpose of its proceedings, as far as practicable follow the Subordinate
Courts Rules 1980 [P.U. (A) 328/1980].
(16) Members of the Appeal Board shall be paid, from State funds,
such allowances as the State Authority may determine.
PART VII
PURCHASE NOTICE AND ACQUISITION OF LAND
Notice requiring purchase of land in certain cases

37. (1) Without prejudice to the operation of any written law for the
time being in force relating to the acquisition of land, a registered
proprietor of land—
(a) for the development of whose land planning permission has

been refused under subsection 22(3) on the grounds that the
land is indicated in the development plan, whether
expressly or by implication, as land intended for a public
purpose and who claims that, by reason of the refusal, the
land is incapable of reasonable beneficial use; or
(b) who claims that, by reason of compliance with a requisition

notice in respect of his land served on him under section 30,
the land is incapable of reasonable beneficial use,
may, in the prescribed manner, serve on the local planning authority a

purchase notice in the prescribed form, requiring his interest in the land
to be purchased in accordance with this section.
(2) There shall be served with the purchase notice a statement of

the facts and reasons to justify the claims in the notice, together with
copies of any available documents, including affidavits, that may
furnish proof of the facts and reasons.
(3) The local planning authority shall investigate the claim made
in every purchase notice served under subsection (1) and, if it is
satisfied that the notice is in the prescribed form and has been prepared
and served in the prescribed manner, shall submit the notice to the State
Authority together with the statement and any other documents served
with the notice and—
(a) in the case of a purchase notice of a person claiming under

paragraph (1)(a), a detailed report concerning the refusal of
planning permission giving rise to the claim, a statement of
the specific purpose for which the land is intended, and a
statement of the opinion of the local planning authority as
to whether the land is capable of reasonable beneficial use;
and
(b) in the case of a purchase notice of a person claiming under

paragraph (1)(b), details of the requisition notice giving rise
to the claim and a statement of the opinion of the local
planning authority as to whether the land is capable of
reasonable beneficial use.
(4) If the local planning authority is not satisfied that the purchase
notice is in the prescribed form or has been prepared or served in the
prescribed manner, it shall reject the purchase notice, but without
prejudice to the service of another purchase notice.
(5) The State Authority, after considering the purchase notice and
all other matters submitted by the local planning authority under
subsection (3), shall—
(a) if the State Authority is satisfied that the land to which the
purchase notice relates is capable of reasonable beneficial
use, reject the purchase notice; or
(b) if the State Authority is not satisfied that the land to which the
purchase notice relates is capable of reasonable beneficial use
or is satisfied that the land is not capable of such use, direct the
local planning authority to initiate steps towards the acquisition
of the land in accordance with the provisions of the Land
Acquisition Act 1960 [Act 486].
(6) For the purposes of the Land Acquisition Act 1960—
(a) any land intended to be acquired pursuant to this section

shall be deemed to be needed by the local planning
authority;
(b) the local planning authority shall be deemed to be a

corporation undertaking a work that is of public utility; and
(c) the land shall be deemed to be needed for the purpose

referred to in paragraph 3(1)(b) of the Act.
(7) Notwithstanding any law to the contrary, in assessing the

amount of compensation to be paid for the acquisition of any land
pursuant to subsection (5), the land shall be treated as if it had not been
indicated in the development plan as land intended for a public purpose
and was not in fact so intended or, as the case may be, as if the
requisition notice served under section 30 in respect of the land had not
been served and there had been no compliance with the notice.
PART VIII
DEVELOPMENT AREAS
Declaration of development areas
38. (1) At any time after the local planning authority has adopted a
local plan for a special area, the local planning authority may, by
notification in the State Gazette, declare the area or any part thereof to
be a development area.
(2) Upon an area being declared to be a development area, it shall

be the duty of the local planning authority to acquire, by purchase or
by compulsory acquisition under the Land Acquisition Act 1960, all
alienated lands situated within the area, and to develop the area in
accordance with the local plan.
Effect of declaration
39. (1) Every declaration under section 38 shall have effect as a

declaration of intended acquisition under the Land Acquisition Act 1960 of
all alienated lands situated within the area to which the declaration relates
and any such lands may, if the local planning authority is unsuccessful in
negotiating its purchase of the lands on terms acceptable to the local
planning authority, be acquired and paid for in accordance with the said
Act, but subject to section 40.
(2) For the purposes of the said Act—
(a) any land intended to be acquired pursuant to this Part shall

be deemed to be needed by the local planning authority;
(b) the local planning authority shall be deemed to be a

