|
|
Land Matters
by Prof Salleh Buang |
Obtaining strata titles: a
developer's duty
- NST 15/11/1998 |
National Spatial Plan good omen
for next millennium - NST 04/12/1999 - THE recent announcement
by Prof Datuk Zainuddin Muhammad that a National Spatial Plan (NSP) is
"being prepared" by the Town and Country Planning Department, Survey and
Mapping Department, Land and Mines Department and the Agriculture Ministry
is welcomed as a good "omen" to greet the next millennium. Zainuddin, who
is the Town and Country Planning Department (TCPD) director-general, said
the NSP (which is expected to take two years to complete), would
effectively identify "every square inch of land" in this country. |
Urgent need to revamp the
Housing Developers Act -
NST 11/12/1999
- THE Housing Developers Act 1966 which is more than 30 years old
is in need of a total revamp, judging from the number of calls by the
public and local leaders. Penang Chief Minister Tan Sri Dr Koh Su Koon is
among the leaders who want the Act to be revamped as early as possible. |
Land Code should be updated for
the new millennium - NST 18/12/1999- The National Land Code 1965
came into force on Jan 1, 1966, and will be 34 years old as we enter the
new millennium. Although it has been amended over a dozen times, only on
two occasions have the changes been dramatic. The NLC, applies only to
Peninsular Malaysia with Sabah and Sarawak still retaining their own Land
Codes. |
What makes buyers unhappy
with legal provision in S&P -
NST 25/12/1999 - WHEN a
Malaysian buys a house or an apartment from a licensed housing developer,
the sale and purchase agreement that the parties are obliged to sign is
not open to negotiation. The SPA contains standard terms and conditions
determined by law - in this case, by the Housing Developers (Control and
Licensing) Regulations 1989. |
Common elements that help create
a truly liveable city - NST 15/01/2000 - MANY cities in
Europe, North America, Asia and Australia have been touted as being truly
"liveable". But after looking at the common elements that are said to be
the pre-requisites of a truly liveable city, I am not sure whether any of
our Malaysian cities make the grade. |
Of developers, law enforcement
and social obligations - NST 22/01/2000 - ABOUT a decade ago, a
developer applied for planning permission for a massive mixed development
project in Penang. Upon receiving the application, the Penang Island
Municipal Council referred the matter to several agencies for their views
and comments. |
Consider lease-purchase system
for low-cost homes - NST 29/01/2000 - TO say that we should
all be a little concerned about the future of low- cost housing is putting
it mildly. We should all be worried and anxious as to what the future has
in store for the average low-wage Malaysian still searching for a roof
over his head. |
What if stakeholder decides to
abscond? - NST 05/02/2000 - SO, you're in the process of
buying a house. After months of house- hunting, you finally find one you
like, and reach an agreement with the vendor on the price and payment
terms. You and the vendor also agree to appoint a solicitor - let's call
him John - to undertake the necessary paperwork. |
Need to regulate non-housing
developers - NST 12/02/2000 - ACCORDING to media reports last
December, some 200 purchasers of light industrial factory units in Bandar
Indera Mahkota, near Kuantan, Pahang, have been left in limbo following a
dispute between the landowner, the Pahang State Development Corporation,
and the developer of the project, Merger Acceptance Sdn Bhd. |
Perils and problems of land
co-ownership - NST 19/02/2000 - JOINT ownership or
"co-proprietorship", as the term used in the National Land Code 1965
implies, may occur when several people pool together their resources and
purchase a property from an existing owner, or when they inherit a
property. |
Challenging land acquisitions -
NST 26/02/2000 - LAND acquisition proceedings have never
been easy, even for experienced legal practitioners and seasoned land
administrators. Most land administrators strive to the best of their
ability to comply with all requirements of the law (as laid down in the
Land Acquisition Act 1960 (LAA), but even the most seasoned among them
sometimes do make mistakes. |
Accessing land offices online a
step in the right direction - NST 18/03/2000 - THE recent
announcement by Land and Cooperative Development Ministry
secretary-general Prof Datuk Dr Nik Mohd Zain Nik Yusof that the public
can soon visit land offices on the Web to get some things done is a
welcome one. |
Revamp of Housing Developers Act
good - NST-SUPP13/04/2000 - PROPERTY transactions in Malaysia
are governed by the Housing Developers Act of 1966, which came into force
on Aug 29, 1969. The Act has no preamble. The long title of the Act merely
states that it provides for the control and licensing of the business of
housing developers in West Malaysia and for matters connected therewith. |
Innovative way to resolve housing
defects - NST 10/06/2000 -THE Penang Government's
announcement last month that it is taking immediate measures to resolve
the continuing problems of housing defects in the State is most welcome.
