Section 2

any increase in height or floor space of a building;

any addition to or alteration of a building that affects or is likely to affect its drainage or sanitary arrangements or its soundness;

any addition to or alteration of a building, whether done before or after completion of the building, that departs in any particular from any plan or specification approved at any time by any authority empowered under any written law to approve the plan or specification in respect of that building;

any addition to or alteration of a building that materially affects or is likely to materially affect the building in any manner; and

any other operation normally undertaken by a person carrying on the business of building construction;

―commerce‖ means carrying on any trade, business or profession and includes the supply or offer to supply goods or services, the storage, or exchange of goods of any type whatsoever for purpose of trade, business or profession, the running of private hospitals, nursing homes, infirmaries, sanatorium, educational institutions, boarding houses and the establishment of offices;

―commercial use‖ means the use of any land or building or part thereof for purposes of commerce;

―Commissioner‖ means the Commissioner appointed under the

Federal Capital Act 1960 [Act 190];

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―Comprehensive Development Plan‖ means the comprehensive development plan referred to as plans Nos.: 1039, 1040 and 1041 in the *City of Kuala Lumpur (Planning) Act 1973 [Act 107];

―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;

―development‖ means the carrying out of any building, engineering, mining, industrial, or other similar operation in, on, over, or under land, and includes any change in the use of any land or building or any part thereof, or the subdivision or amalgamation of lands;

―development area‖ means a part or the whole of an action area which is to be acquired in accordance with section 47;

―development charge‖ means the development charge levied under section 40;

―development order‖ means the development order issued under this Act granting planning permission with or without conditions for any development specified in such order;

―development plan‖, in relation to an area means—

the local plan for the area; or

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;

―enforcement notice‖ means an enforcement notice served pursuant to section 27;

*NOTE—The City of Kuala Lumpur (Planning) Act 1973 [Act 107] has since been repealed by the

Federal Territory (Planning) Act 1982 [Act 267]–see subsection 65(1) of Act 267.

Federal Territory (Planning) 11

―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 sewerage or drainage;

―Federal Territory‖ means the area as shown in the deposited plan identified by reference to Gazette Plan No. 383;

―floor area‖ means the total area of floor space within a building measured between the external sides of walls or in the case of party walls, between the centre of the party walls;

―industry‖ includes the carrying out of any manufacturing, fabricating, repairing, assembling or processing of agricultural produce or finishing process;

―industrial use‖ includes the use of any land or building or part thereof for purposes of industry;

―land‖ includes—

the surface, and all substances forming the surface, of the earth;

all substances below the surface of the earth;

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;

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;

land covered by water; and

any estate or interest in, or right over, land;

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―local plan‖, in relation to an area, means the local plan as prepared under section 13;

―occupier‖, in relation to any land or building, includes—

a tenant of the land or building;

an owner of the land or building occupying or otherwise using the land or building;

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, sport and recreation ground or pleasure ground or walk, or as a public place;

―owner‖, in relation to any land or building, means—

the registered proprietor of the land;

the registered lessee of a lease including a registered sub-lessee;

the agent or trustee of any of the persons described in paragraphs (a) and (b) if in the opinion of the Commissioner that any of such persons cannot be traced;

the legal personal representative of any of the persons described in paragraphs (a) and (b) if any of such persons is dead;

the person who for the time being is receiving the rent of the premises in connection with which the word is used whether on his own account or as agent or trustee for any other person or as a receiver or who would receive the

Federal Territory (Planning) 13

same if such premises were let to a tenant;

―planning permission‖ means permission granted with or without condition in a development order to carry out any development specified in such order;

―plinth area‖ means the proportion of the area of any lot to be covered by building;

―plot ratio‖ means the ratio between the total floor area of a building and the area of the building plot;

―public place‖ includes any place, building or road which is open to the use and enjoyment of the public or where the public have or are permitted to have access whether on payment or otherwise;

―purchase notice‖ means a purchase notice referred to in section 46;

―requisition notice‖ means a requisition notice referred to in section 30;

―residence‖ means the use for human habitation of any land or building or part thereof including gardens, grounds, garages, stables, and out-houses, appertaining to such building;

―road‖ means any road whether public or private and includes any street, square, court, alley, lane, bridge, footway, track, bridle path, passage, or highway, whether thoroughfare or not over which the public has a right of way;

―structure plan‖, in relation to an area, means a written statement accompanied by diagrams, illustrations and other descriptive matter containing policies and proposals in respect of the development and use of land in the area and may indicate action area; and ―draft structure plan‖ shall be construed as the text requires;

―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

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to be employed in the construction or erection of a building on the land, or as a site for temporary building for the accommodation of workers involved in the construction or erection of the building;

―utility‖ includes roads, water and electricity supplies, telephone services, street lighting, sewerage, drainage, public works, and other similar public services and conveniences.

For the avoidance of doubt in construing the scope of any change in the use of land for purposes of this Act, it is decided that—

For the avoidance of doubt in construing the scope of any change in the use of building for purposes of this Act, it is declared that—