corporation undertaking a work that is of public utility; and
(c) the land shall be deemed to be needed for the purpose

referred to in paragraph 3(1)(b) of the Act.
Special provisions for compensation
40. (1) In assessing the compensation payable in respect of any land

or building or any interest therein proposed to be acquired
compulsorily pursuant to this Part—
(a) the estimate of the value of the land, building, or interest shall
be based upon the fair market value thereof at the date of
publication of the declaration under subsection 38(1), due
regard being had to the nature and condition of the property, the
probable duration of the building in its existing state, and the
state of repair thereof, without giving any allowance in respect
of the compulsory purchase or other matters; and
(b) in such estimate any addition to or improvement of the

property made after the date of publication of the
declaration under subsection 38(1) shall not, unless the
addition or improvement was necessary for the
maintenance of the property in a proper state of repair, be
included nor, in the case of any interest acquired after that
date, shall any separate estimate of the value thereof be
made so as to increase the amount of compensation to be
paid for the land or building.
(2) When assessing the compensation payable in respect of any

house or premises, evidence shall be receivable by the court to prove—
(a) that the rental of the house or premises was enhanced by

reason of the house or premises being used for illegal
purposes or being so overcrowded as to be dangerous or
injurious to the health of the occupants;
(b) that the house or premises are in such a condition as to

constitute a nuisance or are in a state of defective sanitation
or are not in reasonably good repair; and
(c) that the house or premises are unfit and not reasonably
capable of being made fit for human habitation,
and, if the court is satisfied by such evidence, then the compensation—
(d) shall, in the first case, in so far as it is based on rental, be

based on the rental that would have been obtainable if the
house or premises were occupied for lawful purposes and
only by the number of persons whom the house or premises
are, in all circumstances of the case, capable of
accommodating without such overcrowding as is
dangerous or injurious to the health of the occupants;
(e) shall, in the second case, be the amount estimated to be the

value of the house or premises if the nuisance had been
abated or if they had been put into a sanitary condition or
into reasonably good repair, after deducting the estimated
expenses of abating the nuisance or putting the house or
premises into such condition or repair, as the case may be;
and
(f) shall, in the third case, be the value of the land and of the
materials of the buildings thereon.
Local planning authority may employ agents, enter into

arrangements, and establish corporations
41. (1) For the purpose of developing a development area in the

discharge of its duty under subsection 38(2), the local planning
authority may appoint or employ agents, or, with the approval of the
Menteri Besar or Chief Minister, and subject to the rules made under
section 44, and to such conditions and restrictions as may be approved,
or required by the Menteri Besar or Chief Minister, enter into any
arrangement for sharing profits, union of interests, cooperation, joint
adventure, or reciprocal concession with any person, company, or

body.
(2) The local planning authority may, with the approval of the
Menteri Besar or Chief Minister, from time to time by order published
in the State Gazette, establish a corporation by such name as the local
planning authority thinks fit, to carry out, and have the charge, conduct,
and management of any project, scheme, or enterprise that has been
planned or undertaken by the local planning authority in the discharge
of its duty under subsection 38(2) of developing a development area.
(3) Every order made under subsection (2) shall make provision in
respect of—
(a) the purposes and objects for which the corporation is

established;
(b) the constitution of the corporation;
(c) the duties, powers, and rights of the corporation;
(d) the system of management of the corporation;
(e) the financing of the corporation;
(f) the accounts to be kept by the corporation and the auditing

thereof;
(g) the relations between the corporation and the local planning
authority and its right of control over the corporation; and
(h) the common seal of the corporation.
Power to borrow moneys
42. The local planning authority may, with the approval of the
Menteri Besar or Chief Minister, but subject to the Public Authorities
(Control of Borrowing Powers) Act 1961 [Act 383], borrow such sums
of money as are necessary for financing the development of a

development area.
Power to dispose of land and property
43. The local planning authority may, subject to rules made under
section 44, sell, let, or otherwise deal with or dispose of any land or
property in a development area that it has developed pursuant to
subsection 38(2).
Power to make rules
44. The State Authority may make rules—
(a) to regulate the conduct of negotiations for the purchase of

lands in a development area and the terms of purchase;
(b) to regulate the making and the terms of any arrangement

under subsection 41(1);
(c) to secure a just and equitable implementation of section 43; and
(d) generally for the better carrying out of the provisions of this
Part.
PART IX
MISCELLANEOUS PROVISIONS
Power of entry
45. (1) An authorized person may, with or without assistants or

workmen, enter upon or into any land or building for the purpose of—
(a) making any inquiry, inspection, measurement, or survey, or

taking the levels of the land or building;
(b) setting out boundaries and intended lines of works;