According to media reports, the State Government has directed the
developer of a housing project at Taman Bukit Panchor in Seberang Prai
Selatan to remedy the defects in some of the 402 units of low-cost houses
built. |
Sorting out theory and reality on
low-cost houses - NST 17/06/2000 - IT is common knowledge that
buying a low-cost house is not something a Malaysian can do easily. Before
you can even think of buying a low-cost unit, you have to be deemed
"eligible". You face two hurdles before you can achieve this. First, you
have to get onto the list of eligible purchasers for the project you are
interested in, meaning you have to qualify for the right to be on that
list. |
Buyers: Homes not up to mark
- NST 01/07/2000 - NOT too long ago, I received an e-mail from a
reader - let's call him Balan - who said he had bought a terrace house for
more than RM330,000 at a prestigious locale within one of Putrajaya's
precincts. At first, Balan was quite pleased with his purchase, as he had
acquired a corner lot with "breathing space" for his family and the option
to extend the house later on. |
An additional task for developers
- NST 08/07/2000 - DEVELOPERS big and small used to tell me
that life is not as easy for them as most people think. Not only do they
have to comply with more than a dozen Acts of Parliament, regulations,
rules and bylaws, they also have to deal with all kinds of people,
including bureaucrats, financiers, consultants, contractors and of course
purchasers, not all of them in a cordial fashion. |
Price to pay for Highland Towers
- NST 02/09/2000 - A COUPLE of weeks ago, I asked several close
friends who are practising lawyers if they had read the 162-page judgment
by Justice Datuk James Foong in the Highland Towers case. Surprisingly,
many replied they had not done so. |
Local councils must heed or probe
grouses about highrises - NST 09/09/2000 - THERE is a school of
thought that those who own a house or mansion on a mountain or hill are
held in higher esteem by ordinary folk who merely own properties built in
the "lowlands". In the late 1970s, I used to own a terrace house in
Bangsar, Kuala Lumpur. In those days, there were not that many
condominiums and apartments built on hillsides fringing the housing
estate. |
Looking after low-cost house
buyers' interest - NST 16/09/2000 - IF dreams can become
reality, by 2005, there would be at least another 230,000 low-cost houses
built in the country, on top of the volume required of the public and
private sectors under the Eighth Malaysia Plan (EMP). |
Business at the land offices as
slow as ever - NST 23/09/2000 - A LITTLE over two years ago the
then Auditor-General, Datuk Mohamed Khalil Mohamed Noor, stated in his
annual report that land offices in several states have been lagging behind
in several aspects of their work. Their weaknesses were identified as
being in the following areas: |
Law needs more `bite' to protect
house buyers - NST 30/09/2000 - LIFE can be cruel to the innocent at
times. Take the case of Rahmat Abu Bakar, a former navy staff sergeant who
devoted 38 years of service to his country and should now be able to enjoy
his retirement years. Unfortunately for Rahmat, his prospects of a
comfortable retirement have been dashed because of the irresponsibility of
a housing developer who abandoned the project in which he bought a house. |
Sorry end to
low-cost housing despite incentives NST 04/11/2000 - IF you have been following the
news closely the past several weeks, you might have concluded that
effective from a date as yet uncertain (which the authorities will in due
course will determine), low-cost housing as we know it will actually, to
all intents and purposes, cease to exist. You might recall that the
original price-tag of RM25,000 had given way to RM42,000 last year, when
the Cabinet gave its approval to the price increase. |
Affordable
housing: Dilemma of the working families with just enough to survive -NST 25/11/2000 -
NOT all urban dwellers are monthly wage-earners who can afford the hefty
monthly repayments due to banks for housing loans. A large number still
cannot even raise the requisite 10 per cent of the purchase price required
as deposit as they do not have any savings. Not being able to afford a
roof over their heads to call "home", where else can they go? |
Election usually
brings with it land titles - NST 09/12/2000 - IT has become the norm that on the eve of
a general election or by- election, a large number of land titles will be
handed out by State Authority to applicants. In some cases, the handing
over exercise has been carried out in haste as if there is no tomorrow. |
Ensuring safety
for high-rise style of living - NST 02/12/2000 - MALAYSIANS can generally be divided
into two categories - those who prefer to have houses built on terra
firma, and those who like high-rise living. Age has nothing to do with
this preference, nor money. It has more to do with a way of life that the
house buyer finds suitable, pleasant and acceptable. |
ight to object to
proposed plan for neighbour's land - NST 16/12/2000 - YOU have been informed, by
a reliable source, that your neighbour is about to carry out a mixed
development project on his land. All this while you have been made to
believe that if the owner of land adjoining yours intends to develop his
land, the local authority must notify you of the proposed development and
