Town and Country Planning Act 1976 · Updated to 1 Jun 2021 · Part IV · Planning Control
28. Enforcement in the case of contravention of section 20
Feedback & supportThis 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 20.
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—
planning permission
“planning permission” means permission granted, with or without condition, to carry out development;
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
*NOTE—Previously “fifty thousand ringgit”– see the Town and Country Planning (Amendment) Act 1995 [Act A933].
**NOTE—Previously “one thousand ringgit”–see Act A933.
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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;
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 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.
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 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.
owner
“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; Town and Country Planning 15 (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;
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.
development
“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
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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.
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.
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.
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, 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.
occupier
“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;
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
*NOTE—Previously “fifty thousand ringgit”–see the Town and Country Planning (Amendment) Act 1995
**NOTE—Previously “one thousand ringgit”– see Act A933.
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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.
No occupier of any land to which a notice under subsection (2)
land
“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;
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.
In this section, “development” includes any part or feature of a development.