(c) indicating such levels, boundaries, and lines by placing or

setting up marks and digging trenches;
(d) digging or boring into the subsoil;
(e) ascertaining whether any development has been

commenced, undertaken, or carried out in contravention of
this Act or the rules made thereunder; and
(f) doing any other acts necessary for the efficient

administration of this Act.
(2) No entry shall be made under subsection (1)—
(a) into a building used solely as a dwelling-house or upon any

enclosed part or garden attached to the building, unless the
prior consent of the occupier has been obtained, or a notice
in writing of the intention to enter has been given to the
occupier at least twenty-four hours before the intended
entry;
(b) without due regard, such as is compatible with the exigency

of the purpose for which the entry is made, to the social and
religious usages of the occupants of the land or building; or
(c) other than between 7 o’clock in the morning and 7 o’clock

in the evening.
(3) An authorized person making an entry under subsection (1)

shall carry on his person an authority card in the prescribed form; and
it shall not be unlawful for any person to refuse entry to an authorized
person or to any of his assistants or workmen if the authorized person
fails, when demanded, to produce his authority card.
Service of documents
46. (1) All documents required by this Act or the rules made
thereunder to be served on any person shall, except where otherwise
provided in this Act or the rules, be deemed to be duly served—
(a) where the document is to be served on a government

department, a railway, local, or statutory authority, or a
company, corporation, society, or other body, if the
document is addressed to the head of the government
department, the general manager of the railway authority,
or the secretary or any other principal officer of the local
authority, statutory authority, company, corporation,
society, or other body at the principal, branch, local, or
registered office, as the case may be, of the department,
authority, company, corporation, or other body, and is
either delivered or sent by registered post at or to such
office;
(b) where the document is to be served on a partnership, if the

document is addressed to the partnership at its usual place
of business, identifying it by the name or style under which
its business is carried on, and is either delivered or sent by
registered post at or to the said place of business;
(c) in any other case, if the document is addressed to the person

to be served and—
(i) is given or tendered to him;
(ii) is sent by registered post to him; or
(iii) if he cannot be served personally or by registered

post, is given or tendered to an adult member of
his family or is affixed on a conspicuous part of
his last known place of residence or business or of
the land or building to which the document
relates.
(2) A document that is required or authorized to be served on the

owner or occupier of any land or building may be addressed, without
any further name or description, to “the owner” or “the occupier”, as
the case may be, of the land or building, it being named or described,
and shall be deemed to be duly served if the document so addressed is
sent or delivered in accordance with paragraph (1)(c).
(3) If a document is served on a partnership in accordance with

paragraph (1)(b), the document shall be deemed to be served on each
partner.
(4) A document sent by registered post shall be deemed to be

served seven days after the date of registration.
Authentication of documents
47. (1) Every plan, map, planning permission, order, permit, or

notice prepared, issued, made, or served by the local planning authority
under, by virtue, or for the purposes, of this Act shall be sealed with
the seal of the local planning authority which shall be authenticated by
the signature of the chairman or president of the local planning
authority or of an authorized person.
(2) A certificate by the local planning authority certifying that a
document referred to in subsection (1) purporting to be prepared,
issued, made, or served by the local planning authority was so
prepared, issued, made, or served shall be conclusive evidence of the
fact so certified.
Documentary proof
48. (1) Every document referred to in section 47 and sealed in the

manner therein prescribed and every document in the form of a receipt,
application, record, or register issued, made, or maintained under, by
virtue, or for the purposes, of this Act shall be admissible as proof of
the contents thereof.
(2) A copy of any document referred to in subsection (1) or an

extract therefrom, if certified by the chairman or president of the local
planning authority, shall be admissible as evidence of the matters and

transactions therein expressed in any case where, and to the same
extent as, the original of the document would if produced have been so
admissible.
Privilege from production of documents and appearing as witness
49. A member, officer, servant, or agent of the local planning

authority shall not be required in any legal proceedings to which the
local planning authority is not a party, to produce any record, register,
or document the contents of which can be proved under
subsection 48(2) by a certified copy, or to appear as a witness to
prove the matters and transactions recorded in the record, register, or
document, except by order of the court made for special cause.
Prosecution
50. (1) An authorized person or any police officer not below the rank
of Inspector may conduct prosecutions for offences under this Act or
the rules made thereunder.
(2) The local planning authority may authorize in writing the

incurring of such expenses as may be necessary for prosecutions for
offences under this Act or the rules made thereunder.
Jurisdiction of courts
51. Notwithstanding the Subordinate Courts Act 1948 [Act 92], a