give you the opportunity to make representations or objections to the
proposal. |
Computerisation likely to speed
up land transfers - NST 06/01/2001 - A recent statement
by the Minister for Land and Co-operative Development, Tan Sri Kasitah
Gaddam that registration of land transfers can be done within a couple of
days seems too good to be true. |
Certificate of Fitness: Easy to
understand, difficult to implement - NST 10/02/2001 -
ESSENTIALLY the law relating to the issuance of certificates of fitness
for occupation of a building (CF) is not difficult to understand. It
should therefore be not too difficult to implement on a uniform basis
throughout the nation. That, at least, is the theory. |
Rights of housebuyers
involving defects - NST 17/02/2001 - IF you have just bought a house
from a developer and it is in absolutely good condition with no defect,
shrinkage or fault, count yourself lucky as many other buyers have not
been as fortunate. According to House Buyers Association chairman Datuk
Zainuddin Bachik, poor workmanship remains the number one complaint (22
per cent) among some 10,000 purchasers spread out in 46 housing schemes in
the country. |
Core housing can cope with
growing family needs - MM-CLAS 16/03/2001 - THE concept
of core housing is not new. Almost half a century ago, 40 years ago, a
developer had successfully built a medium-sized housing project using the
concept in a suburban area some four kilometres from Muar town.
|
Clearing the air on
indefeasibility under the Land Code - NST 17/03/2001 - THE
principal legislation covering land law in West Malaysia, the National
Land Code 1965, has never been easy to comprehend, even for seasoned legal
practitioners and senior academics - unless land law has become their
special area of expertise. |
Legalising an illegal building
- NST 31/03/2001 - I RECEIVED a couple of e-mails recently from
readers of this column, who wanted to know how to go about "legalising" an
illegal building. The query was in response to a recent article published
in the New Straits Times about problems faced by purchasers of the Venice
Hill Condominium project in Ulu Langat, Selangor and the partial solution
offered by the Kajang Municipal Council. |
Planning laws must meet the needs
- NST 07/04/2001 - TOWARDS the end of last year, some residents
of Damansara Heights in Kuala Lumpur were quite distressed when news began
circulating about a proposed development in their midst. |
Dreaming of a Houseowner's
Protection Act - NST-PROP 20/04/2001 - ONE of the things that
keeps me going on the subject of housing is the hope that one day we will
have a evenly-balanced piece of legislation that will effectively protect
house purchasers' interest without adversely affecting the continuous
growth of the housing industry in this country. |
Pitfalls of buying a model
house - NST-PROP 27/04/2001
- THERE is a strong urge
bordering on an irresistible compulsion for people with money and no
patience to buy an existing model house, also called a show house, built
by a housing developer on the occasion of the launch of a new project, or
a new phase of a project. Buying a show unit means having the advantage of
seeing what you purchased, unlike throwing down a hefty deposit on a house
which has yet to be built - and not knowing for certain whether it will
indeed be built and completed on the agreed date. |
Financing an illegal purchase - NST 18/05/2001
- ON January 5, 2001 the Kuala Lumpur High Court handed down a
decision which I think should be read by everyone involved in the housing
industry, and more so by senior management in financial institutions. It
is the decision of Kamalanathan Ratnam J. in Arab Malaysian Finance Berhad
v. Chan Sai Mee 2001 2 AMR 1743, which has just been published in my
favourite law report. If the name of the case does not ring a bell with
you, how about the Venice Hill Condominium and Golf Resort project? Right,
you have heard of it. |
NLC 2001 amendments -
NST-PROP 01/06/2001 - IT has been quite some time since
the National Land Code 1965 (NLC) was amended. The last time it went
through this exercise was in the aftermath of the country's economic
slowdown that led to the setting up of Danaharta. Some amendments had to
be made to provide the necessary legal infrastructure for that statutory
body. |
Make
them pay - NST 15/06/2001
- ACCORDING to
newspaper reports last April, 32 condo owners who had earlier sued their
developer, Endah Raya Realty Sdn Bhd for breach of contract had finally
agreed to an out-of-court settlement. The subject matter of their dispute
was the Shang Village condominium project in Kelana Jaya. |
Native customary rights over land
- NST-PROP 29/06/2001 - THERE is a recent judgment by Ian
HC Chin, J. in Nor Anak Nyawai & 3 Ors v. Borneo Pulp Plantation Sdn Bhd &
2 Ors. [2001] 2 AMR 2222 that should be read by every Malaysian interested
in knowing more about the roots of land law. |
Joint ventures in land
development - NST-PROP 06/07/2001 - JOINT ventures, whether in
trading, manufacturing, construction or land development, are like
marriages. They are usually "contracted in heaven" but sometimes are
"consummated in hell". |
The law’s stepchildren
- NST 16/07/2001- ONE of land law's most important (for the
squatter, the most awful) decisions is none other than Sidek & 461 Ors v.
