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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 16/09/2000IF 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 06/01/2001A 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 29/06/2001THERE 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 07/09/2001BOTH 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.
 
 
 

 

 

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