Magistrate of the First Class shall have jurisdiction to try any offence
under this Act or the rules made thereunder and to award the full
punishment authorized thereby.
Penalty for interference with marks
52. Any person who, without the authority of the local planning
authority, wilfully destroys, damages, defaces, moves or otherwise
interferes with any mark placed or set up for the purpose of indicating
any level or direction necessary for the carrying out of the purposes of
this Act commits an offence and on conviction—
(a) is liable to a fine not exceeding one thousand ringgit or to

imprisonment for a term not exceeding six months or to
both; and
(b) may, in addition to or in place of that penalty, be ordered to

pay to the local planning authority a sum, recoverable as a
fine, not exceeding three times the cost of repairing or re-
emplacing the mark and of making any survey rendered
necessary by the act in respect of which he is convicted.
Offences by body corporate
52A. Where an offence under this Act has been committed by a body
corporate, a person who at the time of the commission of the offence
is a director, manager, secretary or other similar officer of the body
corporate or a person who was purporting to act in such capacity shall,
as well as the body corporate, be deemed to be guilty of that offence
unless he proves that the offence was committed without his
knowledge or that he took reasonable precautions to prevent its
commission.
Public servants
53. Every member and agent of the local planning authority, every
authorized person, and every assistant or workman accompanying or
assisting an authorized person in the performance of his functions
under this Act shall be deemed to be public servants for the purposes
of the Penal Code.
Public Authorities Protection Act
54. The Public Authorities Protection Act 1948 [Act 198] shall apply
to any action, suit, prosecution, or proceeding against the local
planning authority and every member and agent thereof, every member
of the Appeal Board, every authorized person, and every assistant or
workman accompanying or assisting an authorized person in the
performance of his functions under this Act, in respect of any act,
neglect, or default done or committed by the authority, member,
person, assistant, or workman in his capacity as such.
Indemnity against claims in respect of damage or loss
55. If the local planning authority, in exercise of its powers under this
Act, does anything that a person is required to do under this Act but
fails or refuses to do, and in the course or as a result of doing that thing,
damage or loss is suffered by another person, and the damage or loss
is necessary and unavoidable and is not due to the negligence of the
local planning authority, then the person in default shall indemnify the
local planning authority against any claim that may be brought against
it in respect of the damage or loss.
Application of Act 119 to local inquiry or hearing
56. Sections 8, 9, 11, 12, 13, 14, 19, 21 and 22 of the Commissions of
Enquiry Act 1950 [Act 119] shall, with the necessary modifications
and to such extent as may be applicable, apply to a local inquiry or
hearing held under subsection 4(7) or 14(1) and to any person holding
the inquiry or hearing as if the inquiry or hearing and the person were
respectively an inquiry and a Commissioner under the Act.
Exemption from fees and charges
57. (1) All developments intended exclusively for religious,

educational, recreational, social, welfare, or charitable purposes and
not for pecuniary profit are exempted from the payment of all charges
and fees under this Act, other than the further fees payable under
subsections 27(7) and 28(7).
(2) The exemption under subsection (1) does not extend to

development charges.
Power to make rules
58. (1) The State Authority may make rules to carry out the purposes
of this Act.
*
(1A) The Council may make rules with respect to any of the matters
in this Act.
*(1B) If any rule made by the State Authority is inconsistent with a

rule made by the Council, the rule made by the Council shall prevail
over the rule made by the State Authority and the rule made by the
State Authority shall, to the extent of the inconsistency, be void.
(2) In particular, and without prejudice to the generality of

subsection (1), rules made under that subsection may provide for—
(a) the regulation of the development of land in accordance

with proper planning;
(b) the classes of use of land and buildings or parts thereof;
(c) the control of the density, floor area, plot ratio, plinth area,
and use of land and buildings;
(d) the regulation of the height, design, appearance, and siting

of buildings, and of the provision of car parks, set backs,
and open spaces;
(e) the control of means of access to lands and buildings;
(f) the protection of ancient monuments and lands and

buildings of historic or architectural interest;
(g) the details of the forms and contents of the structure plan
and local plan, the procedure to be followed in the
preparation, submission and approval thereof, the form and
*
NOTE—These subsections do not apply to the Sates of Kelantan and Terengganu–see Kn. P.U. 34/2003 and
Tr. G.N. 54/2003.
manner in which they shall be published, and the form of

the notices relating thereto;
(h) the qualifications of persons who may prepare or submit

plans, documents, particulars and layout plans for the
purposes of this Act;
(i) the form in which an application for planning permission