Government of Perak [1982] 1 MLJ 313, where Raja Azlan Shah J. (as he then
was) said, in one of his most-oft repeated judgments, that "squatters have
no rights in law or equity". |
Dana housing solution -
NST-PROP 03/08/2001 - THERE was a suggestion a while ago that
we should start thinking along the lines of setting up an agency modeled
after Danaharta and Danamodal for the housing industry. |
Good urban governance -
NST-PROP 10/08/2001 - I READ on the Internet a little while ago that
several major trends in urbanisation will have a lasting impact on our
cities in this decade. One of these trends is the drift from the rural to
the urban areas. |
Raw deal for squatters -
NST-PROP 17/08/2001 - IF by chance you were offered a piece of land
not too far away from your current abode by the State Authority, would you
not instantly grab the offer without a second thought? |
True value - NST-PROP
24/08/2001 - DO you know what is the true value of your
property? This was the question posed to me by a family friend, a lawyer
turned businessman, from Sungei Petani a fortnight ago. Expecting it to be
one of his customary trick questions, I probed for an answer. |
Balancing setbacks with
achievements - NST-PROP 31/08/2001 - THE National Land
Code 1965 (NLC), which is applicable only in Peninsular Malaysia, has
substantially retained its scope and content since it came into force on
Jan 1, 1966. |
Reinventing the SPA -
NST-PROP 07/09/2001 - BOTH the print and electronic media
have been telling us that Malaysia is (and has been for some time) facing
a property glut or, if you prefer their terminology, property overhang.
|
Erosion of land ownership -
NST-PROP 14/09/2001 - EVERY Malaysian knows that his right to own
property in this country is guaranteed by the supreme law of the land.
Article 13 of the Federal Constitution states that "No person shall be
deprived of property save in accordance with law" (Clause (1))and if such
a law is passed by Parliament, then it must provide for "adequate
compensation" (Clause (2)). |
Are they really
resident-friendly? - NST-PROP 28/09/2001 - I received a rather
distressing e-mail recently from a reader of this column whom I shall
refer to by her initials BR. Her wish in sharing her problem (which is
also being faced by 15 other fellow residents of this particular place in
Jalan Ulu Klang) with me was based on the hope that I could somehow help
by highlighting it thereby (hopefully) galvanizing the relevant local
authority to act not only in accordance with the law, but also with good
governance and conscience. |
A case for automatic renewal
- NST-PROP 05/10/2001 - IN the days of our forefathers, it was
quite usual for state land to be alienated in perpetuity - what is usually
referred to in the commercial sector as "freehold land". |
Looking forward to a brand new
SPA - NST-PROP 12/10/2001 - THE Housing Developers
(Control & Licensing) Act 1966, in force since August 29, 1969, will soon
cease to exist. From its grave, like the proverbial phoenix rising from
its ashes, the brand new Housing Development Act 2001 will emerge.
|
Property recession: Real or
imagined? - NST-PROP 19/10/2001 - THESE are difficult times for
property developers. The recession is just round the corner. The events of
last Sept in New York and the attack on Afghanistan on Oct 8 are only
making matters worse. So said a property consultant a little while ago.
|
Weak debate on housing bill - NST
26/10/2001 - The Bill to amend the existing Housing Developers
(Control and Licensing) Act 1966 went through the Dewan Rakyat recently.
