Wednesday, 19 June 2024

How is the Selangor State Gov going to address illegal Gated Communities without Planning Permission?

Soon, all Local Councils' procedures, practices and processes will be streamlined for a more systematic management and enforcement... by standardizing the various guidelines; planning permission and legislations; checklists for application submissions; license approvals; the lodging of complaints and apps; engineering, technical and building plans; the coordination of district boundaries/local authorities; contractors and tender management; and advanced delivery systems for all stakeholders and taxpayers.

By providing a clear standard of reference for all, this will reduce any grey areas and help curb any corruption... paving the way for better planning, coordination and enforcements. At the same time this will address illegal developments with no planning permission, such as the proliferation of illegal Gated Communities in Selangor. Now there is no more excuse for the lack of enforcements.

Unscrupulous RAs operating unlawful gated community schemes that do not follow the new SGKV blueprint guidelines would be taken action immediately. Certain quarters with selfish agendas that do not respect 'the rule of law' and do not respect the community will no longer be able to do as they wish or take advantage of the residents and victimize the community.

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We hope the new KPKT minister will address poor local govt policies and enforcement on all informal GnG schemes (GnG schemes with No Planning Permission)

What the Local Councils initially approved for Guarded Neighbourhood schemes now have become illegal Gated Communities. How? 

It is because unscrupulous RAs have gone against the Council's guidelines, flouting laws to implement their own version of the scheme in non-private residences.

Corrupt RAs have turned these guarded schemes to illegal gated communities by implementing prohibited procedures such as blocking public roads, guards asking the public for ID (such as Driver's License) and some even have gone further by implementing auto access card system for the neighbourhood that majority of the residents do not want. Now, this is the problem!

The above procedures introduced by the RAs are clearly against the laws in normal terrace or link houses under the jurisdiction of local councils. This type of informal gated schemes with no planning permission from the authorities that are run by RAs, are actually unlawful and a nuisance in public housing schemes.

Some say this type of illegal "GnG" only benefits the black market or syndicates - profiteering under the guise of providing neighbourhood security. The rights of all law-abiding citizens must be respected. (Haksaksama dan Kesejahteraan Komuniti). Many informal gated schemes in Selangor are not only illegal but are divisive and a hindrance in today's society.


We hope the new government will implement new housing policies that are inclusive, harmonious and in line with our National Unity Blueprint. And most importantly the authorities must protect us (the tax-paying residents) from unscrupulous individuals who want to enrich themselves in the name of providing neighbourhood security.

It's also time to tackle the proliferation of illegal gated community schemes that are plaguing the country and causing so much problems for the communities. The government must put a stop to informal gated communities in non-private properties (operated by RAs) that are breaking multiple laws. 

We need new policies that prevent certain quarters from taking advantage for their own selfish agenda and duping residents into signing up and paying "security" fee every month. (The govt must also try to help the communities on the costs of living and to eradicate "black economy").

What the majority of residents wanted initially... now have become the minority (continue to pay monthly "security fee" for as long as they are living here). 



To ensure that such schemes are operated within guidelines with sufficient consent and based on what the majority of the residents truly want, we hope the following new amendments will be included into the requirements by the Local/ Municipal Councils before approvals are given:
  1. Fresh new written consents from the residents must be obtained up-to-date yearly, officially, in a neutral environment without any pressure or influence, and not only once during the initial application by the RA.
  2. It must reflect the current consents given by the residents every year, and not based on incorrect outdated consents given years ago. (This is because majority of the residents do not know what they were getting into at the beginning or were misguided. Also many residents prefer to drop-off the scheme along the way; some have moved out; and some do not want the scheme later on for obvious reasons after being coerced earlier on without any knowledge on the matter. 
  3. The continuity of the scheme should also be based on the level of satisfaction and approval of the local community in terms of ethical conducts by the RA, guidelines adherence by the RA, community services and the compliance with the Rule-of-Law.
  4. A Notice Board containing all the updated relevant information must be put up near the entrance or guardhouse for the residents/public/authorities information - with details of the scheme and RA (e.g. the entire RA committee members' name, address, contact no, email, in addition to the scheme's type, approval period, security guards/company details, etc.)
  5. A booklet containing all the relevant information on Guarded Neighborhood schemes and KRT (Kawasan Rukun Tetangga with Skim Rondaan Sukarela (SRS) or Voluntary Patrol Schemes should be published and made available to all the residents before deciding whether they agree on what to sign up or not. The information should include the legality of the schemes, any related laws and acts (eg: Akta JPJ, Akta JPBD, etc.), the guidelines from the municipal council, what the RA and security guards can and cannot do, what is allowed, what is illegal, the rules, regulations, requirements, etc.
  6. Other information on the different types of properties such as strata vs private vs non-private, explaining the basic differences between them; management corporation vs joint management body vs residents association; KRT vs GnG schemes, Rukun Tetangga Act, input from Jabatan Perancangan Bandar dan Desa (JPBD), and the recommendation from PDRM, etc.
  7. Other information explaining the differences in the various gated and guarded schemes available in the country (gated community scheme vs guarded neighborhood scheme); etc.
  8. More rigorous approval requirements audits and residents' feedbacks, etc.
  9. Periodical enforcements by the authorities to ensure compliance, etc. 

Landed property developers should also review their policies, ethics and marketing strategies with regard to this matter. Property developers must be clear on their business definition and target market. 

They must not help facilitate the proliferation of informal gated communities as this is not in line with the national unity blueprint for the country. Are they sure this is a healthy trend or just a trend started by certain quarters? 

It is time property developers work with the Ministry of Unity and the Local Housing Ministry to safeguard the harmony and well-being of the community in general. Illegal gated communities are a hindrance in today's society. If we allow such divisive schemes to continue and flourish, we can forget about achieving a united society.

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