shall be made, the particulars to be furnished in, and the
plans, documents, particulars and layout plans to be
submitted with the application and its form and scale;
(j) the fees to be paid under this Act;
(k) the registration of applications and the form of, and

particulars to be contained in, the register;
(l) prescribing anything that may be, or is required to be,

prescribed under this Act.
(3) Where any rule made under paragraph (2)(h) does not include
a person who is entitled under any other written law to prepare and
submit plans, documents, particulars and layout plans relating to town
and country planning to any person or authority, the entitlement of
such person shall not be affected.
Repeal of existing planning laws
59. (1) In this section, “existing planning laws” means Part IX of the
Town Boards Enactment of the Federated Malay States, Part IX of the
Town Boards Enactment of the State of Johore, Part VIA of the
Municipal Enactment of the State of Kelantan, and Part IX of the Town
Boards Enactment of the State of Terengganu.
(2) Where, pursuant to section 1, this section is brought into

operation generally in the State, the existing planning laws in force in
the State shall be repealed.
(3) Where, pursuant to section 1, this section is brought into

operation in a local authority area or part thereof, the existing planning
laws in force in that area or part shall be repealed in their application
to that area or part.
(4) If, before the repeal of any existing planning law, there is a
conflict or inconsistency between any provisions of that law and this
Act, the provisions of this Act shall prevail.
(5) If any difficulty or anomaly arises in consequence of the repeal

of any existing planning law, the State Authority may by order make
provisions not inconsistent with this Act for the purpose of removing
or resolving the difficulty or anomaly.
(6) Notwithstanding the repeal of any existing planning law, any

planning permission, approval for development, or approval of a
building plan granted under that law in respect of any land, and any
instrument or document issued in accordance with that law, shall
continue to have force and effect and shall be deemed to have been
granted or issued under this Act until amended, modified, revoked, or
cancelled under this Act.
94
LAWS OF MALAYSIA
Act 172
APPENDIX
State State/District Provisions In force Authority

from
JOHORE Johore Pts. I to III 01-07-1981 J. P.U.

28/1984
Johore Pts. IV to IX 01-05-1985 J. P.U.

11/1986
Johore Bahru Pts. I to III 01-07-1981 J. P.U.

29/1984
Johore Bahru Pts. I to III 01-01-1983 J. P.U.

Tengah 30/1984
Pasir Gudang Pts. I to III 01-01-1983 J. P.U.

31/1984
Segamat Utara Pts. I to III 07-10-1982 J. P.U.

32/1984
Kluang Utara Pts. I to III 07-10-1982 J. P.U.

33/1984
Johore Bahru Pts. IV to IX 01-04-1987 J. P.U.

6/1987
Plentong Pts. IV to IX 01-04-1987 J. P.U.

7/1987
Pasir Gudang Pts. IV to IX 01-04-1987 J. P.U.

8/1987
Batu Pahat Pts. I to III 01-07-1987 J. P.U.

Timur 14/1987

from
Muar Utara Pts. I to III 01-07-1987 J. P.U.

15/1987
Segamat Pts. I to III 01-07-1987 J. P.U.

Selatan 16/1987
Pontian Pts. I to III 01-07-1987 J. P.U.

17/1987
Batu Pahat Pts. I to III 01-07-1987 J. P.U.

18/1987
Muar Pts. I to III 01-07-1987 J. P.U.

19/1987
Segamat Pts. I to III 01-07-1987 J. P.U.

20/1987
Kota Tinggi Pts. I to III 01-11-1995 J. P.U.

60/1996
Kluang Selatan Pts. IV to IX 08-07-1998 J. P.U.

50/1999
Muar Utara Pts. IV to IX 14-10-1998 J. P.U.

22/2000
Kota Tinggi Pts. IV to IX 31-01-2001 J. P.U.

32/2001
Mersing Pts. IV to IX 31-01-2001 J. P.U.

33/2001
KEDAH Kota Setar Pts. I to III 01-06-1982 K. P.U.

1/1982
Kedah Pts. IV to IX 01-01-1990 K. P.U.

414/1990
All Local Pts. I to IX 21-12-2000 K. P.U.

Authorities 7/2000

from
KELANTAN Kelantan Pts. I to III 01-03-1982 Kn. P.U.

(except 19/1987
subsection 01-11-2003 Kn. P.U.
5(2)) 34/2003)
Kelantan Pts. IV to IX 01-06-1988 Kn. P.U.

(except 2/1989
subsections 01-11-2003 Kn. P.U.
58(1A) and 34/2003)
(1B))
Kota Bharu Pts. I to III 01-03-1982 Kn. P.U.

and all District 1/1986
Councils in the
State of
Kelantan
Machang, Pasir Pts. I to III 15-09-1986 Kn. P.U.