It had its second reading, followed by a debate by several backbenchers
and opposition members in the days immediately preceding the presentation
of the 2001 Budget by the Prime Minister. |
Does it exist? - NST-PROP
02/11/2001 - WHAT exactly does the National Housing Policy (NHP)
say? That was the question posed to me by a participant at a recent
property conference in Kuala Lumpur. I replied that like most other
people, I am in the dark about it. What little I know about the NHP is
what I have picked up from the print media, journals and reports from time
to time. |
HDA sees drastic amendments -
NST-PROP 09/11/2001 -THE Dewan Rakyat is now in recess, having
passed the Budget and several Bills, including the Housing Developers
(Control and Licensing) (Amendment) Bill 2001. Even if the Bill becomes
law (which will result in the Housing Developers (Control and Licensing)
Act 1966 being renamed the Housing Development (Control & Licensing) Act
1966, it only represents half of the work that needs to be done. T |
A call to introduce changes -
NST-PROP 16/11/2001 - SOME quarters might not like it if we
ask whether Malay reserve law is still necessary. Not understanding our
motive in asking that question, they might regard it as improper, perhaps
even viewing it as insensitive and offensive. |
The Florence Charter: Can we
learn from it? - NST-PROP 23/11/2001 - THE Florence Charter, drafted
by a certain International Committee for Historic Gardens (which met in
Florence in May 1981) defines a "historic garden" as an "architectural and
horticultural composition of interest to the public from the historical or
artistic point of view". |
Development gone mad -
NST-PROP 30/11/2001 - SO, what exactly is smart growth? Is it something
new and really important, something which we should know about in greater
detail, or is this just another hype, the art of coining a new name or
phrase for something old and familiar to us? |
Sick buildings - NST-PROP
14/12/2001 - MOST of us will be taking things easy from now, taking
a long break from the office until we greet the dawn of 2002. So, while
you are relaxing at home, spend a couple of minutes to ponder just how fit
you were throughout this year as you spent your working day at the office.
|
The perils of a land charge -
NST-PROP 28/12/2001 - IT is common knowledge that when a person
goes to a bank seeking a loan, the bank will ask the prospective borrower
whether he or she has any collateral for the loan. |
Right to sue still doubtful
- NST-PROP 25/05/2002
- PROBABLY every house owner and purchaser in Malaysia is aware
that the amendments to the Housing Developers (Control & Licensing) Act
1966 are now in force. Thanks to the print media, everyone must know by
now that apart from a change in its name (the Housing Development Act),
the scope of the new law has also been widened. |
NST-PROP 01/06/2002 Ending the paper crawl - ON November 24, 2000,
a Malay language newspaper quoted the Minister for Land and Co-operative
Development, Tan Sri Kasitah Gaddam as saying that registration of land
transfers (and other dealings as well) could be done in a jiffy "soon".
|
Mind the environment - NST-PROP 08/06/2002 - THE Environmental
Quality Act 1974 (EQA) is a federal law passed with the objective of
preventing and controlling pollution and enhancing the environment. It
cannot be read without also digesting a multitude of other laws - various
regulations and orders made under it from time to time. |
Conscientious growth - NST-PROP 15/06/2002 - I am not sure
whether we have a local Land Use Institute equivalent to that found in
Michigan in the United States, which I was told, was established in 1995.
The primary objective of the Institute is to map out an innovative
approach to land development that would help realise the following targets
- strengthen communities; enhance opportunities for local residents; and
protection of the state's natural resources. |
From Adong to Sagong - NST-PROP 22/06/2002 - THE National Land Code
had since Jan 1, 1966, become the sole statutory basis for the average
Malaysian to acquire any title or interest in land. In fact our land law
is rooted, long before the advent of modern legislation, in custom,
followed by Islamic law and subsequently principles of English law and
equity |
Change for the better -
NST-PROP 06/07/2002 - IS there a limit to what man can do to change the
natural order of things, positively or otherwise? Apparently not, because
past experience shows that it is limited only by the extent of man's
imagination. |
Evicting your tenant -
NST-PROP 13/07/2002 - BY its very name, tenant eviction is never an
easy task. There are several reasons that cause a landlord to drive out
his tenant. |
Land pooling - NST-PROP
20/07/2002 - WHILE surfing the Internet, I came across a document
entitled Urban Land Policies for the Uninitiated at the Escap website.
