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

29. Enforcement in the case of development that is inconsistent with modified planning permission or approval of building plan

(1)

This section shall apply where it appears to the local planning authority that any development has been or is being undertaken or carried out after the planning permission or the approval of the building plan, as the case may be, in respect of the development has been modified pursuant to section 25 and the development so undertaken or carried out is inconsistent with the modified permission or approval.

(2)

If the local planning authority is satisfied that any part, aspect, or feature of the development that is inconsistent with the modified planning permission or approval of building plan is capable of being modified, added to, or demolished so as to bring about consistency with the modified permission or approval, then the local planning authority shall—

(a)

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

**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 to bring about consistency with the modified permission or approval;

(b)

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 them—

(i)

to discontinue all activities forthwith, except those activities that are necessary for complying with the requirements of the local planning authority under subparagraph (ii) and such other activities as may be specified by the local planning authority, until the local planning authority is satisfied that those requirements have been complied with; and

(ii)

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 to bring about consistency with the modified permission or approval.

(3)

If the local planning authority is not satisfied as provided in subsection (2), then the local planning authority shall serve on the owner of the land and, if the development has not been completed, on 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 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 land be restored as far as possible to the condition it was in before the development was commenced.

(4)

Subject to subsection (5), any person who fails to comply with any requirement of a notice under paragraph (2)(a),

66 Laws of Malaysia ACT 172

subparagraph (2)(b)(ii), or subsection (3) within the period allowed 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 failure is continued after the first conviction for the offence.

(5)

No occupier of any land to which a notice under paragraph (2)(a)

relates, who is not also the owner of the land, shall be liable to be convicted for an offence under subsection (4) 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.

(6)

Any person who continues to carry out any activity after being required to discontinue it by a notice served on him under subparagraph (2)(b)(i) 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 activity is so continued after the first conviction for the offence.

Terms defined in 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
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 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
occupier
Defined · s 2
“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;
Open s 2
owner
Defined · s 2
“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;
Open s 2
plan
Defined · s 2
“plan” includes reports, drawings, maps and models;
Open s 2
planning permission
Defined · s 2
“planning permission” means permission granted, with or without condition, to carry out development;
Open s 2

Report

Read on from s 30

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