Puteh and Tanah 24/1988
Merah
In the Jeli Pts. I to III 15-09-1986 Kn. P.U.

District and 25/1988
areas that do
not form
part of the areas
of Pasir Puteh,
Machang and
Tanah Merah
Kota Bharu Pts. IV to IX 01-06-1988 Kn. P.U.

3/1989
Outside the Pts. IV to IX 01-06-1988 Kn. P.U.

authority of 26/2002
Machang, Pasir
Puteh, Tanah
Merah and Jeli

from
In and outside Pts. I to IX 01-06-1988 Kn. P.U.

the District 27/2002
Councils of
Kota Bharu,
Bachok,Pasir
Mas, Tumpat,
Gua Musang,
Kuala Krai,
(MDKK(U))
and (MDKK(S))
MALACCA Malacca Pts. I to III 01-07-1985 M. G.N.

498/1985
Malacca Pts. IV to IX 01-03-1994 M. P.U.

27/1994
Central Pts. I to IX 01-07-1978 M. G.N.

Malacca 161/1978
NEGERI Negeri Pts. I to III 01-03-1979 N.S. P.U.

SEMBILAN Sembilan 357/1986
Seremban Pts. I to III 01-05-1979 N.S. P.U.

132/1979
Port Dickson Pts. I to III 01-01-1980 N.S. P.U.

19/1979
Kuala Pilah Pts. I to III 01-07-1980 N.S. P.U.

335/1980
Rembau Pts. I to III 01-07-1980 N.S. P.U

336/1980
Tampin Pts. I to III 01-07-1980 N.S. P.U.

317/1980
Jempol Pts. I to III 01-08-1980 N.S. P.U.

14/1980
Jelebu Pts. I to III 01-08-1980 N.S. P.U.

15/1980

from
All Local Pts. IV to IX 01-10-1996 N.S. G.N.

Authority 792/1996
Areas
PAHANG Pahang Pts. I and II 01-07-1983 Phg. G.N.

357/1984
Pahang Pts. I to III 08-06-1995 Phg. G.N.

723/1995
Pahang Pts. IV to IX 01-09-1995 Phg. G.N.

724/1995
Kuantan Pt. III 01-07-1983 Phg. G.N.

358/1984
Raub Pt. III 01-07-1983 Phg. G.N.

359/1984
Temerloh Pt. III 01-07-1983 Phg. G.N.

360/1984
Jerantut Pt. III 01-07-1983 Phg. G.N.

361/1984
Lipis Pt. III 01-07-1983 Phg. G.N.

362/1984
Bentong Pt. III 01-07-1983 Phg. G.N.

363/1984
Cameron Pt. III 01-07-1983 Phg. G.N.

Highlands 364/1984
PENANG Penang Pts. I to IX 01-01-1985 Pg. P.U.

30/1984
PERAK Perak Pts. I to III 01-09-1989 Pk. P.U.

35/1989
Perak Pts. IV to IX 01-07-1991 Pk. P.U.

18/1991
Kinta Barat Pts. I to III 01-09-1979 Pk. P.U.

42/1979

from
Taiping Pts. I to III 01-09-1979 Pk. P.U.

43/1979
Krian Pts. I to III 01-09-1979 Pk. P.U.

48/1979
Grik Pts. I to III 01-12-1979 Pk. P.U.

66/1979
Kroh Pts. I to III 01-12-1979 Pk. P.U.

69/1979
Lenggong Pts. I to III 01-12-1979 Pk. P.U.

72/1979
Selama Pts. I to III 01-12-1979 Pk. P.U.

75/1979
Perak Tengah Pts. I to III 01-12-1979 Pk. P.U.

78/1979
Kinta Selatan Pts. I to III 01-12-1979 Pk. P.U.

81/1979
Tanjong Malim Pts. I to III 01-12-1979 Pk. P.U.

84/1979
Hilir Perak Pts. I to III 01-12-1979 Pk. P.U.

87/1979
Tapah Pts. I to III 01-12-1979 Pk. P.U.

90/1979
Ipoh, Pts. IV to IX 01-07-1991 Pk. P.U.

Pengkalan 19/1991
Hulu and
Gerik
PERLIS Perlis Pts. I to III 01-01-1984 Ps. P.U.

6/1983
Perlis Pts. IV to IX 29-01-1992 Ps. P.U.

7/1992

from
SELANGOR Selangor Pts. I and II 01-12-1978 Sel. P.U.

