Malaysia legislation
Section 25
Section 25
(1)
No compensation shall be payable in respect of any building –
(a)
the erection of which was begun after the material date unless such erection was begun under and in accordance with permission from the
Local Authority; or
(b)
which at the material date was in a dangerous, ruinous, dilapidated, unsafe, unsightly or insanitary condition.
(2)
No compensation shall be payable in respect of any of the following provisions in an approved scheme, namely, any provision which –
(a)
prescribes the location of buildings, the extent of the yards, gardens, and curtilage of buildings; or
(b)
imposes any sanitary conditions in connection with buildings; or
(c)
limits the number of buildings or the number of buildings of a specified class which may be constructed, erected on, or made in or under any area; or
(d)
prohibits or regulates the subdivision of land; or
(e)
regulates or empowers the Local Authority to regulate the size, height, spacing, design, colour and materials of buildings; or
(f)
controls, restricts or prohibits the objects which may be affixed to buildings; or
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(g)
prohibits or restricts building operations only pending the coming into operation of an approved scheme; or
(h)
prohibits or restricts building operations permanently, on the ground that by reason of the situation or nature of the land the erection of buildings thereon would be likely to involve danger or injury to health, excessive expenditure of public money in the provision of roads, sewers, water supply, or other public services; or
(i)
prohibits (otherwise than by way of prohibition of building operations) the use of land for a purpose likely to involve danger or injury to health, or detriment to the neighbourhood, or restricts (otherwise than by way of restriction of building operations) the use of land so far as may be necessary for preventing such danger, injury or detriment; or
(j)
restricts the purposes for and the manner in which buildings may be used or occupied; or reserves or allocates any particular land or all land in any particular area for buildings of a specified class or classes; or
(k)
in the interests of safety, regulates or empowers the Local Authority to regulate the height and position of proposed walls, fences or hedges near the corners or bends of roads; or
(l)
limits the number or prescribes the sites of new roads entering a road or the site of a proposed road; or
(m)
in the case of land which at no time within the period of two years, immediately preceding the material date, was, or formed part of the site of a building, fixes in relation to any road a line beyond which no building in that road or proposed road may project; or
(n)
in the case of the erection of any building intended to be used for purposes of business or industry, requires the provision of accommodation for parking, loading, unloading, or fuelling vehicles, with a view to preventing obstruction of traffic on any road; or
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(o)
prohibits, restricts or controls, either generally or in particular places, the exhibition, whether on the ground, on any building or any temporary erection, or any vehicle, boat, or other movable object (whether on land or on or in water or in the air), of all or any particular forms of advertisements or other public notices; or
(p)
prevents, remedies or removes injury to amenities arising from the ruinous or neglected condition of any building or by the objectionable or neglected condition of any land attached to a building or abutting on a road or situate in a residential area; or
(q)
prescribes, in the case of land exceeding one acre in extent reserved for the purpose of being developed as a building area, that a proportion of the land (not less than ten per centum thereof) be set aside for open spaces in addition to the area required for roads.
(3)
Nothing contained in subsection (2) shall preclude an owner from claiming compensation for loss or injury arising from –
(a)
being prevented by the operation of this Ordinance from maintaining a permanent building which was in existence on the material date, or from continuing to use any such building for the purpose for which it was used on the material date; or
(b)
where a permanent building which was in existence at any time within two years immediately before the material date has been demolished or been destroyed by fire or otherwise, being prevented by the operation of this
Ordinance from erecting, within two years after such demolition or destruction on the site of such demolished or destroyed building a new building which substantially replaces such demolished or destroyed building or from using such new building for the purpose for which such demolished or destroyed building was last used.
Exclusion or limitation of compensation in certain other cases.