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pp9309/12/2008(020070)
Selangor Revises
Introduction
Guidelines for Development of Gated Community Scheme under Section 6 (1A) Strata Titles Act 1985 (Act 318)
Gated Community as defined by the Selangor Housing and Property Board is a development that is demarcated with a physical structure that runs along the perimeter or boundary with controlled access to the general public.
Guidelines for Development of Guarded Concept (Guard House) Not Under Act 318
The Selangor Housing and Property Board in its Guidelines for Development of Gated Community Scheme (Guarded and Gated Community) defines Guarded as an enclave that is provided with security services with or without a guard house and has no physical barriers. The pre-requisites for development of Guarded Concept in Selangor are as summarized in the table below. requirement 1. Application for development detail Application to be made by residents association and developer (for new development) Existing housing scheme requires consent from at least 85% of the residents Only guard house allowed The size allowed is 6ft x 8ft or other sizes deemed suitable by the Local Authority The guard house should not obstruct traffic and is to be constructed on road shoulder Written approval from the PTD/Local Authority is needed Operation time allowed is from 12.00 pm to 6.00 am Should not block vehicles from entering that particular area Authorities have the right to enter at any time Perimeter fencing is strictly prohibited
1. Application
Applicants must state clearly that the planning approval applications are for gated community developments under Section 6 (1A) Strata Title Act 1985 (Act 318).
2. Size of Development
type of housing Detached/ Semi-Detached/ Cluster Terrace Mixed Housing Town House number of unit land area
3 acres (min) 20 acres (max) 3 acres (min) 10 acres (max) 3 acres (min) 10 acres (max) 3 acres (min) 10 acres (max)
3. Public Amenities
Developers must indicate GACOS parcels and public amenities (to be surrendered to the government) in each layout plan and precomputation plan. PBT, however, has the right to determine the size of development depending on circumstances. For 1 GACOS Parcel, the provision of playground/vacant area is 10% while the minimum area required for a community hall is 2,000 sq ft. Development exceeding 1 GACOS Parcel must provide integrated public amenities to be located outside of GACOS.
2. Guard house
3. Barrier
Parcel 1 (3 20 acres) Public Amenities: Mosque, School, Football field outside the Gated Area Parcel 3 (3 20 acres)
Parcel 2 (3 20 acres)
4. Fencing
Parcel 4 (3 20 acres)
continued on page 5
| editorial / conference
Gated Communities
Boon or Bane?
contents
cover story
> Selangor Revises GACOS Development Guidelines 1&5 2
editorial
> Gated Communities Boon or Bane?
there has been some division in opinion amongst various quarters over the issue of gated and
guarded housing. Proponents for the concept argue that this is not only an innovative approach to residential development, but is also an idea borne out of necessity, given the high rate of crime, house break-ins especially, in our country. More and more house buyers are looking for peace of mind and insulation from unsolicited criminal elements. The necessity to protect themselves from criminal intrusion has prompted many residents to organize themselves to set up security patrols and barriers within their own neighborhoods, even though the legality of taking such action may come into question. It is not difficult to understand why gated and guarded housing projects are gaining popularity amongst Malaysian house buyers. Other quarters, however, have argued that gated and guarded residential communities should not be encouraged because they create elitism and separation. Their argument against this approach is that given our multi-ethnic and multi racial diversity, separating our communities by barricading them behind guarded enclaves would not help the cause or process of integration and social acceptance in our country. They view gated and guarded communities as a regressive move that will drive social divides even deeper. Both schools of thought have their merits and shortcomings. But with the reality of rising crime rates in urban townships and inadequate measures and resources provided by the authorities to deal with these literally life and death issues, proponents of gated and guarded housing can be excused for choosing practical solutions to protect their lives and property. Thus, developers will respond to house buyers preferences and build according to their needs, which in turn may catalyze the need for regulatory and legislative changes to be made to accommodate new ideas and innovations. At federal level, the Ministry of Natural Resources and Environment was very responsive to the changing needs of urban communities and amended the Strata Titles Act 1985 to cater for the emergence of gated and guarded communities in the country. However, some planners have been reported to be against the idea of gated housing for fear of breeding elite communities behind physical barriers. It would be interesting to see whether the respective state approving authorities will say aye or nay to gated and guarded housing schemes.n
conference
> REHDA Extraordinary Delegates Conference (EDC) 2
law insight
> Penal Sanctions for Not Completing Transfer of Ownership of Strata Titles 4
rehda institute
> Briefing on Housing Development (Control & Licensing)(Amendment) Act 2007 and Its Regulations 6 6
event
> REHDA Open House 2008
branch news
> Selangor Branch p MAPEX Klang 2008 6 7
rehda diary
> February 2008
editorial committee
chairman
Dato Michael KC Yam
members
Datuk Eddy Chen Ms Ng Kuai Heng Cik Rusnani Abd Rahman Cik Aslinda Mohd Noor
producer
Trix Sdn Bhd (267962-p) 77c, Jalan SS22/23, Damansara Jaya 47400 Petaling Jaya, Selangor Darul Ehsan Tel: 03-7729 5066 Fax: 03-7729 5077
printer
Pencetak Weng Fatt Sdn Bhd (19847-w) Lot 6, Lorong Kilang A, Off Jalan Kilang 46050 Petaling Jaya, Selangor Darul Ehsan Tel: 03-7783 9231 Fax: 03-7783 9250
| law insight
New Act
Nowadays the situation may not be so bad, as with the coming into force of the new Building and Common Property (Maintenance and Management) Act 2007 (Act 663), the building and common property will be managed and maintained by a Joint Management Body (comprising the developer and all purchasers) until the council of the management corporation has been elected at its first annual general meeting. Act 663 has given purchasers an earlier opportunity to maintain and manage their common property.