21/1978
Selangor Pt. III 01-01-1984 Sel. P.U.

25/1986
Selangor Pts. IV to IX 01-05-1996 Sel. P.U.

21/1996
Kawasan Pts. IV to IX 01-05-1996 Sel. P.U.

Perbadanan (except s. 36-37) 33/1996
Putrajaya
TERENGGANU Terengganu Pts. I to III 01-01-1980 Tr. P.U.

(except 40/1986
subsection 01-02-2003 Tr. G.N.
5(2)) 54/2003)
Terengganu Pts. IV to IX 01-01-1987 Tr. P.U.

(except 1/1987
subsections 01-02-2003 Tr. G.N.
22(2A) and 54/2003)
(2B) and
Subsections
58(1A) and
(1B)
Kuala Pts. I to III 01-01-1980 Tr. P.U.

Terengganu 2/1980
The area Pts. I to III 01-01-1980 Tr. P.U.

marked grey 9/1980
on Plan No.
PW 182
deposited in
the office of
Director of
Survey,
Terengganu
Besut, Pts. I to III 01-01-1985 Tr. G.N.

Kemaman, 1/1985
Dungun,
Hulu Terengganu
and Marang
101
LAWS OF MALAYSIA
Act 172

LIST OF AMENDMENTS
Amending law Short title In force from
Act A866 Town and Country Planning 01-03-1994

(Amendment) Act 1993
Act A933 Town and Country Planning 01-05-1996 for

(Amendment) Act 1995 Selangor
(see Sel. P.U. 20/1996)
01-06-1996 for Johore

(see J. P.U. 8/1997)
01-10-1996 for Negeri Sembilan

(see N.S. G.N 791/1996)
11-10-1996 for Perlis

(see Ps. P.U. 7/1996)
01-12-1996 for Terengganu

(see Tr. G.N. 1485/1996)
01-01-1997 for Pahang

(see Phg. G.N. No. 1198/1996)
01-04-1997 for Penang

(see Pg. P.U. 2/1997)
24-04-1997 for Perak

(see Pk. G.N. 384/1997)
18-06-1998 for Kelantan

(see Kn. P.U. 9/1998)
23-10-1998 for Kedah

(see K.P.U. 16/1998)
15-04-2005 for Malacca

(see M.P.U. 7/2005)
Act A1129 Town and Country Planning 28-09-2001 for Peninsular

(Amendment) Act 2001 Malaysia only for ss. 2, 3,
4 and 5

(see M.P.U. 3/2002)
01-03-2002 for Federal Territory

of Kuala Lumpur
(see P.U. (B) 60/2002)
01-03-2002 for Selangor

(see Sel. P.U. 23/2002)

(see Phg. G.N. No. 234/2002)

(see N.S. G.N. 312/2002)

(see K. P.U. 11/2002)

(see Pg. G.N. 259/2002)

(see Pk. G.N. 853/2002)

(see J.P.U. 45/2002)

(see Ps. G.N. 5/2003)
01-02-2003 for Terengganu—

ss. 2 to 8, 9(b), 10, 11 in so far as
it relates to the introduction of
new s. 6B in the Town and
Country Planning Act 1976;
ss.12 to 24; paragraph 25(a) and
25(c); ss. 26 to 36 and 38
(see Tr. G.N. 54/2003)
01-11-2003 for Kelantan except

paragraph 9(a) and s. 37
(see Kn. P.U. 34/2003)
P.U.(B) 45/2009 Corrigendum 01-10-2007

[P.U.(B) 338/2007] In the
Federal Territory of Putrajaya
05-02-2009
P.U.(A) 442/2010 Federal Territory of Labuan 01-01-2011

(Extension and Modification
of Town and Country Planning
Act 1976) Order 2010
Act A1313 Town and Country Planning 1 September 2011

(Amendment) Act 2007 [P.U.(B) 493/2011] In the
Federal Territory of Kuala
Lumpur and in the Federal
Territory of Putrajaya
_______________
104
LAWS OF MALAYSIA
Act 172
LIST OF SECTIONS AMENDED
Section Amending authority In force from
Long title Act A1129 28-09-2001
Preamble Act A1129 28-09-2001
Enacting clause Act A1129 28-09-2001
1 Act A1129 28-09-2001
2 Act A933 01-05-1996 for Selangor
Act A1129 25-02-2002 for Malacca
01-03-2002 for Federal Territory of

