Transcript DEVELOPING A COMPENSATION FRAMEWORK FOR LAND …

AVA CONFERENCE 2012
Gated and Guarded Community Scheme
(GACOS) for Residential Development in
Malaysia
Anuar Alias; Yasmin Mohd Adnan & Md Nasir Daud
DEPARTMENT OF ESTATE MANAGEMENT
FACULTY OF THE BUILT ENVIRONMENT
UNIVERSITY OF MALAYA
Flow in This Presentation
• Brief Background
• Gated Community (GC) and Guarded
Neighbourhood (GN) in Definition
• The Motivations for GACOS
• GACOS – the Malaysian context
• GACOS – the Legal and Planning Aspects
• GACOS – Emerging Facts about GACOS
Implementation
• Conclusion
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Background
• Gated and Guarded Communities Schemes
(GACOS) are a worldwide phenomenon.
• GACOS have been in existence centuries ago – in
Fiji, China in the ‘Tu Lou’ Hakka Villages.
• It is generally understood that GACOS arise as a
response to the fear of crime in urban areas and
perceived failure of the authorities to ensure
adequate safety and security.
• Ancient military camps and police complexes are
older forms of a GACOS.
• ‘Expatriate Compound’ in Saudi Arabia and other
Middle Eastern countries is an example of modern
day GACOS.
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Background
• In Malaysian, a gated community refers to a cluster of houses or
buildings that are surrounded by a wall or fence on the perimeter
with entry or access control via guard houses, boom gates or barriers.
• Normally includes round-the-clock security implemented through
security patrols, central monitoring system and closed circuit
television (CCTV) cameras.
• Some GACOS in Malaysia, particularly the high-end, feature more
than security.
• Kajang Country Heights, Sierramas, Tropicana and The Mines are
examples of GACOS that offer common facilities such as golf courses,
club houses and recreation areas. Such guarded communities
combine security with the offers of privacy and affluent lifestyles for
their residents.
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Definition
•
‘Gated Community’ (GC)
A group of residents or a community that live in a guarded fenced area
whether in high-rise property such as apartment, condominium and
town-house, or in landed property such as bungalow, terrace or
detached houses. However, ‘gated community’ in Malaysia relates more
to groups of residents or community who live in landed property with
strata title. The development of GC is consistent with the provisions of
Section 6(1A) of Strata Titles Act 1985 (Act 318).
•
‘Guarded Neighbourhood’ (GN)
A residential area controlled, in whole or in part, in the scheme of the
existing housing or new land holdings with individual land title. GN
scheme comes with or without guarded security house. By Malaysian
law, physical barriers on public streets and any entry and exit
restrictions to the residents and the public are not allowed. Thus the
creation of a GN is not backed by any law or regulation. It arises as an
ad hoc measure taken by residents to make their neighbourhood a
guarded area.
Note: The term GACOS refers to both concepts.
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The Main Motivations for GACOS..1/2
• The main attractions of gated and guarded
community are security, lifestyle and the
protection of property values. This often comes
with clear development guidelines for designing
individual style homes, which aim to ensure
standard and avoid homogeneity in house
designs.
• One very important feature of a gated
community is that the building requirements
are more flexible and allow for more efficient
land utilisation. For example, they remove the
necessity for walled boundaries, fences, drain
reserves and building setback requirements.
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The Main Motivations for GACOS..2/2
• Better quality “public” services, such as trash
removal and park maintenance can be expected
as these jobs are privatised, leaving local
authorities to concentrate on the provision of
other aspects.
• Gated community is perceived as an answer to
a growing threat of neighbourhood crime.
• As part of a lifestyle, gated community offers
privacy and peace of mind with the added
benefits (perhaps) of community feel within the
neighbourhood.
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Features of Gated Community in Malaysia
…….1/2
Gated Community in terms of requirements:
• Scheme must be no less than 1 hectare
and no more than 10 hectares (200-500
house units).
• The roads and shared amenities inside
the GC are owned by community and
managed by the Management
Corporation formed by residents.
• Walls between an individual unit and its
neighbour are not allowed.
• Social Impact Analysis needs to be done
before a GC can be considered by the
authorities.
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Features of Gated Community in Malaysia
…….2/2
Gated Community in terms of
requirements:
• Two entrances/exits needed (one for
main use, another for emergency)
• Perimeter fencing to be not more than
9 feet high and at least 50% visible
from outside
• Boom gate is not allowed
• Guard house of 1.8m x 2.4m
• The houses cannot be more than 4
levels (18.5 metres) from basement
• Visitors parking must be provided
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Legal Aspects of GACOS
Section 6, Strata Titles Act 1985 – Building
or land capable of being subdivided into
parcels.