Spread out over five chapters, the document deals with various topics on
land matters, including increasing land supply for the poor and objectives
of an urban land policy. |
Is a revamp overdue? -
NST-PROP 27/07/2002 - PASSED by Parliament under Article 76(4) of
the Federal Constitution to "revise and consolidate" various Town Board
Enactments and Municipal Ordinances then in force, the Local Government
Act 1976 (the Act) though amended several times since has retained much of
its earlier form and content. |
Challenging land office -
NST-PROP 03/08/2002 - EACH time a case involving our local Land
Office reaches the courts the usual set of questions pop into my mind.
Were these Land Administrators well-versed with the law when they made the
disputed decision? |
Proton City premium debate -
NST-PROP 10/08/2002 - ONE wonders whether the recent debate on the
premium imposed by the Perak State Authority on the 4,863 acres of State
land it alienated to Proton City Development Corporation Sdn Bhd (PCDC)
was grounded on relevant consideration, or was it just so much hot air
blown out of context by those who relish taking potshots at the State
administration. |
Land recycling -
NST-PROP 17/08/2002 -
MALAYSIANS are just beginning to learn why they should recycle glass,
paper, and aluminium cans. A few regularly separate their rubbish but most
do not bother. The Ministry of Housing and Local Government has been
trying hard to persuade the public to do so, so far without any great
success. |
The Selangor solution -
NST-PROP 24/08/2002 - TWO things mentioned by Selangor Menteri Besar
Datuk Seri Dr Mohamad Khir Toyo in his recent announcement of the State
government's intention to build council homes in the near future are worth
repeating. The first is that these newly built council homes will be the
future homes of squatters in the state. |
Time for purchasers'
indemnity insurance -
NST-PROP 07/09/2002
-
THINGS are brightening up in downtown Alor Setar. Everyone is looking
forward excitedly to seeing it attain city status by next year. Several
main roads in the town centre have been spruced up. |
A viable alternative -
NST-PROP 14/09/2002 - FOR most of us in Malaysia, the instinctive
reaction to the concept of "transfer of development rights" (TDR) is that
it is unworkable or impractical. But what if it can be made to work in
special cases? |
Lack of prudence -
NST-PROP 21/09/2002 - NO one in his
right mind will challenge the exercise of administrative discretion by a
State Authority when it comes to disposal of state land under the National
Land Code 1965 (the Code). |
Turning dream to reality -
NST-PROP 28/09/2002 - "Can we balance EG with EP?" a friend asked.
Noticing I was totally lost, my friend explained that EG means economic
growth, while EP, environmental protection. Responding from the heart
rather than the head, I said, "Of course. |
A call to act -
NST-PROP 26/10/2002 - IF you
have been following the subject matter closely over the past several
decades, you would know that many things have been said about Malay
Reserve Land (MRL). Among them are the anachronistic elements in the law
and the need for an overhaul so that it can keep up with the times.
|
Making the Code people-friendly -
NST-PROP 02/11/2002 -
ADDRESSING the National Land Convention 2002 in Kuala Lumpur recently,
the Deputy Prime Minister, Datuk Seri Abdullah Ahmad Badawi, said when the
new national land policy is being drawn up, necessary steps should be
taken to ensure that it will be "mesra rakyat". |
Planned communities for senior
citizens - NST-PROP 16/11/2002 - THE Kedah State government
recently announced its plan to set up a retirement community for our
senior citizens. |
Sustainability through urban
landscaping - NST-PROP 23/11/2002 - A NEWS item some time back with
the caption "More flowering plants in urban areas" (NST Oct 29, 2002)
piqued my interest. According to the news report, the Federal Government
has directed all local authorities to plant "more flowering and colourful
plants" across the nation. |
Notice to vacate -
NST-PROP 30/11/2002 - IT was
front page news which immediately grabbed the reader's attention. The
story which appeared under the banner headline "Vacate homes or be fined"
was certainly not pleasant reading for the average Malaysian.
|
The low-cost equation -
NST-PROP 21/12/2002 - NO developer
will build something that cannot sell. Most developers have a range of
properties to offer - from the high- priced to the affordable units.