Kuala Lumpur
2A Act A1129 25-02-2002 for Malacca

Kuala Lumpur

2B Act A1129 25-02-2002 for Malacca

Kuala Lumpur

01-03-2002 for Federal

Territory of Kuala Lumpur
5 Act A1129 25-02-2002 for Malacca

of Kuala Lumpur

5(3) Act A1129 01-02-2003 for Terengganu

of Kuala Lumpur

of Kuala Lumpur


of Kuala Lumpur

of Kuala Lumpur


of Kuala Lumpur


of Kuala Lumpur

of Kuala Lumpur


of Kuala Lumpur

of Kuala Lumpur

of Kuala Lumpur

of Kuala Lumpur


of Kuala Lumpur


of Kuala Lumpur

of Kuala Lumpur


of Kuala Lumpur


of Kuala Lumpur
21A Act A933 01-05-1996 for Selangor


of Kuala Lumpur
21B Act A933 01-05-1996 for Selangor

21C Act A933 01-05-1996 for Selangor
22 Act A866 01-03-1994
Act A933 01-05-1996 for Selangor


of Kuala Lumpur
Act A1313 01-09-2011 [P.U.(B) 493/2011]

In the Federal Territory of Kuala
Lumpur and in the Federal
Territory of Putrajaya
22(2)(aa) Act A1129 01-02-2003 for Terengganu
22(4) Act A1129 01-02-2003 for Terengganu


Kuala Lumpur


Kuala Lumpur


Kuala Lumpur


Kuala Lumpur


Kuala Lumpur

Kuala Lumpur

Kuala Lumpur
35B Act A933 01-05-1996 for Selangor
35C Act A933 01-05-1996 for Selangor

35D Act A933 01-05-1996 for Selangor
35E Act A933 01-05-1996 for Selangor


Kuala Lumpur
35F Act A933 01-05-1996 for Selangor

35G Act A933 01-05-1996 for Selangor
35H Act A933 01-05-1996 for Selangor


Kuala Lumpur


Kuala Lumpur

Kuala Lumpur



of Kuala Lumpur

(except ss. 58(1A) and (1B))

(except ss. 58(1A) and (1B))
_________________

Act 172 - Town & Country Planning Act 1976

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LAWS OF MALAYSIA

ONLINE VERSION OF UPDATED

TOWN AND COUNTRY

TOWN AND COUNTRY PLANNING ACT 1974

Date of Royal Assent … … … 18 March 1976

Date of publication in the Gazette … … 25 March 1976

Latest amendment made

First Reprint … … … … … 1998

Second Reprint … … … … … 2001

Third Reprint … … … … … 2005

Fourth Reprint … … … … … 2006

TOWN AND COUNTRY PLANNING ACT 1976

1. Short title, application and commencement

POLICY AND ADMINISTRATION

2A. National Physical Planning Council

REGIONAL PLANNING COMMITTEE

6A. Regional planning committee

NATIONAL PHYSICAL PLAN

6B. National physical plan

7. Survey of planning areas

18. Use of land and buildings

21A. Development proposal report

32. Development charge and liability thereto

TREE PRESERVATION ORDER

35A. Tree preservation order

35E. Replacement of trees

THE APPEAL BOARD

36. The Appeal Board

PURCHASE NOTICE AND ACQUISITION OF LAND

37. Notice requiring purchase of land in certain cases

38. Declaration of development areas

45. Power of entry

47. Authentication of documents

TOWN AND COUNTRY PLANNING ACT 1974

WHEREAS it is expedient for the purpose of ensuring uniformity of law

AND WHEREAS it is also expedient that provisions be made to confer

NOW, THEREFORE, pursuant to Clause (1) of Article 74, Clause (4) of

Short title, application and commencement

2. (1) In this Act, unless the context otherwise requires—

“agriculture” includes horticulture, farming, the growing of crops,

“amenities” means such quality or condition of a place or area as

“Appeal Board” means the Appeal Board constituted under

“authorized person”, in relation to any provision, means a person

“building” includes any house, hut, shed, or roofed enclosure,

“building operation” means the demolition, erection, re-erection, or

(a) any increasing of the height or floor area of a building;

(b) the roofing or re-roofing of a building or part thereof;

(c) any addition to or alteration of a building that affects or is

(d) any addition to or alteration of a building, whether done

(e) any addition to or alteration of a building that materially

(f) any other operation normally undertaken by a person

“Committee” means the State Planning Committee established under

“Council” means the National Physical Planning Council established

“density” means the intensity of use of land reckoned or expressed

purpose of this definition, “habitable room” does not include a kitchen,

“development” means the carrying out of any building, engineering,

“development area” means a development area declared under

“development charge” means the development charge referred to in

“development plan”, in relation to an area, means—

(a) the local plan for the area; or