BH – is it considered as development?

According to the Town Planning Act, 1976 (Act 172, Malaysia) [Akta Perancangan Bandar dan Desa], “development” is interpreted as

“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; …..”

Development is not only confined to property development, it covers any change in the land use. If your land falls under the jurisdiction of a town council or district office, you have to submit in your development proposal for their approval. If it is a township or real estate development, you can engage a planner or architect to apply for the planning permission for you.

However, first thing first, should we treat BH as a development?

IMO, it is not clearly defined under Section 2 of the Town Planning Act. The interpretation does not spell out that development shall cover any operation related to agriculture or farming and animal husbandry.

Anyway, one can still argue that it should be a development, given that BH construction involves building, engineering and the alteration of the original use of the building (town BH) and change in land use from agriculture to building (standalone BH on agriculture land).

Looks like BH construction rests on no man’s land.

A clear definition specified by the law is very important for the BH owners so that they really understand the necessary actions to be taken to legalise their BHs. Every BH owners have the right to safeguard and protect their investment.