|
Right to vacant possession -NST-PROP 26/07/2003
- IN a standard Sale and Purchase
Agreement (SPA) for residential accommodation signed with a developer, a
purchaser is guaranteed the right to receive vacant possession of a
completed building within the period stipulated in the agreement.
|
A shocking decision -
NST-PROP 20/09/2003 - The finding of the High Court
to curtail the power of the Housing Tribunal was upsetting ... but not
unforseeable |
Slimmer is fitter - NST-PROP
06/09/2003 - THANK goodness the problem regarding delay in the
issuance of Certificates of Fitness for Occupation (CF) for built
properties is nearing an end. Do you know it had been a blight on our
property landscape for at least 30 years now? Of course, several attempts
had been made in the past to find a cure for it. Nobody should doubt the
sincerity of the authorities in trying to do it. But in the end, none of
the solutions worked as they were all plagued by that disease called BRT.
Yes, Bureaucratic Red Tape. |
Injustices in the TOL policy -
NST-PROP 30/08/2003 - THERE is a particular issue within the
wide canvas of our National Land Code 1965 (the Code) which has caused me
great concern for a long time, for the simple reason that it somehow has
become an engine of injustice against the common folk. I am referring to
the Temporary Occupation Licence (TOL) system for land, found in sections
65 to 69 in Chapter 2, Part IV of the Code. |
Shift in environmental balance -
NST-PROP 23/08/2003 - THOSE of us who have been keeping tabs on our
country's environmental issues would have noticed a remarkable change in
policy with regard to its governance over the last couple of months. This
should be good news for our future as it is in keeping with our desire to
practise sustainable development - something we had been wanting to adopt
since the Earth Summit in Rio de Janeiro, Brazil, more than a decade ago. |
Upholding purchaser
protection - NST-PROP
02/08/2003 - THERE is a recent case regarding purchaser protection
(the primary objective of the Housing Development Act 1966) which merits
close study by everybody involved in the local housing industry. |
Minding our rivers
- NST-PROP 04/10/2003 - THERE'S a saying which goes
something like this: If you want to know the true character of a city's
folk, see how they mind their rivers. If the rivers are filthy, it only
reflects the filthy habits of the people. The maxim might sound too
simplistic; perhaps even too harsh and judgmental, and many might not want
to be reminded of it, especially our city fathers. Sometimes the truth
hurts. |
Armed to perform - NST-PROP 18/10/2003 - IN my decade-long experience in
conducting legal courses for the public, I rarely find in my audience
officials from the local authorities. But there are exceptions, and on
occasion, I've seen officers from one or two councils in the Klang Valley,
such as Majlis Perbandaran Subang Jaya, in attendance. They are but a few
enlightened bodies that see the necessity to empower their senior staff
with advanced legal training. As for the rest - what can I say? |
Season for sorrow and reflection - NST-PROP 25/10/2003 - WHEN floods hit Kuala Lumpur in
June, how did her residents suffer? At best, it caused them the temporary
inconvenience of being trapped for several hours in their cars and unable
to move; at worst, they were forced to move out of their homes for a few
days. When the water receded and the sun shone a couple of days later,
those who had to vacate their homes were able to return and clean up the
mess. And their lives continued as before. |
Noise pollution and official indifference - NST-PROP 03/01/2004 - Not too long ago I received an e-mail from
a pensioner, CLC (full name withheld to preserve anonymity) living in a residential scheme located off the Lebuhraya
Damansara-Puchong in Kuala Lumpur. While I ponder a suitable response to his query (the law not being as crystal clear and as
favourable as many would hope), let me share with you his two-fold problem. The first deals with the existence of what he calls
"the hard plastic speed-breakers" that the local authority had "in their wisdom" (to quote CLC's exact words) constructed on one
of the roads serving that locality. The construction of these speed-breakers "was apparently in response to residents' complaints
about speeding vehicles and frequent accidents" at one major intersection along the main arterial roads in the housing estate. |
Walls that exclude - NST-PROP 06/03/2004 - THERE is a growing number of Klang Valley residents who are moving out of their homes in the "open" and settling into gated communities with their twin attributes of privacy and security. As innocuous as this may sound, sociologists who call the creation of such enclaves "fortressing" say such developments further reinforce the disparities that exist in society. They explain that people who have homes outside these walls might feel a sense of exclusion and some measure of alienation. |
|
|
|
|