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Town and Country Planning Act 1976 · Updated to 1 Jun 2021 · Part IV · Planning Control

19. Prohibition of development without planning permission

(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

Town and Country Planning 43

(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;

(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

44 Laws of Malaysia ACT 172

material change for which no planning permission is necessary.

Terms defined in s 2

agriculture
Defined · s 2
“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
Open s 2
building
Defined · s 2
“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;
Open s 2
development
Defined · s 2
“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
Open s 2
floor area
Defined · s 2
“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;
Open s 2
land
Defined · s 2
“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;
Open s 2
local authority
Defined · s 2
“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;
Open s 2
local plan
Defined · s 2
“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
Open s 2
local planning authority
Defined · s 2
“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;
Open s 2
planning permission
Defined · s 2
“planning permission” means permission granted, with or without condition, to carry out development;
Open s 2
prescribe
Defined · s 2
“prescribe” means prescribe by rules;
Open s 2
road
Defined · s 2
“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;
Open s 2
use
Defined · s 2
“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;
Open s 2
utilities
Defined · s 2
“utilities” includes roads, water and electricity supplies, street lighting, sewerage, drainage, public works, and other similar public services and conveniences.
Open s 2

Report

Read on from s 20

Part V

Development Charge

Read on from Part V

Part VI

The Appeal Board

Read on from Part VI

Part VII

Purchase Notice and Acquisition of Land

Read on from Part VII

Part VIII

Development Areas

Read on from Part VIII

Part IX

Miscellaneous Provisions

Read on from Part IX