(1) Any building having two or more storeys
on alienated land held as one lot under
final title (whether Registry or Land Office
title) shall be capable of being subdivided
into parcels; and any land on the same lot
shall also be capable of being subdivided
into parcels each of which is to be held
under a strata title or an accessory parcel.
(1A) Any alienated land having two or more
buildings held as one lot under final title
(whether Registry or Land Office title) shall
be capable of being subdivided into land
parcels each of which is to be held under a
strata title or as an accessory parcel.
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Planning Aspects of GACOS..1/3
• Planning laws and the State Authorities
have set stringent requirements for
approval of GACOS, as follow:
• Application is made by the landowner /
developer;
• The maximum area allowed for each
“parcel” for “gated community” is 20
acres;
• Type of development, number of units,
building set-back and densities are
regulated;
• Roads in the housing scheme are not
connected with adjoining areas at the
time the application is made or in the
future;
• Facilities and open spaces to be provided
are generally more onerous than for
normal development;
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Planning Aspects of GACOS..2/3
• Planning laws and the State Authority have
set stringent requirements for approval of
GACOS, as follow:
• Facilities outside GACOS are to be also
provided by the developer;
• Construction of guard house without barrier is
permitted; the location should not obstruct
the traffic (i.e. on road shoulder only);
• The location and design of the guard house
must be shown in the plan when applying for
the planning approval;
• Fencing height is regulated;
• Road reserves, street lights, drains, rivers,
pavements, playground and vacant area
remain as public reserved area. Developer can
maintain the facilities based on agreement
entered into with the Local Authority;
• Local Authority and other utility companies
are free to conduct their maintenance work in
the guarded area
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Planning Aspects of GACOS..3/3
• Planning laws and the State Authority have
set stringent requirements for approval of
GACOS, as follow:
• Developer to provide details with regard to
the concept proposed of the ‘Gated
Community’ development in – Disclosure statement; and
– Deed of Mutual Covenants (minimum
requirements as set out by the
Authority must be incorporated);
• Where developer wants local authority to
provide some of the services, an agreement
containing prescribed terms is to be
included in the maintenance agreement
between the local authority and the
developer. These prescribed terms include a
security bond.
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Guidelines by REHDA
• They are as follow:
•
•
Application - Applicants must state
clearly that the planning application is for
“gated community developments” under
Section 6 (1A) Strata Title Act 1985.
Size of Development - The current
planning guidelines set a limit to the
development sizes of GACOS which are
described in Table below.
TYPE OF HOUSING
NUMBER OF UNITS
LAND AREA
Detached/Semi-Detached/
Cluster
24-160
3 acres (min)-20 acres (max)
Terrace
48-240
3 acres (min)-10 acres (max)
Mixed Housing
48-240
3 acres (min)-10 acres (max)
Town House
48-480
3 acres (min)-10 acres (max)
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Guidelines by REHDA
• They are as follow (contd.):
•
•
Public Amenities - Developers must indicate GACOS parcels
and public amenities (to be surrendered to the government) in
each layout plan and pre-computation plan. However, the
Planning Department has the right to determine the size of
development depending on circumstances.
For each GACOS parcel, the provision of playground / vacant
area is 10% while the minimum area required for a
community hall is 2,000 sq. ft. Development exceeding one
GACOS parcel must provide integrated public amenities to be
located outside the GACOS.
Parcel 2
(3-20 acres)
Parcel 1
(3-20 acres)
Parcel 3
(3-20 acres)
Public Amenities:
Mosque, School, Football field
- outside the Gated Area
Parcel 4
(3-20 acres)
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Emerging Facts about GACOS
Implementation
• FACT NO. 1 : USE OF GUARD AND RESTRICTIONS AT
THE ENTRANCE
•
•
The use of guards to regulate the safety of individual home or certain
residential areas in some housing schemes is not contrary to the law,
provided that they comply with the requirements / conditions set by the
Ministry of Home Affairs (KDN). A special circular was formulated in 2006
by the Ministry of Home Affairs, i.e. Private Agency Circular No. 1, 2006
and Private Agency Circular No. 2, 2006
However, there are the wanton practices of imposing entry restrictions
even in housing schemes not developed under Strata Titles Act 1985.
Existing laws under Road Transport Act 1987 (S.80) and Street, Drainage
and Building Act 1974 (S.46(1)) explicitly prohibit the installation of
barriers at the entrance to or in public access areas, including the lane
edge and alley behind the residence. Only temporary forms of physical
barriers such as 'manual boom gate', safety cones and signs are allowed,
and this is provided that they are manned round the clock by security
personnel.
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Emerging Facts about GACOS
Implementation
• FACT NO. 2 : CONTROL OF ESTABLISHMENT FOR GUARDED
NEIGHBOURHOOD (GN)
• Currently, no GN schemes operate on public amenities and in business
areas - The draft guidelines explicitly preclude the establishment and
operation of GN in a neighbourhood where there are components of public
amenities such as school, mosque and community hall, and where there
are public bus transportation routes.
