Malaysia legislation
Section 25
Section 25
(2)
An order revoking a development order or 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
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required to demolish any building erected pursuant to the permission or approval and the maximum amount that the Commissioner is prepared to reimburse the person in respect of costs incurred by him in carrying out the demolition.
(3)
If, within the period stated in the revocation order or such longer period as the Commissioner may allow, demolition has not been carried out or completed, the Commissioner may himself and at his own expense carry out or complete the demolition.
(4)
If demolition has been completed by the person to whom the development order or planning permission or approval of the building plan was issued, the Commissioner 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.
(5)
If demolition has been partially carried out by the person to whom the development order or planning permission or approval of the building plan was issued but completed by the Commissioner, the
Commissioner shall assess the amount that the demolition would have cost had it been carried out entirely by the Commissioner and determine the amount of the costs actually and reasonably incurred by the
Commissioner 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 Commissioner be bound to pay any amount beyond the amount stated in the revocation order.
(6)
If a development order or a planning permission or an approval of a building plan is revoked under subsection (1) and the person to whom such order, permission or approval was issued claims from the
Commissioner 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 Commissioner shall, after giving the person a reasonable opportunity to be heard, offer such compensation to him as
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the Commissioner thinks adequate.
(7)
Where a development order or a planning permission or an approval of a building plan is modified under subsection (1), the
Commissioner shall reimburse the person to whom such order, permission or approval was issued 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.
(8)
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.
Offences relating to unauthorized development