Act 318 applies to all kinds of properties, whether housing accommodation or not. In respect of housing accommodation, even before the new section 40A of Act 318, there were already statutory provisions that govern the execution, completion and registration of the transfer of strata titles and provide penal sanctions for contravention. Regulation 11A (3) of the Housing Development (Control and Licensing) Regulations 1989 (the 1989 Regulations) specifically states that, a housing developer shall execute the instrument of transfer within 21 days from the date the strata title is issued and received by the housing developer from the appropriate authority, and thereafter forward the same to the purchaser who shall execute the instrument of transfer within 21 days from the receipt of the same from the housing developer. Any person who contravenes any of the provisions of the 1989 Regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding rm5,000 or to a term of imprisonment not exceeding three years or to both. Further, any person who knowingly and willfully aids, abets, counsels, procures or commands the commission of an offence against any provisions of the 1989 Regulations shall be liable to be punished with a similar punishment. An interesting question that has yet to be answered, is whether a financier can be guilty of the offence in a case where the purchaser has failed to execute the instrument of transfer, and the financier willfully and knowingly refuses to execute the instrument of transfer on behalf of the purchaser under a power of attorney granted by the purchaser to the financier.n
Contributed by Andrew Wong First published in The Sun newspaper The writer is the Deputy Chairman of the Conveyancing Practice Committee, Bar Council, Malaysia www.malaysianbar.org.my Note: This column is brought to you by the Malaysian Bar Council for your information only. It does not constitute legal advice. You should, therefore, seek professional legal advice for your specific needs. Neither the Malaysian Bar nor REHDA Malaysia shall be liable to any reader who suffers losses as a result of relying on this column. Used with permission from Bar Council.
Liable to Fines
A new section 40A of the Strata Titles Act, 1985 (Act 318) provides for penal sanctions
cover story |
5. Building Setback
Minimum access road width is 40ft. Front building setback maybe waived subject to provision of centralized parking area.
6. Drainage/Irrigation System
Areas with rivers or streams in proposed plan are not allowed for GACOS development.
7. Parking Area
type of housing Bunglow/ Semi-Detached/ Cluster/Zero Lot Terrace/Town House Mixed Housing Type: Low Cost Low Medium Medium and High parking area 10% for visitor 10% for visitor 1:1 + 10% 1:1 + 10% 1:2 + 10%
10. Fencing/Wall
The maximum height allowed is 9ft with 33% opening/visibility from outside. Example 33% opening/visibility
8. Roads
The road hierarchy, as determined by the Local Council is standards as follows: 1. Main Road 2. Collector Road 3. Local Road The internal road size is 40 ft which comprises 24ft for vehicle passage, 8ft each for pedestrian (both ways) and drain and utilities (both ways). The road width according to development area is allocated as follows: width of road (ft) 4050 4050 5066 4050 5066 4050 100132 5066 4050 development area (acre) 15 510 1020 2050 33% opening/visibility 9 feet
Published with permission from Lembaga Perumahan dan Hartanah Selangor. Editors Note: REHDA Selangor is submitting feedback to further improve this guideline for consideration of the Selangor State Authority.
REHDA President, Mr Ng Seing Liong, JP (2nd from left) and REHDA EXCO Member, Dato Eddy Choong (1st from right) with some of the invited guests.