• People who disagree with the establishment of the GN scheme - The draft
guidelines also provide that any proposal to establish GN has to obtain the
approval of the resident majority (heads of households), subject to no
coercion and pressure on people who disagree. In this case, people who
disagree should not be forced to pay maintenance fees or charges.
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Emerging Facts about GACOS
Implementation
•
FACT NO. 3 : WHERE TO POSITION THE GUARD
HOUSE
The draft guidelines do not allow the construction of guard
houses in the middle of the main entrance of the GN
scheme area. Guard houses are only allowed on road
shoulder and should not obstruct traffic. If the proposed
guard house building is a permanent structure, applicants
(residents’ association) need to apply for approval of the
Temporary Occupation License (TOL) from the District Land
Office (PTD) concerned. This rule is consistent with the
provisions of Section 65, the National Land Code 1965 (Act
56). Guard house size must not exceed 1.8 metres by 2.4
metres. The proposed guard house designs must be
submitted to the Local Authority (Building Division) for a
temporary permit or approval for the construction of a
guard house. Guardhouse can be built only after obtaining
a temporary construction permit or approval from local
authorities.
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Emerging Facts about GACOS
Implementation
FACT NO. 4 : PERIMETER FENCING
• The guidelines do not allow the construction of the fence
(perimeter fencing) around the boundary of the GN scheme
neighbourhood. This is because the installation of fences in
the area of GN involves public road reserves, unlike the GC
scheme which is built on private land (the main lot of 'landed
strata').
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General Implementation Concerns of
GACOS
•
FACT NO. 5 : PROBLEM WITH MAINTENANCE FEES
Matters relating to the transparency of Residents Association of 'Gated
Community' and prevention of embezzlement of residents’ association
funds are not outlined in the guidelines. However, some of these issues
have been dealt with in the Building and Common Property (Maintenance
and Management) Act 2007 (Act 663) which applies legislatively to the
development and management of the 'gated community' that is developed
under the Strata Titles Act 1985 (Act 318 ). In this case, members of
residents’ association can lodge a complaint or report to the relevant
authorities according to existing law, if there is evidence of fraud and abuse
of power by the appointed residents' association.
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Findings From Interviews
•
INTERVIEWEE : PROFESSIONALS (Lawyers,
Architects, Valuers etc.)
• To study and consider public liability issues i.e. public liability
and insurance coverage within private roads / compounds.
• Existing Acts and guidelines pertaining to GACOS are in
conflict and inadequate.
• A need to further review GACOS related Acts for consistency
and comprehensiveness.
• Proposal to establish a separate Act solely for landed strata
properties i.e. GACOS
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Findings From Interviews
•
•
•
•
•
•
•
INTERVIEWEE : LOCAL AUTHORITY OFFICIALS
All purchasers of GACOS property should fully understand GACOS
concepts and its obligations
There needs to be a reconciliation between the GACOS maintenance
fees and local council assessment rates
There needs to be an improved understanding of the related
Acts/regulations/by-laws/planning guidelines and better
communication between the relevant technical departments of the
local authority / OSC
An application for GACOS needs to be submitted under STA in
concurrence with TCPA and BCPA, while its building plans have to
be in compliance to UBBL.
The community and social impact assessment of GACOS is required
GACOS living is not traditional to the local culture; its market is
driven primarily by security concerns while its affordability is ranged
beyond average income earners.
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Findings From Interviews
•
INTERVIEWEE : DEVELOPERS
• More equitable and pragmatic guidelines are needed for
determining share units of landed strata properties
comprising units of different land and built-up sizes for
various types of houses.
• Review needed of assessment rates in consideration of the
maintenance fees collected for the private management and
maintenance of GACOS common properties and services.
• Regulations / guidelines requiring minimum GACOS facilities
and amenities.
INTERVIEWEE : ACADEMICS
• The authorities need to conduct extensive awareness
programme to educate industry players and general public on
the requirements of the Acts and guidelines pertaining to
GACOS.
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To Conclude
•
•
•
GACOS looks set to stay and become a permanent feature of the
housing industry in Malaysia. It is one housing concept that can
contribute effectively to the creation of safe living environment
conducive for the residents.
The implementation of this concept should comply with appropriate
guidelines and regulations with an ultimate view to protecting the
rights of residents.
The implementation success of this concept will receive a boost if
local authorities and those involved in the building and planning of
physical environment of the area adopts a cooperative stance with
the community for whom the concept is intended to benefit, mainly.
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To conclude
•
• Finally, it is likewise important for residents and purchasers
of GACOS development to realise the need to co-operate with
the authorities and other stakeholders to ensure success in
building sustainable gated and guarded communities.
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TERIMA KASIH -THANK YOU
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