The Minister of Housing and Local Government, YB Dato Seri Ong Ka Ting, delivering his Keynote Address while together on the stage were Datuk Eddy Chen, Chairman, REHDA Institute Board of Trustee (left) and Mr Ng Seing Liong, JP, REHDA President.
diary |
February 2008
date
events
date events
Jabatan Perumahan Negara Mesyuarat Penyediaan Deraf Akhir Garis Panduan Di Bawah Akta Bangunan dan Harta Bersama 2007 (Akta 663). Attended by Mr Cheah Wing Choong and Pn Aslinda Mohd Noor. CIDB Mesyuarat Jawatankuasa Pembangunan Kontraktor No. 1/2008. Attended by En Wan Hashimi Albakri. MBAM Open House 2008. Attended by Mr Ng Seing Liong, JP. Taman Equine Open House 2008. Attended by Mr Ng Seing Liong, JP.
26
CIDB Working Group 6 (WG 6) Committee Meeting. Attended by Mr Tiah Oon Ling. Meeting to discuss the Production of REHDA Bulletin. Attended by Ms Ng Kuai Heng, Pn Rusnani Abdul Rahman, Ms Jessie Ting, Mr Soon Teck Giap, Ms Karen Seow and Pn Aslinda Mohd Noor. MHLG Mesyuarat bagi Membincangkan Pengeluaran Surat Pengesahan Status Projek Perumahan. Attended by Mr Ng Lip Chong and Pn Rusnani Abdul Rahman.
12 15
27
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Dinner hosted by Datuk Susan Wong Siew Guen, Honorary-Secretary of SHAREDA. Attended by Mr Ng Seing Liong, JP, Dato Jeffrey Ng Tiong Lip, Tn Hj Muztaza Mohamad and Ms Ng Kuai Heng. Meeting to discuss Malaysia Property Incorporated. Attended by Mr Ng Seing Liong, JP, Dato Jeffrey Ng Tiong Lip, Tn Hj Muztaza Mohamad and Ms Ng Kuai Heng. SPAN Pembekalan dan Penggunaan Barangan Serta Bahan dalam Perkhidmatan Bekalan Air dan Pembetungan. Attended by Mr Ng Lip Chong, Mr Ricque Liew Yin Chew, Mr Tiah Oon Ling and Ms Yee Chew Ping.
Clients Consultant Meeting (CCM). Attended by Dato Jeffrey Ng Tiong Lip, Mr Ricque Liew Yin Chew, Mr Tiah Toh Twin, Dato Chan Sau Lai, Ms Ng Kuai Heng and Mr Liew Kek Min. Building Materials Distributors Association Malaysia New Year Gathering. Attended by Mr Ng Seing Liong, JP.
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MITI Mesyuarat bagi Membincangan Isu Liberalisasi Lesen Import (AP) bagi Tower Cranes. Attended by Ms Yee Chew Ping. Meeting on Golf Tournament. Attended by Mr Anthony Cho Tian Han, Mr Vincent Khoo, Ms Jessie Ting, Ms Karen Seow and Ms Marina Sern. Meeting with China-Spore Suzhou Development Company (CSSD). Attended by Mr Ng Seing Liong, JP, Mr Tiah Toh Twin, Mr Ng Boon Chan, Mr Woo Chee Khoon, Ms Ng Kuai Heng, Ms Jessie Ting and Ms Marina Sern.
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Meeting on MAPEX. Attended by Mr Teh Boon Ghee, Ms Ng Kuai Heng, Ms Jessie Ting, Mr Soon Teck Giap and Ms Karen Seow. NPC Focus Group Meeting to Discuss the Revised Draft Guidelines on Registering Property. Attended by Mr Ricque Liew Yin Chew. MHLG Mesyuarat Membincangkan Special Purpose Vehicle (SPV) Sebagai Agen Pelaksana untuk Memulihkan Projek Perumahan Terbengkalai. Attended by Mr Ng Seing Liong, JP.
29
MITI Mesyuarat Berhubung Bekalan Steel Bar dan Simen di Pasaran Tempatan. Attended by Mr Ricque Liew Yin Chew.
25
SIRIM Technical Committee Meeting on Bricks & Blocks and Meeting of Working Group on Bricks & Blocks. Attended by Mr Tiah Toh Twin. AAPH Meeting. Attended by Datuk Eddy Chen Lok Loi, Mr Lawrence Chan Kek Tong, Mr T. Mahesan, Mr Lee Li Shan, Prof. Dato Zainuddin, Mr Yap Woon Yeow, Ms Ng Kuai Heng and Ms Karen Seow.